2023.04.18 Council Meeting Packet
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 14, 2023
City Council Meeting Schedule
Tuesday, April 18, 2023
Time Meeting Location
6:30 p.m.
City Council work session to discuss:
1. Rental licensing of state-licensed facilities.
2. City manager monthly check-in.
3. City Council liaison reports.
4. Constituent issues.
5. New business.
6. Announcements.
Council Chambers/
Zoom
7 p.m. City Council meeting Council Chambers/
Zoom
Immediately
following the
City Council
meeting
Economic Development Authority (EDA) meeting Council Chambers/
Zoom
Immediately
following the
EDA meeting
Continuation of City Council work session, if necessary Council Chambers/
Zoom
The public may attend the meetings via Zoom by connecting to them through one of the methods identified below:
Topic: Crystal City Council work session, City Council meeting, EDA meeting, and continuation of City Council work
session, if necessary.
Time: April 18, 2023 at 6:30 p.m. Central Time (US and Canada)
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4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 14, 2023
City Council Work Session Agenda
Tuesday, April 18, 2023, at 6:30 p.m.
Council Chambers/Zoom
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter,
the work session of the Crystal City Council was held on Tuesday, April 18, 2023, at ______ p.m. in
the Council Chambers at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. If the agenda
items are not completed in time for the regular City Council meeting at 7 p.m., the work session
will be continued and resumed immediately following the Economic Development Authority
meeting. The public may attend the meeting via Zoom by connecting to it through one of the
methods identified on the City Council Meeting Schedule for Tuesday, April 18, 2023.
I. Attendance
Council members Staff
____ Budziszewski ____ Bell
____ Cummings ____ Gilchrist
____ Eidbo ____ Therres
____ Kamish ____ Elholm
____ Kiser ____ Larson
____ Adams ____ Ray
____ Revering
____ Sutter
____ Serres
II. Agenda
The purpose of the work session is to discuss the following agenda items:
1. Rental licensing of state-licensed facilities.
2. City manager monthly check-in.
3. City Council liaison reports.*
4. Constituent issues.*
5. New business.*
6. Announcements.*
III. Adjournment
The work session adjourned at ______ p.m.
* Denotes no supporting information included in the packet.
Auxiliary aids are available upon request to individuals with disabilities by calling the city clerk at
(763) 531-1145 at least 96 hours in advance. TTY users may call Minnesota Relay at 711 or 1-800-627-3529.
Page 1 of 4
___________________________________________________________________________
FROM: John Sutter, Community Development Director
TO: Adam R. Bell, City Manager (for April 18 City Council Work Session)
DATE: April 13, 2023
SUBJECT: Discuss potential change to existing rental license exemption for state-
licensed residential facilities
A. BACKGROUND
On Nov. 1, 2016, the City Council adopted an ordinance amending Chapter 4 which,
among other changes, added the following three exemptions from the city’s rental
licensing requirement:
425.17 Subd. 2. Exemptions. The following properties are exempt from having to obtain
a rental license from the city:
a) Properties that have applied for and received Relative Homestead status for
property tax purposes;
b) Properties that are exempt from property taxes under Minnesota Statute, section
272.02 because they are a church parsonage; or
c) Supportive housing facilities that are licensed and inspected by the State of
Minnesota.
This memo concerns the highlighted exemption c) above.
With this change, 34 state-licensed supportive housing facilities (group homes) that the
city had previously licensed and inspected as rentals became exempt from rental
licensing. All of these were licensed by the Mn. Dept. of Human Services as Home and
Community Based Services.
Around the same time, there was rapid growth in another category defined by the state
as “Housing with Services” and registered (but not licensed or inspected) by the Mn.
Dept. of Health. While these properties were registered with the state, they were not
COUNCIL STAFF REPORT
Rental Licensing of State-Licensed Facilities
Page 2 of 4
licensed or inspected by the state. The city continued to require rental licenses and
inspections of these properties.
Due to numerous complaints statewide about lax oversight of Housing with Services
establishments, the state has phased out that classification and transitioned them to a
new Assisted Living license classification which includes a state inspection.
Upon researching these two classifications, both the Dept. of Human Services (2016
exemption) and Dept. of Health (until recently not exempt), staff determined that neither
agency’s inspection truly supplants the need for a city inspection:
• Both state departments’ inspections do not cover the same things as the city’s rental
inspection. We inspect the entire structure as well as the garage and yard
conditions. Sometimes the state inspectors miss life safety issues, such as one
house where window cranks had been removed from bedroom windows. The state
also does not check if critical equipment such as new furnaces and water heaters
had the required permit and inspection.
• The state licenses are on two year cycles whereas the City’s is annual. This would
mean exempted properties are only inspected every other year by the state, if that.
Multiple property owners have told city staff that sometimes more than 2 years pass
between state inspections. For example, one property licensed by the Dept. of
Human Services since 2016, 6505 40th Ave. N., has not been inspected since
January 2021.
• None of the cities surrounding Crystal exempt state-licensed properties, whether
under the Dept. of Human Services or the Dept. of Health.
B. OPTIONS
1. Continue the approach adopted in 2016
This would require an ordinance amendment to limit the exemption to the specific
type of state license that was in place when we adopted the exemption in 2016:
a) Properties that have applied for and received Relative Homestead status
for property tax purposes;
b) Properties that are exempt from property taxes under Minnesota Statute,
section 272.02 because they are a church parsonage; or
c) Supportive housing facilities that are licensed and inspected by the State
of Minnesota Department of Human Services as Home and Community
Based Services.
Page 3 of 4
Advantages:
• Continues the city’s practice since 2016
Disadvantages:
• The Department of Human Services inspections are infrequent and
do not cover the same things as city rental inspections. Ideally these
would be licensed and inspected by the city just like all other rental
dwellings.
2. Go back to the city’s pre-2016 approach and resume rental licensing of all
state-licensed dwellings
This would require an ordinance amendment the rental licensing requirement to
completely remove the exemption for state-licensed facilities:
425.17 Subd. 2. Exemptions. The following properties are exempt from having to
obtain a rental license from the city:
d) Properties that have applied for and received Relative Homestead status
for property tax purposes; or
e) Properties that are exempt from property taxes under Minnesota Statute,
section 272.02 because they are a church parsonage. ; or
f) Supportive housing facilities that are licensed and inspected by the State
of Minnesota.
Advantages:
• Applies the same city inspection standards to all rental dwellings
• General Fund revenue increase of approximately $5,000 per year
Disadvantages:
• Currently exempt Dept. of Human Services licensees may not
appreciate having to get rental licenses and city inspections
• More work for city staff
3. Do not change the ordinance
Upon their next rental license renewal cycle, the properties previously licensed
as rentals because they were Housing with Services establishments would be
informed that they are exempt from the city’s rental license requirement:
Advantages:
• Less work for city staff
Page 4 of 4
Disadvantages:
• Department of Health and Department of Human Services
inspections are infrequent and do not cover the same things as city
rental inspections
• General Fund revenue reduction of approximately $6,000 per year
C. REQUESTED CITY COUNCIL DISCUSSION
Depending on Council discussion, staff intends to prepare an ordinance amendment for
first reading on May 2 and second reading on May 16.
Address and Business Name City Rental License?
8204 33rd Ave N ‐ Dungarvin Banaher No (Exempt since 2016)
6809 36th Ave N ‐ Homeward Bound No (Exempt since 2016)
6505 40th Ave N ‐ Meridian Edgewood No (Exempt since 2016)
5720 43rd Ave N ‐ Homeward Bound No (Exempt since 2016)
7020 45th Pl N ‐ Seek Crystal Place No (Exempt since 2016)
4709 58th Ave N ‐ Dungarvin 58th #9 No (Exempt since 2016)
4717 58th Ave N ‐ Dungarvin 58th #17 No (Exempt since 2016)
3609 Brunswick Ave N ‐ Living Well Disability Services No (Exempt since 2016)
4367 Colorado Ave N ‐ Restart Inc. Yes (also licensed as Assisted Living)
4523 Colorado Ave N ‐ Cobbo Douglas No (Exempt since 2016)
4600 Colorado Ave N ‐ Meridian Colorado South No (Exempt since 2016)
4602 Colorado Ave N ‐ Meridian Colorado North No (Exempt since 2016)
3941 Douglas Dr N ‐ REM Hennepin Inc. ‐ Douglas Dr No (Exempt since 2016)
4563 Douglas Dr N ‐ Unlimited Possibilities Douglas Yes
3925 Georgia Ave N ‐ REM Hennepin Inc. ‐ Georgia No (Exempt since 2016)
3812 Hampshire Ave N ‐ Opportunity Partners ‐Hampshire No (Exempt since 2016)
4025 Jersey Ave N ‐ Homeward Bound No (Exempt since 2016)
4807 Jersey Ave N ‐ Dungarvin Jersey No (Exempt since 2016)
3535 June Ave N ‐ Homeward Bound No (Exempt since 2016)
5330 Kentucky Ave N ‐ Mary T Inc. No (Exempt since 2016)
3529 Lee Ave N ‐ Homeward Bound No (Exempt since 2016)
2742 Louisiana Ave N ‐ Mains'l Services Inc. No (Exempt since 2016)
3249 Louisiana Ave N ‐ Seek Home Inc. No (Exempt since 2016)
3501 Louisiana Ave N #110 ‐ Dungarvin Louisiana Yes (part of apartment complex)
3400 Quail Ave N ‐ REM Hennepin Inc No (Exempt since 2016)
4710 Quail Ave N ‐ Beacon Specialized Living Quail No (Exempt since 2016)
5558 Unity Ave N ‐ Dungarvin Unity No (Exempt since 2016)
5431 Welcome Ave N ‐ Hammer Welcome No (Exempt since 2016)
3109 Winnetka Ave N ‐ Mary T Inc. No (Exempt since 2016)
PROPERTIES LICENSED AS HOME AND COMMUNITY BASED SERVICES (29)
(Licensed by Mn Dept of Human Services)
Address and Business Name City Rental License?
6727 46th Ave N ‐ Empathy Home Care Inc. Yes
6825 46th Ave N ‐ Dis‐Generation Group Inc. Yes
6428 46th Pl N ‐ Empathy Home Care Inc. Yes
5127 53rd Ave N ‐ Peace Homecare Services LLC No, owner occupies and is homesteaded
5724 56th Ave N (Bass Lake Rd) ‐ Amazing Love Assisted Living Yes
5802 56th Ave N (Bass Lake Rd) ‐ Grace Home Yes
6501 57th Ave N ‐ Thrive Health Services LLC Yes
7600 59th Pl N ‐ Benedetta Home Care Services Yes
6600 Cloverdale Ave N ‐ Fantium Home Health Care LLC Yes
3648 Colorado Ave N ‐ Golden Pond Crystal Yes
3703 Colorado Ave N ‐ Empathy Home Care Inc. Yes
4367 Colorado Ave N ‐ Restart Inc. Yes
3000 Douglas Dr N ‐ Heathers Manor Yes
3501 Douglas Dr N ‐ Suite Living Senior Care Yes
2817 Hampshire Ave N ‐ Partners in Care Inc. ‐ Yes
4024 Idaho Ave N ‐ Esteem Home Health Services No, submitted copy of state license
3513 Kyle Ave N ‐ Senative Services Inc. Yes
3524 Kyle Ave N ‐ Attentive Care Yes
3428 Lee Ave N ‐ Loving Homes Inc. Yes
3537 Lee Ave N ‐ First Light Residential Care Yes
4757 Louisiana Ave N ‐ Push Services Inc. Yes
3525 Noble Ave N ‐ Olydia Home Care Inc. Yes
5857 Perry Ave N ‐ Azalea Homes LLC No, never applied for rental license
5202 Quail Ave N ‐ American Volunteer Homes LLC Yes
5737 Regent Ave N ‐ Joyful Home Healthcare LLC Yes
5748 Regent Ave N ‐ Chez Michael Care LLC Yes
4301 Welcome Ave N ‐ Belevo Health Services Yes
5517 Welcome Ave N ‐ Midwest Living Group Inc. Yes
5825 West Broadway ‐ YM Care Inc. Yes
3264 Xenia Ave N ‐ Journeys Home Care LLC Yes
4843 Yates Ave N ‐ Careview Yates Home Yes
5630 Yates Ave N ‐ Park Point Inc. Yes
PROPERTIES PREVIOUSLY REGISTERED AS HOUSING WITH SERVICES (32)
(Now licensed by Mn Dept of Health as Assisted Living)
Page 1 of 1
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
CITY MANAGER
MONTHLY CHECK IN - APRIL 2023
Objective 1 - Strategic planning for continued implementation of Council priorities:
• Thriving Business Community
o Community Development staff continuing to work with developers regarding
redevelopment opportunities
o Continuing to work through and advocate for city and community's interest with Blue
Line Extension
o Staff is participating in the New Hope Business Association (CBA 2.0)
o Worked to assist the Women-Owned Business Expo
• Strong Neighborhoods
o Promoting No-Mow May
o Continued implementation of Master Parks System Plan improvements
o Responsive to resident complaints/concerns and working with residents to
attain compliance
• Sound fiscal policies and practices
o Staff is discussing budget preparation
o 2022 Audit prep ongoing – Abdo working with Auditors for field work
o Implementing and reviewing updates for long term plan (2023 - 2032)
o Pursuing additional grant funding for park improvements.
o Provided testimony at MN House and Senate hearings for Crystal Cove Aquatic
Center State Bond Funding
o Staff is discussing budget preparation
o Pursuing grant funding for pool lifeguards through county
• Welcoming and inclusive community
o Inclusion & Diversity Commission – April 5 meeting was held despite lack of a quorum.
Mike Peterson gave his city communications/outreach practices presentation. Mike will
return to present it to the entire commission again in May.
Objective 2 - Work-life balance
• Employee appreciation/recognition program is being held April 19
• Supporting staff with family, health, and personal issues
• Support staff’s continuing professional growth and development
• Spent day off with family this month
• Connecting with neighboring city managers on various local issues
• Participate in metro and state professional organization to stay current
• Continuing participation in city manager leadership group
Objective 3 - Monitor difficult conversations regarding Council effectiveness
• Continue to work with council on finding common ground and develop mutual trust.
• Worked with Council to build consensus and eventually select candidate to fill vacancy
Page 1 of 3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Posted: April 14, 2023
City Council Meeting Agenda
Tuesday, April 18, 2023
7 p.m.
Council Chambers/Zoom Meeting
The city manager’s comments are bolded.
1. Call to Order, Roll Call and Pledge of Allegiance
2. Approval of Agenda
The Council will consider approval of the agenda.
3. Appearances
3.1 The City will share a presentation for the 2023 Neighbors Recognizing Neighbors Awards.
4. Council Vacancy Appointment
4.1 The Council will consider appointing Taji Onesirosan as council member representing Section 1
for a term ending December 31, 2024.
4.2 Oath of Office
The city clerk will administer the oath of office to newly appointed Section 1 Council Member
__________________.*
5. Consent Agenda
The Council will consider the following items, which are routine and non-controversial in nature,
in a single motion:
5.1 Approval of the minutes from the following meetings:
a. The City Council regular work session on April 4, 2023.
b. The City Council regular meeting on April 4, 2023.
5.2 Approval of the list of license applications submitted by the city clerk to the City Council, a
list that is on file in the office of the city clerk.
5.3 Approval of the appointment of Olivia Wertheimer to the Environmental Quality Commission
for a term to expire Dec. 31, 2025.
6. Open Forum
The City Council appreciates hearing from citizens about items of concern and desires to set aside
time during each meeting for Open Forum. To provide ample opportunity for all, speaking time is
limited to three minutes and topic discussion is limited to 10 minutes. The Mayor may, as presiding
officer, extend the total time allowed for a topic. By rule, no action may be taken on any item
Page 2 of 3
brought before the Council during Open Forum. The Council may place items discussed during
Open Forum onto subsequent council meeting agendas.
7. Regular Agenda
7.1 The Council will consider approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Recommend approval of disbursements over $25,000.
7.2 The Council will consider the first reading of an ordinance rezoning 3401 and 3415 Douglas
Dr to R2-PD and consider approval of a resolution approving the preliminary plat of Hampton
Addition.
Hampton Companies has requested rezoning of 3401 and 3415 Douglas Drive North from
R2 to R2-PD, together with a subdivision application, to allow an eight-unit townhome
development. At its April 10 meeting the Planning Commission held the public hearing and
recommended approval of the requested rezoning and subdivision. Staff recommends the
following Council actions:
(a) Approve first reading of the ordinance rezoning 3401 and 3415 from R2 to R2-PD.
(b) Adopt the resolution approving the Preliminary Plat of Hampton Addition.
7.3 Consider the first reading of an ordinance amending the Unified Development Code to allow
10’ high electric fences.
Amarok LLC has requested a Unified Development Code text amendment to allow 10’ tall
electric fences in Crystal. At its April 10 meeting the Planning Commission held the public
hearing and recommended denial. Staff recommends that the Council not approve first
reading of the ordinance and instead adopt the resolution prepared by the City Attorney
for denial of the requested text amendment.
7.4 The Council will consider a resolution authorizing an agreement for construction of concrete
walkways, shelter footings, bituminous pavement, play area curb and related items in
Broadway Park.
The parks capital fund includes funds for concrete work related to the recently approved
improvements at Broadway Park. Recommend adoption of the resolution approving the
proposed concrete work at Broadway Park as proposed.
7.5 The Council will consider a resolution authorizing an agreement for construction of concrete
walkways, shelter footings, play area curb, bituminous pavement and related items in Crystal
Highlands Park and Welcome Park.
The parks capital fund includes funds for concrete work related to the recently approved
improvements at Crystal Highlands Park and Welcome Park respectively. Recommend
adoption of the resolution approving the proposed concrete work at Crystal Highlands Park
and Welcome Park as proposed.
Page 3 of 3
8. Announcements
a. Metropolitan Airports Commission will hold a series of meetings at the Crystal Community
Center on Wednesday, April 19 regarding a proposed Crystal Airport Zoning Ordinance. There
will be an open house from 4:30-5:30 p.m., a presentation at 5:30 p.m. and a public hearing at
6 p.m.
b. The next City Council meeting is Tuesday, May 2 at 7 p.m. in the Council Chambers at City Hall
and via Zoom.
c. The Parks and Recreation Commission will host the annual Arbor Day celebration and park
clean-up on Wednesday, May 3, from 6 – 7 p.m., at Winnetka Hills Park, 8617 31st Ave. N.
d. To accommodate Crystal residents practicing No Mow May which provides habitat and
nutrition for early-season pollinators, the city waits until June 1 to begin long grass
enforcement.
e. City Council meetings and work sessions are open to the public. Current and previous
meetings are available for viewing and listening at www.crystalmn.gov.
9. Adjournment
Have a great weekend. See you at Tuesday’s meeting.
Memorandum
DATE: April 5, 2023
TO: Mayor and Council
FROM: Adam R. Bell, City Manager
SUBJECT: 2023 Neighbors Recognizing Neighbors Awards
____________________________________________________________________
Since 2017, the City of Crystal has honored those who make our city a wonderful place
to live and work with its Neighbors Recognizing Neighbors recognition awards program.
Early each year, the city seeks nominations from residents who want their wonderful
neighbor recognized for their kindness and helpfulness. This year, the Parks and
Recreation Commission reviewed the nominations and picked four winners for 2023.
The winners were invited to the council meeting and most said they would attend.
Our great neighbors recently received their inscripted crystal awards, and a video
presentation had been put together to honor them and their contributions to our
community.
In this presentation, we will hear from 2023 winners Phil and Donna Bradbury; Naomi
Davidson and Charlie Weihe; Lowell Kuhlman; and Becky and Steve Wilk.
3.1
4.1
4.1
4.1
4.1
Crystal City Council work session minutes April 4, 2023
Pursuant to due call and notice given in the manner prescribed by Section 3.01 of the City Charter, the
work session of the Crystal City Council was held at 6:50 p.m. on April 4, 2023 in the Council Chambers
at City Hall, 4141 Douglas Dr. N., Crystal, MN and via Zoom. Mayor Adams called the meeting to order.
I.Attendance
The city clerk recorded the attendance for city council members and staff:
Council members present: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Council Member Cummings observed the meeting remotely via Zoom.
City staff present: City Manager A. Bell, City Attorney J. Hill, West Metro Fire-Rescue District Chief S.
Larson, Public Works Director M. Ray, Police Chief S. Revering, IT Systems Administrator M. Haga
and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom.
II.Agenda
The Council and staff discussed the following agenda item:
1.Constituent issues.
Mayor Adams continued the work session to resume immediately after the City Council meeting.
Mayor Adams resumed the work session at 7:56 p.m.
The Council and staff discussed the following remaining agenda items:
2.New business.
3.Announcements.
4.Council Member Section 1 candidate interviews.
III.Adjournment
The work session adjourned at 9:49 p.m.
Jim Adams, Mayor
ATTEST:
Christina Serres, City Clerk
5.1(a)
Crystal City Council meeting minutes April 4, 2023
Page 1 of 4
1.Call to Order
Pursuant to due call and notice thereof, the regular meeting of the Crystal City Council was held on
April 4, 2023 at 7 p.m. in the Council Chambers at City Hall, 4141 Douglas Dr. N. in Crystal, MN and
via Zoom. Mayor Adams called the meeting to order.
Roll Call
Mayor Adams asked the city clerk to call the roll for elected officials. Upon roll call, the following
attendance was recorded:
Council members present: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Council Member Cummings observed the meeting remotely via Zoom, but did not participate as a
voting member.
City staff present: City Manager A. Bell, City Attorney J. Hill, West Metro Fire-Rescue District Chief
S. Larson, Public Works Director M. Ray, Police Chief S. Revering, IT Systems Administrator M. Haga
and City Clerk C. Serres. Assistant City Manager K. Therres was present via Zoom.
Pledge of Allegiance
Mayor Adams led the Council and audience in the Pledge of Allegiance.
2.Approval of Agenda
The Council considered approval of the agenda.
Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve the
agenda.
Motion carried.
3.Proclamation
3.1 Mayor Adams proclaimed May 21 – 27, 2023 as Public Works Week in the City of Crystal.
4.Consent Agenda
The Council considered the following items, which are routine and non-controversial in nature, in a
single motion:
4.1 Approval of the minutes from the following meetings:
a.The City Council regular work session on March 21, 2023.
b.The City Council regular meeting on March 21, 2023.
4.2 Approval of the list of license applications submitted by the city clerk to the City Council, a
list that is on file in the office of the city clerk.
4.3 Adoption of Resolution No. 2023-41, accepting a donation.
4.4 Adoption of Resolution No. 2023-42, canceling a special assessment for a Metropolitan
Airports Commission property.
4.5 Adoption of Resolution No. 2023-43, authorizing the Municipal State Aid Funding Advance
Request.
Moved by Council Member Kiser and seconded by Council Member Budziszewski to approve
the consent agenda.
Motion carried.
5.1(b)
Crystal City Council meeting minutes April 4, 2023
Page 2 of 4
5. Open Forum
The following person addressed the Council:
• Bonnie Bolash, 4060 Hampshire Ave. N., shared information about an upcoming event
related to women-owned businesses.
6. Public Hearing
6.1 Mayor Adams announced the purpose of the public hearing:
To receive comment, and Council consideration of new on-sale wine, beer and Sunday licenses
for Family Café and Diner, LLC d/b/a Family Café and Diner located at 6236 56th Ave. N.
City Clerk Chrissy Serres addressed the Council. Applicant Pedro Vital Torres also addressed the
Council.
Mayor Adams opened the public hearing for testimony. There being no one wishing to appear
before the Council to give testimony, Mayor Adams declared the public hearing closed.
Moved by Council Member Budziszewski and seconded by Council Member Kamish to approve
the on-sale wine, beer and Sunday licenses for Family Café and Diner, LLC d/b/a Family Café
and Diner located at 6236 56th Ave. N.
Voting aye: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Not voting: Cummings.
Motion carried.
7. Regular Agenda
7.1 The Council considered approval of disbursements over $25,000 submitted by the finance
department to the City Council, a list that is on file in the office of the finance department.
Moved by Council Member Kiser and seconded by Council Member Budziszewski to approve
the list of disbursements over $25,000.
Voting aye: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Not voting: Cummings.
Motion carried.
7.2 The Council considered civil penalties for violation of tobacco license regulations by Abi Saab
and Sons for Liquor, LLC d/b/a Crystal Wine and Spirits located at 4920 West Broadway.
City Clerk Chrissy Serres addressed the Council. Crystal Wine and Spirits business owner Joe Abi
Saab also addressed the Council.
Moved by Council Member Budziszewski and seconded by Mayor Adams to impose a penalty of
$750 and a one-day license suspension for violation of tobacco license regulations, based on
the staff report, including the findings contained therein, and other information presented in
this case.
By roll call voting aye: Adams and Budziszewski.
Voting nay: Eidbo, Kamish and Kiser.
Not voting: Cummings.
Motion failed.
5.1(b)
Crystal City Council meeting minutes April 4, 2023
Page 3 of 4
Moved by Council Member Kiser and seconded by Council Member Kamish to impose a penalty
of $300 and a one-day license suspension for violation of tobacco license regulations, based on
the staff report, including the findings contained therein, and other information presented in
this case.
By roll call voting aye: Eidbo, Kamish and Kiser.
Voting nay: Adams and Budziszewski.
Not voting: Cummings.
Motion carried.
7.3 The Council considered a resolution authorizing the purchase of Public Works security cameras.
IT Systems Administrator Matt Haga addressed the Council.
Moved by Council Member Kamish and seconded by Council Member Eidbo to adopt the
following resolution:
RESOLUTION NO. 2023 – 44
APPROVING THE PURCHASE OF PUBLIC WORKS DEPARTMENT
SECURITY CAMERAS DOCUMENTED IN THE CAPITAL REPLACEMENT PLAN
Voting aye: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Not voting: Cummings.
Motion carried, resolution declared adopted.
7.4 The Council considered a resolution authorizing the purchase of a tractor backhoe.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member Budziszewski and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2023 – 45
APPROVING THE PURCHASE OF A REPLACEMENT TRACTOR BACKHOE
Voting aye: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Not voting: Cummings.
Motion carried, resolution declared adopted.
7.5 The Council considered a resolution authorizing the professional services agreement for the
2024 Utility Reconstruction Project.
Public Works Director Mark Ray addressed the Council.
Moved by Council Member Kamish and seconded by Council Member Kiser to adopt the
following resolution:
RESOLUTION NO. 2023 – 46
AUTHORIZING PROFESSIONAL SERVICES CONTRACT FOR THE
2024 UTILITY RECONSTRUCTION PROJECT
5.1(b)
Crystal City Council meeting minutes April 4, 2023
Page 4 of 4
Voting aye: Adams, Budziszewski, Eidbo, Kamish and Kiser.
Not voting: Cummings.
Motion carried, resolution declared adopted.
7. Announcements
The Council and staff made announcements about upcoming events.
8. Adjournment
Moved by Council Member Budziszewski and seconded by Council Member Kamish to adjourn the
meeting.
Motion carried.
The meeting adjourned at 7:49 p.m.
___________________________________
Jim Adams, Mayor
ATTEST:
_____________________________________
Christina Serres, City Clerk
5.1(b)
City of Crystal Council Meeting
April 18, 2023�• �.
Applications for City License
Multiple Animal (Commercial)
Emily Pollnow, 3035 Hampshire Ave N, Crystal, MN 55427
Posh Pets dba Pet Supplies Plus 345 Willow Bend, Crystal, Mn 55428 (new owner)
Multiple Animal (Private)
Jessica Barnhart, 4848 Florida Ave N, Crystal, MN 55428
Justin Tucker, 8400 Northern Drive, Crystal, MN 55427
Tracey Videen, 4901 Vera Cruz Ave N, Crystal, MN 55429
Rental — New
5757 Adair Ave. N. — Invitation Homes (Conditional)
5724 Hampshire Ave. N. —Jessica Souvannalath (Conditional)
5849 Quail Ave. N. — Invitation Homes (Conditional)
5542 Unity Ave. N. — Omosola Omololu Aladedunye (Conditional)
4301 Welcome Ave. N. — GW Group LLC (Conditional)
Rental — Renewal
5108 Angeline Ave. N. — Chen Zhou (Conditional)
5315 Angeline Ave. N. — LG Rental Properties (Conditional)
3313 Brunswick Ave. N. —Jon Miller
4640 Colorado Ave. N. — MCAD Properties LLC
2755 Douglas Dr. N. — Reese Pfeiffer
2761 Douglas Dr. N. — Reese Pfeiffer
4859 Edgewood Ave. N. — Saosamprathna Oudom
4818 Hampshire Ave. N. — Reese Pfeiffer (Conditional)
5942 Idaho Ave. N. — MNSF (Conditional)
6048 Jersey Ave. N. — Invitation Homes (Conditional)
3537 Lee Ave. N. — Matthew Kluck
4849 Louisiana Ave. N. — Pradeep Khakural (Conditional)
3421 Major Ave. N. — Bill Feist (Conditional)
4848 Maryland Ave. N. — Reese Pfeiffer (Conditional)
5825 Pennsylvania Ave. N. — MN Equitable Housing Buyer (Conditional)
3256 Welcome Ave. N. — David Huber
4227 Zane Ave. N. — MNSF (Conditional)
7224 33rd Ave. N. — Mark Berthelsen (Conditional)
5925 36th Ave. N. — Bridge SFR IV Borrower LLC
6727 46th Ave. N. —ADS LLC (Conditional)
5022 49th Ave. N. — MNSF (Conditional)
7224 54th Ave. N. — MN Equitable Housing Buyer
6501 62nd Ave. N. — MN Equitable Housing Buyer (Conditional)
Tree Trimmer
Holtz Firewood and Tree Service, 11658 State Hwy 238, Royalton, MN 56373
Kota Tree Care LLC, 801 Russell Ave N, Minneapolis, MN 55411
City of Crystal Council Meeting
April 18, 2023
Applications for City License
Rental – New
5757 Adair Ave. N. – Invitation Homes (Conditional)
5724 Hampshire Ave. N. – Jessica Souvannalath (Conditional)
5849 Quail Ave. N. – Invitation Homes (Conditional)
5542 Unity Ave. N. – Omosola Omololu Aladedunye (Conditional)
4301 Welcome Ave. N. – GW Group LLC (Conditional)
Rental – Renewal
5108 Angeline Ave. N. – Chen Zhou (Conditional)
5315 Angeline Ave. N. – LG Rental Properties (Conditional)
3313 Brunswick Ave. N. – Jon Miller
4640 Colorado Ave. N. – MCAD Properties LLC
2755 Douglas Dr. N. – Reese Pfeiffer
2761 Douglas Dr. N. – Reese Pfeiffer
4859 Edgewood Ave. N. – Saosamprathna Oudom
4818 Hampshire Ave. N. – Reese Pfeiffer (Conditional)
5942 Idaho Ave. N. – MNSF (Conditional)
6048 Jersey Ave. N. – Invitation Homes (Conditional)
3537 Lee Ave. N. – Matthew Kluck
4849 Louisiana Ave. N. – Pradeep Khakural (Conditional)
3421 Major Ave. N. – Bill Feist (Conditional)
4848 Maryland Ave. N. – Reese Pfeiffer (Conditional)
5825 Pennsylvania Ave. N. – MN Equitable Housing Buyer (Conditional)
3256 Welcome Ave. N. – David Huber
4227 Zane Ave. N. – MNSF (Conditional)
7224 33rd Ave. N. – Mark Berthelsen (Conditional)
5925 36th Ave. N. – Bridge SFR IV Borrower LLC
6727 46th Ave. N. – ADS LLC (Conditional)
5022 49th Ave. N. – MNSF (Conditional)
7224 54th Ave. N. – MN Equitable Housing Buyer
6501 62nd Ave. N. – MN Equitable Housing Buyer (Conditional)
Tree Trimmer
Holtz Firewood and Tree Service, 11658 State Hwy 238, Royalton, MN 56373
Kota Tree Care LLC, 801 Russell Ave N, Minneapolis, MN 55411
5.2
Memorandum
DATE: April 13, 2023
TO: Mayor and Council
FROM: Adam R. Bell, City Manager
SUBJECT: Advisory Commission Appointment
____________________________________________________________________
BACKGROUND
Crystal Resolution No. 2016-163 (attached) established a process for recruiting and
interviewing candidates for advisory commissions, boards, and task forces. The City
Council briefly discussed the candidate's application for the Environmental Quality
Commission following the scheduled interview time frame at its April 13 work session.
RECOMMENDATION
Staff recommends the appointment of Olivia Wertheimer to the Environmental Quality
Commission to a term to expire Dec. 31, 2025.
5.3
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2016 -163
RESOLUTION ESTABLISHING A PROCESS FOR ACCEPTING APPLICATIONS
AND INTERVIEWING APPLICANTS TO COMMISSIONS AND BOARDS
WHEREAS, the City Council has, pursuant to the City Code and City Charter, created
various commissions and boards to assist the City Council in conducting the business of the City;
WHEREAS, Section 305.13, subd. 4 of the Crystal City Code requires the City Council
to establish, by resolution, a process for accepting applications and interviewing applicants to
commissions and boards;
WHEREAS, the process established herein only applies to the selection of members for
commission and boards, it does not apply to the selection of members to task forces created by
the City Council; and
WHEREAS, the City Council has determined that an orderly process for accepting
applications and interviewing applicants to commissions and board is needed to find the most
qualified individuals to serve on the City's commissions and boards.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal,
adopts the following process for accepting applications and interviewing applicants to City
commissions and Boards:
1. Notice of Positions. The City Manager shall provide the City Council a list of all
commission and board positions that are open for appointment in advance of advertising for
applications. The list shall include a proposed application deadline.
2. Advertisement. City staff shall prepare and post on the City's website and at City Hall a
notice of open commission and board positions and indicate the deadline for receiving
applications. The notice shall be posted at least 45 days prior to the application deadline.
Notice of the open positions may also be published in the City's official newspaper.
3. Eli ibili . All applicants for a commission or board must be residents of the City. The
notice of open positions shall identify any other qualifications for applicants interested in
serving on a particular commission or board.
4. Application. City staff shall prepare and make available to the public the application form
that must be completed and submitted to the City prior to the established application
deadline. The City may reject any incomplete applications. The City Manager shall notify
the City Council of the applications received.
4860650 KRH CR205-30
5.3
Interviews. The City Manager shall work with the City Council to identify the applicants to
be interviewed and to schedule and conduct the interviews. The City Council shall conduct
interviews at least once annually for all open positions.
6. Selection. The City Council shall appoint members to commissions and boards by a majority
vote at a City Council meeting. Those selected shall serve in accordance with Section 305 of
the Crystal City Code and the ordinance adopted to create the commission or board.
Adopted this 20th day of December, 2016.
ATTEST:
Chrissy Serres ity Clerk
2
4860650 KRH CR205-30
BY THE CITY COUNCIL
Jim Ad s, Mayor
5.3
5.3
5.3
5.3
DATE: April 12, 2023
TO: Adam R. Bell, City Manager
City of Crystal City Council
FROM: Jean McGann, Contracted Finance Director
RE: Expenditures over $25,000
Payee Amount
HealthPartners, Inc.April health insurance premiums $128,580.00
Musco Sports Lighting LLC Becker Park court lighting upgrades $56,090.00
LOGIS Monthly hosting and support, Laserfiche & Microsoft license $110,123.92
West Metro Fire Rescue District April contribution to West Metro Fire $123,281.10
Macqueen Equipment, Inc.Replacement sweeper $264,444.18
MN PERA Employee & city required contributions for 3/31/23 pay date $66,340.10
IRS - EFTPS Federal & FICA withholding taxes for 3/31/23 pay date $71,595.49
$820,454.79
Description
7.1
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 1 OF 10
___________________________________________________________________________
FROM: Dan Olson, City Planner
___________________________________________________________________________
TO: Adam R. Bell, City Manager (for April 18 Meeting)
DATE: April 13, 2023
RE: Consider approval of subdivision (preliminary plat) and first reading of an
ordinance rezoning the property at 3401-3415 Douglas Drive North to Planned
Development for proposed townhomes
A.INTRODUCTION
Hampton Companies is proposing to purchase the vacant property at 3401-3415 Douglas
Dr N., which is owned by the city’s Economic Development Authority (EDA), and construct
eight new townhome units. The property is zoned Medium Density Residential (R-2). The
applicant is proposing to subdivide the property into nine lots, comprised of eight townhome
lots and one common lot, and rezone it to Planned Development (R2 - PD).
Notice of the April 10 public hearing was published in the Sun Post on March 30, mailed to
the same property owners, renters and commercial tenants who received the neighborhood
notice (see attachment A), and posted to all Crystal neighborhoods on Nextdoor.
At the April 10th Planning Commission public hearing, the Commission recommended
approval of the preliminary plat and rezoning application. Two residents spoke at the
hearing, but only one expressed opposition to the development:
➢Comment: The resident’s main concern was that sightlines for eastbound vehicles
on 34th at Douglas Drive would be impaired.
Staff response: Staff has confirmed that buildings and landscaping will be not be
located within the visibility triangle, preserving adequate sight lines for motorists,
cyclists, and pedestrians to pass safely through the intersection. The buildings
would be 20 feet from the sidewalk and 28 feet from the existing curb on Douglas.
Staff Report Attachments:
A.Site location and neighborhood notice mailing map
B.Existing zoning map
C.2040 Comprehensive Plan planned land use map
D.Applicant’s project narrative
E.Site plan (19 sheets)
F.Ordinance
COUNCIL STAFF REPORT
Proposed Townhomes
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 2 OF 10
G. Resolution for preliminary plat approval
2021 Aerial Photo:
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 3 OF 10
Staff Report Organization
Section Page Number(s) Information Provided
B (Background)
Pages 3 - 4
• Neighborhood open
house
• Existing use
• Surrounding land uses
• Proposed use
• Conformance to
Comprehensive Plan
C (Site Plan and Subdivision
Elements)
Pages 4 - 7
• Parcel area details
• Lot dimensions and
building setbacks
• Site plan elements
D (Subdivision criteria) Page 7
E (Rezoning to R2-PD)
Pages 7 - 9
• PD district development
standards
• Requested flexibility in
site design
F (Requested Action)
Pages 9 - 10
• Requested Planning
Commission action
• Approval conditions
B. BACKGROUND
Neighborhood Open House
The applicant held a neighborhood open house on March 28, 2023, which was attended by
ten area residents, one Planning Commission member, and the city planner. The purpose of
the open house was to provide information on the proposed project to nearby property
owners. Attendees asked questions about the site plan layout and townhome features,
landscaping, and timing of construction.
Existing Use
The site is vacant, but previously contained two commercial buildings: a gas service station
at 3401 Douglas and a commercial building last occupied by a water conditioning contractor
at 3415 Douglas. Both buildings were demolished in 2010.
Surrounding Land Uses
The following are the existing zoning districts and land uses surrounding Hampton’s proposed
site:
• North. Eight-unit townhome building zoned Medium Density Residential (R-2).
• East. Across Douglas Drive are single-family homes zoned R-1.
• West. Single-family home and two vacant lots zoned R-1 and an insurance office
zoned R-2.
• South. Across 34th Avenue are single-family homes zoned R-1 and a real estate
office zoned R-2.
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 4 OF 10
Proposed Use
The applicant is proposing to construct two four-unit townhome buildings for a total of eight
units. The EDA has received a Hennepin County grant to remove contaminated soils for the
former gas station prior to the construction of the townhomes. The table below provides a
description of notable townhome elements.
Project Element Townhome description
Owned or rented Once construction is complete, Hampton will determine if the
market-rate townhomes will be owner-occupied or rented
Building height 2 story (25 feet in height)
Size of each unit Approximately 700 SF per unit on the main floor and 1,100
SF on the upper floor (total of 1,800 SF per unit)
No. bedrooms &
bathrooms
3 BR and 2½ BA per unit
Attached garage
size
Approximately 400 SF
Basements No basements (slab on grade)
Patios Each unit will have a patio
Conformance to Comprehensive Plan
According to the city’s 2040 Comprehensive Plan, the site is designated as medium density
residential, which allows for a gross density range of 6-16 units per acre. “Gross” includes in
the density calculation the street rights-of-way measured out to the centerline of both streets.
In the case of 3401-3415 Douglas Dr N., gross density is calculated as follows:
30,470 sq. ft. Size of both lots as shown on the preliminary plat dated March
14, 2023.
+18,141 sq. ft. Douglas Drive N. and 34th Avenue N. rights-of-way to the
centerline
= 48,611 sq. ft. Total area included in the density calculation
= 6,076 sq. ft. Gross area per unit (48,611 / 8 units)
There are 43,560 sq. ft. in one acre
43,560 / 6,076 = 7.2 units per gross acre which is between 6 and 16
The Comprehensive Plan also designates the property as a redevelopment area called “Area
D”. This area extends along Douglas Drive from 27th to 36th Avenues. The plan does not
identify any specific redevelopment standards for Area D.
C. SITE PLAN AND SUBDIVISION ELEMENTS
The properties included in the Planned Development consists of two platted lots addressed
as 3401 and 3415 Douglas Dr. N. The applicant is requesting to replat these lots into nine
lots with each townhome on its own lot plus a shared common lot. The following are the
notable site plan elements for the proposed townhome development:
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 5 OF 10
Parcel Area Details
30, 470 sq. ft. (0.69 acres) - Total area to be replatted as follows:
North townhome building:
➢ 1,654 sq. ft. (0.038 acre) Lot 1, Block 1 (new 3415 Douglas Dr. N)
➢ 1,534 sq. ft. (0.035 acre) Lot 2, Block 1 (new 3413 Douglas Dr. N)
➢ 1,534 sq. ft. (0.035 acre) Lot 3, Block 1 (new 3411 Douglas Dr. N)
➢ 1,654 sq. ft. (0.038 acre) Lot 4, Block 1 (new 3409 Douglas Dr. N)
South townhome building:
➢ 1,654 sq. ft. (0.038 acre) Lot 1, Block 2 (new 3407 Douglas Dr. N)
➢ 1,534 sq. ft. (0.035 acre) Lot 2, Block 2 (new 3405 Douglas Dr. N)
➢ 1,534 sq. ft. (0.035 acre) Lot 3, Block 2 (new 3403 Douglas Dr. N)
➢ 1,654 sq. ft. (0.038 acre) Lot 4, Block 2 (new 3401 Douglas Dr. N)
Outlot A:
➢ Outlot A will be the common area owned by the homeowner’s association, will
be 16,013 sq. ft (0.37 acres) in size, and will be addressed as 3417 Douglas Dr.
N.
Right-of-way dedication:
➢ Since the property is adjacent to a County road (Douglas Dr. N), the County
reviewed the preliminary plat and requested dedication of approximately 1,705
sq. ft. (0.039 acres) of additional right-of-way for potential future improvements
to Douglas Drive.
Lot dimensions and Building Setbacks. The R2-PD zoning designation allows flexibility with
site development standards such as lot dimensions and building setbacks. The following are
the requirements under R-2 zoning and the proposed requirements under the R2-PD zoning
classification.
Requirements under R-2 district Proposed requirements for R2- PD district
Lot area: 10,000 sq. ft per lot 1,534 – 1,654 sq. ft. per townhome lot,
30,470 sq. ft for the site
Lot depth: 100 feet 61 feet for each townhome lot, 109 feet for
the site
Lot width: 100 feet 25 – 27 feet per townhome lot, 243 feet for
the site
Setbacks for each four-unit building:
East (along Douglas Dr N: 30 feet 13 feet
South (along 34th Ave N): 30 feet 23 feet
North: 30 feet 10 feet
West: 15 feet 47 feet
Side setback for townhome lot: 15 feet 0 feet (zero lot line)
The proposed townhomes are not located in drainage or utility easements. Outlot A is
covered by a drainage and utility easement in its entirety.
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 6 OF 10
Site Plan Elements
• Parking. Each townhome will have a 2-car garage attached to the back of the unit that
will be accessed from 34th Avenue. In addition the site plan provides for nine surface
parking spaces along the back property line that will provide for overflow or visitor
parking. The parking lot meets UDC requirements for setbacks and parking space and
aisle dimensions.
• Stormwater management and erosion control measures. The applicant has provided a
stormwater management plan, which provides for a drainage swale along the north
property line and for a trench drain in the driveway south of the parking lot. Both the
swale and trench drain will connect to the city’s stormwater mains. The grading and
erosion control plans are subject to review and approval by the Bassett Creek
Watershed Management Commission. This review and approval has been made a
condition of approval of the rezoning to R2-PD. The percentage of impervious surface
will be 68%. This complies with the maximum coverage of 75% in the underlying R-2
zoning district, and represents a reduction from the 82% impervious coverage of the
previous use. During building construction the city will require erosion control
techniques to be used on-site including silt fences, inlet protection, and rock
construction entrances.
• Utilities. The proposed townhomes will connect with existing and proposed water and
sanitary sewer mains. There will be two water connections; the re-use of an existing
connection to Douglas Drive and a new connection to 34th Avenue. The two alternate
sources of water will provide a looped system for the townhomes. Three existing
overhead utility poles are located along the west side of the property, but two of the
utility poles will be removed as they are no longer needed. The existing overhead
utilities will be located in drainage and utility easements that are dedicated with the new
lot subdivision plat (the applicant will request that existing drainage and utility
easements be vacated at the May 2nd City Council meeting). If those lines are relocated
or extended, then the lines and extensions must be buried underground. New private
utility services to the proposed building, such as Xcel Energy, Lumen, and Comcast,
will be buried underground.
• Access and circulation. The city’s Public Works department and the West Metro Fire
Rescue District staff have reviewed this traffic circulation plan and found it adequate to
meet vehicle movement into and within the site, including fire trucks. Each townhome
unit will have an interior fire sprinkler system.
• Building elevations. The proposed major exterior building material is lap siding, with
cultured stone as an accent material. These materials meet the city’s requirements. A
rending of the proposed building is attachment E.
• Landscaping. The site plan calls for 12 new trees to be planted: “American elm”,
“princeton sentry gingko”, “thornless honeylocust”, “coffee tree”, “swamp white oak”,
and “boulevard linden”. The applicant proposes to plant nine varieties of shrubs,
including those that will screen the proposed building foundation from street view.
• Screening. Ground mechanical equipment behind the townhomes will be screened with
landscaping. Since each townhome unit will have their own trash and recycling
containers, a central dumpster enclosure will not be needed.
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 7 OF 10
• Exterior Lighting. The applicant has not yet submitted an exterior lighting plan, but is
not proposing any light poles for the property. As a condition of rezoning approval, the
applicant shall submit a plan for the exterior wall lighting that meets city requirements.
• Pedestrian connections. There is an existing sidewalk along Douglas Drive that allows
for pedestrian connections to the proposed townhome entrances.
• Signs. The applicant is not proposing any signage for the property.
• Park dedication. Based on the former commercial use, the UDC would have required a
park dedication fee of $3,450. The fee for a residential use is $8,000. The fee is
calculated by subtracting what would have been due for a commercial use from the
residential fee, for a total park dedication fee of $4,550. This park dedication fee would
be paid by the applicant prior to the release of the final plat by the city for recording at
Hennepin County. Park dedication fees go into the Parks Capital Fund for park system
improvements.
D. SUBDIVISION CRITERIA
The following are the relevant criteria for approval of subdivisions in city code section 510.25.
1. The proposed subdivision must be in compliance to the provisions of this UDC.
Findings: The proposed subdivision meets UDC requirements if rezoned from
R-2 to R2-PD.
2. The proposed subdivision must be in accordance with the objectives of the city’s
comprehensive plan.
Findings: The proposed subdivision meets the density requirements of the
medium density residential (MDR) land use category.
3. The physical characteristics of the site, including but not limited to, topography,
vegetation, susceptibility to erosion and sedimentation, susceptibility to flooding,
water storage and retention, must be such that the site is suitable for the type of
development of uses contemplated.
Findings: The characteristics of the site are conducive to the construction of
two new four-unit townhome buildings.
E. REZONING TO PLANNED DEVELOPMENT (R2 - PD)
The applicant is requesting that the property be rezoned to Planned Development (R2 - PD),
which allows flexibility in zoning requirements in planning for a development to have an
efficient and effective use of land, open space and public facilities. The underlying zoning for
the property would be Medium Density Residential (R-2).
PD district development standards. There are two relevant development standards related to
this proposed R2-PD rezoning:
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 8 OF 10
1. Minimum site area. The proposed development is .69 acres in size. The minimum site
area for a PD is 2 acres, but the UDC provides an exception to this requirement if at least
one of three criteria are met. The relevant criteria that is met by this development is as
follows:
Criteria: The property is located in a transitional area between different land use
categories or it is located on an arterial street as defined in the Comprehensive Plan.
Staff response: As described in section B of this staff report, the property is
located in Area D, which is a redevelopment area comprised of a mixture of
land uses and Douglas Drive is a minor arterial street.
2. Recreational Use. A residential PD must provide a minimum of ten percent of the gross
project area in private recreational uses for project residents, but the UDC provides for
this requirement to be waived if the following criteria is met:
Criteria: The city council finds that adequate recreational opportunities are available
sufficiently near the PD to make this requirement duplicative, or the PD is too small
for this requirement to be feasible.
Staff response: The property is too small for this requirement to be feasible.
The property is within a half-mile of Bassett Creek Park and Valley Place Park.
Requested flexibility in site design. As part of the PD rezoning, the applicant is requesting
flexibility with the following site design requirements. Staff is supportive of these requests
which provide a means to efficiently and effectively utilize a smaller property without
negatively impacting adjacent uses.
Building setbacks. Below are the minimum required building setbacks in the R-2 district
and the proposed setbacks in the R2-PD district. The west setback of 47 feet exceeds the
required setback of 15 feet so flexibility is not requested for that setback.
Standard R-2 Proposed R2-PD (four-unit building):
South (34th Ave N) = 30 feet = 23 feet
East (Douglas Dr N) = 30 feet = 13 feet
North = 30 feet = 10 feet
Standard R-2: Proposed R2-PD (townhome lots):
= 15 feet = 0 feet (zero lot line)
Lot dimensions. Below are the minimum required lot dimensions in the R-2 district and the
proposed dimensions in the R2- PD district.
Standard R-2 Proposed R2-PD
Lot area = 10,000 sq. ft 1,534 – 1,654 sq. ft per townhome lot, 30,470
sq. ft for the site
Lot depth = 100 feet 61 feet per townhome lot, 109 feet for the site
Lot width = 100 feet 25 - 27 feet per townhome lot, 243 feet for the
site
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 9 OF 10
Fence height. Fencing is proposed surrounding the patios facing Douglas Drive. The
maximum height for such fences is 4.5 feet, but the applicant is proposing to construct
fences up to 5 feet in height.
F. REQUESTED ACTION
At the April 10, 2023 Planning Commission meeting, the Commission recommended by
a vote of five to one (three members were absent) that the City Council approve the
rezoning of 3401-3415 Douglas Drive N. to Planned Development (R2-PD) to construct
two four-unit townhome buildings, with the following conditions of approval:
1. Site Plan. The development shall be constructed according to the site plan in
attachment E.
2. Building permit. The following are the requirements for building permit
issuance:
a. Submittal deadline. The applicant shall submit the permit application for
the townhomes by May 2, 2024 or submit a request for City Council
approval of a one-year extension by April 12, 2024.
b. Building permit issuance. Before the permit is issued, the applicant shall:
1) Receive approval of the erosion and grading plans by the Bassett
Creek Watershed Management Commission.
2) Sign a site improvement agreement with the city and provide an
escrow to guarantee installation of the parking lot, trench drain, and
landscaping plan.
3) Submit an exterior lighting plan that meets UDC requirements.
4) Receive approval by the City Council of the subdivision final plat and
the easement vacation applications and then provide documentation
that the plat and notice of completion for the easement vacation have
been recorded at Hennepin County.
3. Park dedication fee. Before the final plat is released by the city for recording
at Hennepin County, applicant shall pay the park dedication fee of $4,550.
4. Overhead utilities. If utility lines are installed, relocated or extended, the lines
shall be buried underground. New private utilities, such as Xcel Energy,
Center Point Energy, or Comcast shall be buried underground.
5. Special provisions related to Medium Density Residential - Planned
Development (R2-PD) rezoning. The rezoning to R2-PD implements the
following special provisions in place of the standard R-2 zoning requirements:
a. For each four-unit building, the minimum building setbacks are reduced as
follows:
• South (34th Ave N.): 23 feet
• East (Douglas Drive N.): 13 feet
• North: 10 feet
For each townhome lot, the minimum side setback within each lot is
reduced to 0 feet.
7.2
3 401-3415 DOUGLAS DRIVE NORTH – SUBDIVISION AND REZONING TO PLANNED DEVELOPMENT
APPLICATION
PAGE 10 OF 10
b. The minimum lot area, depth and width requirements are reduced as
follows:
• Lot area: 1,534 – 1,654 sq. ft.
• Lot depth: 61 feet
• Lot width: 25-27 feet
c. The maximum fence height along Douglas Drive is increased to 5 feet.
6. Compliance. Development of the plat is subject to the applicable
requirements of the Crystal City Code. The applicant is required to comply
with all applicable federal, state, and local laws, rules, regulations, and
ordinances in developing the plat and is required to obtain such other permits
and permissions as may be required.
7. Binding Effect. The conditions placed on this preliminary approval are binding
on the applicant, its successors and assigns, shall run with the property, and
shall not in any way be affected by the subsequent sale, lease, or other
change from current ownership. The obligations of the applicant under this
approval shall also be the obligations of the current and any subsequent
owners of the property.
The applicant anticipates starting construction of the building in mid-2023, with
completion in Spring 2024.
City Council approval of the preliminary plat and first reading of the ordinance rezoning
the property to R2-PD is requested. If the Council approves first reading, then second
reading of the rezoning ordinance would be considered on May 2, 2023 in which the
final plat and easement vacation requests will also be considered.
7.2
Site Location and Neighborhood Open House Notice Mailing Map
3401-3415 Douglas Dr N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment A
7.2
Zoning Map
3401-3415 Douglas Dr N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment B
7.2
2040 Comprehensive Plan Map
3401-3415 Douglas Dr N
4141 Douglas Dr. N.
Crystal MN 55422
Attachment C
7.2
Hampton Companies, LLC
1824 Buerkle Road
White Bear Lake, MN 55110
PROJECT PROPOSAL: To Crystal Planning Commission and City Council
PROJECT NAME: Hampton addition of Crystal
PROPERTY ADDRESS: 3401-3415 Douglas Drive
APPLICANT: Hampton Companies, LLC
1824 Buerkle Road
White Bear Lake, MN 55110
DESCRIPTION OF PROPOSED DEVELOPMENT:
Hampton Companies is proposing to develop an 8 unit townhome development. Each unit will have 3
bedrooms and 3 bathrooms. They will be 2 story units. Each will have its own 2 car garage with additional
off-street parking provided. Each unit will have a rear patio.
Land use Description: Total Land Size: .7 Acres-Approx.
Building Size Each: 1,864 Sq. Ft.
Occupancy: (2) 4-unit townhome buildings
Architectural Design: The building will combine stone, LP Smartside siding materials, Gable roof
details and architectural shingles.
PROJECT REQUESTS:
Rezoning from R-2 to Planned Development
Subdivision of lots
Final Plat
Vacate existing easements.
CONCLUSION:
Thank you for your time to review our proposal.
As we work thru the grading plan, special attention will be paid to the drainage and excavation plan to assure
that the drainage of this site does not disturb the neighborhood.
By approving this project, the city is gaining an attractive, tax paying properties to the community in an otherwise
idle property.
We look forward to continuing to work with the City staff, Planning Commission and City Council during the
review and approval process for this application. Please contact me with any questions you have on any item as
I would be more than happy to discuss it in further detail.
Sincerely,
Dan Brown
Hampton Companies, LLC
Attachment D
7.2
38'6"30'3"38'6"30'3"ResidenceNO. 6308FFE = 903.1Concrete Wall243.62N00°11'09"W 126.75N89°56'04"E 133.00S00°14'44"E 243.62N89°41'52"W 116.82N00°12'08"W 116.0816.40N89°54'39"W1 122341234OUTLOT ADrainage and Utility EasementOver All of OUTLOT AN40°03'54"E10.4322.49
N17°42'4
4
"
W
(Plat = 116.75)(Plat = 243.42)East Line of Block 1, PERLICK ADDITIONN82°03'04"W 58.60N63°44'56"E 46.53S00°14'44"E6.006.00S00°14'44"ES00°14'44"E 104.08S89°45'16"W 61.25N00°14'44"W 104.08N89°45'16"E 61.25S00°14'44"E 104.08S89°45'16"W 61.25N00°14'44"W 104.08N89°45'16"E 61.25N89°45'16"E 61.2525.0425.0427.0027.00N89°45'16"E 61.2525.0425.04N89°45'16"E 61.2527.0027.0027.0027.00N89°45'16"E 61.2525.0425.04N89°45'16"E 61.2525.0425.04N89°45'16"E 61.2527.0027.007.007.00N00°14'44"W 243.58DOUGLAS DRIVE (C.S.A.H. NO. 102)109.82126.00(To Be Vacated)(To Be Vacated)VICINITY MAPHampton Addition3401-3415 Douglas Drive, Crystal, Hennepin County, Minnesota 554221824 Buerkle Rd, White Bear Lake, MN 55110Hampton CompaniesPROJECTPROJECT NO.: 23035COPYRIGHT 2023 CIVIL SITE GROUP INC.cREVISION SUMMARYDATE DESCRIPTIONV2.0PRELIMINARY PLAT3-28-2023 City Comments..........N44565RORY L. SYNSTELIENLICENSE NO.DATEI HEREBY CERTIFY THAT THIS SURVEY,PLAN, OR REPORT WAS PREPARED BY MEOR UNDER MY DIRECT SUPERVISION ANDTHAT I AM A DULY LICENSED LANDSURVEYOR UNDER THE LAWS OF THESTATE OF MINNESOTA.3-14-2023NCLIENTcivilsitegroup.comQA/QCFIELD CREWDRAWN BYREVIEWED BYUPDATED BY.SWCJ.PRELIMINARY PLAT GENERAL NOTESPROPERTY DESCRIPTION:Lot 1, Block 1, PERLICK ADDITION, Hennepin County, Minnesota.ANDLot 6, Block 1, PERLICK ADDITION, Hennepin County, Minnesota.Please note that this Preliminary Plat was prepared without the benefit of a commitment for title insurance. Thedescription above is per Surveyors Certificate of Existing Conditions prepared by Demarc Land Surveying andEngineering, dated April 21, 2021, provided to us by the client. There may be easements or other matters of recordwe are unaware of and thus not shown hereon.DATE OF PREPARATION:03-14-2023Please note that the background survey information, including the benchmark, is per Surveyors Certificate of ExistingConditions prepared by Demarc Land Surveying and Engineering, dated April 21, 2021, provided to us by the client.APPLICANT:Hampton ComapniesDan Brown651-295-24591824 Buerkle Rd, White Bear Lake, MN 55110BENCHMARKS:The benchmark is the top nut of a fire hydrant located in the northwest quadrant of the intersection of DouglasDrive N and 34th Avenue N.Elevation=893.09 Feet (Datum not provided)AREAS:Block 1Proposed Lot 1 = 1,654 +/- Sq. Ft. or 0.038 +/- AcresProposed Lot 2 = 1,534 +/- Sq. Ft. or 0.035 +/- AcresProposed Lot 3 = 1,534 +/- Sq. Ft. or 0.035 +/- AcresProposed Lot 4 = 1,654 +/- Sq. Ft. or 0.038 +/- AcresBlock 2Proposed Lot 1 = 1,654 +/- Sq. Ft. or 0.038 +/- AcresProposed Lot 2 = 1,534 +/- Sq. Ft. or 0.035 +/- AcresProposed Lot 3 = 1,534 +/- Sq. Ft. or 0.035 +/- AcresProposed Lot 4 = 1,654 +/- Sq. Ft. or 0.038 +/- AcresProposed OUTLOT A = 16,013 +/- Sq. Ft. or 0.368 +/- AcresProposed Dedicated Right of Way = 1,705 +/- Sq. Ft. or 0.039 +/- AcresTotal Property Area = 30,470+/- Sq. Ft. or 0.700 AcresPlease note per comments from the City of Crystal that no part of the buildings including eaves and foundations,may be located within OUTLOT A.FLOOD ZONE:This property is contained in Zone X (area determined to be outside the 0.2% annual chance floodplain) per FloodInsurance Rate Map, Community Panel No. 27053C0213F, effective date of November 4, 2016.________________________________________________________Rory L. Synstelien Minnesota License No. 44565rory@civilsitegroup.comPRELIMINARY PLAT: HAMPTON ADDITIONOVERHEAD UTILITIESGASMAINSANITARY SEWERSTORM SEWERFIBER/COMM. LINEELECTRIC LINE (RECORD)WATERMAINELECTRIC LINEGASMAIN (RECORD)CHAINLINK FENCELINELinetype & Symbol Legend CONCRETE SURFACEPAVER SURFACEBITUMINOUS SURFACEGRAVEL/LANDSCAPE SURFACEWOODEN FENCELINEGUARDRAILWATERMAIN (RECORD)SANITARY SEWER (RECORD)STORM SEWER (RECORD)FIBER/COMM. LINE (RECORD)TELEPHONE LINE (RECORD)TELEPHONE LINESIGNSANITARY MANHOLESTORM MANHOLECABLE TV BOXTELEPHONE MANHOLEELECTRIC TRANSFORMERTELEPHONE BOXTRAFFIC SIGNALGAS METERELECTRICAL METERWATER MANHOLEWATER VALVEAIR CONDITIONERBOLLARDCATCH BASINELECTRIC MANHOLEGAS VALVEFLAG POLEHANDICAP SYMBOLFOUND IRON MONUMENTHYDRANTCAST IRON MONUMENTSET IRON MONUMENTFLARED END SECTIONPOWER POLEUTILITY MANHOLEGUY WIRECONIFEROUS TREEDECIDUOUS TREEROOF DRAINSEWER CLEAN OUTFIRE CONNECTIONWELLUTILITY VAULTPOST INDICATOR VALVEGAS MANHOLEHAND HOLEFIBER/COMM. MANHOLEMAIL BOXFUEL TANKELECTRICAL OUTLETSB SOIL BORINGLIGHT POLEACCESS RESTRICTION40102001020SCALE IN FEETAttachment E7.2
civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONC0.0TITLE SHEET............DOUGLAS DRIVE TOWNHOMESCRYSTAL, MINNESOTASHEET INDEXSHEET NUMBER SHEET TITLEC0.0 TITLE SHEETSITE LOCATION MAPNUTILITY PLANC4.0ISSUED FOR: CITY RESUBMITTALDEVELOPER / PROPERTY OWNER:ENGINEER / LANDSCAPE ARCHITECT:CIVIL SITE GROUP5000 GLENWOOD AVEGOLDEN VALLEY, MN 55422CONTACT: ROBBIE LATTA952-250-2200SURVEYOR:SWPPP - EXISTING CONDITIONSSW1.0GRADING PLANC3.0C5.0C5.1L1.0CIVIL DETAILSSWPPP - PROPOSED CONDITIONSSW1.1SWPPP - DETAILSSW1.2C2.0 SITE PLANSWPPP - NARRATIVESW1.3CIVIL DETAILSC1.0 REMOVALS PLANC5.2 CIVIL DETAILSKnow what'sRLANDSCAPE PLAN NOTES & DETAILSARCHITECT:THE ADKINS ASSOCIATION INC. ARCHITECTS2586 SEVENTH AVE EASTSAINT PAUL, MN 55109CONTACT: MICHAEL W. OSTLIE651-224-1358DEMARCLAND SURVEYING & ENGINEERING7601 73RD AVE NMINNEAPOLIS, MN 55428CONTACT: GREGORY R PRASCH763-560-3093HAMPTON COMPANIES1824 BUERKLE RDWHITE BEAR LAKE, MN 55110CONTACT: DAN BROWN651-295-2459SITE LOCATION7.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62W 999333888555999888NNNN666444438'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62DISCONNECT AND CAPEXISTING SANITARY SEWERSERVICE FOR 3401 DOUGLAS ROW LINEFIELD VERIFY LOCATIONREMOVALS LEGEND:civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23NREVISION SUMMARYDATEDESCRIPTIONC1.0REMOVALS PLAN............Know what'sRREMOVAL NOTES:CITY OF CRYSTAL REMOVAL NOTES: SW1.0 - SW1.5EROSION CONTROL NOTES:DLTREE PROTECTIONN T S25'DRIPLINE WIDTHPOSTS AND FENCINGEXTEND FENCE 25'BEYOND DRIPLINEWHERE POSSIBLETREE PROTECTION SIGN, TYP.TREE DRIPLINE, ORCONSTRUCTION LIMITS17.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONC2.0SITE PLAN............SITE AREA TABLE:SITE LAYOUT NOTES:SITE PLAN LEGEND:NKnow what'sRCITY OF CRYSTAL SITE SPECIFIC NOTES:OPERATIONAL NOTES:SNOW REMOVALALL SNOW SHALL BE STORED ON-SITE OUTSIDEPARKING LOT. WHEN FULL, REMOVAL CO.SHALL REMOVE EXCESS OF-SITETRASH REMOVAL:TRASH SHALL BE PLACED IN EXTERIOR TRASHAREA AND REMOVED BY COMMERCIAL CO.WEEKLY.DELIVERIES:DELIVERIES SHALL OCCUR AT THE FRONTDOOR VIA STANDARD COMMERCIAL DELIVERYVEHICLES (UPS, FED-EX, USPS).7.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONC3.0GRADING PLAN............GENERAL GRADING NOTES:GRADING PLAN LEGEND:GROUNDWATER INFORMATION:CITY OF CRYSTAL GRADING NOTES: SW1.0 - SW1.5EROSION CONTROL NOTES:NKnow what'sREOF=1135.527.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62RECONNECT 1.5" WATERSERVICE TO EXISTING LINE,INSTALL NEW CURB STOP @ROW LINEFIELD VERIFY LOCATION(2) 45° BENDS, TYP.1.5" DIP COMBINED FIRESUPPRESSION ANDDOMESTIC WATER SERVICEREPLACE EX. 1" TAP ATMAIN W/ 6"FIELD VERIFY LOCATION1.5" COPPER WATERSERVICE & CURB STOP,TYP.PRIVATE HYDRANT & G.V.4" PVC. SCH. 40 PRIVATESAN. SEWER SERVICE, TYP.214 LF 6" PVC SDR 35PRIVATE SANITARYSERVICE @ 1.00%INSULATE PER DETAILIN AREAS WITH LESS THAN8' COVERCUT IN 6" WYE PRIVATESERVICE CONNECTION @EXISTING 10" PUBLIC MAIN,DOWNSTREAM OF EX. MHEX. IE=882.79 (PERAS-BUILT, FIELD VERIFY)PR. IE=883.2952 LF 6" PVC PRIVATESANITARY SEWER SERVICE@ 1.00%SAN. MH 1RE=895.00IE (SE)=883.87BEND W/ REDUCER6" IE=886.01BEGIN/END INSULATIONBEGIN/END INSULATIONTRENCH DRAINRE=891.40-892.10BOTTOM=889.40IE=887.91CORE DRILL CONNECTION TOEXISTING CATCH BASINRE=890.73EX. IE=886.65 (PER AS-BUILT,FIELD VERIFY)PR. IE=886.9597 LF 8" PVC SCH. 40 @ 0.50%STMH 1RE=893.50IE=887.44SUMP IE=883.44INSTALL PRESERVER ANDSKIMMER94 LF 8" PVC SCH.40 @ 0.50%DOWNSPOUT PIPEDAYLIGHT PIPE THROUGHRETAINING WALLRAIN GUARDIANSTORMWATER SWALE, FLOWSEAST @ APPROX. 2.5%STORM/WATER CROSSING8" STORM IE=887.38LOWER WATERMAIN TOMAINTAIN MINIMUM 18" VERTICALSEPARATION BETWEEN PIPESSTORM/SANITARY CROSSING8" STORM IE=887.316" SANITARY TOP=884.40DISCONNECT AND CAPEXISTING SANITARY SEWERSERVICE FOR 3401DOUGLAS @ ROW LINEFIELD VERIFY LOCATIONCONNECT 6" AND 1.5" LINESWITH FITTINGS6" DIP WATER SERVICE6"x6" TEE & G.V.EXISTING MH PERAS-BUILT/AERIAL PHOTOEX. IE=882.85 (FIELDVERIFY)civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONC4.0UTILITY PLAN............GENERAL UTILITY NOTES:UTILITY LEGEND:CITY OF CRYSTAL UTILITY NOTES:NKnow what'sR7.2
civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONC5.0CIVIL DETAILS............AVK GATE VALVE BOXN T S1141.0 1.4 2.0 1.4 1.0 - -6 2.1 3.0 5.0 3.0 1.6 1.0 -105.9 8.4 12.0 8.4 4.6 2.6 1.2128.5 12.0 17.0 12.0 6.6 3.4 1.71411.5 16.3 23.0 16.3 8.9 4.6 2.31615.0 21.3 30.0 21.3 11.6 6.0 3.01819.0 27.0 38.0 27.0 14.6 7.6 3.62023.5 33.3 47.0 33.3 18.1 9.4 4.72434.0 48.0 68.0 48.0 26.2 13.6 6.863.8 5.3 8.0 5.4 2.9 1.5 1.0THRUST BLOCKN T S9UTILITY PIPE INSULATION DETAILN T S10AVK FIRE HYDRANTN T S12C5.0127"20"FINISHED GRADE6"RIBBON CURBN T SFINISHED GRADE4DOWELED JOINT BETWEEN TWO PAVEMENTSN T S"D" - DENOTES DOWEL DIAMETER"T" - DENOTES PAVEMENT THICKNESSNOTES:1. EITHER ONE PIECE OR THREADEDSPLIT-TYPE DOWEL MAY BE USED.2. USED THICKENED EDGE ON NEWPAVEMENT WHEN EXISTING PAVEMENTHAS THICKENED EDGE.JOINT SEALANTDETAILDRILL & GROUT DOWELEPOXY COATEDDOWEL SCHEDULEDOWEL SIZE DIA. LENGTHSPACING8" OR LESS34"16" 12" 0.C.9" - 11"1" 16"12" 0.C.12"-15"1-1/4"20"15" O.C.16" OR MORE1-1/2"20"18" O.C.16" OR MORE1-1/2"22"24" O.C."T""T"/2 /- "D"/25JOINT SEALANT DETAILSN T SNOTES:1. SEPARATING TAPE OR BACKERMATERIAL REQUIRED TO PREVENT JOINTSEALANT FROM FLOWING INTO SAWCUT,TO SEPARATE NONCOMPATIBLEMATERIALS AND TO PREVENT SEALANTFROM BONDING TO BOTTOM OFRESERVOIR.2. TOP OF SEALANT WILL BE 1/8" TO 1/4"BELOW TOP OF PAVEMENT.DWTW= WIDTH OF SEALANT RESERVOIR1/2" MINIMUN5/8" MAXIMUMEXCEPT FOR 3/4" EXPANSIONJOINTSD= DEPTH OF SEALANT1.0 TO 1.5 TIMES WT= DEPTH OF INTIAL SAWCUT, 1/4 OFTHE SLAB THINKNESS FORPAVEMENT LESS THAN 12"POURED JOINTSEALANTSEPARATING TAPESEE NOTE 1SEE NOTE 2POURED JOINTSEALANTSEE NOTE 2BACKER MATERIALSEE NOTE 16BITUMINOUS PAVEMENT - ALL TYPESN T S"A" WEAR COURSE (MNDOT2360 - SPWEA340B)TACK COAT (MNDOT 2357)"B" BASE COURSE (MNDOT2360 - SPNWB330B)"C" CLASS 5 AGGREGATESUBBASE (MNDOT 3138)COMPACTED SUBGRADE(100 OF STANDARDPROCTOR MAX. DRYDENSITY)PAVEMENT DESIGNTYPEWEAR (A) BASE (B) AGG.(C)NOTE:IF NO DESIGN IS DEFINED IN ABOVE CHART, SEEGEOTECH REPORT FOR FINAL PAVEMENT SECTION.IF DESIGN IS DEFINED IN ABOVE CHART, IT SHOULD BECONSIDERED FOR BIDDING PURPOSES ONLY. REFER TOGEOTECH FOR FINAL PAVEMENT SECTION.1LIGHT DUTY 1.5" 2.0" 6.0"HEAVY DUTY 2.0" 2.0" 8.0"FINISHED GRADENOTES:1. INSTALL CONSTRUCTION JOINTS AT10'-0" O.C. /-2. BASE DEPTH DEPENDANT UPONSOIL CONDITIONSFINISHED GRADEN T SB-612 CONCRETE CURB AND GUTTERCLASS 5 AGGREGATE SUB-BASE,COORD. BITUMINOUS PAVEMENT DETAIL(6" MIN.)0.5 SLOPE-CONSTRUCT WITH REVERSE SLOPE GUTTER(T.O. GUTTER) WHERE THE PAVEMENT SLOPES AWAY FROMCURB. SEE PLAN1:3 BATTER SLOPE GUTTER 34" PER 1'-0"3" RADIUS CORNERS12" RADIUSCOMPACTED SUB-BASE, EXIST. NATIVEOR PER SOILS REPORT36"3'-6"2'-6"60"-66"FROM PAVEMENT TOBOTTOM OF SIGN1/2"ACCESSIBLE SIGN AND POSTN T S1'-6"NOTE:1. SIGN SHALL BE AS SPECIFIED.2. BOTTOM OF SIGNS TO BE MOUNTED 60"-66" FROM PARKINGGRADE, SEE SIGN POST INSTALLATION DETAIL3. VERIFY POST PAINT C0LOR WITH LANDSCAPE ARCHITECTPRIOR TO INSTALLATION.14" METAL PLATE WELDED TO BOTTOM OF 6 PIPECOMPOUND FILL ANNULAR SPACE TO 1" FROM TOP WITH SILICASANDMATERIAL VARIES, SEE PLAN & DETAILS10° SLOPE, TYP. ALL AROUND1" SILICONE RUBBER OR ASPHALTIC CAULKING COMPOUND6" O.D. GALVANIZED STEEL PIPE PAINTED WITH 1 COAT OFAPPROPRIATE PRIMER AND TWO COATS SIGN ENAMEL. FILLANNULAR SPACE WITH GROUT. COVER WITH YELLOW "IDEALSHIELD" PLASTIC COVER.GREEN POWDER COATED STEEL SQUARE POST AS SPECIFIEDMETAL SIGN ACCORDING TO MN STATE CODEGALVANIZED STEEL FASTENER (TYP. OF 2)EXTEND POST PAST TOP OF POST8ACCESSIBLE PARKING PAVEMENT MARKINGN T SCITY CODEPER8'MIN.NOPARKING8'MIN.8'MIN.NOTE:1. ADHERE TO ALL STATE & FEDERAL ADASTANDARDS FOR PARKING, PAINT &SIGNAGE.2. VERIFY AND LAYOUT ALL PAINTED FORMS &STRIPING PRIOR TO INSTALLATION3. SEE PLAN FOR ACTUAL PARKING SPACESLAYOUT4. ALL PAINT COLORS MUST CONFORM TOSTATE AND FEDERAL ADA STANDARDSNOPARKINGNOPARKING4" WIDE PAINTED STRIPING, 45°CROSS STRIPE PATTERN AT 2'O.C. AT ACCESS AISLEFACE OF CURBADJ. SIDEWALKACCESSIBLE CURB RAMP.SEE GRADING & DETAILSHANDICAP SIGN, CENTERED AT HEADOF PARKING SPACE AND ACCESSAISLE 2' MIN,. AND 8' MAX. FROM FACEOF CURBNOTE: FOR REFERENCE ONLY, USESTANDARD ADA PVMT. PAINTTEMPLATE6" RADIUS12" DIAMETER6" LINE WIDTH FOR FIGURE6" LINE WIDTH OUTSIDE BORDER5'-6" SQUARE OVERALL18" RADIUS "WHEEL" SHAPEPAINTED SYMBOL DIAGRAM7GENERAL DETAILS NOTES:FINISHED GRADENOTES:1. ALL CONCRETE PVMT. ON-SITE SHALL INCLUDE FIBERREINFORCING - 3 LBS./C.Y. CONC. MACRO-FIBERS PERASTM C11162. INSTALLATION SHALL BE CERTIFIED AND INACCORDANCE TO AN ON-SITE A.C.I. TECHNICIAN ASSPECIFIED.3. SEE GEO-TECHNICAL RECOMMENDATIONS FOR GROSSWEIGHT REQUIREMENTS.4. SEE LAYOUT DRAWINGS FOR LIMITS OF WALKS.5. SEE CONCRETE JOINT DETAIL FOR REQUIREMENTS.6. 1/2" WIDE EXPANSION JOINT AND SEALANT AT ALLCURBS.7. IF NO DESIGN IS DEFINED IN CHART, SEE GEOTECHREPORT FOR FINAL PAVEMENT SECTION.8. IF DESIGN IS DEFINED IN CHART, IT SHOULD BECONSIDERED FOR BIDDING PURPOSES ONLY. REFERTO GEOTECH FOR FINAL PAVEMENT SECTION.CONCRETE PVMT./WALK/PADN T S (PRIVATE PROPERTY)PAVEMENT DESIGNTYPECONC. (A) AGG.(B)1. CURING:1.1. APPLY CURING COMPOUNDS IMMEDIATELY UPON FINISHINGOF CONC. SURFACE.1.2. ALL CONC. SURFACES SHALL HAVE CURING COMPOUNDSALLIED PER ASTM C-309. AT 200 S.F. PER GAL.1.3. ALL CURING COMPOUNDS SHALL BE TYPE 1 (CLEAR) ANDCONTAIN ACRYLIC BASED CLASS B RESTRICTED RESINSOLIDS.2WALKS5"6"CONC. PVMT.X"X"558" MIN. COVER7'-6" MIN. COVERVARIESSEE NOTE BELOW45°NOTE:1' OF SLACK TO ALLOW FORSETTLEMENT. HORIZONTALOFFSET MAY HAVE TO BE USED INSOME CASES TO INSURE AMINIMUM OF 7-6" OF COVER OVERSERVICE LINE.CURB BOX & WATER SERVICE CONNECTIONN T SCORPORATION COCKEXISTINGWATERMAINCONTINUOUS PIECE OF COPPER SERVICEPIPE FROM MAIN TO CURB STOPCONCRETE PATIO BLOCKOR 4" CONCRETE BLOCKPROVIDE CAP FOREND OF CURB STOPREFER TO PLANFOR CONTINUATIONCURBSTOPCURB BOX137.2
civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER:2303503/29/2023CITY RESUBMITTAL..........03/14/2023CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NHRL, JL..............2023 48523JORDAN M. LOCKMANLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.LICENSE NO.LICENSE NO.DATEDATEI HEREBY CERTIFY THAT THIS PLAN,I HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASSPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYSUPERVISION AND THAT I AM A DULYCENSED LANDSCAPE ARCHITECT UNDCENSED LANDSCAPE ARCHITECT UNDEE LAWS OF THE STATE OF MINNESOTE LAWS OF THE STATE OF MINNESOTMINNESOTA.4852348523DAN M. LOCKMDAN M. LOCKM03/29/2303/29/23REVISION SUMMARYDATEDESCRIPTIONC5.1CIVIL DETAILS............TRENCH DRAINN T S7CCLCCCCFLOWFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFFLOWSANITARY SEWER MANHOLEN T S1STORM MANHOLEN T S3PIPE BEDDING - RCP & DIPN T S4PIPE BEDDING - PVCN T S5FLOWFLOW61CATCH BASINN T S2SWALE - CROSS SECTIONN T S6' E Z> d/>^EKd ^͗7.2
civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONC5.2CIVIL DETAILS............7.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62BGBGBGBGBGBGBGBGBGSM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SM2SSNVRRSM27 - CA27 - EM3 - QB3 - SH3 - EK1 - BL1 - UP1 - PSG10 - DL6 - HA8 - NK5 - SM5 - AT25 - EM3 - HJ26 - AB36 - CA35 - JO4 - HA3 - HJ212 - HG7 - HG3 - HL24 - HA5 - JO6 - CA33 - HL212 - AB31 - HA3 - NK10 - AB36 - PMD7 - NK8 - SC26 - PMD13 - AM7 - HG6 - DL24 - SL6 - PMD7 - NK7 - SC26 - PMDSSNV9 - CA213 - TH15 - SLSM2SM2SM2GROUND COVERS CODE COMMON / BOTANICAL NAMESIZESSNVMN SEED MIX #34-262 WET PRAIRIE / LOWER BASIN SEED MIXMN SEED MIX #34-262 WET PRAIRIE, PER MNDOT SEEDINGMANUAL SPECIFICATIONS (2014)SEEDING RATE: 14.5 LB/ACRE (128.4 SEEDS/SF)Seed MixRR4"-6" DIA. RIP RAP SIZED ROCK/STONE / RIP RAPROCK MULCH RIP RAP SIZED 4-6" ON GEOTEXTILE FABRIC.MulchSM2SHREDDED CEDAR MULCH 3" DEEP / SHREDDED CEDAR MULCHDOUBLE SHREDDED CEDAR MULCH INSTALLED 4" DEEP ONGRADED AND PREPARED SOIL. PROVIDE EDGING AS REQ. ONLANDSCAPE PLAN.MulchBGBLUE GRASS SOD / SODBLUE GRASS SOD WITH IMPROVED VARIATIES, INSTALLED ONPREPARED SOIL, CONTAINING 6" OF TOPSOIL W/MINIMUM 4%ORGANICS BY WEIGHT. SCARIFIED AND EVENLY GRADED. BIGROLL PREFERRED FOR LARGER AREAS.SodPLANT SCHEDULETREES QTY COMMON / BOTANICAL NAMECONTNATIVE PLANTS POLLINATOR FRIENDLYPSG1Princeton Sentry Gingko / Ginkgo biloba `Princeton Sentry`2.5" Cal. B&B NOT NATIVE NSH3Skyline Thornless Honey Locust / Gleditsia triacanthos inermis `Skycole` TM2.5" Cal. B&B NATIVE CULTIVAR NEK3Espresso Kentucky Coffeetree / Gymnocladus dioica `Espresso`2.5" Cal. B&B NATIVE CULTIVAR NQB3Swamp White Oak / Quercus bicolor2.5" Cal. B&B NATIVEYBL1 Boulevard Linden / Tilia americana `Boulevard`2.5" Cal. B&B NATIVE CULTIVAR YUP1 American Elm / Ulmus americana `Princeton`2.5" Cal. B&B NATIVE CULTIVAR YSHRUBSQTYCOMMON / BOTANICAL NAMESIZENATIVE PLANTS POLLINATOR FRIENDLYCA312New Jersey Tea / Ceanothus americanus#1 CONT NATIVEYCA217Arctic Fire Dogwood / Cornus sericea `Arctic Fire`#5 CONT NATIVE CULTIVAR YDL16Dwarf Bush Honeysuckle / Diervilla lonicera#5 CONT NATIVEYHA15Annabelle Hydrangea / Hydrangea arborescens `Annabelle`#5 CONT NOT NATIVE YHL26Little Quick Fire Hydrangea / Hydrangea paniculata `Little Quick Fire`#5 CONT NOT NATIVE YHJ26Kalm St. Johnswort / Hypericum kalmianum#2 CONT NATIVEYJO10Grey Owl Juniper / Juniperus virginiana `Grey Owl`#5 CONT NATIVENSM5Dwarf Korean Lilac / Syringa meyeri `Palibin`#7 CONT NOT NATIVE YTH13Holmstrup Arborvitae / Thuja occidentalis 'Holmstrup'---GRASSESQTYCOMMON / BOTANICAL NAMESIZENATIVE PLANTS POLLINATOR FRIENDLYAB328Blackhawks Big Bluestem / Andropogon gerardii 'Blackhawks'#1 CONT NATIVE CULTIVAR YSL39Little Bluestem Grass / Schizachyrium scoparium#1 CONT NATIVEYPERENNIALSQTYCOMMON / BOTANICAL NAMESIZENATIVE PLANTS POLLINATOR FRIENDLYAT25Summer Beauty Globe Lily / Allium tanguticum `Summer Beauty`#1 CONT NOT NATIVE YAM13Montgomery False Spiraea / Astilbe japonica `Montgomery`#1 CONT NOT NATIVE YEM12Magnus Purple Coneflower / Echinacea purpurea `Magnus`#1 CONT NATIVE CULTIVAR YPMD24Pardon Me Daylily / Hemerocallis x `Pardon Me`#1 CONTHG19Guacamole Plantain Lily / Hosta x `Guacamole`#1 CONT NOT NATIVE YNK25Kit Kat Nepeta / Nepeta x faassenii `Kit Kat`#1 CONT NOT NATIVE YSC215Cardonna Salvia / Salvia x superba `Caradonna`#1 CONT NOT NATIVE YPLANT SCHEDULEREVISION SUMMARYDATEDESCRIPTIONL1.0LANDSCAPE PLAN............civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23LANDSCAPE NOTES:PROPOSED PERENNIAL PLANT SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED DECIDUOUS AND EVERGREEN SHRUB SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED ORNAMENTAL TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED EVERGREEN TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED CANOPY TREE SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIESAND PLANTING SIZESMULCH SCHEDULEAREAMULCH TYPEEDGING FABRICREMARKSTREE RINGS4" DEPTH, SHREDDED CEDARNO NO SEE DETAIL SHT. L1.1PLANTING BEDS4" DEPTH, SHREDDED CEDARYES NONATIVE SEED AREAS 2 SIDED NAT. NET STRAW BLANKET NA NANOTE: COORDINATE ALL MULCH AND PLANTING BED MATERIAL PRIOR TO INSTALLATION, PROVIDE SAMPLES AND SHOP DRAWINGS/PHOTOS/DATA SHEETS OF ALLMATERIALSEDGING - SHALL BE COMMERCIAL GRADE, 4" DEPTH ALUMINUM,BLACK OR DARK GREEN IN COLOR, INCLUDE ALL CONNECTORS,STAKES, & ALL APPURTENANCES PER MANUF. INSTALL PER MANUF.INSTRUC./SPECS.SEE SHEET L1.1 FOR PLANTING SCHEDULENKnow what'sRPERENNIAL BED PLANTINGN T S4DECIDUOUS & CONIFEROUS SHRUB PLANTINGN T S3DECIDUOUS & CONIFEROUS TREE PLANTINGN T S2IRRIGATION NOTES:7.2
REVISION SUMMARYDATEDESCRIPTIONL1.1LANDSCAPE PLANNOTES & DETAILS............civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23IRRIGATION NOTES:AGGREGATE MAINTANENCE STRIPN T S1Know what'sRPERENNIAL BED PLANTINGN T S4DECIDUOUS & CONIFEROUS SHRUB PLANTINGN T S3ROCK MULCH/RIP-RAP, SAMPLES REQUIREDPROVIDE EDGING AS SHOWN ON PLANLAWN - SODSEED TYPE 1 - MNDOT 34-262 WET PRAIRIE, PERMNDOT SEEDING MANUAL SPECIFICATIONS (2014)1" DIA. ROCK MAINTENANCE STRIP OVER FILTER FABRIC,SAMPLES REQUIRED. PROVIDE EDGING AS SHOWN ON PLANGEOTEXTILE (ADD TO SEED MIX HATCH)PROPOSED PERENNIAL PLANT SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESSEED TYPE 2 - MNDOT 35-221 DRY PRAIRIE, PERMNDOT SEEDING MANUAL SPECIFICATIONS (2014)SHREDDED CYPRESS MULCH, SAMPLES REQUIREDPROVIDE EDGING AS SHOWN ON PLANPROPOSED DECIDUOUS AND EVERGREEN SHRUB SYMBOLS - SEEPLANT SCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED ORNAMENTAL TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED EVERGREEN TREE SYMBOLS - SEE PLANTSCHEDULE AND PLAN FOR SPECIES AND PLANTING SIZESPROPOSED CANOPY TREE SYMBOLS - SEE PLANT SCHEDULEAND PLAN FOR SPECIES AND PLANTING SIZESEDGINGDECORATIVE BOULDERS (ROUNDED & BLOCK STYLE), 18"-30" DIA.DECIDUOUS & CONIFEROUS TREE PLANTINGN T S27.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62INLET PROTECTION ATCATCH BASINS, TYPPERIMETER EROSIONCONTROL ATCONSTRUCTIONLIMITS, TYP.civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONSW1.0SWPPP - EXISTINGCONDITIONS............NCITY OF CRYSTAL EROSION CONTROL NOTES:2. THIS PROJECT IS GREATER THAN ONE ACRE AND WILLREQUIRE AN MPCA NPDES PERMIT. CONTRACTOR ISRESPONSIBLE FOR OBTAINING ANY EROSION CONTROLPERMITS REQUIRED BY THE CITY.3. SEE SHEETS SW1.0 - SW1.5 FOR ALL EROSION CONTROLNOTES, DESCRIPTIONS, AND PRACTICES. 4. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSIONCONTROL NOTES.5. CONTRACTOR IS RESPONSIBLE FOR SWPPPIMPLEMENTATION, INSPECTIONS, AND COMPLIANCE WITHNPDES PERMIT.SWPPP NOTES:Know what'sRLEGEND:ALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, ANDMEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUMREQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURINGTHE COURSE OF CONSTRUCTION.7.2
38'6"30'3"38'6"30'3"OfficeNO. 6308FFE = 903.1Concrete Wall243.62S 89°36'35" E 116.82S 00°06'51" E 116.08S 89°49'22" E 16.40S 00°05'52" E 126.75N 89°58'39" W 133.00N 00°09'27" W 243.62INLET PROTECTION ATCATCH BASINS, TYPINLET PROTECTION ATCATCH BASINS, TYPPERIMETER EROSIONCONTROL ATCONSTRUCTIONLIMITS, TYP.civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONSW1.1SWPPP - PROPOSEDCONDITIONS............NKnow what'sRCITY OF CRYSTAL EROSION CONTROL NOTES:2. THIS PROJECT IS GREATER THAN ONE ACRE AND WILLREQUIRE AN MPCA NPDES PERMIT. CONTRACTOR ISRESPONSIBLE FOR OBTAINING ANY EROSION CONTROLPERMITS REQUIRED BY THE CITY.3. SEE SHEETS SW1.0 - SW1.5 FOR ALL EROSION CONTROLNOTES, DESCRIPTIONS, AND PRACTICES.4. SEE GRADING PLAN FOR ADDITIONAL GRADING AND EROSIONCONTROL NOTES.5. CONTRACTOR IS RESPONSIBLE FOR SWPPP IMPLEMENTATION,INSPECTIONS, AND COMPLIANCE WITH NPDES PERMIT.SWPPP NOTES:LEGEND:ALL SPECIFIED EROSION AND SEDIMENT CONTROL PRACTICES, ANDMEASURES CONTAINED IN THIS SWPPP ARE THE MINIMUMREQUIREMENTS. ADDITIONAL PRACTICES MAY BE REQUIRED DURINGTHE COURSE OF CONSTRUCTION.7.2
civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONSW1.2SWPPP - DETAILS............CURB INLET FILTERN T S1PROFILE6" MIN CRUSHED STONE75' MINIMUMPLANFINISHEDGRADETO CONSTRUCTION AREA35' RN T SSTABILIZED CONSTRUCTION ACCESSEXISTING UNDISTURBED ROADWAY35' R2'D''C''B''E''A'EROSION BLANKETN T S3SEDIMENT BIO-ROLL / COMPOST FILTER LOGN T S4SEDIMENT FENCEN T S57.2
civilsitegroup.comCOPYRIGHT CIVIL SITE GROUP INC.cDOUGLAS DRIVE TOWNHOMES3401-3415 DOUGLAS DRIVE, CRYSTAL, MN 554221824 BUERKLE RD, WHITE BEAR LAKE 55110HAMPTON COMPANIESPROJECTPRELIMINARY:NOT FORCONSTRUCTIONISSUE/SUBMITTAL SUMMARYDATEDESCRIPTION............PROJECT NUMBER: 2303503/29/2023 CITY RESUBMITTAL..........03/14/2023 CITY SUBMITTALDRAWN BY:REVIEWED BY:MD, NH RL, JL..............202348523JORDAN M. LOCKMANLICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED LANDSCAPE ARCHITECT UNDERTHE LAWS OF THE STATE OF MINNESOTA.03/29/23LICENSE NO.DATEI HEREBY CERTIFY THAT THIS PLAN,SPECIFICATION, OR REPORT WASPREPARED BY ME OR UNDER MY DIRECTSUPERVISION AND THAT I AM A DULYLICENSED PROFESSIONAL ENGINEERUNDER THE LAWS OF THE STATE OFMINNESOTA.59612Robert A. Latta03/29/23REVISION SUMMARYDATEDESCRIPTIONSW1.3SWPPP - NARRATIVE............SUPPLEMENTARY SITE SPECIFIC EROSION CONTROL NOTES:HAMPTON COMPANIES1824 BUERKLE RDWHITE BEAR LAKE, MN 55110CONTACT: DAN BROWN651-295-24597.2
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ORDINANCE NO. 2023 - _____
CITY OF CRYSTAL
AN ORDINANCE AMENDING THE ZONING MAP TO REZONE
PROPERTY FOR HAMPTON COMPANIES LOCATED AT 3401 AND 3415 DOUGLAS
DRIVE NORTH FROM MEDIUM DENSITY RESIDENTIAL (R-2)
TO PLANNED DEVELOPMENT (R2-PD)
THE CITY OF CRYSTAL ORDAINS:
Section 1. Legislative Findings. The City Council of the City of Crystal hereby finds and
determines as follows:
(a)Hampton Companies (“Applicant”) has requested to rezone property it
proposes to purchase at 3401 and 3415 Douglas Drive North (“Property”) to
the planned development overlay district as provided in Crystal city code,
subsection 515.13; and
(b)The request would rezone the Property from Medium Density Residential
(R-2) to Planned Development (R2-PD); and
(c)The rezoning request is to allow the Applicant to construct two four-unit
townhome buildings, which involves the subdivision of the Property into eight
platted parcels and one common lot and approval of a site plan; and
(d)The Planning Commission held a public hearing on the rezoning request on
April 10, 2023 and voted to forward the requested rezoning to the City
Council with a recommendation that it be approved with certain conditions;
and
(e)The City Council determines the proposed rezoning of the Property complies
with the approval criteria in Crystal city code, subsection 510.31 and 515.13
and other applicable provisions.
Section 2. Rezoning. Subject to the conditions in Section 3 of this ordinance, the Zoning
Map of Crystal, Minnesota is hereby amended as follows:
The zoning classification of the following legally described property addressed as
3401 and 3415 Douglas Drive North, currently classified as Medium Density
Residential (R-2), shall henceforth be classified as Planned Development (R2-PD),
which is proposed to be replatted as:
Lot 1-4, Block 1, Lots 1-4, Block 2, and Outlot A, Hampton Addition,
Hennepin County, Minnesota.
Attachment F
7.2
Section 3. Conditions. The rezoning approved herein is conditioned on compliance with the
following:
1. Site Plan. The development shall be constructed according to the site plan
in attachment E.
2. Building permit. The following are the requirements for building permit
issuance:
1. Submittal deadline. The applicant shall submit the permit application
for the townhomes by May 2, 2024 or submit a request for City
Council approval of a one-year extension by April 12, 2024.
2. Building permit issuance. Before the permit is issued, the applicant
shall:
1) Receive approval of the erosion and grading plans by the Bassett
Creek Watershed Management Commission.
2) Sign a site improvement agreement with the city and provide an
escrow to guarantee installation of the parking lot, trench drain,
and landscaping plan.
3) Submit an exterior lighting plan that meets UDC requirements.
4) Receive approval by the City Council of the subdivision final plat
and the easement vacation applications and then provide
documentation that the plat and notice of completion for the
easement vacation have been recorded at Hennepin County.
3. Overhead utilities. If utility lines are installed, relocated or extended, the
lines shall be buried underground. New private utilities, such as Xcel
Energy, Center Point Energy, or Comcast shall be buried underground.
4. Special provisions related to Medium Density Residential - Planned
Development (R2-PD) rezoning. The rezoning to R2-PD implements the
following special provisions in place of the standard R-2 zoning
requirements:
a. For each four-unit building, the minimum building setbacks are
reduced as follows:
• South (34th Ave N.): 23 feet
• East (Douglas Drive N.): 13 feet
• North: 10 feet
For each townhome lot, the minimum side setback within each lot is
reduced to 0 feet.
7.2
b. The minimum lot area, depth and width requirements are reduced as
follows:
• Lot area: 1,534 – 1,654 sq. ft.
• Lot depth: 61 feet
• Lot width: 25-27 feet
c. The maximum fence height along Douglas Drive is increased to 5 feet.
Section 4. Zoning Map Amendment. The zoning administrator is authorized and directed to
amend the Zoning Map in accordance with this ordinance and to take any such
other actions as may be required to effectuate this rezoning.
Section 5. Effective Date. This ordinance shall not be codified into the Crystal city code and
is effective in accordance with Crystal city code, subsection 110.11.
_____________________________
Jim Adams, Mayor
ATTEST:
__________________________
Chrissy Serres, City Clerk
First Reading: _____________________________________
Second Reading and Adoption: ________________________
Publication: ________________________
Effective Date: ________________________
7.2
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023-________
RESOLUTION APPROVING HAMPTON ADDITION PRELIMINARY PLAT
WHEREAS, Hampton Companies (“Applicant”) submitted an application for preliminary
approval of a plat, which is attached hereto as Exhibit A, for the property which is legally
described in the attached Exhibit B (“Property”); and
WHEREAS, the proposed name for the plat is “Hampton Addition” and it creates parcels
for eight new townhomes and one common lot for the development; and
WHEREAS, the Planning Commission held a public hearing regarding the preliminary
plat request on April 10, 2023 and voted to forward the application to the City Council with a
recommendation that the proposed plat be approved with certain conditions; and
WHEREAS, the City Planner’s report dated April 13, 2023 regarding this matter, which
is attached hereto as Exhibit C, recommends approval of the request and is incorporated herein
and made part of this preliminary plat approval, except that the conditions set out below are
controlling; and
WHEREAS, the City Council finds that the plat is in conformance with the requirements
of the City’s Unified Development Code, which is contained in Chapter V of the Crystal City
Code.
NOW, THEREFORE, BE IT RESOLVED, that the City Council of the City of Crystal,
based on the recommendation of the Planning Commission, the record of this matter and the
findings and determinations contained herein, hereby grants preliminary approval for the plat of
Hampton Addition, subject to compliance with all of the following conditions of approval:
1.Final Plat. The Applicant is required to prepare a final plat consistent with the
attached preliminary plat and the applicable requirements of the Unified
Development Code and this approval, and to apply for final plat approval.
2.Required Approvals. In order for the proposed plat to receive final approval, the
Applicant must obtain approvals from the City to vacate existing easements on the
Property and to rezone the Property to Planned Development (R2 – PD). If the
Applicant does not obtain these approvals, the final plat will not be approved and
cannot be recorded.
Attachment G
7.2
3. Park dedication fee. Before the final plat is released by the City for recording at
Hennepin County, applicant shall pay the City a park dedication fee in the amount of
$4,550.
4. Improvement Agreement. The Applicant is required to enter into a site improvement
agreement with the City prior undertaking any construction work on the Property.
The improvement agreement shall be in a form acceptable to the City.
5. Compliance. Development of the plat is subject to the applicable requirements of the
Crystal City Code. The Applicant is required to comply with all applicable federal,
state, and local laws, rules, regulations, and ordinances in developing the plat and is
required to obtain such other permits and permissions as may be required.
6. Binding Effect. The conditions placed on this preliminary approval are binding on the
Applicant, its successors and assigns, shall run with the property, and shall not in any
way be affected by the subsequent sale, lease, or other change from current
ownership. The obligations of the applicant under this approval shall also be the
obligations of the current and any subsequent owners of the property.
Adopted by the Crystal City Council this 18th day of April 2023.
____________________________
Jim Adams, Mayor
ATTEST:
________________________________
Chrissy Serres, City Clerk
7.2
EXHIBIT A
Preliminary Plat
(attached hereto)
7.2
EXHIBIT B
Legal Description of the Property
Lots 1 and 6, Block 1, Perlick Addition, Hennepin County, Minnesota.
7.2
EXHIBIT C
Planner’s Report
(attached hereto)
7.2
UDC TEXT AMENDMENT – ELECTRIC FENCES
PAGE 1 OF 6
___________________________________________________________________________
FROM: Dan Olson, City Planner
TO: Adam R. Bell, City Manager (for April 18 meeting)
DATE: April 13, 2023
RE: Consider first reading of ordinance amendment request from Amarok LLC
to amend requirements for electric fences
__________________________________________________________________________
A.BACKGROUND
Staff has received a text amendment request from Amarok LLC, a maker of electric
security fences based in Columbia, South Carolina. Currently electric fences are not
allowed in Crystal, but the applicant is asking to amend the UDC to allow that fence
type. City staff is recommending denial of the text amendment and this was made
known to the applicant prior to the application submittal.
Notice of the April 10 public hearing was published in the Sun Post on March 30 and
posted to all Crystal neighborhoods on Nextdoor.
On April 10 the Planning Commission held the public hearing and unanimously
recommended denial of the text amendment. No one from the public provided
comments.
Attachments:
A.Text amendment request and rationale from applicant
B.Product brochure from applicant
C.Current zoning map showing Commercial, Industrial and Airport districts
D.Resolution deny the ordinance amendment
COUNCIL STAFF REPORT
UDC Text Amendment
7.3
UDC TEXT AMENDMENT – ELECTRIC FENCES
PAGE 2 OF 6
B. PROPOSED AMENDMENT
Ten-foot tall electric fences. The city received a request from Amarok to allow ten-foot
tall electric fences for all properties in the Commercial, Industrial and Airport zoning
districts (attachment A). Currently electric fences are not allowed in Crystal. The
following is a summary of the applicant’s request:
• Zoning districts. There is a lack of clarity in the applicant’s proposed text about
where 10’ tall electric fences would be allowed:
➢ The applicant is requesting that electric fences be allowed on all
properties that are zoned Commercial, Industrial and Airport. The city’s
zoning map is attachment C to show the large numbers of properties that
are included in those districts.
➢ The text submitted by the applicant also states that electric fences shall
be allowed on “any property not zoned exclusively (emphasis mine) for
residential use”. Since all three of the city’s residential districts allow non-
residential uses, this text could be interpreted two ways:
▪ Since the city’s residential districts allow non-residential uses,
electric fences would be allowed on all residentially-zoned
properties; or
▪ Electric fences are allowed in residential districts, but only for non -
residential uses such as schools, religious institutions, and
commercial uses.
With either interpretation, electric fences would be allowed for properties
beyond the Commercial, Industrial and Airport districts.
• Fence height. The text amendment would require a minimum electric fence
height of at least 10 feet, but the fence could be taller if the perimeter fence is
taller than 8 feet. Currently the maximum non-electric fence height in non-
residential districts is 8.5 feet.
• Additional fence required. The proposed amendment would require an additional
perimeter fence in front of the electric fence with a minimum height of 5 feet.
• Unenforceable electrical code requirements. The applicant references
requirements from the Electrotechnical Commission Standards (IEC) that would
apply to electric fences in Crystal. Staff has inquired of both the city’s contracted
electrical inspector and the Minnesota Department of Labor and Industry, who
have both confirmed that this electrical code has not been adopted by the State
of Minnesota and is not enforceable in Crystal.
7.3
UDC TEXT AMENDMENT – ELECTRIC FENCES
PAGE 3 OF 6
STAFF RECOMMENDATION
Staff recommends denial of the proposed fence amendment, with the following findings:
1. Electric fences would be allowed in large areas of the city. The applicant has
requested that electric fences be allowed in the city’s three commercial
districts which contains hundreds of properties. As noted previously, the text
amendment would also be interpreted to allow electric fences for at least
some uses in residential districts. By way of example, staff offers three
examples of where electric fences could be installed that would impact single-
family residential (arrows indicate locations for potential electric fences).
a. Cub Foods, 5301 – 36th Ave N. The property is zoned Commercial, with
single-family homes located along the southern boundary of the property
where a future electric fence could be located.
7.3
UDC TEXT AMENDMENT – ELECTRIC FENCES
PAGE 4 OF 6
b. Office warehouse, 5500 Lakeland Ave N. The property is zoned
Industrial, with single-family homes located along the eastern boundary of
the property and multi-family apartments on the northern boundary.
Electric fences could be located along both boundaries.
c. Liquor store, 5120 – 56th Avenue N. The property is zoned Commercial,
with single-family homes located on both sides of the property where
future electric fences could be located.
7.3
UDC TEXT AMENDMENT – ELECTRIC FENCES
PAGE 5 OF 6
2. Unenforceable electric code requirements. As noted above, the electrical
code cited by Amarok has not been adopted by the State of Minnesota and is not
enforceable in Crystal.
3. Commercial area aesthetics. Past surveys of Crystal residents have
consistently demonstrated a desire for commercial and industrial areas that are
more aesthetically pleasing. Allowing for the possibility of electric fences is
inconsistent with achieving that goal.
4. Storage in building. Property owners wanting to protect valuable assets have
the option of storing those assets within a building rather than storing them
outdoors with an electric fence.
5. Lawful non-conforming uses. Once 10-foot tall electric fences are installed in
Crystal, it is virtually impossible to have those fences removed even if the
ordinance is later changed to prohibit them. They would become permanent
fixtures of the community.
6. Prohibited by other cities. The city is not alone in prohibiting electric fences, as
seen in the table on the next page.
7.3
UDC TEXT AMENDMENT – ELECTRIC FENCES
PAGE 6 OF 6
City Electric fences allowed If allowed, process to follow
Golden Valley No
New Hope No
Robbinsdale No
St. Louis Park No
Plymouth Yes Property owner must receive
approval of an interim use permit
which allows the fence to be
installed for a set period of time
Roseville No
Brooklyn
Center
No
Brooklyn Park No
Richfield No
Maple Grove Yes Fences are allowed as part of a
farmstead. For non-farmstead
properties, property owner must
receive approval of a conditional
use permit (CUP)
C. REQUESTED ACTION
At the April 10 Planning Commission meeting, the Commission held the public hearing
and then recommended denial of the UDC text amendment for electric fences by a vote
of 6 to 0 (three members were absent). No one from the public submitted comments on
the amendment.
Since the Planning Commission has recommended denial of the ordinance
amendment, City Council adoption of the denial resolution in attachment D is
requested.
7.3
1. Zoning Map or Text Amendment Narrative
Submit a separate narrative document which answers or addresses the following questions
about the proposed zoning map or text amendment.
For a zoning text amendment:
a) Provide the specific section of city code that you would like amended.
520.09 Fences and Retaining Walls
520.09 Subd 1. (3) (iv) ADD
520.09 Subd 1. (3) (c) (1) – changes to wording with addition of (A)
b) Provide the specific language to be added or amended.
Proposed language in red below for 520.09 Subd 1. (3) (iv) Wording in red
Proposed language in red below in 520.09 Subd 1. (3) (c) (1) Wording in red
520.09 Subd 1. (3)
(3) Fences in non-residential districts. Fences in non-residential districts, including the TCPD
district, shall comply with the following:
(i) For interior lots, fences shall not be taller than 4.5 feet in the front yard and 8.5 feet in the
side or rear yard; and
(ii) For corner lots, fence height is determined in the same manner as for corner residential lots
(see Figures 17 and 18), except that the maximum height shall be 8.5 feet where a 6.5 feet
fence is allowed.
(iii) Fence height in front or corner side yards may exceed 4.5 feet in height up to a maximum of
8.5 feet if the
fence is used as screening as allowed in the Crystal city code, subsection 520.13. HOWEVER
(iv) Fence height on any lot in C, I, AP district where a battery charged electric fence is installed
as per section 520.09 Subd 1 (3)(c)(1)(A), the perimeter fence height will be minimum 5’ on
front, side and rear yards. The battery charged fence (installed inside (behind) Perimeter Fence
will be installed to a height of 10’ (ten) or 2’ (two) feet taller than existing perimeter fence.
Attachment A 7.3
(3) Fences in non-residential districts.
(c) Design and maintenance requirements.
(1) Barbed wire, razor wire, concertina, dannert, and above-ground electrical fences are
prohibited except that battery charged electric security fences will be permitted in C, I, and AP
districts when installed in accordance with the regulations as listed below. In the TC-PD
district electrical fences and chain-link fences are prohibited.
A. The construction and use of electric fences shall be allowed in the city only as provided in
this section, subject to the following standards:
1. IEC Standard 60335-2-76: Unless otherwise specified herein, electric fences shall be
constructed or installed in conformance with the specifications set forth in International
Electrotechnical Commission (IEC) Standard No. 60335-2-76.
2. Electrification:
(a) The energizer for electric fences must be driven by a commercial storage battery not to
exceed 12 volts DC. The storage battery is charged primarily by a solar panel. However, the
solar panel may be augmented by a commercial trickle charger.
(b) The electric charge produced by the fence upon contact shall not exceed energizer
characteristics set forth in paragraph 22.108 and depicted in Figure 102 of IEC Standard No.
60335-2-76.
3. Perimeter fence or wall:
(a) No electric fence shall be installed or used unless it is completely behind/inside a non-
electrical fence or wall that is not less than five feet.
4. Location: Electric fences shall be permitted on any property not zoned exclusively for
residential use.
5. Height: Electric fences shall have a height of 10 feet (or 2 feet higher than the perimeter
fence whichever is higher).
6. Warning signs: Electric fences shall be clearly identified with warning signs that read:
"Warning-Electric Fence" at intervals of not greater than thirty feet.
7. Electric fences shall be governed and regulated under burglar alarm regulations and
permitted as such.
B. It shall be unlawful for any person to install, maintain or operate an electric fence in
violation of this section.
c) Discuss how the amended text more adequately fulfills the purposes of the unified
development code (City code section 500.03)
The city code when amended as above allows for business owners to install a security system
on the interior (behind) and existing perimeter fence to protect their properties and business.
The ability to secure a business property and assets is a valuable tool when working to attract
business to the city as well as employment for residents. There is no change to the existing use
and no new use is being proposed. Therefore, there will be no impact on streets, highways, and
pavement type.
The security fence will in no way adversely affect the surrounding area. Rather, to the contrary,
the security fence enhances the vicinity by effectively deterring crime. Lower crime equals
higher property values and safer residents, which in turn increase revenue to the city. Appellant
7.3
affirms there will be no effect, whatsoever, on the use of adjacent properties. The system is
virtually invisible to passing vehicular traffic so there is no impact on aesthetics in the area.
The city maintains control over the districts where the battery charged 10’ system is installed
with the battery charged fences being allowed in districts, C, I, AP but not in any residential or
TC-PD. The City of Crystal will have a record of the location of the system in the city. The city
of Crystal will have an alarm permit/registration on file and or a fence permit submitted and
approved to install the system. This also allows the City of Crystal to earn revenue through
allowing permitting that would have otherwise been denied, and allowing local business owners
to keep their businesses safe and remain based in the city of Crystal employing local residents,
and paying local property and business taxes.
This amendment allows for business safety, city revenue and the city maintaining control over
where and how the system is installed in the City of Crystal. We cannot imagine that the city
would turn down this request to allow the system as outlined in the text amendment in the
districts listed.
7.3
1. DETER
Deterrence begins at the perimeter
with physical infrastructure and multi-
lingual warning signs,discouraging a
criminal from attempting a breach at
all.
Deterrence is a psychological battle,
and when EGD wins,crime is stopped
before it happens.
Stop unauthorized entry!
Physical Deterrent
Built ONLY inside the existing non-
electrified perimeter barrier
2. DEFEND
3. DETECT
4. DEPLOY
Audible &monitored alarm system
which activates when trespass is
detected.System includes remote
access to arm/disarm.
If an activated alarm is confirmed to
be a trespasser,responders are then
contacted and deployed to examine
ABOUT US
We are a perimeter security
solution for businesses located
on commercial, manufacturing,
and industrial sites whose needs
include the protection of
outdoor assets.
5,900+ Installations
1,500+ Jurisdictions
•Trucking & Logistics
•Distribution
•Metal Recycling
•Landscaping
•Collision & Automotive Repair
•Auto Auctions & Dismantlers
•Equipment Rental
•Truck Sales & Service
There are 4 STRATEGIC SEGMENTS in
our response to common critical tactics
TYPICAL CUSTOMERS
If someone touches
our system, they are
trespassing
MEDICALLY SAFE
Pulses: every 1.3 seconds
Duration: less than 0.0003 seconds
“The pulses emitted from
AMAROK’s electric fences,
while unpleasant, are not
dangerous.”
Mark Kroll, PhD
Internationally recognized authority on
electrical injury
Served on committees for ANSI
standards, IEC standards, and ASTM
standards
Adjunct Professor of Biomedical
Engineering at the U of Minnesota and
Cal Poly, San Luis Obispo
Attachment B
7.3
Energizer
Battery
(does not exceed
12V DC)
Solar Panel
Alarm Panel,
Keypad &
Cell Unit
Electric Security
System
HOW IT WORKS: CORE COMPONENTS
The system is powered by
12-volt battery that is
recharged by a solar panel,
which is effective as well as
environmentally friendly
GREEN SECURITY
FAQ: WHY MUST OUR
FENCE BE TALLER?
We meet standards set by the
International Electrotechnical
Commission (IEC 60335-2-76) and
ASTM (F3296-19)
INTERNATIONALLY APPROVED
“Nationally Recognized Testing Laboratories (NRTL) are
third-party organizations recognized by OSHA
(Occupational Safety and Health Administration) as having
the capability to provide product safety testing and
certification services...”
NRTL certified means “...the product met the requirements
of an appropriate consensus-based product safety
standard either by successfully testing the product itself, or
by verifying that a contract laboratory has done so...”
AMAROK owns and maintains
the security system
We are certified compliant by
a USA Nationally Recognized
Testing Laboratory
•Great addition to green strategy
•Not affected by power failures
•Not connected to mains power
7.3
7.3
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LOUISIANA AVE
MARYLAND AVE ADAIRLAKELAND56TH AVEYATES AVE NWILSHIRE BLVD.NEVADA AVE NEVADA AVE 45TH AVELOUISIANA AVEMARYLAND AVEADAIR AVE NADAIR CT NTOLEDO AVE
OREGON CT (CO RD 8)BASS LAKE RD (CO RD 10)(CO RD 156)41ST AVEBeaconAcademyBeth-El &Adath ChesedShel EmesCemeteriesGlen HavenCemeteryCrystal MIC Airport527352655612561859266 511
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CR225-30-868501.v1
CITY OF CRYSTAL
MINNESOTA
RESOLUTION NO. 2023-__
RESOLUTION DENYING REQUEST TO AMEND THE
CRYSTAL CITY CODE TO ALLOW ELECTRIC FENCES
WHEREAS, Amarok LLC (“Applicant”) submitted an application to the City of Crystal
(“City”) requesting a text amendment to Crystal city code, subsection 520.09 in the Uniform
Development Code to allow battery charged electric fences with a minimum height of 10 feet in non-
residential districts; and
WHEREAS, electric fences are not allowed under the Uniform Development Code and so
erecting an electric fence in the City is prohibited unless the Uniform Development Code is amended
to expressly allow electric fences; and
WHEREAS, the City Planner prepared a report dated April 4, 2023 (“Planner’s Report”)
regarding the Applicant’s request and recommended denial of the proposed text amendment; and
WHEREAS, the Planning Commission, after due notice having been provided, conducted a
public hearing on April 10, 2023 on the proposed amendment language offered by the Applicant and
voted unanimously to recommend the City Council deny the requested amendment; and
WHEREAS, the City Council hereby finds and determines as follows:
a.A request to amend the text of the Crystal city code requires the City Council to make a
legislative decision that reflects its determination of what is in the best interests of the City
and its residents;
b.The Planner’s Report is hereby incorporated into this Resolution by reference and the City
Council agrees with the concerns it sets out regarding allowing electric fences in the City; and
c.The City Council determines, consistent with the Planning Commission’s recommendation,
that the proposed text amendment to allow electric fences is not in the best interests of the
City.
NOW, THEREFORE, BE IT RESOLVED, by the City Council of the City of Crystal that the
Applicant’s request to amend subsection 520.09 of the Crystal city code to allow electric fences is
hereby denied.
Attachment D
7.3
CR225-30-868501.v1
Adopted this 18th day of April 2023.
______________________________
Jim Adams
Mayor
ATTEST:
_______________________________
Chrissy Serres
City Clerk
7.3
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: April 13, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Concrete and Bituminous Work in Broadway Park
Crystal’s Park and Recreation System Master Plan (2017) recommended enhancements in
Broadway Park to improve accessibility and pedestrian circulation in the park. A public
engagement process took place in 2022 that included information being presented in the park,
sharing plans online for community input and monthly review by the park and recreation
commission. Plans were also shared at a public open house in October.
The 2023 capital plan (park improvement fund) has $185,000 budgeted for a play area in
Broadway Park and the city also received a community development block grant (CDBG) of
$160,000 for a play area in Broadway Park. In addition, there is another $20,000 allocated for
picnic shelter footings and concrete patio in Broadway Park; for a total of $365,000. Because
of the CDBG funding, prevailing wages are a requirement for all projects in this park.
A play area in the amount of $185,444 has already been purchased, which leaves a project
savings of $179,556. This savings is proposed to be used for the concrete and bituminous part
of the project. Four quotes were solicited and two quotes were received to complete concrete
and bituminous work in this park. An alternate was included in the quote, which staff
recommends not accepting. The quotes received, without alternate, are as follows:
Park Odesa II, LTD Custom Builders, Inc.
Broadway Park
(prevailing wage requirement)
$ 114,085 $ 153,784
Total $ 114,085 $ 153,784
Staff recommends approval of the attached resolution, entering into an agreement with Odesa II,
in the amount of $114,085 at Broadway Park; for concrete and bituminous work.
7.4
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF CONCRETE AND BITUMINOUS WORK
IN BROADWAY PARK
WHEREAS, the City of Crystal owns and operates Broadway Park, and
WHEREAS, the 2017 Park and Recreation System Master Plan recommends enhancements in Broadway
Park to improve accessibility and pedestrian circulation, and
WHEREAS, a public engagement process took place as the plans were developed, which included
information being provided in the park, sharing plans online for community input and review by the park
and recreation commission, and
WHEREAS, the 2023 capital budget (parks fund) and a CDBG grant for the park provide sufficient funds
to install picnic shelter footings, concrete flat work, bituminous trails, play area curb and related items in
Broadway Park, and
WHEREAS, four quotes were solicited and two quotes were received for concrete and bituminous work
in the park, and
WHEREAS, the lowest quote was received from Odesa II, LLC, in the amount of $114,085, now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into agreements with Odesa II, LLC, in the amount
of $114,085 for concrete and bituminous work in Broadway Park.
B. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with Odesa II, LLC, for this project.
Adopted by the Crystal City Council this 18th day of April, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
7.4
Broadway Park Concrete and Bituminous Pavement - Odesa II
CONCRETE AND BITUMINOUS INSTALLATION AGREEMENT
BROADWAY PARK
TH IS BROADWAY PARK CONCRETE AND BITUMINOUS INSTALLATION AGREEMENT
(“Agreement”) is made and entered into this 18th day of April, 2023, by and between the City of
Crystal, a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota
55422 (“City”), and Odesa II, LLC, a Minnesota company, located at 9003 Mayhew Lake Road NE,
Sauk Rapids, MN 55379 (“Contractor”). The City and the Contractor may hereinafter be referred
to individually as a “party” or collectively as the “parties.”
RECITALS
A.The City desires to have shelter footings, concrete flat work, bituminous pavement, play area
curb and related items installed in Broadway Park, a City Park located at 5911 W. Broadway
Ave, Crystal, MN 55428 (“Park”).
B.The Contractor provided the City a written quote to install concrete and bituminous in the
park with specifications established by the City (“Project”).
C.The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to be
legally bound, the City and the Contractor hereby agree as follows:
1.Scope of Work.
a.The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b.The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict
conformity in every respect with the said Specifications and shall be subject to the
inspection and approval by the proper authorities of the City for the supervision of
the work, and in case any of said material or labor shall be rejected by the City
as defective or unsuitable, then the materials shall be removed and replaced with
other approved materials and the labor shall be done anew to the satisfaction and
approval of the City at the cost and expense of the Contractor.
7.4
Broadway Park Concrete and Bituminous Pavement - Odesa II
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2.Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before July 28, 2023. In case of the failure on the part of the Contractor, for any reason
except with the written consent of the the City, to complete the Project on or before
said date, the City shall have the right to deduct from any money due or which may
become due to the Contractor, the amount of two hundred dollars ($200.00) per day
for each and every day elapsing between the time stipulated for the completion and
the actual date of completion, in accordance with the terms thereof; or if no moneys
shall be due the Contractor, the City shall have the right to recover such sum; such
deduction to be made or such sum to be recovered not as a penalty, but as liquidated
damages. The Contractor agrees that it will be difficult for the City to determine the
amount of all damages that the City would incur as a result of delay and that the
liquidated damages set forth in this paragraph are reasonable.
b.The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
7.4
Broadway Park Concrete and Bituminous Pavement - Odesa II
3. Compensation.
a.This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b.No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4.Wage Standards. The Contractor further agrees to pay all laborers employed, and all
subcontractors furnishing material to the Contractor in and about the performance of this
Agreement, and for all labor and material by them so performed and furnished. The parties
agree that the Davis-Bacon Wage Determination MN20230031, Modification #0, dated
01/06/2023 of the heavy type, as provided by Hennepin County and attached hereto as
Exhibit B, along with the Federal Labor Standards Provisions HUD-4010, attached hereto as
Exhibit C, shall be considered part of this Agreement, unless a new wage determination is in
effect at the time this Agreement is fully executed by all parties, in which case this
Agreement will be subject to the new wage determination which will be attached as Exhibit
B supplanting Wage Determination MN20230031, Modification #0, dated 01/06/2023.
5.Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
7.4
Broadway Park Concrete and Bituminous Pavement - Odesa II
6.Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
7.Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
8.Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
7.4
Broadway Park Concrete and Bituminous Pavement - Odesa II
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
9.Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
10.Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
11.Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
12.Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
13.No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
14.Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
15.No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
16.Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
17.Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
7.4
Broadway Park Concrete and Bituminous Pavement - Odesa II
18.Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
19.Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
20.Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
21. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
22.Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
23.Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year
written above.
CITY: CONTRACTOR:
By: By: ___________________________
Jim Adams
Its: Mayor Its:
By:
Adam R. Bell
Its: City Manager
7.4
Exhibit A
Contractor's Quote
7.4
7.4
$114,085
(Not Accepted)
Base Bid Only - No Alternate Accepted
7.4
7.4
4141 Douglas Drive North • Crystal, Minnesota 55422-1696
Tel: (763) 531-1000 • Fax: (763) 531-1188 • www.crystalmn.gov
Memorandum
DATE: April 13, 2023
TO: Mayor and City Council
Adam R. Bell, City Manager
FROM: John Elholm, Recreation Director
Brad Fortin, Parks and Facilities Superintendent
SUBJECT: Concrete and Bituminous Work in Crystal Highlands and Welcome Parks
Crystal’s Park and Recreation System Master Plan (2017) recommended enhancements in
Crystal Highlands and W elcome Parks to improve accessibility and pedestrian circulation. A
public engagement process took place in 2022 that included information being presented in the
parks, sharing plans online for community input and monthly review by the park and recreation
commission. Plans for both parks were also shared at a public open house in October.
The 2023 capital plan (park improvement fund) has $120,000 remaining for sidewalk and trails
construction in all parks, with another $20,000 allocated for picnic shelter footings and concrete
patio in Crystal Highlands Park; for a total of $140,000 available. Four quotes were solicited
and two quotes were received to complete concrete and bituminous work in these parks. The
quotes received are as follows:
Park Odesa II, LTD Custom Builders, Inc.
Crystal Highlands Park
(early summer)
$ 51,475 $ 78,420
Welcome Park
(late summer)
$ 87,250 $ 103,495
Total $ 138,725 $ 181,915
Staff recommends approval of the attached resolution, entering into agreements with Odesa II, in
the amount of $51,475 at Crystal Highlands Park and $87,250 at Welcome Park; for concrete and
bituminous work.
7.5
CITY OF CRYSTAL
RESOLUTION 2023 -
RESOLUTION IN SUPPORT OF CONCRETE AND BITUMINOUS WORK
IN CRYSTAL HIGHLANDS AND WELCOME PARKS
WHEREAS, the City of Crystal owns and operates Crystal Highlands and Welcome Parks, and
WHEREAS, the 2017 Park and Recreation System Master Plan recommends enhancements in Crystal
Highlands and Welcome Parks to improve accessibility and pedestrian circulation, and
WHEREAS, a public engagement process took place as the plans were developed, which included
information being provided in the parks, sharing plans online for community input and review by the park
and recreation commission, and
WHEREAS, the 2023 capital budget (parks fund) includes funds to install picnic shelter footings,
concrete flat work, bituminous trails and related items in Crystal Highlands Park and
concrete flat work, play area curb and related items in Welcome Park, and
WHEREAS, four quotes were solicited and two quotes were received for concrete and bituminous work
in each of the parks, and
WHEREAS, the lowest quote for Crystal Highlands Park was received from Odesa II, LLC, in the
amount of $51,475, and
WHEREAS, the lowest quote for Welcome Park was received from Odesa II, LLC, in the amount of
$87,250, now
THEREFORE, BE IT RESOLVED:
A. That the Crystal City Council wishes to enter into agreements with Odesa II, LLC, in the amount
of $51,475 for concrete, bituminous and related items in Crystal Highlands Park.
B. That the Crystal City Council wishes to enter into agreements with Odesa II, LLC, in the amount
of $87,250 for concrete and related items in Welcome Park.
C. That the Crystal City Council hereby authorizes the mayor and city manager to sign agreements
with Odesa II, LLC, for these projects.
Adopted by the Crystal City Council this 18th day of April, 2023.
________________________
Jim Adams, Mayor
ATTEST:
___________________________
Christina Serres, City Clerk
7.5
Crystal Highlands Park Concrete and Bituminous Pavement - Odesa II
CONCRETE AND BITUMINOUS INSTALLATION AGREEMENT
CRYSTAL HIGHLANDS PARK
THIS CRYSTAL HIGHLANDS PARK CONCRETE AND BITUMINOUS INSTALLATION
AGREEMENT (“Agreement”) is made and entered into this 18th day of April, 2023, by and between
the City of Crystal, a Minnesota municipal corporation, located at 4141 Douglas Drive North, Crystal,
Minnesota 55422 (“City”), and Odesa II, LLC, a Minnesota company, located at 9003 Mayhew Lake
Road NE, Sauk Rapids, MN 55379 (“Contractor”). The City and the Contractor may hereinafter be
referred to individually as a “party” or collectively as the “parties.”
RECITALS
A. The City desires to have shelter footings, concrete flat work, bituminous pavement and related
items installed in Crystal Highlands Park, a City Park located at 3711 Jersey Circle N., Crystal,
MN 55427 (“Park”).
B. The Contractor provided the City a written quote to install concrete and bituminous in the
park with specifications established by the City (“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to be
legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b. The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict conformity
in every respect with the said Specifications and shall be subject to the inspection and
approval by the proper authorities of the City for the supervision of the work, and in
case any of said material or labor shall be rejected by the City as defective or
unsuitable, then the materials shall be removed and replaced with other approved
materials and the labor shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Contractor.
7.5
Crystal Highlands Park Concrete and Bituminous Pavement - Odesa II
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before July 28, 2023. In case of the failure on the part of the Contractor, for any reason
except with the written consent of the the City, to complete the Project on or before
said date, the City shall have the right to deduct from any money due or which may
become due to the Contractor, the amount of two hundred dollars ($200.00) per day
for each and every day elapsing between the time stipulated for the completion and
the actual date of completion, in accordance with the terms thereof; or if no moneys
shall be due the Contractor, the City shall have the right to recover such sum; such
deduction to be made or such sum to be recovered not as a penalty, but as liquidated
damages. The Contractor agrees that it will be difficult for the City to determine the
amount of all damages that the City would incur as a result of delay and that the
liquidated damages set forth in this paragraph are reasonable.
b. The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
7.5
Crystal Highlands Park Concrete and Bituminous Pavement - Odesa II
3. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any s ubcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
5. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
7.5
Crystal Highlands Park Concrete and Bituminous Pavement - Odesa II
6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
7. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
7.5
Crystal Highlands Park Concrete and Bituminous Pavement - Odesa II
9. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
10. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
11. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
12. No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
13. Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
19. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
7.5
Crystal Highlands Park Concrete and Bituminous Pavement - Odesa II
20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year
written above.
CITY: CONTRACTOR:
By: By: ___________________________
Jim Adams
Its: Mayor Its:
By:
Adam R. Bell
Its: City Manager
7.5
Exhibit A
Contractor's Quote
7.5
7.5
Bidder:
Address:
City, State, Zip:
BID PROPOSAL FORM
CRYSTAL HIGHLAND PARK IMPROVEMENT PROJECT
WSB PROJECT NO. 021827-000
Units Legend: LS= Lump Sum, SQ FT= Square Feet, SQ YD= Square Yard, LIN FT= Lineal Feet
No. Item
BASE BID SCHEDULE
1 Construction Staking
2 Demolition and Removal -complete, including curb and gutter. All other removals
by City unless otherwise noted
On-Site Earthwork -complete, including: 1) stripping and stockpiling of topsoil for;
2) common excavation and placement of subsoil materials to subgrade elevations in
all work areas; 3) subsoil compaction beneath paving and curbing, etc.; 4) grade
3 maintenance as necessary for duration of construction period; 5) includes import of
earthen material as necessary to achieve plan grades, stockpile excess materials for
City to remove from site; and (6) City to fine grade pavement edges and conduct
seeding after paving is completed
4 Furninsh and place 3" thick Asphalt Trail with aggregate base as indicated on plans
and details -complete. Road patch is incidental to trail.
5 Furnish and place 4" thick Concrete Walk with aggregate base as indicated on plans
and details -complete.
6 Furnish and place 6" thick Concrete Walk with aggregate base as indicated on plans
and details -complete.
7 Furnish and place Truncated Domes Panels on 6" thick Concrete Walk with
aggregate base as indicated on plans and details -complete.
Furnish and install Shelter Footing, including: 1) excavation; 2) steel reinforcement;
8 3)concrete; and 6) concrete finishing as indicated on plans, details and
specification -complete
9 Furnish, install, and maintain Erosion Control Fencing as indicated on plans,
includes removal and restoration at project completion -complete
10 Furnish, install, and maintain Storm Sewer Inlet Protection as indicated on plans,
includes removal and restoration at project completion -complete
WORK TO BE COMPLETED BY CITY includes: removals (unless otherwise noted) furnishing
and installation of all site amenities, fie grading and seeding.
Units
LS
LS
LS
SQYD
SQFT
SQFT
SQFT
EACH
LIN FT
EACH
Telephone No.:
Fax No.:
Quantity Unit Price Total Price
1 �ooo s 00 ()
1 3 [)?)30()
1
:J...5DD :)So o
485 Ss ,J.�fo !.'-I
910 ID '1 /t) /)
90 ).o l8oD
32 5"0 /'=,OQ -
4 I .:i tJo L/<({�()
350 40D 11/oo
2 l::>-O soo
BASE BID TOTAL $ Sll/75 -
$51,475
7.5
7.5
Welcome Park Concrete - Odesa II
CONCRETE INSTALLATION AGREEMENT
WELCOME PARK
THIS WELCOME PARK CONCRETE INSTALLATION AGREEMENT (“Agreement”) is made
and entered into this 18th day of April, 2023, by and between the City of Crystal, a Minnesota
municipal corporation, located at 4141 Douglas Drive North, Crystal, Minnesota 55422 (“City”), and
Odesa II, LLC, a Minnesota company, located at 9003 Mayhew Lake Road NE, Sauk Rapids, MN
55379 (“Contractor”). The City and the Contractor may hereinafter be referred to individually as a
“party” or collectively as the “parties.”
RECITALS
A. The City desires to have concrete flat work, play area curbs and related items installed in
Welcome Park, a City Park located at 5598 46th Ave N, Crystal, MN 55422 (“Park”).
B. The Contractor provided the City a written quote to install concrete in the park with
specifications established by the City (“Project”).
C. The Contractor desires to undertake and complete the Project for the City in accordance with
the terms and conditions of this Agreement.
AGREEMENT
In consideration of the mutual promises and agreements contained herein, and intending to be
legally bound, the City and the Contractor hereby agree as follows:
1. Scope of Work.
a. The Contractor, for and in consideration of the payment or payments herein specified
and to be made by the City, covenants and agrees to furnish all materials, all necessary
tools, and equipment, and to do and perform all the work and labor necessary to
complete the Project, all in strict conformity with the Contractor’s quote and scope of
work contained in the attached Exhibit A (all work, materials and equipment set forth
in this paragraph and contained in Exhibit A are hereinafter collectively referred to as
the “Specifications”). Said Specifications are hereby fully incorporated as part of this
Agreement.
b. The Contractor agrees that all work and labor shall be done in the best and most
diligent manner and that all materials and labor shall be in entire and strict conformity
in every respect with the said Specifications and shall be subject to the inspection and
approval by the proper authorities of the City for the supervision of the work, and in
case any of said material or labor shall be rejected by the City as defective or
unsuitable, then the materials shall be removed and replaced with other approved
materials and the labor shall be done anew to the satisfaction and approval of the City
at the cost and expense of the Contractor.
7.5
Welcome Park Concrete - Odesa II
c. The Contractor agrees to make good, replace, and renew at the Contractor’s own cost
and expense any loss or damage to the work and Project occurring during the
installation or prior to the final acceptance thereof by the City, by reason of fire,
tornado, theft, or any cause whatsoever, and to be wholly responsible for the
installation, completion and delivery of the Project in its entirety for the final
acceptance by the City; and any payment or payments made to the Contractor
hereunder, shall not be construed as operating to relieve the Contractor from
responsibility for the construction and delivery of the Project as provided and agreed
through this Agreement.
2. Schedule; Liquidated Damages.
a. The Contractor agrees to commence the work on the Project at the earliest practicable
date and to prosecute the same diligently and without delay and to have the work
entirely completed in every respect to the satisfaction and approval of the City on or
before September 29, 2023. In case of the failure on the part of the Contractor, for
any reason except with the written consent of the the City, to complete the Project on
or before said date, the City shall have the right to deduct from any money due or
which may become due to the Contractor, the amount of two hundred dollars
($200.00) per day for each and every day elapsing between the time stipulated for the
completion and the actual date of completion, in accordance with the terms thereof;
or if no moneys shall be due the Contractor, the City shall have the right to recover
such sum; such deduction to be made or such sum to be recovered not as a penalty,
but as liquidated damages. The Contractor agrees that it will be difficult for the City
to determine the amount of all damages that the City would incur as a result of delay
and that the liquidated damages set forth in this paragraph are reasonable.
b. The Contractor agrees to notify the City in writing of any and all causes of delay of
work, or any part thereof, within 24 hours after such cause of delay shall arise, and in
case of the failure of the Contractor to perform this Agreement and complete the work
at the time hereinafter specified, the City may immediately, or at any time thereafter,
proceed to complete the work at the cost and expense of the Contractor. Upon receipt
of written notice from the Contractor of the existence of causes over which the
Contractor has no control and which must delay the completion of the work, including
without limitation, fire, flood, epidemic, strikes, wars, acts of God, acts of public
authorities, or delays or defaults caused by public carriers, the City shall reasonably
extend the date previously specified for the completion of the work and in such case
the Contractor shall only become liable for such liquidated damages for failure to
perform during any delay after the time is so extended.
7.5
Welcome Park Concrete - Odesa II
3. Compensation.
a. This is a lump sum agreement. The City agrees to pay the Contractor the lump sum
identified in the Contractor’s quote, which is attached hereto as Exhibit A. If the
Contractor properly performs the work, the City shall, from month to month before
completion of the work and pursuant to invoices from the Contractor, pay the
Contractor up to 95 percent of the amount already earned under the Agreement. When
the work is 95 percent or more completed, upon the sole determination of City staff,
such portions of the retained price shall be released only as the City determines it need
not be retained to protect the interest of the City in the satisfactory completion of the
Agreement. The balance shall be retained by the City until the final performance and
completion of this Agreement by the Contractor to the satisfaction, approval, and
acceptance of the City including provision by the Contractor of Minn. Dept. of
Revenue Form IC-134 or other authorized proof of the Contractor’s compliance with
applicable state laws.
b. No claim for extra work done or materials furnished by the Contractor will be made
by the Contractor or allowed by the City, nor shall the Contractor do any work or
furnish any materials not covered by the Specifications, unless such work or materials
is ordered in writing by the City. Any such work or materials which may be done or
furnished by the Contractor without such written order first being given, shall be at
the Contractor's own risk and expense.
4. Non-Discrimination. The Contractor agrees that in the hiring of common or skilled labor for
the performance of any work under this Agreement or any subcontract hereunder, no
contractor, material supplier, or vendor, shall, by reason of race, color, sex, creed, national
origin, disability, age, sexual orientation, status with regard to public assistance, or religion,
discriminate against any person or persons who are qualified and available to perform the
work to which such employment relates; that neither the Contractor nor any subcontractor,
material supplier, or vendor, shall in any manner discriminate against, or intimidate, or prevent
the employment of any such person or persons from the performance of work under this
Agreement or any subcontract hereunder on account of race, color, sex, creed, national origin,
disability, age, sexual orientation, status with regard to public assistance, or religion.
5. Insurance. The Contractor shall maintain commercial general liability coverage for all work
covered under the Agreement in at least the amounts of $1,500,000.00 per occurrence for
combined bodily injury and property damage, and $2,000,000 in the general aggregate, and
commercial automobile liability insurance in at least the amount of $1,000,000 per occurrence
for combined bodily injury and property damage covering owned, non-owned, and hired
automobiles. The Contractor shall provide the City with a current certificate of insurance
listing the City as an additional insured with respect to the aforementioned policies. To meet
the requirements herein, the Contractor may use a combination of excess and umbrella
coverage. The Contractor also agrees to keep in force during the entire term of this Agreement
statutory workers’ compensation insurance.
7.5
Welcome Park Concrete - Odesa II
6. Indemnification. The Contractor hereby agrees to protect, defend and hold the City and its
officers, elected and appointed officials, employees, administrators, commissioners, agents,
and representatives harmless from and indemnified against any and all loss, costs, fines,
charges, damage and expenses, including, without limitation, reasonable attorneys’ fees,
consultants’ and expert witness fees, and travel associated therewith, due to claims or
demands of any kind whatsoever (including those based on strict liability) only to the extent
caused by and arising out of (i) the activities contemplated by this Agreement, (ii) including,
without limitation, any claims for any lien imposed by law for services, labor or materials, or
(iii) by reason of the execution of this Agreement or the performance of this Agreement. The
Contractor, and the Contractor’s successors or assigns, agree to protect, defend and save the
City, and its officers, agents, and employees, harmless from all such claims, demands,
damages, and causes of action and the costs, disbursements, and expenses of defending the
same, including but not limited to, attorneys’ fees, consulting engineering services, and other
technical, administrative or professional assistance. The Contractor further agrees to
indemnify the City and hold it harmless from and against any and all claims, suits, and actions
against, and all loss, damage, costs, or expense to the City occasioned by or arising from any
infringement or claim of infringement of any letters patent, or patent rights upon or covering
any patented article or articles furnished or installed by the Contractor under this Agreement
for the City, of from or by reason of the use by the City of any patented article or articles
furnished or installed by the Contractor for the City under this Agreement. The indemnity
contained in this paragraph shall be continuing and shall survive the performance or
cancellation of this Agreement. Nothing in this Agreement shall be construed as a limitation
of or waiver by the City of any immunities, defenses, or other limitations on liability to which
the City is entitled by law, including but not limited to the maximum monetary limits on
liability established by Minnesota Statutes, Chapter 466, or otherwise.
7. Independent Contractor. The Contractor and its employees are not employees of the City.
Nothing in the Agreement is intended or should be construed in any manner as creating or
establishing the relationship as employer/employee, co-partners, or a joint venture between
the City and the Contractor. It is agreed that the Contractor and its employees will act as an
independent contractor and acquire no rights to tenure, workers’ compensation benefits,
unemployment compensation benefits, medical and hospital benefits, sick and vacation leave,
severance pay, pension benefits or other rights or benefits offered to employees of the City.
The manner in which the Project is to be performed shall be controlled by the Contractor;
however, the nature of the services and the results to be achieved shall be specified by the
City.
8. Termination. The City may terminate this Agreement upon 30 days’ written notice, except
that if the Contractor is in default and fails to cure the default within ten days following written
notice by the City, the City has the right to terminate this Agreement immediately upon written
notice of termination. The Contractor will be paid for services properly rendered and
equipment property installed prior to the effective date of termination. The following
provisions of this Agreement shall survive expiration, termination, or cancellation of this
Agreement: Indemnification; Insurance; Governing Law; Data Practices; and Audit.
7.5
Welcome Park Concrete - Odesa II
9. Amendments. Any amendment to this Agreement must be in writing and signed by both
parties.
10. Assignment. No assignment or attempted assignment of this Agreement or of any rights
hereunder shall be effective without the prior written consent of the City.
11. Authority. Each of the undersigned parties warrants it has the full authority to execute this
Agreement.
12. No Personal Liability. No officer, agent or employee of the City shall be personally liable
to the Contractor, or any successor in interest, in the event of any default or breach by the City
on any obligation or term of this Agreement.
13. Notices. Any notice, demand, or other communication under this Agreement by either party
to the other shall be sufficiently given or delivered if it is dispatched by registered or certified
mail, postage prepaid, return receipt requested, or delivered personally to the addresses listed
in the preamble to this Agreement, or at such other address with respect to either such party
as that party may, from time to time, designate in writing and forward to the other as provided
in this section.
14. No Agency. The Contractor acknowledges that nothing contained in this Agreement nor any
act by the City or the Contractor shall be deemed or construed by the Contractor or by any
third person to create any relationship of third-party beneficiary, principal and agent, limited
or general partner, or joint venture between the City and the Contractor.
15. Counterparts. This Agreement may be executed in any number of counterparts, each of
which shall constitute one and the same instrument.
16. Governing Law. This Agreement shall be governed by and construed in accordance with the
laws of the state of Minnesota. Any disputes, controversies, or claims arising out of this
Agreement shall be heard in the state or federal courts of Minnesota, and all parties to this
Agreement waive any objection to the jurisdiction of these courts, whether based on
convenience or otherwise.
17. Compliance with Laws. The Contractor warrants that all work performed pursuant to this
Agreement shall be in compliance with all federal, state and local laws, ordinances,
regulations, rules, and standards.
18. Entire Agreement. This Agreement, any attached exhibits and any addenda or amendments
signed by the parties shall constitute the entire Agreement between the City and Contractor,
and supersedes any other written or oral agreements between and City and Contractor.
19. Severability. In the event that any one or more of the provisions of this Agreement, or any
application thereof, shall be found to be invalid, illegal or otherwise unenforceable, the
validity, legality, and enforceability of the remaining provisions in any application thereof
shall not in any way be affected or impaired thereby.
7.5
Welcome Park Concrete - Odesa II
20. Waivers. No failure by any party to insist upon the strict performance of any covenant, duty,
agreement, or condition of this Agreement or to exercise any right or remedy consequent upon
a breach thereof, shall constitute a waiver of any such breach of any other covenant,
agreement, term, or condition, nor does it imply that such covenant, agreement, term or
condition may be waived again.
21. Data Practices. Any and all data created, collected, received, stored, used, maintained, or
disseminated by the parties pursuant to this Agreement shall be administered in accordance
with, and is subject to the requirements of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13.
22. Audit. The Contractor agrees that the City, the Minnesota State Auditor, and Minnesota
Legislative Auditor, or any of their duly authorized representatives, at any time during normal
business hours and as often as they may reasonably deem necessary, shall have access to and
the right to examine, audit, excerpt and transcribe any books, documents, papers, and records
that are relevant and involve transactions relating to this Agreement for six years following
termination of this Agreement.
IN WITNESS THEREOF, the parties hereto have executed this Agreement as of the day and year
written above.
CITY: CONTRACTOR:
By: By: ___________________________
Jim Adams
Its: Mayor Its:
By:
Adam R. Bell
Its: City Manager
7.5
Exhibit A
Contractor's Quote
7.5
7.5
Bidder:
Address:
City, State, Zip:
BID PROPOSAL FORM
WELCOME PARK IMPROVEMENT PROJECT
WSB PROJECT NO. 021827-000
Units legend: LS= Lump Sum, SQ FT= Square Feet, SQ VD= Square Yard, LIN FT= Lineal Feet
No. Item
BASE BID SCHEDULE
1 Construction Staking
2 Demolition and Removal -complete, including concrete walk. All other removals
by City unless otherwise noted
On-Site Earthwork -complete, including: 1) stripping and stockpiling of topsoil for;
2)common excavation and placement of subsoil materials to subgrade elevations in
all work areas; 3) subsoil compaction beneath paving and curbing, etc.; 4) grade
3 maintenance as necessary for duration of construction period; 5) includes import of
earthen material as necessary to achieve plan grades, stockpile excess materials for
City to remove from site; and (6) City to fine grade pavement edges and conduct
seeding after paving is completed
Furnish and place 4" Drain Tile as indicated on plans and details, including fabric4 and gravel -complete.
5 Furninsh and French Drain as indicated on plans and details, including fabric and
gravel -complete.
6 Furnish and place 4" thick Concrete Walk with aggregate base as indicated on plans
and details -complete.
7 Furnish and place 6" thick Concrete Walk with aggregate base as indicated on plans
and details -complete.
Furnish and place 6" thick Reinforced Concrete Walk at Fitness Center with
8 aggregate base and epoxy coated rebar as indicated on plans and details -
comolete.
9 Furnish and place Truncated Domes Panels on 6" thick Concrete Walk with
aggregate base as indicated on plans and details -complete.
10 Furnish and place Play Container and Fitness Center Curb with aggregate base to
match existing as indicated on plans and details-complete.
11 Furnish, install, and maintain Wood Fiber Sediment Control Log as indicated on
plans, includes removal and restoration at project completion -complete
12 Furnish, install, and maintain Storm Sewer Inlet Protection as indicated on plans,
includes removal and restoration at project completion• complete
WORK TO BE COMPLETED BY CITY includes: removals (unless otherwise noted) furnishing
and installation of all site amenities, fie grading and seeding.
Units
LS
LS
LS
LIN FT
LS
SQFT
SQFT
SQFT
SQFT
LIN FT
LIN FT
EACH
Telephone No.:
Fax No.:
Quantity Unit Price Total Price
1 3000 3D00
1 ':S'oo Soo
1
7000 7c:>OD -
70 3D ..21 {){)
1 I :roo I:!:>-00
3,900 � 3/.:ltJD
100 :Zo :l/>IJD
1,285 I;;;_ l::>-L/::io
32 5-0 !boo
395 _SD /9750
720 Lf .) ff 'i/0
1 SOD 3ob
BASE BID TOTAL $ 87 .;.l.,5 q_
$87,250
7.5
7.5
AGENDA
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL
• REGULAR MEETING •
TUESDAY, APRIL 18, 2023
IMMEDIATELY FOLLOWING THE 7:00 P.M. CITY COUNCIL MEETING
CRYSTAL CITY HALL
COUNCIL CHAMBERS
1. Call to order *
2. Roll call *
3. Oath of office for new EDA Commissioner *
4. Consider approval of minutes from the January 3, 2023 annual organizational meeting
5. Consider a resolution approving a Tax Increment Financing Assistance Agreement,
authorizing the issuance of a Tax Increment Revenue Note, and taking other actions in
connection with a development project located at 5240 West Broadway
6. Receive 2022 Annual Report
7. Consider approval of 2023 Work Plan
8. Discuss 2024 Work Plan *
9. Property status update *
10. Other business *
11. Adjournment *
*Items for which no materials are included in the packet
Page 1 of 3
Minutes of the
Economic Development Authority of the City of Crystal
Annual Organizational Meeting
Council Chambers
January 3, 2023
1. Call to Order
Vice President Kiser called the meeting of the Economic Development Authority of the
City of Crystal (EDA) to order at 8:10 p.m.
2. Roll Call
Upon call of the roll, the following Commissioners were present: Jim Adams, John
Budziszewski, David Cummings, Forest Eidbo, Tracy Kamish, Therese Kiser and Nancy
LaRoche.
The following staff were present: Executive Director Kim Therres, Deputy Executive
Director John Sutter, City Clerk Chrissy Serres, Deputy Police Chief Brian Hubbard and
City Attorney Troy Gilchrist.
3. Oath of Office
The City Clerk administered the oath of office to Commissioners Therese Kiser, Traci
Kamish and Forest Eidbo.
4. Election of officers for 2023
The following slate of officers recommended by the Mayor was presented to the board:
President Kiser, Vice President Kamish, Secretary Eidbo and Treasurer Cummings.
Moved by Commissioner Budziszewski and seconded by Commissioner LaRoche to elect
the following officers for 2023: President Kiser, Vice President Cummings, Secretary
Eidbo and Treasurer Kamish. Motion carried.
5. Approval of Minutes
Moved by Commissioner Adams (Budziszewski) to approve the minutes from the
December 6, 2022 regular meeting. Motion carried.
Page 2 of 3
6. Property Status Update
Staff updated the board on the following:
• Soft opening of Lucky Pearl restaurant at 5600 56th Ave. N.
• Anticipated January openings of Odam Medical Clinic at 6014 Lakeland Ave. N. and
Purple Rose restaurant at 5526 West Broadway.
• Remodeling nearly complete at 5358 West Broadway (former Burger King) for
Hyder Investments corporate office.
• Spring 2023 start for remodeling and possible expansion of 3600 Douglas Drive
(former Pizza Hut) for Wine Thief and Ale Jail.
• Anticipated site and building plan submittal for a new office/warehouse building to be
built at 5208-5216 Hanson Court (former site of Crystal Auto Parts).
Staff was asked whether Northstar Inn and Suites at 6000 Lakeland Ave. N. is still
operating. The Deputy Police Chief confirmed that it was operating as recently as late the
previous week. Staff will confirm and let the board know if it is no longer operating.
7. Other Business
There was no other business.
8. Adjournment
Moved by Commissioner Budziszewski (LaRoche) to adjourn the meeting. Motion
carried. The meeting adjourned at 8:23 p.m.
Page 3 of 3
These minutes of the January 3, 2023 meeting of the Crystal Economic Development Authority
were approved by the Authority on ________________ ____, 20___.
______________________________
Therese Kiser, President
ATTEST:
______________________________
Forest Eidbo, Secretary
Page 1 of 3
___________________________________________________________________________
FROM: John Sutter, Community Development Director
DATE: April 13, 2023
TO: Adam R. Bell, Executive Director (for April 18 EDA meeting)
SUBJECT: Consider a resolution approving a Tax Increment Financing Assistance
Agreement, authorizing the issuance of a Tax Increment Revenue Note, and
taking other actions in connection with a development project located at
5240 West Broadway
BACKGROUND
On June 15, 2021, the EDA adopted a resolution of support for tax increment financing to
facilitate development by Sand Companies d/b/a Crystal Housing Group LLC (Sand) of an
affordable (<60% AMI), 58 unit apartment building on a 1.75 acre site at 5240 West Broadway
(5240 Apts).
On June 14, 2022, Sand submitted an application to rezone the 5240 Apts site to Town Center
- Planned Development including site and building plans. On Aug. 16, 2022, the Planning
Commission recommended approval of the rezoning, and on Sep. 6, 2022, the City Council
adopted an ordinance approving the rezoning.
On November 15, 2022, the EDA adopted a resolution establishing a housing TIF district
comprised of the 5240 Apts site.
Sand has submitted detailed construction plans which have been reviewed and approved by
staff and the building permit was ready to issue as of April 4, 2023. Sand intends to pick up the
permit after they close on the financing which first requires that the TIF agreement to be
approved by the EDA. It is that TIF Agreement and related documents which is the subject of
the April 18 EDA meeting and is the final action by the city/EDA that is necessary for the
project to proceed.
TIF AGREEMENT AND RELATED DOCUMENTS
The following is a summary of the deal points for the TIF Agreement:
EDA STAFF REPORT
5240 West Broadway
TIF Agreement for 5240 Apts Project (Sand)
Page 2 of 3
• The estimated total development cost $22,523,203. If after project completion the total
development costs end up being more than $100,000 less than this estimate, half of the
cost reduction in excess of the first $100,000 will be applied to the TIF Note and reduce the
principal amount.
• Sand would be provided a pay-as-you-go TIF Note for $389,000 which will be paid with
90% of the TIF generated from the project, similar to what was done for The Cavanagh.
The interest rate will be 4.625% per year or the rate on Sand’s first mortgage, whichever is
less. The first scheduled payment on the TIF Note is August 1, 2025 and the final payment
on February 1, 2035 (10 year term), although prepayment without penalty is an option
should the collected tax increment exceed the amount of the scheduled payment.
• In the event that state changes the property tax classification rate in a way that reduces the
annual tax increment collected, Sand will be issued a new TIF note for the lower amount
based upon the revised tax rates and TIF estimates. The term of the note will remain the
same.
• Once the TIF note is satisfied, the city will have the option of either decertifying the district
or continuing to collect increment to use for other affordable housing projects that meet the
required income limits. For rental housing, at least 20% of units must be affordable at 50%
AMI or 40% of units must be affordable at 60% AMI. For owner occupied units, the
maximum income is 100% AMI for 1-2 person households and 115% AMI for households of
3 or more.
• Sand is required to pay all administrative costs of creating the TIF district, reviewing the
assistance request and drafting of the agreements.
• Sand is required to enter into a minimum assessment agreement (MAA) for the property.
The MAA is for $2,827,500 for pay 2025, $8,482,500 for pay 2026 and $11,310,000 for pay
2027 and subsequent years.
• Sand is required to notify the EDA within 10 days if they file a tax petition to reduce the
valuation of the property. The EDA will withhold TIF payments until such time the tax
petition is dismissed and/or settled. Any payments withheld will be paid on the next
payment date after the settlement, net of any required reductions.
• Sand is in the process of finalizing financing for the project. Wells Fargo Bank, National
Association is providing construction financing and the Minnesota Housing Finance Agency
is providing permanent financing for the project. Both lenders have requested that Sand
collaterally assign certain interests in the TIF Note and the TIF Assistance Agreement to
each lender. Under the collateral assignments, the lenders would be able to take certain
actions in the event of a default by Sand under the lender’s financing documents. The
lenders have requested that the EDA consent to such collateral assignments. Collateral
assignments of tax increment financing documents are commonly requested by developers
and lenders as security for their financing.
Page 3 of 3
REQUESTED EDA ACTION
Adoption of the resolution approving a Tax Increment Financing Assistance Agreement,
authorizing the issuance of a Tax Increment Revenue Note, and taking other actions in
connection with a development project located at 5240 West Broadway (Attachment 1).
For reference, the TIF Agreement and related documents are also attached to this report
(Attachment 2).
NEXT STEPS
This is the final city/EDA action required for the project to proceed. The next step is for Sand to
close on their financing and then begin construction. Completion is anticipated in
approximately one year.
ECONOMIC DEVELOPMENT AUTHORITY OF THE
CITY OF CRYSTAL, MINNESOTA
RESOLUTION NO. _____________
APPROVING A TAX INCREMENT FINANCING ASSISTANCE AGREEMENT, AUTHORIZING
THE ISSUANCE OF A TAX INCREMENT REVENUE NOTE, AND TAKING OTHER ACTIONS
IN CONNECTION WITH A DEVELOPMENT PROJECT AT 5240 WEST BROADWAY
WHEREAS, the City of Crystal, Minnesota (the “City”) and the Economic Development Authority
of the City of Crystal, Minnesota (the “Authority”) have previously established Tax Increment Financing
District No. 5 (Sand) (the “TIF District”), a housing district within Redevelopment Project No. 1 (the
“Project”), and have adopted a tax increment financing plan therefore for the purpose of financing certain
improvements within the Project; and
WHEREAS, to facilitate the development of certain property within the TIF District, the Authority
and Crystal Housing Group, LLC, a Minnesota limited liability company, or an entity related thereto or
affiliated therewith (the “Developer”), have negotiated a TIF Assistance Agreement (the “Agreement”),
which provides for the acquisition, construction and equipping by the Developer of an affordable
multifamily housing development consisting of approximately 58 housing units with 52 stalls of
underground parking and 65 surface parking stalls to be owned and operated by the Developer, together
with associated infrastructure (the “Minimum Improvements”) on certain property legally described therein
(the “Development Property”); and
WHEREAS, the Authority proposes to reimburse the Developer for certain qualified costs for the
Minimum Improvements in an amount not to exceed $389,000 through the issuance of a pay as you go tax
increment financing note (the “TIF Note”) subject to the terms and conditions set forth in the Agreement; and
WHEREAS, in order to obtain financing for the Minimum Improvements, the Developer has requested
that the Authority consent to (1) a Collateral Assignment of Tax Increment Financing Note and Development
Agreement by and between the Developer and Wells Fargo Bank, National Association (the “Construction
Lender Assignment”), and (2) an Assignment of Tax Increment Financing, by and between the Developer
and Minnesota Housing Finance Agency (“MHFA Assignment” and, together with the Construction Lender
Assignment, the “Assignments”) by executing a Consent to the Construction Lender Assignment and a
Consent to the MHFA Assignment (together, the “Consents”), the forms of which are on file with the
Authority; and
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Economic
Development Authority of the City of Crystal, Minnesota as follows:
Section 1. Development and Assignment Documents Approved.
1.01. The Board hereby approves the Agreement, the Assignments, and the Consents in
substantially the form presented to the Board, together with any related documents necessary in connection
therewith, including without limitation all documents, exhibits, certifications, or consents referenced in or
attached to the Agreement (collectively, the “Development Documents”).
1.02. The Board hereby authorizes the President and Executive Director, in their discretion and at
such time, if any, as they may deem appropriate, to execute the Development Documents on behalf of the
Authority, and to carry out, on behalf of the Authority, the Authority’s obligations thereunder when all
conditions precedent thereto have been satisfied. The Development Documents shall be in substantially the
forms on file with the Authority and the approval hereby given to the Development Documents includes
approval of such additional details therein as may be necessary and appropriate and such modifications thereof,
deletions therefrom and additions thereto as may be necessary and appropriate and approved by legal counsel
ATTACHMENT 1
to the Authority and by the officers authorized herein to execute said documents prior to their execution; and
said officers are hereby authorized to approve said changes on behalf of the Authority. The execution of any
instrument by the appropriate officers of the Authority herein authorized shall be conclusive evidence of the
approval of such document in accordance with the terms hereof. This resolution shall not constitute an offer
and the Development Documents shall not be effective until the date of execution thereof as provided herein.
1.03. In the event of absence or disability of the officers, any of the documents authorized by this
resolution to be executed may be executed without further act or authorization of the Board by any duly
designated acting official, or by such other officer or officers of the Board as, in the opinion of the City
Attorney, may act in their behalf. Upon execution and delivery of the Development Documents, the officers
and employees of the Board are hereby authorized and directed to take or cause to be taken such actions as may
be necessary on behalf of the Board to implement the Development Documents, including without limitation
the issuance of tax increment revenue obligations thereunder when all conditions precedent thereto have been
satisfied and reserving funds for the payment thereof in the applicable tax increment accounts.
Section 2. TIF Note Authorized. The Authority hereby approves issuance of the TIF Note
pursuant to the Agreement. The TIF Note shall be issued in the maximum aggregate principal amount of
$389,000 to the Developer, subject to Section 3.2 of the Agreement, in consideration of certain eligible costs
incurred by the Developer under the Agreement, shall be dated the date of delivery thereof, and shall bear
simple, non-compounding interest as set forth in the Agreement. The TIF Note is secured by Pledged Tax
Increment, as further described in the form of the TIF Note attached hereto as Exhibit A. The Authority hereby
delegates to the Executive Director the determination of the date on which the TIF Note is to be delivered, in
accordance with the Agreement.
Section 3. Form of TIF Note; Terms and Delivery of Note.
3.01 Form. The TIF Note shall be in substantially the form attached hereto as Exhibit A, with
the blanks to be properly filled in and the principal and interest rate amounts adjusted as of the date of issue.
3.02. Denomination, Payment. The TIF Note shall be issued as a single typewritten note
numbered R-1. The TIF Note shall be issuable only in fully registered form. Principal of and interest on
the TIF Note shall be payable by check or draft issued by the Registrar described herein.
3.03. Dates; Interest Payment Dates. Principal of and interest on the TIF Note shall be payable
by mail to the owner of record thereof as of the close of business on the fifteenth day of the month preceding
the Payment Date, whether or not such day is a business day.
3.04. Registration and Transfer. The Authority hereby appoints the Assistant Treasurer of the
Authority to perform the functions of registrar, transfer agent and paying agent (the “Registrar”). The effect
of registration and the rights and duties of the Authority and the Registrar with respect thereto shall be as
follows:
(a) Register. The Registrar shall keep at its office a bond register in which the Registrar shall
provide for the registration of ownership of the TIF Note and the registration of transfers and exchanges of
the TIF Note.
(b)Transfer of TIF Note. The TIF Note shall only be transferred in accordance with its terms
and in accordance with the terms of the Agreement.
(c) Cancellation. The TIF Note surrendered upon any transfer shall be promptly cancelled by
the Registrar and thereafter disposed of as directed by the Authority.
(d)Improper or Unauthorized Transfer. When the TIF Note is presented to the Registrar for
transfer, the Registrar may refuse to transfer the same until it is reasonably satisfied that the endorsement
on such TIF Note or separate instrument of transfer is legally authorized. The Registrar shall incur no
liability for its refusal, in good faith, to make transfers which it, in its judgment, deems improper or
unauthorized.
(e)Persons Deemed Owners. The Authority and the Registrar may treat the person in whose
name the TIF Note is at any time registered in the bond register as the absolute owner of the TIF Note,
whether the TIF Note shall be overdue or not, for the purpose of receiving payment of, or on account of,
the principal of and interest on such TIF Note and for all other purposes, and all such payments so made to
any such registered owner or upon the owner’s order shall be valid and effectual to satisfy and discharge
the liability of the Authority upon such TIF Note to the extent of the sum or sums so paid.
(f)Taxes, Fees and Charges. For every transfer or exchange of the TIF Note, the Registrar
may impose a charge upon the owner thereof sufficient to reimburse the Registrar for any tax, fee, or other
governmental charge required to be paid with respect to such transfer or exchange.
(g)Mutilated, Lost, Stolen or Destroyed TIF Note. In case any TIF Note shall become
mutilated or be lost, stolen, or destroyed, the Registrar shall deliver a new TIF Note of like amount,
Termination Dates and tenor in exchange and substitution for and upon cancellation of such mutilated TIF
Note or in lieu of and in substitution for such TIF Note lost, stolen, or destroyed, upon the payment of the
reasonable expenses and charges of the Registrar in connection therewith; and, in the case the TIF Note
lost, stolen, or destroyed, upon filing with the Registrar of evidence satisfactory to it that such TIF Note
was lost, stolen, or destroyed, and of the ownership thereof, and upon furnishing to the Registrar of an
appropriate bond or indemnity in form, substance, and amount satisfactory to it, in which both the Authority
and the Registrar shall be named as obligees. The TIF Note so surrendered to the Registrar shall be
cancelled by it and evidence of such cancellation shall be given to the Authority. If the mutilated, lost,
stolen, or destroyed TIF Note has already matured or been called for redemption in accordance with its
terms, it shall not be necessary to issue a new TIF Note prior to payment.
3.05. Preparation and Delivery. The TIF Note shall be prepared under the direction of the
Executive Director and shall be executed on behalf of the Authority by the signatures of its President and
Executive Director. In case any officer whose signature shall appear on the TIF Note shall cease to be such
officer before the delivery of the TIF Note, such signature shall nevertheless be valid and sufficient for all
purposes, the same as if such officer had remained in office until delivery. When the TIF Note has been so
executed, it shall be delivered by the Executive Director to the owner thereof in accordance with the
Agreement.
Section 4. Security Provisions.
4.01. Pledge. The Authority hereby pledges to the payment of the principal and interest on the
TIF Note all Pledged Tax Increment, as defined in, and subject to the terms described in, the TIF Note and
the Agreement. Pledged Tax Increment shall be applied to payment of the principal and interest on the TIF
Note in accordance with the terms of the form of TIF Note set forth in Exhibit A attached hereto.
4.02. Bond Fund. Until the date the TIF Note is no longer outstanding and no principal or interest
thereof (to the extent required to be paid pursuant to this resolution) remains unpaid, the Authority shall
maintain a separate and special “Bond Fund” to be used for no purpose other than the payment of the
principal of and interest on the TIF Note. The Authority irrevocably agrees to appropriate to the Bond Fund
in each year Pledged Tax Increment. Any Pledged Tax Increment remaining in the Bond Fund shall be
transferred to the Authority's account for the TIF District upon the termination of the TIF Note in
accordance with its terms.
Section 5. Effective Date. This resolution shall be effective upon approval.
Adopted by the Board of Commissioners of the Economic Development Authority of the City of
Crystal, Minnesota this 18th day of April, 2023.
President
ATTEST:
Executive Director
A-1
EXHIBIT A
FORM OF TAXABLE TIF NOTE
No. R-1 $[389,000]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY CRYSTAL, MINNESOTA
TAXABLE TAX INCREMENT REVENUE NOTE
(SAND HOUSING PROJECT)
___________, 20__
The EDA of Crystal, Minnesota (the “EDA”), hereby acknowledges itself to be indebted and, for
value received, hereby promises to pay the amounts hereinafter described (the “Payment Amounts”) to
Crystal Housing Group, LLC, a Minnesota limited liability company or its registered assigns (the
“Registered Owner”), the principal amount of ______________and no/100’s dollars ($_______), but only
in the manner, at the times, from the sources of revenue, and to the extent hereinafter provided.
This Note is issued pursuant to that certain TIF Assistance Agreement, dated as of ______, 2023,
as the same may be amended from time to time (the “TIF Assistance Agreement”), by and between the
EDA and Crystal Housing Group, LLC (the “Developer”). Unless otherwise defined herein or unless
context requires otherwise, undefined terms used herein shall have the meanings set forth in the TIF
Assistance Agreement.
The outstanding and unpaid principal amount of this Note shall bear simple, non-compounding
interest at the rate equal to [__]% (which is the lesser of 4.625% per annum or the rate per annum on the
Developer’s first mortgage financing for the Project); provided that no interest shall accrue on this Note
during any period that an Event of Default has occurred, and such Event of Default is continuing, under the
TIF Assistance Agreement and EDA has exercised its remedy under the TIF Assistance Agreement to
suspend payment on the Note. Interest shall be computed on the basis of a 360-day year of twelve 30-day
months.
The amounts due under this Note shall be payable on August 1, 2025 and on each February 1 and
August 1 thereafter to and including the earliest of (i) the date on which the entire principal and accrued
interest on the TIF Note has been paid in full; or (ii) February 1, 2035; or (iii) any earlier date the TIF
Assistance Agreement or this Note is cancelled in accordance with the terms of the TIF Assistance
Agreement or deemed paid in full; or (iv) the February 1 following the date the TIF District is terminated
in accordance with the TIF Act (the “Final Payment Date”) or, if the first should not be a Business Day (as
defined in the TIF Assistance Agreement) the next succeeding Business Day (collectively, the “Payment
Dates”). On each Payment Date, the EDA shall pay by check or draft mailed to the person that was the
Registered Owner of this Note at the close of the last Business Day preceding such Payment Date an amount
equal to 90% of the Tax Increments (as hereinafter defined) received by the EDA during the 6-month period
preceding such Payment Date (“Pledged Tax Increments”). “Tax Increments” are the tax increments
derived from the Development Property (as defined in the TIF Assistance Agreement) and the
improvements thereon which have been received and are permitted to be retained by the EDA in accordance
with the Minnesota Statutes, Sections 469.174 through 469.1794, as the same may be amended or
supplemented from time to time (the “TIF Act”) including, without limitation, Minnesota Statutes, Sections
469.177; 469.176, Subd. 4h; and 469.175, Subd. 1a, as the same may be amended from time to time.
Payments on this Note shall be payable solely from the Pledged Tax Increments. All payments made by
the EDA under this Note shall first be applied to accrued interest and then to principal. If Pledged Tax
Increments are insufficient to pay any accrued interest due, such unpaid interest shall be carried forward
without interest.
This Note shall terminate and be of no further force and effect following the Final Payment Date
defined above, or any date upon which the EDA shall have terminated the TIF Assistance Agreement under
Section 4.2 thereof or on the date that all principal and interest payable hereunder shall have been or deemed
paid in full, whichever occurs earliest. This Note may be prepaid in whole or in part at any time without
penalty.
The EDA makes no representation or covenant, express or implied, that the Pledged Tax Increments
will be sufficient to pay, in whole or in part, the amounts which are or may become due and payable
hereunder. There are risk factors in the amount of Tax Increments that may actually be received by the
EDA and some of those factors are listed on the attached Exhibit 1. The Registered Owner acknowledges
these risk factors and understands and agrees that payments by the EDA under this Note are subject to these
and other factors.
The EDA’s payment obligations hereunder are subject to Sections 3.2(10) of the TIF Assistance
Agreement and shall be further subject to the conditions that (i) no Event of Default under Section 4.1 of
the TIF Assistance Agreement shall have occurred and be continuing at the time payment is otherwise due
hereunder, including without limitation failure to obtain the Compliance Certificate in accordance with
Section 3.3 of the TIF Assistance Agreement (as defined therein), and (ii) the TIF Assistance Agreement
shall not have been terminated pursuant to Section 4.2, and (iii) all conditions set forth in Section 3.2(2) of
the TIF Assistance Agreement have been satisfied as of such date. Any such suspended and unpaid amounts
shall become payable, without interest accruing thereon in the meantime, if this Note has not been
terminated in accordance with Section 4.2 of the TIF Assistance Agreement and said Event of Default shall
thereafter have been cured in accordance with Section 4.2. If pursuant to the occurrence of an Event of
Default under the TIF Assistance Agreement the EDA elects, in accordance with the TIF Assistance
Agreement to cancel and rescind the TIF Assistance Agreement and/or this Note, the EDA shall have no
further debt or obligation under this Note whatsoever. Reference is hereby made to all of the provisions of
the TIF Assistance Agreement, for a fuller statement of the rights and obligations of the EDA to pay the
principal of this Note and the interest thereon, and said provisions are hereby incorporated into this Note as
though set out in full herein.
THIS NOTE IS A SPECIAL, LIMITED REVENUE OBLIGATION OF THE EDA AND
NOT A GENERAL OBLIGATION OF THE EDA OR THE CITY AND IS PAYABLE BY THE EDA
ONLY FROM THE SOURCES AND SUBJECT TO THE QUALIFICATIONS STATED OR
REFERENCED HEREIN. THIS NOTE IS NOT A GENERAL OBLIGATION OF THE EDA, AND
THE FULL FAITH AND CREDIT AND TAXING POWERS OF THE EDA OR CITY ARE NOT
PLEDGED TO THE PAYMENT OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE AND
NO PROPERTY OR OTHER ASSET OF THE EDA OR THE CITY, SAVE AND EXCEPT THE
ABOVE-REFERENCED PLEDGED TAX INCREMENTS, IS OR SHALL BE A SOURCE OF
PAYMENT OF THE EDA’S OBLIGATIONS HEREUNDER.
The Registered Owner shall never have or be deemed to have the right to compel any exercise of
any taxing power of the EDA or of any other public body, and neither the EDA nor any person executing
or registering this Note shall be liable personally hereon by reason of the issuance or registration thereof or
otherwise.
This Note is issued by the EDA in aid of financing a project pursuant to and in full conformity with
the Constitution and laws of the State of Minnesota, including the TIF Act.
This Note may be assigned only as provided in Section 5.3 of the TIF Assistance Agreement and
subject to the assignee executing and delivering to the EDA the Acknowledgment Regarding TIF Note in
the form included in Exhibit 2. Additionally, in order to assign the Note, the assignee shall surrender the
same to the EDA either in exchange for a new fully registered note or for transfer of this Note on the
registration records maintained by the EDA for the Note. Each permitted assignee shall take this Note
subject to the foregoing conditions and subject to all provisions stated or referenced herein.
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 have happened, and to be performed
precedent to and in the issuance of this Note have been done, have happened, and have been performed in
regular and due form, time, and manner as required by law; and that this Note, together with all other
indebtedness of the EDA outstanding on the date hereof and on the date of its actual issuance and delivery,
does not cause the indebtedness of the EDA to exceed any constitutional or statutory limitation thereon.
IN WITNESS WHEREOF, the Economic Development Authority of the City of Crystal, Minnesota
by its Commission, has caused this Note to be executed by the manual signatures of its President and
Executive Director and has caused this Note to be issued on and dated as of the date first written above.
ECONOMIC DEVELOPMENT AUTHOIRTY
OF THE CITY OF CRYSTAL, MINNESOTA
By______________________________________
Its President
By ____________________________________
Its Executive Director
Signature Page for Tax Increment Revenue Note (Sand Housing Project)
CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note, as originally issued on the date first written above, was on
said date registered in the name of Crystal Housing Group, LLC, a Minnesota limited liability company,
and that, at the request of the Registered Owner of this Note, the undersigned has this day registered the
Note in the name of such Registered Owner, as indicated in the registration blank below, on the books kept
by the undersigned for such purposes.
NAME AND ADDRESS OF
REGISTERED OWNER
DATE OF
REGISTRATION
SIGNATURE OF
ASSISTANT TREASURER
Crystal Housing Group, LLC
[ADDRESS]
[CITY, STATE, ZIP] _________, 20__ ___________________
____________________
____________________
____________________
____________________ _________, 20__ ___________________
____________________
____________________
____________________
____________________ _________, 20__ ___________________
**This Note has been collaterally assigned pursuant to Construction Lender Collateral Assignment and the
Permanent Lender Collateral Assignment, attached hereto and pursuant to such agreements, the payments
on this Note will be made to the initial Registered Owner until the Authority receives contrary notice and
direction in accordance with such agreements and this Note is delivered to the Authority for registration in
the name of the applicable assignee thereunder.
Exhibit 1
to Taxable TIF Note
RISK FACTORS
Risk factors on the amount of Tax Increments that may actually be received by the EDA include
but are not limited to the following:
1.Value of Project. If the contemplated Project (as defined in the TIF Assistance Agreement)
constructed in the tax increment financing district is completed at a lesser level of value than originally
contemplated, it will generate fewer taxes and fewer tax increments than originally contemplated.
2.Damage or Destruction. If the Project is damaged or destroyed after completion, their
value will be reduced, and taxes and tax increments will be reduced. Repair, restoration, or replacement of
the Project may not occur, may occur after only a substantial time delay, or may involve property with a
lower value than the Project, all of which would reduce taxes and tax increments.
3.Change in Use to Tax-Exempt. The Project could be acquired by a party that devotes it to
a use which causes the property to be exempt from real property taxation. Taxes and tax increments would
then cease.
4.Depreciation. The Project could decline in value due to changes in the market for such
property or due to the decline in the physical condition of the property. Lower market valuation will lead
to lower taxes and lower tax increments.
5.Non-payment of Taxes. If the property owner does not pay property taxes, either in whole
or in part, the lack of taxes received will cause a lack of tax increments. The Minnesota system of collecting
delinquent property taxes is a lengthy one that could result in substantial delays in the receipt of taxes and
tax increments, and there is no assurance that the full amount of delinquent taxes would be collected.
Amounts distributed to taxing jurisdictions upon a sale following a tax forfeiture of the property are not tax
increments.
6.Reductions in Taxes Levied. If property taxes are reduced due to decreased municipal
levies, taxes and tax increments will be reduced. Reasons for such reduction could include lower local
expenditures or changes in state aids to municipalities. For instance, in 2001 the Minnesota Legislature
enacted an education funding reform that involved the state increasing school aid in lieu of the local general
education levy (a component of school district tax levies).
7.Reductions in Tax Capacity Rates. The taxable value of real property is determined by
multiplying the market value of the property by a tax capacity rate. Tax capacity rates vary by certain
categories of property; for example, the tax capacity rates for residential homesteads are currently less than
the tax capacity rates for commercial and industrial property. In 2001 the Minnesota Legislature enacted
property tax reform that lowered various tax capacity rates to “compress” the difference between the tax
capacity rates applicable to residential homestead properties and commercial and industrial properties.
8.Changes to Local Tax Rate. The local tax rate to be applied in the tax increment financing
district is the lower of the current local tax rate or the original local tax rate for the tax increment financing
district. In the event that the Current Local Tax Rate is higher than the Original Local Tax Rate, then the
“excess” or difference that comes about after applying the lower Original Local Tax Rate instead of the
Current Local Tax Rate is considered “excess” tax increment and is distributed by Hennepin County to the
other taxing jurisdictions and such amount is not available to the EDA as tax increment.
9.Legislation. The Minnesota Legislature has frequently modified laws affecting real
property taxes, particularly as they relate to tax capacity rates and the overall level of taxes as affected by
state aid to municipalities.
10.Affordable Housing Declaration. The TIF District will cease to qualify as a housing tax
increment financing district and the TIF Note will terminate if the Project ceases to be operated in
accordance with this Agreement.
Exhibit 2
to Taxable TIF Note
ACKNOWLEDGMENT REGARDING TIF NOTE
The undersigned, ______________ a ___________ (“Note Holder”), hereby certifies and
acknowledges that:
A.On the date hereof the Note Holder has [acquired from]/[made a loan (the “Loan”) [to/for
the benefit] of] Crystal Housing Group, LLC (the “Developer”) [secured in part by] the Taxable Tax
Increment Revenue Note (Crystal Sands Housing Project), a pay-as-you-go tax increment revenue note (the
“Note”) in the original principal amount of [up to] $[386000] [dated __________, 20___ of]/[to be issued
by] the Economic Development Authority of the City of Crystal, Minnesota (the “EDA”).
B.The Note Holder has had the opportunity to ask questions of and receive from the
Developer all information and documents concerning the Note as it requested and has had access to any
additional information the Note Holder thought necessary to verify the accuracy of the information
received. In determining to [acquire the Note]/[make the Loan], the Note Holder has made its own
determinations and has not relied on the EDA or information provided by the EDA.
C.The Note Holder represents and warrants that:
1.The Note Holder is acquiring [the Note]/[an interest in the Note as collateral for
the Loan] for investment and for its own account, and without any view to resale or other
distribution.
2.The Note Holder has such knowledge and experience in financial and business
matters that it is capable of evaluating the merits and risks of acquiring [the Note]/[an interest in
the Note as collateral for the Loan].
3.The Note Holder understands that the Note is a security which has not been
registered under the Securities Act of 1933, as amended, or any state securities law, and must be
held until its sale is registered or an exemption from registration becomes available.
4.The Note Holder is aware of the limited payment source for the Note and interest
thereon and risks associated with the sufficiency of that limited payment source.
5.The Note Holder is [a bank or other financial institution] / [the owner of the
property from which the tax increments which are pledged to the Note are generated].
D.The Note Holder understands that the Note is payable solely from certain tax increments
derived from certain properties located in a tax increment financing district, if and as received by the EDA.
The Note Holder acknowledges that the EDA has made no representation or covenant, express or implied,
that the revenues pledged to pay the Note will be sufficient to pay, in whole or in part, the principal and
interest due on the Note. Any amounts which have not been paid on the Note on or before the final maturity
date of the Note shall no longer be payable, as if the Note had ceased to be an obligation of the EDA. The
Note Holder understands that the Note will never represent or constitute a general obligation, debt or bonded
indebtedness of the EDA or the City of Crystal, Minnesota (the “City”), the State of Minnesota, or any
political subdivision thereof and that no right will exist to have taxes levied by the EDA, the City, the State
of Minnesota, or any political subdivision thereof for the payment of principal and interest on the Note.
E.The Note Holder understands that the Note is payable solely from certain tax increments,
which are taxes received on improvements made to certain property (the “Project”) in a tax increment
financing district from the increased taxable value of the property over its base value at the time that the
tax increment financing district was created, which base value is called “original net tax capacity”. There
are risk factors in relying on tax increments to be received, which include, but are not limited to, the
following:
1.Value of Project. If the contemplated Project constructed in the tax increment
financing district is completed at a lesser level of value than originally contemplated, it will
generate fewer taxes and fewer tax increments than originally contemplated.
2.Damage or Destruction. If the Project is damaged or destroyed after completion,
their value will be reduced, and taxes and tax increments will be reduced. Repair, restoration, or
replacement of the Project may not occur, may occur after only a substantial time delay, or may
involve property with a lower value than the Project, all of which would reduce taxes and tax
increments.
3.Change in Use to Tax-Exempt. The Project could be acquired by a party that
devotes it to a use which causes the property to be exempt from real property taxation. Taxes and
tax increments would then cease.
4.Depreciation. The Project could decline in value due to changes in the market for
such property or due to the decline in the physical condition of the property. Lower market
valuation will lead to lower taxes and lower tax increments.
5.Non-payment of Taxes. If the property owner does not pay property taxes, either
in whole or in part, the lack of taxes received will cause a lack of tax increments. The Minnesota
system of collecting delinquent property taxes is a lengthy one that could result in substantial delays
in the receipt of taxes and tax increments, and there is no assurance that the full amount of
delinquent taxes would be collected. Amounts distributed to taxing jurisdictions upon a sale
following a tax forfeiture of the property are not tax increments.
6.Reductions in Taxes Levied. If property taxes are reduced due to decreased
municipal levies, taxes and tax increments will be reduced. Reasons for such reduction could
include lower local expenditures or changes in state aids to municipalities. For instance, in 2001
the Minnesota Legislature enacted an education funding reform that involved the state increasing
school aid in lieu of the local general education levy (a component of school district tax levies).
7.Reductions in Tax Capacity Rates. The taxable value of real property is
determined by multiplying the market value of the property by a tax capacity rate. Tax capacity
rates vary by certain categories of property; for example, the tax capacity rates for residential
homesteads are currently less than the tax capacity rates for commercial and industrial property. In
2001 the Minnesota Legislature enacted property tax reform that lowered various tax capacity rates
to “compress” the difference between the tax capacity rates applicable to residential homestead
properties and commercial and industrial properties.
8.Changes to Local Tax Rate. The local tax rate to be applied in the tax increment
financing district is the lower of the current local tax rate or the original local tax rate for the tax
increment financing district. In the event that the Current Local Tax Rate is higher than the Original
Local Tax Rate, then the “excess” or difference that comes about after applying the lower Original
Local Tax Rate instead of the Current Local Tax Rate is considered “excess” tax increment and is
distributed by Hennepin County to the other taxing jurisdictions and such amount is not available
to the EDA as tax increment.
9.Legislation. The Minnesota Legislature has frequently modified laws affecting
real property taxes, particularly as they relate to tax capacity rates and the overall level of taxes as
affected by state aid to municipalities.
10.Affordable Housing Declaration. The TIF District will cease to qualify as a
housing tax increment financing district and the TIF Note will terminate if the Project ceases to be
operated in accordance with the TIF Assistance Agreement defined below.
F.The Note Holder acknowledges that the Note was issued as part of a TIF Assistance
Agreement between the EDA and the Developer dated December ___, 2021 (“TIF Assistance Agreement”),
and that the EDA has the right to suspend payments under this Note and/or terminate the Note upon an
Event of Default under the TIF Assistance Agreement.
G.The Note Holder acknowledges that the EDA makes no representation about the tax
treatment of, or tax consequences from, the Note Holder’s acquisition of [the Note]/[an interest in the Note
as collateral for the Loan].
WITNESS our hand this ___ day of _______, 20__.
Note Holder:
_________________________
By ________________________
_________________________
Its ________________________
CR150-225-840710.v7
TIF ASSISTANCE AGREEMENT
BETWEEN
ECONOMIC DEVELOPMENT AUTHORITY OF THE
CITY OF CRYSTAL, MINNESOTA
AND
CRYSTAL HOUSING GROUP, LLC
This document drafted by:
KENNEDY & GRAVEN, CHARTERED (GAF)
150 South Fifth Street, Suite 700
Minneapolis, MN 55402
ATTACHMENT 2
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TABLE OF CONTENTS
Page
ARTICLE I DEFINITIONS ............................................................................................................2
Section 1.1. Definitions..............................................................................................2
ARTICLE II REPRESENTATIONS AND WARRANTIES ..........................................................6
Section 2.1. Representations and Warranties of the EDA. ........................................6
Section 2.2. Representations and Warranties of the Developer. ................................6
ARTICLE III UNDERTAKINGS BY DEVELOPER AND CITY ................................................8
Section 3.1. Total Development Costs and Public Costs. ..........................................8
Section 3.2. TIF Note. ................................................................................................8
Section 3.3. Income Restrictions. ............................................................................11
Section 3.4. Developer to Pay EDA’s Fees and Expenses ......................................12
Section 3.5. Compliance with Environmental Requirements. .................................12
Section 3.6. Construction Plans. ..............................................................................13
Section 3.7. Commencement and Completion of Construction ...............................14
Section 3.8. Certificate of Completion. ...................................................................14
Section 3.9. Encumbrance of the Development Property ........................................14
Section 3.10. Business Subsidy Act. ..........................................................................15
Section 3.11. Right to Collect Delinquent Taxes .......................................................15
Section 3.12. Review of Taxes. .................................................................................16
Section 3.13. Execution of Assessment Agreement. .................................................16
Section 3.14. Insurance. .............................................................................................17
ARTICLE IV EVENTS OF DEFAULT ........................................................................................19
Section 4.1. Events of Default Defined. ..................................................................19
Section 4.2. Remedies on Default. ...........................................................................19
Section 4.3. No Remedy Exclusive..........................................................................20
Section 4.4. No Implied Waiver ..............................................................................20
Section 4.5. Indemnification of EDA. .....................................................................21
Section 4.6. Reimbursement of Attorneys’ Fees .....................................................21
ARTICLE V ADDITIONAL PROVISIONS ................................................................................22
Section 5.1. Restrictions on Use ..............................................................................22
Section 5.2. Reports .................................................................................................22
Section 5.3. Limitations on Transfer and Assignment. ............................................22
Section 5.4. Conflicts of Interest..............................................................................23
Section 5.5. Titles of Articles and Sections .............................................................24
Section 5.6. Notices and Demands ..........................................................................24
Section 5.7. No Additional Waiver Implied by One Waiver ...................................24
Section 5.8. Counterparts .........................................................................................24
Section 5.9. Law Governing ....................................................................................25
Section 5.10. Term; Termination ...........................................................................2525
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Section 5.11. Provisions Surviving Rescission, Expiration or Termination ..............25
Section 5.12. Superseding Effect ...............................................................................25
Section 5.13. Relationship of Parties .........................................................................25
Section 5.14. Venue ...................................................................................................25
Section 5.15. Interpretation; Concurrence .................................................................25
EXHIBIT A DESCRIPTION OF TIF DISTRICT .................................................................... A-1
EXHIBIT B LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY ..............................B-1
EXHIBIT C PUBLIC DEVELOPMENT COSTS ......................................................................C-1
EXHIBIT D FORM OF TAXABLE TIF NOTE ....................................................................... D-1
EXHIBIT E CERTIFICATE OF TENANT ELIGIBILITY AND CERTIFICATE OF
CONTINUING PROGRAM COMPLIANCE .................................................... E-1
EXHIBIT F PERMITTED ENCUMBRANCES ........................................................................ F-1
EXHIBIT G CERTIFICATE OF COMPLETION OF PROJECT ............................................ G-1
EXHIBIT H PROJECT SOURCES AND USES ...................................................................... H-1
EXHIBIT I MINIMUM ASSESSMENT AGREEMENT……………………………………..I-1
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CR150-225-840710.v7
TIF ASSISTANCE AGREEMENT
THIS AGREEMENT, made as of the __ day of __________, 2023, by and between the
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA
(the “EDA”), a public body corporate and politic under the laws of the State of Minnesota, and
CRYSTAL HOUSING GROUP, LLC, a Minnesota limited liability company (the “Developer”),
WITNESSETH:
WHEREAS, the EDA was established by the City of Crystal (the “City”) under Minnesota
Statutes, Sections 460.090 to 469.1081, as amended (the “EDA Act”), and has all the powers of a
housing and redevelopment authority under Minnesota Statutes, Sections 469.001 to 469.047, as
amended (the “HRA Act”); and
WHEREAS, the EDA has undertaken a program to promote the redevelopment of land
which is blighted and underutilized within the City, and in this connection created a redevelopment
project known as the Redevelopment Project No. 1 (the “Project Area”) and has adopted a
redevelopment plan therefor (the “Redevelopment Plan”) pursuant to the HRA Act; and
WHEREAS, pursuant to the provisions of Minnesota Statutes, Section 469.174 through
469.1794, as amended, (the “TIF Act”), on November 15, 2022 the EDA adopted a resolution
creating, within the Project Area, Tax Increment Financing District No. 5 (Sand) as a housing
district (the “TIF District”) the legal description of which is attached hereto as Exhibit A, and
adopted a tax increment financing plan therefor (the “TIF Plan”), which provides for the use of tax
increment financing in connection with development within the Project Area and the TIF District;
and
WHEREAS, the City Council of the City approved the TIF District after a duly noticed
public hearing on December 6, 2022; and
WHEREAS, the Developer proposes to develop property within the TIF District through
the acquisition, constructing, and equipping of an affordable multifamily housing development
consisting of approximately 58 housing units with 52 stalls of underground parking and 65 surface
parking stalls to be owned, and operated by the Developer, together with associated infrastructure
(the “Project”); and
WHEREAS, the Developer has requested that the EDA 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, 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:
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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 has the meaning set forth in Section 3.4;
Agreement means this TIF Assistance Agreement, as the same may be from time to time
modified, amended or supplemented;
Assessment Agreement means the minimum assessment agreement, in substantially the
form of the agreement attached as Exhibit I hereto and made a part of this Agreement, between
the Developer and the EDA;
Architect means Sand Architects, LLC, a Minnesota limited liability company as the
architect for the Project;
Board of Commissioners means the Board of Commissioners of the EDA;
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
executed by the EDA pursuant to Section 3.8;
Construction Lender means Wells Fargo Bank, National Association, a national banking
association;
Construction Lender Collateral Assignment means the Collateral Assignment of Tax
Increment Financing Note and Development Agreement, between the Construction Lender and the
Developer;
City Council means the City Council of the City;
Completion Date means the date on which the Certificate of Completion is executed by the
EDA pursuant to Section 3.8;
Construction Costs means the capital costs of the construction of the Project, including the
costs of labor and materials; construction management and supervision expenses; insurance and
payment or performance bond premiums; architectural and engineering fees and expenses;
property taxes; usual and customary fees or costs payable to the City or any other public body with
regulatory authority over construction of the Project (e.g. building permits and inspection fees);
the developer fee; and all other costs chargeable to the capital account of the Project under
generally accepted accounting principles;
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Construction Documents means the following documents, all of which shall be in form and
substance reasonably acceptable to the EDA: (a) evidence satisfactory to the EDA 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 Developer 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 inspector of the City;
County means Hennepin County, Minnesota;
Declaration means the Declaration of Land Use Restrictive Covenants for Low-Income
Housing Tax Credits in order to create certain covenants running with the land for the purpose of
enforcing the requirements of Section 42 of the Internal Revenue Code of 1986, as amended;
Design Drawings means the floor plans, renderings, elevations, and material specifications
for the Project prepared by the Architect;
Development Property means the real property legally described in Exhibit B attached to
this Agreement;
Developer means Crystal Housing Group, LLC, a Minnesota limited liability company,
and its authorized successors and assigns;
EDA means the Economic Development Authority of the City of Crystal, Minnesota;
Event of Default means any of the events described in Section 4.1 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; or (ii) February, 2035; or (iii) any earlier
date this Agreement or the TIF Note is terminated or cancelled in accordance with the terms hereof
or deemed paid in full; or (iv) the February 1 following the date the TIF District is terminated in
accordance with the TIF Act;
General Contractor means Sand Construction, LLC, a Minnesota limited liability company
as the general contractor for the Project;
Payment Date means August 1, 2025, 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;
Permanent Lender means the Minnesota Housing Finance Agency;
Permanent Lender Collateral Assignment means, collectively, the Assignment of Tax
Increment Financing by and between the Permanent Lender, the Developer and the Assignment of
Development Agreement, by and between the Borrower and Permanent Lender;
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Permitted Encumbrances means those encumbrances set forth in Exhibit F;
Pledged Tax Increments means for any six-month period, 90% of the Tax Increments
received by the EDA since the previous Payment Date;
Project means the acquisition, construction and equipping of an affordable multifamily
housing development with approximately 58 housing units with 52 stalls of underground parking
and 65 surface parking stalls to be owned, and operated by the Developer on the Development
Property within the TIF District, together with associated infrastructure;
Public Development Costs means the costs of the Project identified on Exhibit C attached
hereto and any other cost incurred by the Developer, or its assigns, that the EDA determines in its
sole discretion is eligible for reimbursement with Pledged Tax Increments;
Qualified Project Period means 26 years from the date of delivery of a certificate of
occupancy by the City;
Redevelopment Plan means the Redevelopment Plan for Redevelopment Project No. 1;
Reimbursement Amount means the lesser of (i) $389,000 or (ii) the Public Development
Costs actually incurred and paid by the Developer, or (iii) the amount determined pursuant to
Section 3.2(10);
Site Plan means the site plan prepared for the Development Property approved by the City;
State means the State of Minnesota;
Tax Increments means the tax increments derived from the TIF District and the
improvements thereon which have been received and are permitted to be retained by the EDA in
accordance with the TIF Act including, without limitation, Minnesota Statutes, Section 469.177;
469.176, Subd. 4h; and 469.175, Subd. 1a, as the same may be amended from time to time;
Termination Date means the end of the Qualified Project Period;
TIF Act means Minnesota Statutes, Sections 469.174 through 469.1794, as amended;
TIF District means Tax Increment Financing District No. 5 (Sand) (a housing district)
consisting of the property legally described in Exhibit A attached hereto, which was established
as a housing district under the TIF Act;
TIF Note means the Taxable Tax Increment Revenue Note (Sand Housing Project) to be
executed by the EDA and delivered to the Developer pursuant to Article III hereof, a form of which
is attached hereto as Exhibit D;
TIF Plan means the tax increment financing plan approved for the TIF District;
Total Development Costs means all Construction Costs and any other costs of the
development of the Project to be incurred by the Developer as set forth in Exhibit H; and
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Unavoidable Delays means delays, outside the control of the party claiming their
occurrence, which are the direct result of strikes, lockouts or other labor troubles, prolonged
adverse weather or acts of God, fire or other casualty to the Project, litigation commenced by third
parties which, by injunction or other similar judicial action, directly results in delays, acts of any
federal, State, or local governmental unit (other than the EDA in properly exercising its rights
under this Agreement) which directly result in delays, war, invasion, rebellion, revolution,
insurrection, riots or civil war, pandemic, or unavailability or shortage of supply of construction
materials or construction labor, other than by reason of non-payment of costs of the same.
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ARTICLE II
REPRESENTATIONS AND WARRANTIES
Section 2.1. Representations and Warranties of the EDA. The EDA makes the following
representations and warranties:
(1) The EDA is a public body corporate and politic organized and existing under the
laws of the State of Minnesota and has the power to enter into this Agreement and carry out its
obligations hereunder.
(2) The EDA has taken the actions necessary to establish the TIF District as a “housing
district” within the meaning of Minnesota Statutes, Section 469.174, Subdivision 11.
(3) The development contemplated by this Agreement is in conformance with the
development objectives set forth in the Redevelopment Plan and the TIF Plan.
(4) The EDA 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.
Section 2.2. Representations and Warranties of the Developer. The Developer makes
the following representations and warranties:
(1) The Developer is a Minnesota limited liability company duly 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 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.
(3) 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 a breach of,
the terms, conditions or provision 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.
(4) The Developer understands that the EDA 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 than the
terms of this Agreement, and that the EDA has informed the Developer that development of the
Development Property will not be favored over the development of other properties.
(5) To the Developer’s knowledge, no member of the City Council, Board of
Commissioners, City, the EDA or other officer of the City or the EDA has either a direct or indirect
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financial interest in this Agreement, nor will any member of City Council, Board of
Commissioners, City, EDA or other officer of the City Council, Board of Commissioners, City, or
the EDA, benefit financially from this Agreement within the meaning of Minnesota Statutes,
Sections 412.311 and 471.87.
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ARTICLE III
UNDERTAKINGS BY DEVELOPER AND CITY
Section 3.1. Total Development Costs and Public Costs.
(1) Based on the Developer’s representation, and as set forth on Exhibit H attached
hereto, that the estimated Total Development Costs for the Project are approximately $22,523,203,
that the sources of revenue available to pay such costs, excluding the tax increment assistance
contemplated herein, is $22,523,203, and that the Developer is unable to obtain additional private
financing for the estimated Total Development Costs, the EDA has agreed to provide tax increment
financing subject to the terms and conditions as hereinafter set forth. The Developer must provide
the EDA copies of all executed financing documents related to financing the Total Development
Costs of the Project.
(2) 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 Exhibit C attached hereto
will be at least $389,000.
(3) As of January 2, 2026, the estimated market value of the Development Property, as
improved, is expected to be at least $11,310,000.
(4) The Developer has acquired the Development Property and will cause the Project
to be constructed in accordance with the terms of this Agreement, the Redevelopment Plan, and
all local, State, and federal laws and regulations including, but not limited to, environmental,
zoning, energy conservation, building code and public health laws and regulations.
(5) The Developer shall, in a timely manner, comply with all requirements necessary
to obtain, or cause to be obtained, 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 for the construction and operation of the Project.
(6) The Total Development Costs shall be paid by the Developer, and the EDA 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 Pledged Tax Increments as provided below.
(2) The TIF Note shall be issued, in substantially the form attached hereto as Exhibit
D and interest will commence to accrue on the TIF Note only when: (A) the Developer shall have
submitted paid invoices or other written proof and other documentation as may be reasonably
satisfactory to the EDA of the exact nature and amount of the Public Development Costs incurred
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by the Developer, together with such other information or documentation as may be reasonably
necessary and satisfactory to the EDA to enable the EDA to substantiate the Developer’s tax
increment expenditures for Public Development Costs in accordance with Exhibit C 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; (B) the EDA shall have received evidence that the
Declaration and this Agreement have been recorded against the Development Property; (C) the
Developer shall have obtained from the City a certificate of occupancy for all residential units in
the Project and a Certificate of Completion as provided in this Agreement; (D) the Developer shall
have paid all of the EDA’s Administrative Costs required to have been paid as of such date in
accordance with Section 3.4 hereof; (E) the Developer is in material compliance with each term or
provision of this Agreement required to have been satisfied as of such date; and (F) the Developer
has submitted the final sources and uses for the Project in accordance with Section 3.2(10) and the
EDA shall have determined any adjustment to the Reimbursement Amount pursuant to Section
3.2(10). The documentation provided in accordance with Section 3.2(2)(A) shall include specific
invoices or draw requests for the particular work from the General 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 4.625% per annum or the rate per annum on the Developer’s
financing on the first mortgage for the Project at the time of issuance of the TIF Note. Interest
shall be computed on the basis of a 360-day year consisting of twelve 30-day months. Principal
and interest on the TIF Note will be payable on each Payment Date; however, the sole source of
funds required to be used for payment of the EDA’s obligations under this Section and
correspondingly under the TIF Note shall be the Pledged Tax Increments received in the 6-month
period preceding each Payment Date. On each Payment Date the Pledged 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 Pledged Tax Increments are not sufficient to pay the accrued interest,
the unpaid accrued interest shall be carried forward without interest. All Tax Increments in excess
of the Pledged Tax Increments necessary to pay the principal and accrued interest on the TIF Note
are not subject to this Agreement, and the EDA retains full discretion as to any authorized
application thereof. To the extent that the Pledged Tax Increments are 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 EDA whatsoever. The TIF Note shall be a special
and limited obligation of the EDA and not a general obligation of the City or the EDA, and only
Pledged Tax Increments shall be used to pay the principal of and interest on the TIF Note
(4) No interest will accrue during any period in which payments have been suspended
pursuant to Section 4.2.
(5) Any interest accruing on Pledged Tax Increments held by the EDA pending
payment to the Developer on the TIF Note shall accrue to the account of the TIF District.
(6) Any estimates of Tax Increment prepared by the EDA or its financial advisors in
connection with the TIF District or this Agreement are for the benefit of the EDA, and are not
intended as representations on which the Developer may rely. Public Redevelopment Costs
exceeding the principal amount of the TIF Note are the sole responsibility of Developer.
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(7) The EDA’s obligation to make payments on the TIF Note on any Payment Date is
subject to Section 3.12(2) and adjustment as set forth in Sections 3.2(10) and 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,
(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.
(8) 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 D. 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.
(9) In accordance with Section 469.1763, Subdivision 3 of the TIF Act, conditions for
delivery of the TIF Note must be met within 5 years after the date of certification of the TIF District
by the County. If the conditions are not satisfied by such date, the EDA has no further obligations
under this Section 3.2.
(10) The financial assistance to the Developer under this Agreement is based on certain
assumptions regarding likely costs and expenses associated with constructing the Project. The
EDA and Developer agree that the Developer’s representations of the Total Development Costs
will be reviewed at the time of completion of construction of the Project. Upon submitting the
request for the Certificate of Completion under Section 3.8, the Developer shall submit the final
sources and uses for the Project in the form set forth in Exhibit H based on actual Total
Development Costs as incurred and documented. If the actual Total Development Costs at
completion decrease by more than $100,000 below the Total Development Cost amount shown in
Exhibit H, the Reimbursement Amount will be reduced by $0.50 per dollar of the decrease in the
Total Development Costs which exceeds $100,000 which will result in a reduction in the TIF Note.
(11) The Developer must execute and deliver the Assessment Agreement all as further
provided in Section 3.13 and must file such Assessment Agreement with the Hennepin County
Recorder or Registrar of Titles at the Developer’s sole cost.
(12) The Developer understands and acknowledges that the EDA makes no
representations or warranties regarding the amount of Tax Increment, or that revenues pledged to
the TIF Note will be sufficient to pay the principal of and interest on the TIF Note. Any estimates
of Tax Increment prepared by the EDA or its financial advisors in connection with the TIF District
or this Agreement are for the benefit of the EDA, and are not intended as representations on which
the Developer may rely. Public Redevelopment Costs exceeding the principal amount of each of
the TIF Note are the sole responsibility of Developer.
(13) In the event of legislative changes reducing the tax rate classification of certain
qualified low-income rental housing under Minnesota Statutes, Section 273.13, subdivision 25(e),
the Developer expressly agrees and acknowledges that the EDA will issue the TIF Note, or require
the Developer to exchange the TIF Note for a replacement TIF Note issued, in a principal amount
determined based on revised projections of Pledged Tax Increments as calculated by the EDA or
its tax increment financing consultant, taking into account the reduced present value of Tax
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Increments resulting from the legislative changes; provided, however, that the EDA shall have no
right to change (i) the percentage of Tax Increment received which it determines to be Pledged
Tax Increment, which shall be defined as 90% of the Tax Increment attributable to the
Development Property and paid to the EDA by the County in the six months preceding the Payment
Date, (iii) the Payment Dates, or (iii) the rate of interest payable on the TIF Note. Notwithstanding
the date the EDA determines the adjusted principal amount of the TIF Note, such adjustment will
date back to the date any such legislative change affects Pledged Tax Increments.
(14) The Developer acknowledges that, pursuant to the Construction Lender Collateral
Assignment and the Permanent Lender Collateral Assignment, the Developer has authorized that,
under certain circumstances set forth in the Construction Lender Collateral Assignment and the
Permanent Lender Collateral Assignment, the Authority is directed to make payments under the
TIF Note in accordance with such assignments. The Developer further acknowledges that if the
TIF Note is issued on or after the date that the construction financing is paid in full, the Authority
will register the TIF Note in the name of the Developer unless otherwise directed by the Permanent
Lender and if the TIF Note is issued prior to the construction financing being paid in full by the
Developer, the Authority will register the TIF Note in the name of the Construction Lender upon
written direction of the Developer or the Construction Lender.
Section 3.3. Income Restrictions. The Developer hereby represents, covenants, and
agrees as follows:
(1) The Project is intended for occupancy by persons or families of low or moderate
income as required by Section 469.1761, subdivision 3 of the TIF Act, which requires that the
Project satisfy the income requirements for a qualified residential rental project as defined in
Section 142(d) of the Internal Revenue Code; and
(2) No more than 20% of the square footage of any building of the Project financed
with the proceeds of the TIF Note will consist of commercial, retail, or other non-residential uses;
and
(3) Commencing on the Completion Date and continuing until the end of the Qualified
Project Period, 40% of the residential units in the Project shall be occupied by, or held for, persons
or families whose income is 60% or less of the County area-wide median income for the standard
metropolitan statistical area which includes Crystal, Minnesota, as that figure is determined and
announced from time to time by HUD, as adjusted for household size (“Median Income); and
(4) The Developer will provide the EDA an annual certification in the general form
attached as Exhibit E (the “Compliance Certificate”) evidencing compliance with the
requirements of paragraph (3) above. The annual certification shall also include the vacancy rate
for the preceding calendar year. This evidence must include a statement of the household income
of each qualifying tenant effective at tenant’s initial certification, a written determination that each
qualifying renter's household income falls within the qualifying limits of this Section, and that the
income documentation is correct and accurate. The income affordability reporting shall be on the
form entitled “Tenant Income Certification” from the Minnesota Housing Finance Agency (MHFA
HTC Form 14), or a Certificate of Tenant Eligibility as attached as Exhibit E. The annual
certification shall be provided on or before May 1 of each year commencing May 1, 2025, and
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shall cover the preceding calendar year and shall continue until the end of the Qualified Project
Period. The Authority may require the Developer to provide additional information in order to
access the accuracy of such certification; and
(5) The Developer understands that if the Developer does not comply with the
affordability covenants in this Section 3.3, the TIF Act requires the Authority to decertify the TIF
District.
Section 3.4. Developer to Pay EDA’s Fees and Expenses. The Developer will pay all of
the City’s and the EDA’s reasonable Administrative Costs (as defined below) and must pay such
costs to the EDA within 30 days after receipt of a written invoice from the EDA describing the
amount and nature of the costs to be reimbursed. For the purposes of this Agreement, the term
“Administrative Costs” means out of pocket costs incurred by the EDA and the City, including
without limitation legal, financial advisor, and other consultant costs of the EDA and the City, all
attributable to or incurred in connection with the establishment of the TIF District and adoption of
the TIF Plan and review, negotiation and preparation of this Agreement (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 and any amendments
to any of the foregoing. In addition, certain engineering, environmental advisor, legal, land use,
zoning, subdivision, and other costs related to the development of the Development Property are
required to be paid, or additional funds deposited in escrow, as provided in accordance with the
EDA’s planning, zoning, and building fee schedules. The parties acknowledge that Developer
deposited with the EDA $10,000 toward payment of the EDA’s Administrative Costs. If such
costs exceed such amount, then at any time, but not more often than monthly, the EDA 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 EDA’s written request. Any
unused amount of such deposit shall be returned to the Developer.
Section 3.5. 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 EDA 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 or hazardous substances
or wastes, pollutants or contaminants (including, without limitation, asbestos, urea formaldehyde,
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 (“CERCLA”), 42 U.S.C. §§ 961-9657, as amended) (collectively, the “Hazardous
Substances”).
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(3) 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 laws and regulations.
Section 3.6. Construction Plans.
(1) Prior to the commencement of construction of the Project, the Developer will
deliver to the EDA the Construction Plans, Construction Documents and the Total Development
Costs as set forth in Exhibit H. The Construction Plans for the Project shall be consistent with
the Redevelopment Plan, this Agreement, and all applicable State and local laws and regulations,
and the Site Plan and Design Drawings previously submitted to the EDA and shall provide for
design, quality, materials, building finishes, site substantially similar to those which were
presented to the EDA and shared publicly in connection with the Developer’s request for tax
increment financing assistance and identified on the preliminary building plans and site layout.
The EDA 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 EDA will
not approve the Construction Plans unless: (i) the Construction Plans substantially conform to the
terms and conditions of this Agreement; (ii) the Construction Plans are consistent with the goals
and objectives of the Redevelopment Plan and the TIF Plan; (iii) the Construction Plans comply
with the Site Plan and Design Drawings; (iv) the Construction Plans do not violate any applicable
federal, State, or local laws, ordinances, rules or regulations; and (v) the Construction Plans
provided to the Authority are complete and final and meet all requirements necessary for the City
to issue a building permit. If the Construction Plans are not approved by the Authority, then the
Developer shall make such changes as the Authority may reasonably require and resubmit the
Construction Plans to the Authority for approval, which will not be unreasonably withheld,
unreasonably conditioned or unreasonably delayed. Upon execution of this Agreement by the
EDA, the Constructions Plans are considered approved by the Authority subject to Section 3.6(3)
hereof.
(2) No changes shall be made to the Construction Plans for the Project without the
EDA’s prior written approval, unless the aggregate of such changes does not increase or decrease
the Total Development Costs by more than 10%. No changes 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 EDA’s
prior written consent. The approval of the EDA will not be unreasonably withheld, conditioned,
or delayed.
(3) The approval of the Construction Plans, or any proposed amendment to the
Construction Plans, by the EDA does not constitute a representation or warranty by the EDA that
the Construction Plans or the Project comply with any applicable building code, health or safety
regulation, zoning regulation, environmental law or other law or regulation, or that the Project will
meet the qualifications for issuance of a certificate of occupancy, or that the Project will meet the
requirements of the Developer or any other users of the Project. Approval of the Construction
Plans, or any proposed amendment to the Construction Plans, by the EDA will not constitute a
waiver of an Event of Default or of any State or City building or other code requirements that may
apply. Nothing in this Agreement shall be construed to relieve the Developer of its obligations to
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receive any required approval of the Construction Plans from any City department and does not
relieve the Developer of the obligation to comply with applicable federal, State and local laws,
ordinances, rules and regulations, or to construct the Project in accordance therewith The
Developer understands, represents, warrants, and agrees that the creation of the TIF District and
the execution and delivery of this Agreement are separate and distinct from the City’s applicable
zoning, subdivision and building code laws and ordinances, planning process, and construction
permit review process.
Section 3.7. 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 June 30, 2023 and shall substantially complete the Project by
December 31, 2024. Notwithstanding the foregoing, failure of the Developer to commence
construction or substantially complete the Project shall not be an Event of Default hereunder unless
the Developer fails to commence construction of the Project by June 30, 2023 or the Developer
fails to obtain a certificate of occupancy for the Project by December 31, 2024. The Project will
be constructed by the Developer on the Development Property in conformity with the Construction
Plans approved by the EDA. Prior to completion, upon the request of the EDA, and subject to
applicable safety rules, the Developer will provide the EDA reasonable access to the Development
Property. “Reasonable access” means at least one site inspection per week during regular business
hours. During construction, marketing and rentals of the Project, the Developer will deliver
progress reports to the EDA from time to time as reasonably requested by the EDA.
Section 3.8. Certificate of Completion. The Developer shall notify the EDA when
construction of the Project has been substantially completed. The EDA shall inspect the Project
in order to determine whether the Project has been constructed in substantial conformity with the
approved Construction Plans and this Agreement. If the EDA determines that the Project has not
been constructed in substantial conformity with the approved Construction Plans and this
Agreement, the EDA 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 this Agreement and Developer shall have a reasonable
period of time to remedy such deficiencies. The EDA shall re-inspect the Project within a
reasonable period of time after receiving notice that such deficiencies have been remedied in order
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
and this Agreement, the EDA will furnish to the Developer a Certificate of Completion
substantially in the form attached hereto as Exhibit G 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 under this Agreement shall not be
construed to relieve the Developer of any approval required by any City department in connection
with the construction, completion or occupancy of the Project nor shall it relieve the Developer of
any other obligations under this Agreement.
Section 3.9. Encumbrance of the Development Property. Until the Final Payment Date,
without the prior written consent of the EDA, neither the Developer nor any successor in interest
to the Developer will engage in any financing or any other transaction creating any mortgage or
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other encumbrance or lien upon the Development Property, or portion thereof, whether by express
agreement or operation of law, or suffer any encumbrance or 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 and construction of the Project (including, but not limited
to, land and building acquisition, labor 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 5.3 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 5.3. The EDA
hereby consents to any mortgages securing the Developer’s construction financing for the Project
including the mortgage in favor of the Construction Lender and to the mortgage securing the
permanent loans in favor of Minnesota Housing Finance Authority and to the succession of such
mortgagees 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 Encumbrances set forth in Exhibit F; provided, however, this provision shall not be
considered a waiver of the requirements of Section 5.3 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 EDA in the event that 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, does not otherwise comply with this Agreement.
The limitations of the use of the Development Property set forth in Sections 3.3 and 5.1 of
this Agreement shall be subordinate to the mortgage securing the permanent loans in favor of the
Permanent Lender. As a result, in the event of foreclosure, deed in lieu of foreclosure, or similar
disposition of the Development Property by Permanent Lender and to the succession of such
mortgagees 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, the Permanent
Lender and such successors shall not be required to comply with Sections 3.3 and 5.1 hereof.
Notwithstanding the foregoing, nothing shall limit the EDA’s rights and remedies hereunder,
including but not limited to terminating the TIF Note.
Section 3.10. Business Subsidy Act. The subsidy granted to the Developer pursuant to
this Agreement is assistance for housing and therefore the provisions of Minnesota Statutes,
Sections 116J.993 to 116J.995 do not apply. No portion of the tax increment assistance shall be
used to construct any commercial space.
Section 3.11. Right to Collect Delinquent Taxes. The Developer acknowledges that the
EDA is providing substantial aid and assistance in furtherance of the Project through
reimbursement of Public Development Costs. To that end, the Developer agrees for 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 of the EDA through the Termination Date to
sue the Developer or its successors and assigns, to collect delinquent real estate taxes related to
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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 EDA is the prevailing party, the EDA
shall also be entitled to recover its costs, expenses, and reasonable attorney fees.
Section 3.12. Review 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 property 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 Minn. Stat., Section 273.13, subdivision 25 (“4d Classification”).
(2) Other than 4d Classification, the Developer shall notify the EDA 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 EDA will withhold the Pledged Tax Increment related
to property taxes paid with respect to the market value of the Development Property being
challenged as part of the Tax Appeal as determined by the EDA in its sole discretion. The EDA
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 Pledged Tax Increment, as applicable,
attributable to the disputed tax payments is finalized.
(3) If the Development Property qualifies for 4d Classification and Minn. Stat. 273.13,
subdivision 25 or any applicable successor statute is further amended to reduce the 4d
Classification tax rate, the Developer acknowledges that the amount of Tax Increments may be
negatively impacted.
Section 3.13. Execution of Assessment Agreement.
(1) The Developer and the EDA 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
property taxes. Specifically, the Developer shall agree to a minimum market value for the
Development Property as of January 2, 2024 of $2,827,500, a minimum market value for the
Development Property as of January 2, 2025 of $8,482,500, and a minimum market value for the
Development Property as of January 2, 2026 of $11,310,000 (collectively the “Minimum Market
Value”).
(2) Nothing in the Assessment Agreement or this Agreement limits the discretion of
the County Assessor to assign a market value to the property 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
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Developer shall not seek a reduction 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 earlier of (i) January 31,
2035 with respect to taxes payable in 2036, or (ii) the date on which the TIF District expires or is
otherwise terminated.
(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 Property 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 or 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 Developer shall cause the Assessment Agreement to be recorded, at the
Developer’s sole cost, against the Development Property upon execution of this Agreement and
prior to any lien or encumbrance on the Development Property, including any mortgage.
Section 3.14. Insurance.
(1) The Developer will provide and maintain at all times during the process of constructing
the Project an All Risk Broad Form Basis Insurance Policy and, from time to time during that
period, at the request of the EDA, furnish the EDA with proof of payment of premiums on policies
covering the following:
(a) Builder’s risk insurance, written on the so-called “Builder’s
Risk -- Completed Value Basis,” in an amount equal to one hundred percent (100%) of the
insurable value of the Project at the date of completion, and with coverage available in
nonreporting form on the so-called “all risk” form of policy;
(b) Comprehensive general liability insurance (including operations,
contingent liability, operations of subcontractors, completed operations and contractual
liability insurance) together with an Owner’s Policy with limits against bodily injury and
property damage of not less than $1,000,000 for each occurrence (to accomplish the above-
required limits, an umbrella excess liability policy may be used); and
(c) Workers’ compensation insurance, with statutory coverage.
(2) Upon completion of construction of the Project and prior to the Termination Date,
the Developer shall maintain, or cause to be maintained, at its cost and expense, and from time to
time at the request of the EDA shall furnish proof of the payment of premiums on, insurance as
follows:
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(a) Insurance against loss and/or damage to the Project under a policy or
policies covering such risks as are ordinarily insured against by similar businesses.
(b) Comprehensive general public liability insurance, including personal
injury liability, against liability for injuries to persons and/or property, in the minimum
amount for each occurrence and for each year of $1,000,000.
(c) Such other insurance, including workers' compensation insurance
respecting all employees of the Developer, in such amount as is customarily carried by
like organizations engaged in like activities of comparable size and liability exposure;
provided that the Developer may be self-insured with respect to all or any part of its
liability for workers' compensation.
(3) All insurance required in this Section shall be taken out and maintained in
responsible insurance companies selected by the Developer that are authorized under the laws of
the State to assume the risks covered thereby.
(4) The Developer agrees to notify the EDA immediately in the case of damage prior
to the Termination Date exceeding $100,000 in amount to, or destruction of, the Project or any
portion thereof resulting from fire or other casualty. Subject to the terms of any mortgage or other
security instrument encumbering the Project, in such event the Developer will forthwith repair,
reconstruct, and restore the Project to substantially the same or an improved condition or value as
it existed prior to the event causing such damage and, to the extent necessary to accomplish such
repair, reconstruction, and restoration, the Developer will apply the net proceeds of any insurance
relating to such damage received by the Developer to the payment or reimbursement of the costs
thereof. The Developer shall complete the repair, reconstruction and restoration of the Project,
regardless of whether the net proceeds of insurance received by the Developer for such purposes
are sufficient to pay for the same. Any net proceeds remaining after completion of such repairs,
construction, and restoration shall be the property of the Developer.
(5) Notwithstanding anything to the contrary contained in this Agreement, in the event
of damage to the Project in excess of $100,000 and the Developer fails to complete any repair,
reconstruction or restoration of the Project within one year from the date of damage, the EDA may,
at its option, terminate the TIF Note. Thereafter, the EDA shall have no further obligations to
make any payments under the TIF Note.
(6) The Developer and the EDA agree that all of the insurance provisions set forth in
this Section 3.14 shall terminate upon the termination of this Agreement.
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ARTICLE IV
EVENTS OF DEFAULT
Section 4.1. Events of Default Defined. The following shall be “Events 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:
(1) Failure by the Developer to timely pay any ad valorem real property taxes assessed
with respect to the Development Property.
(2) Subject to Unavoidable Delays, failure by the Developer to commence construction
of the Project by June 30, 2023, and to proceed with due diligence to substantially complete the
construction of the Project pursuant to the terms, conditions and limitations of this Agreement and
obtain a certificate of occupancy from the City by December 31, 2024.
(3) Failure of the Developer to observe or perform any other material covenant,
condition, obligation, or agreement on its part to be observed or performed under the Assessment
Agreement or this Agreement, including, without limitation, compliance with the requirements set
forth in Section 3.3 hereof.
(4) 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 as 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, or 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.
Section 4.2. Remedies on Default. Whenever any Event of Default referred to in Section
4.1 occurs and is continuing, the EDA, 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 assurances
reasonably satisfactory to the EDA that it is proceeding with due diligence to cure such default,
such 30 day cure period shall be extended for a period deemed reasonably necessary by the EDA
to effect the cure, but in any event not to exceed 180 days:
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(1) The EDA may suspend its performance under this Agreement and the TIF Note
until such default is cured or the EDA determines that it has received adequate assurances from
the Developer 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 EDA may terminate this Agreement and/or cancel the TIF Note.
(3) The EDA 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 lenders providing
construction or permanent financing for the Project and the investor member of Developer shall
have the right, but not the obligation, to cure an Event of Default during the cure period provided
for the Developer and such cure shall be deemed to have been made by Developer hereunder. A
copy of all notices of Events of Default shall be sent to the investor member of Developer, the
Construction Lender, Permanent Lender and Developer at the addresses below.
Wells Fargo Community Investment Holdings, LLC
MAC D1086-239
550 South Tryon Street, 23rd Floor
Charlotte, NC 28202-4200
Attn: Director of Asset Management
Wells Fargo Bank, National Association
550 S. Tryon Street
23rd Floor, D1086-239
Charlotte, NC 28202-4200
Loan No. 1021174
Attn: Manager, Deal Management
Minnesota Housing Finance Agency
400 Wabasha Street North, Suite 400
St. Paul, MN 55102-1109
Attn: Assistant Commissioner, Multifamily
Section 4.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the
EDA 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 4.4. No Implied Waiver. In the event any agreement contained in this
Agreement should be breached by any party and thereafter waived by any other party, such waiver
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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 4.5. Indemnification of EDA.
(1) The Developer releases from and covenants and agrees that the City, EDA, and
their governing bodies’ 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, or any other loss,
cost expense, or 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 from 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 5.00% per annum
from the date such loss is incurred or penalty is paid by the EDA) as a result of the Project failing
to cause the TIF District to qualify as a “housing district” under Section 469.174, Subdivision 11,
of the Act, or to violate limitations as to the use of Tax Increments as set forth in Section 469.176,
subd. 4d of the TIF Act.
(3) All covenants, stipulations, promises, agreements, and obligations of the EDA
contained herein shall be deemed to be the covenants, stipulations, promises, agreements, and
obligations of the EDA and not of any governing body member, officer, agent, servant, or
employee of the EDA or the City, as the case may be.
(4) Nothing in this Agreement shall be construed as a limitation of or waiver by the
City or the EDA of any immunities, defenses, or other limitations on liability to which the City or
the EDA is entitled by law, including but not limited to the maximum monetary limits on liability
established by Minnesota Statutes, Chapters 466 or 604.
Section 4.6. Reimbursement of Attorneys’ Fees. If an Event of Default referred to in
Section 4.1 occurs, and the EDA 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 Agreement, the Developer
will within 30 days reimburse the EDA for the reasonable fees of such attorneys and such other
reasonable expenses so incurred.
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ARTICLE V
ADDITIONAL PROVISIONS
Section 5.1. Restrictions 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 rental housing development in accordance with this Agreement until the Termination
Date and until the end of the Qualified Project Period.
Section 5.2. Reports. The Developer shall provide the EDA reports in a timely manner
with such information about the Project as the EDA may reasonably request for purposes of
satisfying any reporting requirements imposed by law on the EDA.
Section 5.3. Limitations on Transfer and Assignment.
(1) Except as provided in Sections 3.9 and 5.3(4), 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, or any interest therein, without the
express written approval of the EDA, which consent will not be unreasonably withheld,
conditioned, or delayed. Notwithstanding the foregoing or anything to the contrary set forth
herein, the transfer of membership interests within the Developer shall not be deemed a “Transfer”
hereunder and shall be permitted without the consent or approval of the EDA. The EDA shall,
within a reasonable period 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 5.3(2). The provisions of this Section 5.3
apply to all subsequent Transfers by authorized transferees;
(2) The EDA shall be entitled to require, as conditions to any approval of any Transfer
of this Agreement, the Development Property, the Project, or the TIF Note in connection therewith,
which approval will not be unreasonably withheld, conditioned, or delayed, that:
(a) Any proposed transferee shall have the qualifications and financial
responsibility, as determined by the EDA, 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 EDA
shall, for itself and its successors and assigns, and expressly for the benefit of the EDA 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 EDA for review all instruments and other
legal documents involved in effecting transfer, and if approved by EDA, 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
EDA the Acknowledgment Regarding TIF Note in the form included in Exhibit 2 to the
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TIF Note and (ii) surrender the TIF Note to the EDA 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 EDA;
(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 EDA to the contrary,
no such transfer or approval by the EDA 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 EDA,
including fees of the EDA Attorney’s office and outside counsel retained by the EDA to review
the documents submitted to the EDA 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, or (ii) entering into easements or other
agreements necessary for the construction or operation of the Project.
(5) The Authority consents to the assignment of this Agreement, including the TIF
Note when issued, as provided in the Construction Lender Collateral Assignment and the
Permanent Lender Collateral Assignment and subject to the provisions of the TIF Note, including
the execution and delivery by the Construction Lender of Exhibit 1 to the TIF Note provided that
the (i), such consent and the interests of the Construction Lender and the Permanent Lender
thereunder shall only be effective upon satisfaction of each of the conditions set forth in the
Construction Lender Collateral Assignment and the Permanent Lender Collateral Assignment, as
and when applicable, and shall terminate as provided in the Construction Lender Collateral
Assignment and the Permanent Lender Collateral Assignment; (ii) if the TIF Note is delivered
prior to the termination of construction financing, the TIF Note shall be initially registered in the
name of the Construction Lender, upon termination of the Construction Lender Collateral
Assignment, the Authority consents to the collateral assignment of the TIF Note as provided in the
Permanent Lender Collateral Assignment provided that the TIF Note shall be delivered to the
Authority in escrow to be re-registered by the Authority in the name of the Developer; and (iii) if
the TIF Note is not delivered prior to the termination of the construction financing, the TIF Note
shall be registered in the name of the Developer and delivered to the Developer.
Section 5.4. Conflicts of Interest. No member of the governing body or other official of
the EDA shall have any financial interest, direct or indirect, in this Agreement, the Development
Property or 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 EDA shall be personally
liable to the EDA in the event of any default or breach by the Developer or successor or on any
obligations under the terms of this Agreement.
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Section 5.5. 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 5.6. Notices 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 be sufficiently given or delivered if it is dispatched by registered or certified mail,
postage prepaid, return receipt requested, or delivered personally, and
(a) in the case of the Developer is addressed to or delivered personally to:
Crystal Housing Group, LLC
366 10th Avenue South, PO Box 727
Waite Park, MN56387
Attn: Chief Manager
With copies to:
Wells Fargo Community Investment Holding, LLC
550 South Tryon Street, 23rd Floor
MAC D1086-239
Charlotte, NC 28202-4200
Attn: Director of Asset Management
Minnesota Housing Finance Agency
400 Wabasha Street North, Suite 400
St. Paul, MN 55102-1109
Attn: Assistant Commissioner, Multifamily
(b) in the case of the EDA is addressed to or delivered personally to the EDA at:
Economic Development Authority of the City of Crystal
4141 Douglas Drive N.
Crystal, MN 55422
Attn: Community Development Director
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.
Section 5.7. 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 5.8. Counterparts. This Agreement may be executed in any number of
counterparts, each of which shall constitute one and the same instrument.
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Section 5.9. Law Governing. This Agreement will be governed and construed in
accordance with the laws of the State.
Section 5.10. Term; Termination. Unless this Agreement is terminated earlier in
accordance with its terms this Agreement shall terminate on the Termination Date. After the
Termination Date, if requested by the Developer, the EDA will provide a termination certificate
as to the Developer’s obligations hereunder.
Section 5.11. Provisions Surviving Rescission, Expiration or Termination. Sections 3.4,
4.5 and 4.6 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 thereof.
Section 5.12. Superseding Effect. This Agreement reflects the entire agreement of the
parties with respect to the development of the Development Property and supersedes in all respects
all prior agreements of the parties, whether written or otherwise, with respect to the development
of the Development Property.
Section 5.13. Relationship of Parties. Nothing in this Agreement is intended, or shall be
construed, to create a partnership or joint venture among or between the parties hereto, and the
rights and remedies of the parties hereto shall be strictly as set forth in this Agreement. All
covenants, stipulations, promises, agreements, and obligations of the EDA contained herein shall
be deemed to be the covenants, stipulations, promises, agreements, and obligations of the EDA
and not of any governing body member, officer, agent, servant, or employee of the City or the
EDA.
Section 5.14. 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 EDA with respect to or arising from any provision
contained in this Agreement shall be initiated, filed, and venued exclusively in the State of
Minnesota, Hennepin County, District Court and shall not be removed therefrom to any other
federal or State court.
Section 5.15. Interpretation; Concurrence. The language in this Agreement shall be
construed simply according to its generally understood meaning, and not strictly for or against any
party and no interpretation shall be affected by which party drafted any part of this Agreement. By
executing this Agreement, the parties acknowledge that they (a) enter into and execute this
Agreement knowingly, voluntarily and willingly of their own volition with such consultation with
legal counsel as they deem appropriate; (b) have had a sufficient amount of time to consider this
Agreement’s terms and conditions, and to consult an attorney before signing this Agreement; (c)
have read this Agreement, understand all of its terms, appreciate the significance of those terms
and have made the decision to accept them as stated herein; and (d) have not relied upon any
representation or statement not set forth herein.
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IN WITNESS WHEREOF, the EDA has caused this Agreement to be duly executed in its
name and on its behalf, and the Developer has caused this Agreement to be duly executed in its
name and on its behalf, on or as of the date first above written.
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
By _________________________________
Name: Therese Kiser
Its: President
By _________________________________
Name: Adam R. Bell
Its: Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2023 by _______________, the President of the Economic Development Authority of the City of
Crystal, Minnesota on behalf of the EDA.
________________________________
Notary P ublic
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2023 by _______________, the Executive Director of the Economic Development Authority of
the City of Crystal, Minnesota on behalf of the EDA.
________________________________
Notary Public
This is a signature page to the TIF Assistance Agreement.
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CRYSTAL HOUSING GROUP, LLC,
a Minnesota limited liability company
By: Crystal Housing Partners, LLC
Its: Manager
By: ____________________________
Name: James J. Thelen
Its: Secretary/Treasurer
STATE OF MINNESOTA )
) SS.
COUNTY OF _______________ )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2023 by James J. Thelen, the Secretary/Treasurer Crystal Housing Partners, LLC, the Manager of
Crystal Housing Group, LLC on behalf of the company.
________________________________
Notary Public
This is a signature page to the TIF Assistance Agreement.
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EXHIBIT A
DESCRIPTION OF TIF DISTRICT
The area encompassed by the TIF District shall include the property described below and all
adjacent or internal roads and all street or utility rights-of-way.
Parcel ID #s:
09-118-21-22-0030,
09-118-21-22-0031,
09-118-21-22-0032,
09-118-21-22-0033
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EXHIBIT B
LEGAL DESCRIPTION OF DEVELOPMENT PROPERTY
Lot 1, Block 1 of Crystal Housing Group Addition
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EXHIBIT C
PUBLIC DEVELOPMENT COSTS
Land acquisition
Foundations and footings
Environmental testing
Soil borings
Site grading and improvements
Underground and above ground utilities
All rental housing construction costs eligible for reimbursement under the TIF Act
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EXHIBIT D
FORM OF TAXABLE TIF NOTE
No. R-1 $[389,000]
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF HENNEPIN
CITY CRYSTAL, MINNESOTA
TAXABLE TAX INCREMENT REVENUE NOTE
(SAND HOUSING PROJECT)
___________, 20__
The EDA of Crystal, Minnesota (the “EDA”), hereby acknowledges itself to be indebted
and, for value received, hereby promises to pay the amounts hereinafter described (the “Payment
Amounts”) to Crystal Housing Group, LLC, a Minnesota limited liability company or its registered
assigns (the “Registered Owner”), the principal amount of ______________and no/100’s dollars
($_______), but only in the manner, at the times, from the sources of revenue, and to the extent
hereinafter provided.
This Note is issued pursuant to that certain TIF Assistance Agreement, dated as of ______,
2023, as the same may be amended from time to time (the “TIF Assistance Agreement”), by and
between the EDA and Crystal Housing Group, LLC (the “Developer”). Unless otherwise defined
herein or unless context requires otherwise, undefined terms used herein shall have the meanings
set forth in the TIF Assistance Agreement.
The outstanding and unpaid principal amount of this Note shall bear simple, non-
compounding interest at the rate equal to [__]% (which is the lesser of 4.625% per annum or the
rate per annum on the Developer’s first mortgage financing for the Project); provided that no
interest shall accrue on this Note during any period that an Event of Default has occurred, and such
Event of Default is continuing, under the TIF Assistance Agreement and EDA has exercised its
remedy under the TIF Assistance Agreement to suspend payment on the Note. Interest shall be
computed on the basis of a 360-day year of twelve 30-day months.
The amounts due under this Note shall be payable on August 1, 2025 and on each February
1 and August 1 thereafter to and including the earliest of (i) the date on which the entire principal
and accrued interest on the TIF Note has been paid in full; or (ii) February 1, 2035; or (iii) any
earlier date the TIF Assistance Agreement or this Note is cancelled in accordance with the terms
of the TIF Assistance Agreement or deemed paid in full; or (iv) the February 1 following the date
the TIF District is terminated in accordance with the TIF Act (the “Final Payment Date”) or, if the
first should not be a Business Day (as defined in the TIF Assistance Agreement) the next
succeeding Business Day (collectively, the “Payment Dates”). On each Payment Date, the EDA
shall pay by check or draft mailed to the person that was the Registered Owner of this Note at the
close of the last Business Day preceding such Payment Date an amount equal to 90% of the Tax
Increments (as hereinafter defined) received by the EDA during the 6-month period preceding
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such Payment Date (“Pledged Tax Increments”). “Tax Increments” are the tax increments derived
from the Development Property (as defined in the TIF Assistance Agreement) and the
improvements thereon which have been received and are permitted to be retained by the EDA in
accordance with the Minnesota Statutes, Sections 469.174 through 469.1794, as the same may be
amended or supplemented from time to time (the “TIF Act”) including, without limitation,
Minnesota Statutes, Sections 469.177; 469.176, Subd. 4h; and 469.175, Subd. 1a, as the same may
be amended from time to time. Payments on this Note shall be payable solely from the Pledged
Tax Increments. All payments made by the EDA under this Note shall first be applied to accrued
interest and then to principal. If Pledged Tax Increments are insufficient to pay any accrued
interest due, such unpaid interest shall be carried forward without interest.
This Note shall terminate and be of no further force and effect following the Final Payment
Date defined above, or any date upon which the EDA shall have terminated the TIF Assistance
Agreement under Section 4.2 thereof or on the date that all principal and interest payable hereunder
shall have been or deemed paid in full, whichever occurs earliest. This Note may be prepaid in
whole or in part at any time without penalty.
The EDA makes no representation or covenant, express or implied, that the Pledged Tax
Increments will be sufficient to pay, in whole or in part, the amounts which are or may become
due and payable hereunder. There are risk factors in the amount of Tax Increments that may
actually be received by the EDA and some of those factors are listed on the attached Exhibit 1.
The Registered Owner acknowledges these risk factors and understands and agrees that payments
by the EDA under this Note are subject to these and other factors.
The EDA’s payment obligations hereunder are subject to Sections 3.2(10) of the TIF
Assistance Agreement and shall be further subject to the conditions that (i) no Event of Default
under Section 4.1 of the TIF Assistance Agreement shall have occurred and be continuing at the
time payment is otherwise due hereunder, including without limitation failure to obtain the
Compliance Certificate in accordance with Section 3.3 of the TIF Assistance Agreement (as
defined therein), and (ii) the TIF Assistance Agreement shall not have been terminated pursuant
to Section 4.2, and (iii) all conditions set forth in Section 3.2(2) of the TIF Assistance Agreement
have been satisfied as of such date. Any such suspended and unpaid amounts shall become
payable, without interest accruing thereon in the meantime, if this Note has not been terminated in
accordance with Section 4.2 of the TIF Assistance Agreement and said Event of Default shall
thereafter have been cured in accordance with Section 4.2. If pursuant to the occurrence of an
Event of Default under the TIF Assistance Agreement the EDA elects, in accordance with the TIF
Assistance Agreement to cancel and rescind the TIF Assistance Agreement and/or this Note, the
EDA shall have no further debt or obligation under this Note whatsoever. Reference is hereby
made to all of the provisions of the TIF Assistance Agreement, for a fuller statement of the rights
and obligations of the EDA to pay the principal of this Note and the interest thereon, and said
provisions are hereby incorporated into this Note as though set out in full herein.
THIS NOTE IS A SPECIAL, LIMITED REVENUE OBLIGATION OF THE EDA
AND NOT A GENERAL OBLIGATION OF THE EDA OR THE CITY AND IS PAYABLE
BY THE EDA ONLY FROM THE SOURCES AND SUBJECT TO THE
QUALIFICATIONS STATED OR REFERENCED HEREIN. THIS NOTE IS NOT A
GENERAL OBLIGATION OF THE EDA, AND THE FULL FAITH AND CREDIT AND
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TAXING POWERS OF THE EDA OR CITY ARE NOT PLEDGED TO THE PAYMENT
OF THE PRINCIPAL OF OR INTEREST ON THIS NOTE AND NO PROPERTY OR
OTHER ASSET OF THE EDA OR THE CITY, SAVE AND EXCEPT THE
ABOVE-REFERENCED PLEDGED TAX INCREMENTS, IS OR SHALL BE A SOURCE
OF PAYMENT OF THE EDA’S OBLIGATIONS HEREUNDER.
The Registered Owner shall never have or be deemed to have the right to compel any
exercise of any taxing power of the EDA or of any other public body, and neither the EDA nor
any person executing or registering this Note shall be liable personally hereon by reason of the
issuance or registration thereof or otherwise.
This Note is issued by the EDA in aid of financing a project pursuant to and in full
conformity with the Constitution and laws of the State of Minnesota, including the TIF Act.
This Note may be assigned only as provided in Section 5.3 of the TIF Assistance
Agreement and subject to the assignee executing and delivering to the EDA the Acknowledgment
Regarding TIF Note in the form included in Exhibit 2. Additionally, in order to assign the Note,
the assignee shall surrender the same to the EDA either in exchange for a new fully registered note
or for transfer of this Note on the registration records maintained by the EDA for the Note. Each
permitted assignee shall take this Note subject to the foregoing conditions and subject to all
provisions stated or referenced herein.
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 have happened, and to be
performed precedent to and in the issuance of this Note have been done, have happened, and have
been performed in regular and due form, time, and manner as required by law; and that this Note,
together with all other indebtedness of the EDA outstanding on the date hereof and on the date of
its actual issuance and delivery, does not cause the indebtedness of the EDA to exceed any
constitutional or statutory limitation thereon.
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IN WITNESS WHEREOF, the Economic Development Authority of the City of Crystal,
Minnesota by its Commission, has caused this Note to be executed by the manual signatures of its
President and Executive Director and has caused this Note to be issued on and dated as of the date
first written above.
ECONOMIC DEVELOPMENT AUTHOIRTY
OF THE CITY OF CRYSTAL, MINNESOTA
By______________________________________
Its President
By ____________________________________
Its
Signature Page for Tax Increment Revenue Note (Sand Housing Project)
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CERTIFICATION OF REGISTRATION
It is hereby certified that the foregoing Note, as originally issued on the date first written above,
was on said date registered in the name of Crystal Housing Group, LLC , a Minnesota limited
liability company, and that, at the request of the Registered Owner of this Note, the undersigned
has this day registered the Note in the name of such Registered Owner, as indicated in the
registration blank below, on the books kept by the undersigned for such purposes.
NAME AND ADDRESS OF
REGISTERED OWNER
DATE OF
REGISTRATION
SIGNATURE OF
ASSISTANT TREASURER
Crystal Housing Group, LLC
[ADDRESS]
[CITY, STATE, ZIP]
_________, 20__
___________________
____________________
____________________
____________________
____________________
_________, 20__
___________________
____________________
____________________
____________________
____________________
_________, 20__
___________________
**This Note has been collaterally assigned pursuant to Construction Lender Collateral Assignment
and the Permanent Lender Collateral Assignment, attached hereto and pursuant to such
agreements, the payments on this Note will be made to the initial Registered Owner until the
Authority receives contrary notice and direction in accordance with such agreements and this Note
is delivered to the Authority for registration in the name of the applicable assignee thereunder.
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Exhibit 1
to Taxable TIF Note
RISK FACTORS
Risk factors on the amount of Tax Increments that may actually be received by the EDA
include but are not limited to the following:
1. Value of Project. If the contemplated Project (as defined in the TIF Assistance
Agreement) constructed in the tax increment financing district is completed at a lesser level of
value than originally contemplated, it will generate fewer taxes and fewer tax increments than
originally contemplated.
2. Damage or Destruction. If the Project is damaged or destroyed after completion,
their value will be reduced, and taxes and tax increments will be reduced. Repair, restoration, or
replacement of the Project may not occur, may occur after only a substantial time delay, or may
involve property with a lower value than the Project, all of which would reduce taxes and tax
increments.
3. Change in Use to Tax-Exempt. The Project could be acquired by a party that
devotes it to a use which causes the property to be exempt from real property taxation. Taxes and
tax increments would then cease.
4. Depreciation. The Project could decline in value due to changes in the market for
such property or due to the decline in the physical condition of the property. Lower market
valuation will lead to lower taxes and lower tax increments.
5. Non-payment of Taxes. If the property owner does not pay property taxes, either
in whole or in part, the lack of taxes received will cause a lack of tax increments. The Minnesota
system of collecting delinquent property taxes is a lengthy one that could result in substantial
delays in the receipt of taxes and tax increments, and there is no assurance that the full amount of
delinquent taxes would be collected. Amounts distributed to taxing jurisdictions upon a sale
following a tax forfeiture of the property are not tax increments.
6. Reductions in Taxes Levied. If property taxes are reduced due to decreased
municipal levies, taxes and tax increments will be reduced. Reasons for such reduction could
include lower local expenditures or changes in state aids to municipalities. For instance, in 2001
the Minnesota Legislature enacted an education funding reform that involved the state increasing
school aid in lieu of the local general education levy (a component of school district tax levies).
7. Reductions in Tax Capacity Rates. The taxable value of real property is determined
by multiplying the market value of the property by a tax capacity rate. Tax capacity rates vary by
certain categories of property; for example, the tax capacity rates for residential homesteads are
currently less than the tax capacity rates for commercial and industrial property. In 2001 the
Minnesota Legislature enacted property tax reform that lowered various tax capacity rates to
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“compress” the difference between the tax capacity rates applicable to residential homestead
properties and commercial and industrial properties.
8. Changes to Local Tax Rate. The local tax rate to be applied in the tax increment
financing district is the lower of the current local tax rate or the original local tax rate for the tax
increment financing district. In the event that the Current Local Tax Rate is higher than the
Original Local Tax Rate, then the “excess” or difference that comes about after applying the lower
Original Local Tax Rate instead of the Current Local Tax Rate is considered “excess” tax
increment and is distributed by Hennepin County to the other taxing jurisdictions and such amount
is not available to the EDA as tax increment.
9. Legislation. The Minnesota Legislature has frequently modified laws affecting real
property taxes, particularly as they relate to tax capacity rates and the overall level of taxes as
affected by state aid to municipalities.
10. Affordable Housing Declaration. The TIF District will cease to qualify as a housing
tax increment financing district and the TIF Note will terminate if the Project ceases to be operated
in accordance with this Agreement.
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Exhibit 2
to Taxable TIF Note
ACKNOWLEDGMENT REGARDING TIF NOTE
The undersigned, ______________ a ___________ (“Note Holder”), hereby certifies and
acknowledges that:
A. On the date hereof the Note Holder has [acquired from]/[made a loan (the “Loan”)
[to/for the benefit] of] Crystal Housing Group, LLC (the “Developer”) [secured in part by] the
Taxable Tax Increment Revenue Note (Crystal Sands Housing Project), a pay-as-you-go tax
increment revenue note (the “Note”) in the original principal amount of [up to] $[386000] [dated
__________, 20___ of]/[to be issued by] the Economic Development Authority of the City of
Crystal , Minnesota (the “EDA”).
B. The Note Holder has had the opportunity to ask questions of and receive from the
Developer all information and documents concerning the Note as it requested and has had access
to any additional information the Note Holder thought necessary to verify the accuracy of the
information received. In determining to [acquire the Note]/[make the Loan], the Note Holder has
made its own determinations and has not relied on the EDA or information provided by the EDA.
C. The Note Holder represents and warrants that:
1. The Note Holder is acquiring [the Note]/[an interest in the Note as collateral
for the Loan] for investment and for its own account, and without any view to resale or
other distribution.
2. The Note Holder has such knowledge and experience in financial and
business matters that it is capable of evaluating the merits and risks of acquiring [the
Note]/[an interest in the Note as collateral for the Loan].
3. The Note Holder understands that the Note is a security which has not been
registered under the Securities Act of 1933, as amended, or any state securities law, and
must be held until its sale is registered or an exemption from registration becomes
available.
4. The Note Holder is aware of the limited payment source for the Note and
interest thereon and risks associated with the sufficiency of that limited payment source.
5. The Note Holder is [a bank or other financial institution] / [the owner of the
property from which the tax increments which are pledged to the Note are generated].
D. The Note Holder understands that the Note is payable solely from certain tax
increments derived from certain properties located in a tax increment financing district, if and as
received by the EDA. The Note Holder acknowledges that the EDA has made no representation
or covenant, express or implied, that the revenues pledged to pay the Note will be sufficient to pay,
in whole or in part, the principal and interest due on the Note. Any amounts which have not been
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paid on the Note on or before the final maturity date of the Note shall no longer be payable, as if
the Note had ceased to be an obligation of the EDA. The Note Holder understands that the Note
will never represent or constitute a general obligation, debt or bonded indebtedness of the EDA or
the City of Crystal, Minnesota (the “City”), the State of Minnesota, or any political subdivision
thereof and that no right will exist to have taxes levied by the EDA, the City, the State of
Minnesota, or any political subdivision thereof for the payment of principal and interest on the
Note.
E. The Note Holder understands that the Note is payable solely from certain tax
increments, which are taxes received on improvements made to certain property (the “Project”) in
a tax increment financing district from the increased taxable value of the property over its base
value at the time that the tax increment financing district was created, which base value is called
“original net tax capacity”. There are risk factors in relying on tax increments to be received,
which include, but are not limited to, the following:
1. Value of Project. If the contemplated Project constructed in the tax
increment financing district is completed at a lesser level of value than originally
contemplated, it will generate fewer taxes and fewer tax increments than originally
contemplated.
2. Damage or Destruction. If the Project is damaged or destroyed after
completion, their value will be reduced, and taxes and tax increments will be reduced.
Repair, restoration, or replacement of the Project may not occur, may occur after only a
substantial time delay, or may involve property with a lower value than the Project, all of
which would reduce taxes and tax increments.
3. Change in Use to Tax-Exempt. The Project could be acquired by a party
that devotes it to a use which causes the property to be exempt from real property taxation.
Taxes and tax increments would then cease.
4. Depreciation. The Project could decline in value due to changes in the
market for such property or due to the decline in the physical condition of the property.
Lower market valuation will lead to lower taxes and lower tax increments.
5. Non-payment of Taxes. If the property owner does not pay property taxes,
either in whole or in part, the lack of taxes received will cause a lack of tax increments.
The Minnesota system of collecting delinquent property taxes is a lengthy one that could
result in substantial delays in the receipt of taxes and tax increments, and there is no
assurance that the full amount of delinquent taxes would be collected. Amounts distributed
to taxing jurisdictions upon a sale following a tax forfeiture of the property are not tax
increments.
6. Reductions in Taxes Levied. If property taxes are reduced due to decreased
municipal levies, taxes and tax increments will be reduced. Reasons for such reduction
could include lower local expenditures or changes in state aids to municipalities. For
instance, in 2001 the Minnesota Legislature enacted an education funding reform that
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involved the state increasing school aid in lieu of the local general education levy (a
component of school district tax levies).
7. Reductions in Tax Capacity Rates. The taxable value of real property is
determined by multiplying the market value of the property by a tax capacity rate. Tax
capacity rates vary by certain categories of property; for example, the tax capacity rates for
residential homesteads are currently less than the tax capacity rates for commercial and
industrial property. In 2001 the Minnesota Legislature enacted property tax reform that
lowered various tax capacity rates to “compress” the difference between the tax capacity
rates applicable to residential homestead properties and commercial and industrial
properties.
8. Changes to Local Tax Rate. The local tax rate to be applied in the tax
increment financing district is the lower of the current local tax rate or the original local
tax rate for the tax increment financing district. In the event that the Current Local Tax
Rate is higher than the Original Local Tax Rate, then the “excess” or difference that comes
about after applying the lower Original Local Tax Rate instead of the Current Local Tax
Rate is considered “excess” tax increment and is distributed by Hennepin County to the
other taxing jurisdictions and such amount is not available to the EDA as tax increment.
9. Legislation. The Minnesota Legislature has frequently modified laws
affecting real property taxes, particularly as they relate to tax capacity rates and the overall
level of taxes as affected by state aid to municipalities.
10. Affordable Housing Declaration. The TIF District will cease to qualify as
a housing tax increment financing district and the TIF Note will terminate if the Project
ceases to be operated in accordance with the TIF Assistance Agreement defined below.
F. The Note Holder acknowledges that the Note was issued as part of a TIF Assistance
Agreement between the EDA and the Developer dated December ___, 2021 (“TIF Assistance
Agreement”), and that the EDA has the right to suspend payments under this Note and/or terminate
the Note upon an Event of Default under the TIF Assistance Agreement.
G. The Note Holder acknowledges that the EDA makes no representation about the
tax treatment of, or tax consequences from, the Note Holder’s acquisition of [the Note]/[an interest
in the Note as collateral for the Loan].
WITNESS our hand this ___ day of _______, 20__.
Note Holder:
_________________________
By ________________________
_________________________
Its ________________________
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EXHIBIT E
Certification of Tenant Eligibility
TENANT INCOME CERTIFICATION
Initial Certification Recertification Other
_______________
Effective Date: _________________________
Move-in Date: __________________________
(MM/DD/YY): _________________________
PART I. DEVELOPMENT DATA
Property Name:
Address:
____________Crystal, Minnesota
County:
Hennepin
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
4
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 INCOME (E): $
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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: $ $
Enter Column (H) Total Passbook Rate
if over $5,000 $________________ x 2.00 % = (J) Imputed Income
Enter the greater of the total column I, or J: imputed income TOTAL INCOME FROM ASSETS (K)
$
$
(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 for each
person(s) set forth in Part 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 or any new member moving in. I/we
agree to notify the landlord immediately upon any member becoming a full-time student.
Under penalties of perjury, 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
____________________
(Date)
_________________________
Signature
____________________
(Date)
_________________________
Signature
____________________
(Date)
_________________________
Signature
____________________
(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:
Yes No
Household Size at Move-in:
_____________
$
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PART VI. RENT
Not Applicable
PART VII. STUDENT STATUS
ARE ALL OCCUPANTS FULL-TIME
STUDENTS?
yes no
If yes, enter student explanation**
(also attach documentation)
Student explanation:
1. TANF assistance
2. Job training program
3. Single parent/dependent child
4. Married/joint return*
*Exception for married/joint return is the only exception available for units necessary to qualify tax-exempt bonds.
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 c. Tax Exempt d. AHDP e. ____________
(Name of Program)
See Part V above.
Income Status
Income Status
Income Status
Income Status
≤ 50% AMGI
≤ 60% AMGI
≤ 80% AMGI
≤ 0I **
50% AMGI
60% AMGI
80% AMGI
0I **
≤ 50% AMGI
≤ 80% AMGI
≤ 0I **
__________
__________
≤ 0I **
** 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/are 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
Enter
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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 Enter the date the tenant has or will take occupancy of the unit.
Effective Date Enter 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 (re)certification.
Property Name Enter the name of the development.
County Enter the county (or equivalent) in which the building is located.
BIN # Enter the Building Identification Number (BIN) assigned to the building
(from IRS Form 8609).
Address Enter the unit number.
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 Head of household S Spouse
A Adult co-tenant O Other family member
C Child F Foster child
L Live-in caretaker 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.
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Part III – Annual Income
See HUD Handbook 4350.3 for complete instructions on verifying and calculating income,
including acceptable forms 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) List the type of asset (i.e., checking account, savings account, etc.)
Column (G) 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).
Column (H) Enter the cash value of the respective asset.
Column (I) Enter the anticipated annual income from the asset (i.e., savings account
balance multiplied by the annual interest rate).
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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. Enter 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
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Certificate of
Continuing Program Compliance
Date: ___________________
The following information with respect to the Project located at 5240 West Broadway Avenue
in the City of Crystal , Minnesota (the “Project”), is being provided by Crystal Housing Group, LLC
(the “Owner”) to the Economic Development Authority of the City of Crystal , Minnesota (the
“EDA”), with respect to the Project:
(A) The total number of residential units which are available for occupancy is 58.
The total number of these units occupied is _____. The total number of these units occupied
or held open for occupancy by Qualifying Tenants is _________________ (at least 40%, 24
units).
(B) The vacancy rate at the Project in the last 12 months is ___%.
(C) The following residential units which are included in (D) below, have been
re-designated as residential units for “Qualifying Tenants,” as the term is defined in the TIF
Assistance Agreement since _______________, 20___, the date on which the last “Certificate
of Continuing Program Compliance” was filed with the EDA by the Owner:
Unit
Number
Previous Designation
of Unit (if any)
Replacing
Unit Number
___________ _________________ _________________
___________ _________________ _________________
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(D) The following residential units are considered to be occupied by Qualifying
Tenants based on the information set forth below (for a total of 24 units):
Unit
Number
Last
Name of
Tenant
Number
of
Persons
Residing
in the
Unit
Number
of
Bedrooms
Total
Adjusted
Gross
Income
Income
Qualification
Level (60%)
Date of
Initial
Occupancy
Date
Vacated and
Held for
Qualifying
Tenants, if
Applicable
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
(E) The Owner has obtained an initial “Certification of Tenant Eligibility,” from
each Tenant named in (D) above, and each such Certificate is being maintained by the Owner
in its records with respect to the Project. Attached hereto is the most recent initial
“Certification of Tenant Eligibility” for each Tenant named in (D) above who signed such a
Certification since ______________, 20___, the date on which the last “Certificate of
Continuing Program Compliance” was filed with the EDA by the Owner.
(F) In renting the residential 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 none of the units listed in (D) above have been rented for occupancy
entirely by students, no one of which is entitled to file a joint return for federal income tax
purposes. All of the residential units in the Project have been rented pursuant to a written
lease, and the term of each lease is at least 12 months for tenant’s first year of occupancy.
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(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
Owner 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 following transfers or other changes in ownership of the Project or any
interest therein have occurred in the last 12 months: [NONE] or [DESCRIBE]
(I) To the best knowledge of the person executing this certificate after due
inquiry, all the residential units were rented or available for rental on a continuous basis during
the year to members of the general public.
(J) The Owner certifies that as of the date hereof ___% of the residential dwelling
units in the Project are occupied or held open for occupancy by Qualifying Tenants, as defined
and provided in the TIF Assistance Agreement.
(K) The Project is in continuing compliance with the TIF Assistance Agreement.
IN WITNESS WHEREOF, I have hereunto affixed my signature, on behalf of the Owner, on
____________________, 20__.
CRYSTAL HOUSING GROUP, LLC
By: Crystal Housing Partners, LLC
Its: Manager
By: ____________________________
Its: ____________________________
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EXHIBIT F
PERMITTED ENCUMBRANCES
[INSERT]
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EXHIBIT G
CERTIFICATE OF COMPLETION OF PROJECT
__________, 20___
WHEREAS, the Economic Development Authority of the City of Crystal, Minnesota, a
public body corporate and politic under the laws of the State of Minnesota (the “EDA”), and
Crystal Housing Group, LLC, a Minnesota limited liability company (the “Developer”) have
entered into a TIF Assistance Agreement (the “TIF Assistance Agreement”), dated ________,
2023; and
WHEREAS, the TIF Assistance Agreement requires the Developer to construct a Project
(as that term is defined in the TIF Assistance Agreement);
WHEREAS, the Developer has constructed the Project in a manner deemed sufficient by
the EDA to permit the execution of this certification in accordance with Section 3.8 of the TIF
Assistance Agreement;
NOW, THEREFORE, this is to certify that the Developer has constructed the Project in
accordance with the TIF Assistance Agreement. The remaining covenants of the Developer under
the TIF Assistance Agreement are not intended to run with title to the Development Property or
bind successors in title to the Development Property.
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The EDA has, as of the date and year first above written, set its hand hereon.
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____________, 2023, by
______________, the President of the Economic Development Authority of the City of Crystal,
Minnesota, on behalf of the EDA.
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____________, 2023, by
__________________, the Executive Director of the Economic Development Authority of the City
of Crystal, Minnesota, on behalf of the EDA
Notary Public
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EXHIBIT H
PROJECT SOURCES AND USES INCLUDING TOTAL DEVELOPMENT COSTS
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EXHIBIT I
FORM OF MINIMUM ASSESSMENT AGREEMENT
THIS AGREEMENT, dated as of this __ day of _______, 2023, is between the
ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF CRYSTAL, MINNESOTA
(the “EDA”) and CRYSTAL HOUSING GROUP, LLC, a Minnesota limited liability company
(the “Developer”).
WITNESSETH
WHEREAS, on or before the date hereof the EDA and Developer have entered into a TIF
Assistance Agreement dated as of ___________, 2023 (the “TIF Agreement”) regarding certain
real property located in the City of Crystal , Minnesota (the “City”) the legal description of which
is attached hereto as Exhibit A (the “Development Property”);
WHEREAS, it is contemplated that pursuant to said Agreement, the Developer will cause
to be constructed an affordable multifamily housing development consisting of approximately 58
housing units with 52 stalls of underground parking and 65 surface parking stalls to be constructed,
owned, and operated by the Developer (the “Project”), in accordance with plans and specifications
approved by the EDA;
WHEREAS, the EDA and Developer desire to establish a minimum market value for the
Development Property and the improvements constructed or to be constructed thereon, pursuant
to Minnesota Statutes, Section 469.177; and
WHEREAS, the Developer has provided the County Assessor with the plans and
specifications for the Project to be constructed according to the TIF Agreement;
WHEREAS, the Developer has acquired the Development Property.
WHEREAS, the City and the Assessor have reviewed plans and specifications for the
Project.
NOW, THEREFORE, the parties to this Agreement, in consideration of the promises,
covenants and agreements made by each to the other, do hereby agree as follows:
1. As of January 2, 2024, the minimum market value, which shall be assessed for the
Development Property for taxes payable 2025, shall not be less than $2,827,500, commencing as
of January 2, 2025, the minimum market value, which shall be assessed for the Development
Property for taxes payable 2026 shall not be less than $8,482,500, and commencing as of January
2, 2026, the minimum market value, which shall be assessed for the Development Property for
taxes payable 2027 and in each year thereafter, shall not be less than $11,310,000.
2. The minimum market values herein established shall be of no further force and
effect after assessment on or before January 31, 2035 for taxes payable in 2036; provided,
however, this Agreement shall terminate earlier upon such date as the earliest to occur of (i) the
date on which the entire principal and accrued interest on the TIF Note (as defined in the TIF
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Agreement) has been paid in full; or (ii) any earlier date the TIF Agreement or the TIF Note is
cancelled in accordance with the terms thereof or deemed paid in full; or (iii) the date the TIF
District (as defined in the TIF Agreement) is terminated in accordance with the TIF Act (as
defined in the TIF Agreement); or (iv) the date the EDA cancels the TIF Note upon a written
request for termination from the Developer (the “Termination Date”). If the Termination Date is
earlier than the assessment on or before January 31, 2035 for taxes payable in 2036, the EDA
shall duly execute and record a release of this Agreement upon the written request and sole
expense of the then holder of fee title to the Development Property.
3. This Agreement shall be recorded by the EDA with the County Recorder of
Hennepin County, Minnesota and in the Office of the Hennepin County Registrar of Titles. The
Developer shall pay all costs of recording.
4. Neither the preambles nor provisions of this Agreement are intended to, or shall
they be construed as, modifying the terms of the TIF Agreement between the EDA and the
Developer.
5. This Agreement shall inure to the benefit of and be binding upon the successors
and assigns of the parties, shall be governed by and interpreted pursuant to Minnesota law, and
may be executed in counterparts, each of which shall constitute an original hereof and all of which
shall constitute one and the same instrument.
This Instrument Drafted By:
Kennedy & Graven, Chartered (GAF)
150 South Fifth Street, Suite 700
Minneapolis, MN 55402-1299
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IN WITNESS WHEREOF, the EDA and the Developer have caused this Minimum
Assessment Agreement to be executed in their names and on their behalf all as of the date set forth
above.
ECONOMIC DEVELOPMENT
AUTHORITY OF THE CITY OF
CRYSTAL, MINNESOTA
By
President
By
Executive Director
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2023 by _______________, the President of the Economic Development Authority of the City of
Crystal, Minnesota on behalf of the EDA.
________________________________
Notary Public
STATE OF MINNESOTA )
) SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this _____ day of ___________,
2023 by _______________, the Executive Director of Economic Development Authority the City
of Crystal , Minnesota on behalf of the EDA.
________________________________
Notary Public
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CRYSTAL HOUSING GROUP, LLC
By: Crystal Housing Partners, LLC
Its: Manager
By: ____________________________
Name: ____________________________
Its: _______________________________
STATE OF MINNESOTA )
) SS.
COUNTY OF _______ )
The foregoing instrument was acknowledged before me this _______________, 2023, by
______[NAME], the [TITLE] of Crystal Housing Partners, LLC, a Minnesota limited liability
company, the Manager of Crystal Housing Group, LLC.
Notary Public
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CERTIFICATION BY COUNTY ASSESSOR
The undersigned Assessor, being legally responsible for the assessment of the property
described in the foregoing Minimum Assessment Agreement, dated as of ___________, 2023 by
the Economic Development Authority of the City of Crystal, Minnesota and Crystal Housing
Group, LLC (the “MAA”), hereby certifies that the minimum market values assigned in the MAA
to the Development Property and the Project (as those terms are defined in the MAA) are
reasonable.
______________________________________
County Assessor for Hennepin County
STATE OF MINNESOTA )
) ss.
COUNTY OF HENNEPIN )
This instrument was acknowledged before me on __________ _____, 2023, by
_____________________, the County Assessor of Hennepin County.
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
_______________________________________
Notary Public
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EXHIBIT A TO MINIMUM ASSESSMENT AGREEMENT
Legal Description of Development Property
The property located in the City of Crystal, Hennepin County, Minnesota legally described as:
[ADD LEGAL DESCRIPTION]
5240 Apartments, Crystal MHFA Dev. #8389
Allonge Endorsement to 2/13/2023
TIF Note
(Ver. 10/21/2017) 1
ALLONGE ENDORSEMENT TO
COUNTY OF HENNEPIN, CITY OF CRYSTAL
TAX INCREMENT REVENUE NOTE
(SAND HOUSING PROJECT)
FOR VALUE RECEIVED, Crystal Housing Group, LLC, a Minnesota limited liability
company (“Owner”) endorses, assigns and transfers to the Minnesota Housing Finance Agency,
a public body corporate and politic of the State of Minnesota (“MHFA”), all right, title and
interest in and to the following described “TIF Note”:
United States of America State of Minnesota County of Hennepin City of Crystal
Tax Increment Revenue Note (Sand Housing Project), in the original principal
amount of $389,000.00, dated _________________, 20__, executed by the
Economic Development Authority of the City of Crystal, Minnesota, as Maker, to
Crystal Housing Group, LLC, a Minnesota limited liability company, as Holder.
Notwithstanding the foregoing, Owner shall retain the right to collect the payments due under the
TIF Note unless and until an event of default has occurred under any of those certain loan
documents evidencing a loan in the amount of $6,041,000.00 from MHFA to Owner (a
“Default”). Upon notice from MHFA to the Economic Development Authority of the City of
Crystal that a Default has occurred, all payments due under the TIF Note will be paid directly to
MHFA.
Dated at Crystal, Minnesota, this ___ day of _____________, 20__.
THIS ALLONGE IS TO BE AFFIXED
TO THE NOTE DESCRIBED ABOVE
CRYSTAL HOUSING GROUP, LLC
a Minnesota limited liability company
By: Crystal Housing Partners, LLC
a Minnesota limited liability company
Manager
By:
James J. Thelen, Secretary/Treasurer
5240 Apartments, Crystal MHFA Dev. #8389
Allonge Endorsement to 2/13/2023
TIF Note
(Ver. 10/21/2017) 2
CONSENTED AND AGREED TO BY:
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
a public body corporate and politic under the laws
of the State of Minnesota
By: ________________________________
Its President
By: ________________________________
Its Executive Director
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Development Agreement 1 3/30/2023
(Ver. 10/21/2017)
Minnesota Housing Finance Agency
ASSIGNMENT OF DEVELOPMENT AGREEMENT
THIS ASSIGNMENT OF DEVELOPMENT AGREEMENT (this “Assignment”) is
made as of the _____ day of _________, 20__, by Crystal Housing Group, LLC, a Minnesota
limited liability company, with its offices located at 366 10th Ave. S., Waite Park, MN 56837
(“Borrower”), to Minnesota Housing Finance Agency, a public body corporate and politic of the
State of Minnesota, with its offices located at 400 Wabasha Street North, Suite 400, St. Paul, MN
55102-1109 (“Lender”).
RECITALS
A. Borrower has entered into a TIF Assistance Agreement with the Economic
Development Authority of the City of Crystal, Minnesota, a public body corporate and politic
under the laws of the State of Minnesota (the “City”), dated as of ___________, 20___, (the
“Development Agreement”) concerning certain real property described in Exhibit A.
B. The City has agreed to make payments to Borrower (the “TIF Payments”) in
accordance with the terms and conditions of the Development Agreement.
C. Borrower wishes to assign its rights under the Development Agreement to Lender,
and Lender wishes to accept the assignment.
NOW, THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good
and valuable consideration, Borrower sells, assigns, transfers, and sets over to Lender the
Development Agreement, including all related rights and interests.
1. Borrower irrevocably appoints Lender as its attorney-in-fact to enforce and satisfy
the Development Agreement for and on behalf of and in the name of Borrower or, at the option of
Lender, in the name of Lender, with the same force and effect as Borrower could do if this
Assignment had not been made.
2. Borrower agrees that Lender does not assume any of the obligations or duties of
Borrower under or with respect to the Development Agreement unless and until Lender has given
the City written notice of the assumption.
3. Borrower represents and warrants that:
A. There have been no prior assignments of Borrower’s interest in the
Development Agreement;
B. It has the right to assign the Development Agreement to Lender;
C. The Development Agreement is a valid, enforceable agreement;
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Development Agreement 2 3/30/2023
(Ver. 10/21/2017)
D. None of the parties is in default under the Development Agreement; and
E. All covenants, conditions and agreements have been performed as required
in the Development Agreement except those not due to be performed until after the
effective date of this Assignment.
4. Borrower agrees that no change in the terms of the Development Agreement will be
valid without the written approval of Lender.
5. Borrower agrees not to assign, sell, pledge, mortgage or otherwise transfer or
encumber its interest in the Development Agreement so long as this Assignment is in effect.
6. Borrower agrees to pay all costs and expenses (including, without limitation,
reasonable attorney’s fees) that Lender may incur in exercising any of its rights under this
Assignment.
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5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Development Agreement 3 3/30/2023
(Ver. 10/21/2017)
IN WITNESS WHEREOF, Borrower has caused this Assignment of Development
Agreement to be executed as of the ____ day of ______________, 20____.
BORROWER:
CRYSTAL HOUSING GROUP, LLC
a Minnesota limited liability company
By: Crystal Housing Partners, LLC
a Minnesota limited liability company
Manager
By:
James J. Thelen, Secretary/Treasurer
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Development Agreement 4 3/30/2023
(Ver. 10/21/2017)
CONSENTED AND AGREED TO BY:
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
a public body corporate and politic under the laws
of the State of Minnesota
By: ________________________________
Its President
By: ________________________________
Its Executive Directive
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Development Agreement 5 3/30/2023
(Ver. 10/21/2017)
Exhibit A
LEGAL DESCRIPTION
Lot 1, Block 1, Crystal Housing Group Addition, Hennepin County, Minnesota.
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 1 3/30/2023
Financing
(Ver. 10/21/2017)
Minnesota Housing Finance Agency
ASSIGNMENT OF TAX INCREMENT FINANCING
THIS ASSIGNMENT OF TAX INCREMENT FINANCING (this “Assignment”) is
effective as of the _____ day of ____________, 20___, between Crystal Housing Group, LLC, a
Minnesota limited liability company, with its offices located at 366 10th Ave. S., Waite Park, MN
56837 (“Borrower”), and Minnesota Housing Finance Agency, a public body corporate and
politic of the State of Minnesota, with its offices located at 400 Wabasha Street North, Suite 400,
St. Paul, MN 55102-1109 (“Lender”).
RECITALS
A. Lender is making a loan to Borrower in the original principal amount of
$6,041,000.00 (the “Loan”) for construction of a multifamily housing facility, legally described
in the Mortgage defined in this Assignment (the “Property”).
B. As evidence of the Loan, Borrower is executing and delivering to Lender its: (i)
HUD Risk-Sharing Program Mortgage Note dated of even date with this Assignment, in the
original principal amount of the Loan (the “Note”); (ii) HUD Risk-Sharing Program
Combination Mortgage, Security Agreement, Assignment of Rents and Leases and Fixture
Financing Statement (the “Mortgage”), dated of even date with this Assignment; and (iii) certain
other loan and security documents (collectively, the “Loan Documents”).
C. The Property is a part of Tax Increment Financing District No. 5 (Sand) (the “Tax
Increment District”) created by the Economic Development Authority of the City of Crystal,
Minnesota, a public body corporate and politic under the laws of the State of Minnesota (the
“City”).
D. Borrower and the City have entered into a TIF Assistance Agreement dated
______________, 20____, (the “Development Agreement”), setting forth the City’s agreement
to provide tax increment financing to Borrower in the form of reimbursements to Borrower out
of tax increments derived from the Property (the “Tax Increment Financing”) as consideration
for undertaking certain improvements and maintaining certain low income housing rental units.
E. In order to evidence the Tax Increment Financing, the City will, in accordance
with the Development Agreement, issue to Borrower its Tax Increment Revenue Note (the “TIF
Note”). The TIF Note will be in the principal amount of the lesser of: (i) $389,000.00, or (ii) the
total Public Development Costs, as described in the Development Agreement, actually incurred
by Borrower and approved by the City. The TIF Note will be in the form of the Tax Increment
Note attached to the Development Agreement as Exhibit D.
F. The TIF Note, the Development Agreement, and any and all related amendments
and documents are referred to collectively in this Assignment as the “Tax Increment Financing
Documents”.
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 2 3/30/2023
Financing
(Ver. 10/21/2017)
G. As further security for repayment of the Loan, Borrower is executing and
delivering this Assignment to Lender.
AGREEMENT
NOW THEREFORE, Borrower and Lender agree as follows:
1. Assignment. Borrower transfers, assigns and grants a security interest in, pledges, and
conveys to Lender all right, title and interest of Borrower in and to the Tax Increment
Financing and the Tax Increment Financing Documents, together with all proceeds
thereof and the immediate and continuing right to receive and collect all amounts due or
to become due under the Tax Increment Financing Documents, and all other rights that
may derive from or accrue under the Tax Increment Financing Documents including the
right to amend, cancel, modify, alter or surrender the Tax Increment Financing
Documents. Lender does not assume any obligations of Borrower under the Tax
Increment Financing Documents unless and until Lender assumes those obligations in
writing. Borrower makes this assignment for the purpose of securing the following
obligations (collectively referred to as the “Secured Indebtedness”): (i) payment of the
principal amount of the Loan, together with interest accrued on that principal amount, (ii)
payment of all other sums, together with interest on those sums, becoming due and
payable to Lender as described in the Loan Documents; and (iii) performance and
discharge of each and every obligation, covenant and agreement of Borrower in this
Assignment and the Loan Documents.
2. Warranties. Borrower covenants, warrants, represents and agrees that:
A. Borrower is the owner of the Tax Increment Financing Documents free and clear
from any and all liens, security interests, encumbrances or other right, title or interest of
any other person, firm or corporation and has the full right and title to assign and pledge
the Tax Increment Financing and the Tax Increment Financing Documents;
B. There are no existing defaults under the Tax Increment Financing Documents;
C. Borrower will not amend, alter, cancel, modify or surrender the Tax Increment
Financing Documents without the prior written consent of Lender.
D. Borrower is in full compliance with the terms of the Development Agreement and
the Development Agreement remains in full force and effect.
E. There are no defenses, set-offs or counterclaims against or with regard to the TIF
Note or the Development Agreement or the indebtedness evidenced by those documents.
The TIF Note and the Development Agreement are valid and enforceable obligations in
accordance with their terms.
3. Performance under the Tax Increment Financing Documents.
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 3 3/30/2023
Financing
(Ver. 10/21/2017)
A. Borrower will enforce or secure the performance of each and every obligation of
the City in the Tax Increment Financing Documents.
B. Borrower will not borrow against, further pledge or assign any payments due
under the Tax Increment Financing Documents.
C. Borrower will not waive, excuse, condone or in any manner release or discharge
the City from its obligations under the Tax Increment Financing Documents.
4. Present Pledge and Assignment.
A. This Assignment constitutes a perfect, absolute and present pledge and
assignment in connection with which Borrower will deliver to Lender the Tax Increment
Financing Documents endorsed and assigned to Lender. Borrower will execute and
deliver to Lender the Allonge Endorsement, in substantially the same form as Exhibit A
attached to this Assignment, on the date that the TIF Note is dated, issued, and delivered
to Borrower by the City in accordance with the Development Agreement. Borrower will
execute and deliver to Lender the Assignment of Development Agreement, in
substantially the same form as Exhibit B attached to this Assignment, on the date of this
Assignment.
B. Borrower will retain the right to collect the semi-annual payments under the TIF
Note unless and until an Event of Default has occurred under this Assignment.
C. From and after an Event of Default under this Assignment and upon notice given
by Lender to Borrower and the City as set forth in paragraph 7 below, all payments on the
Tax Increment Financing are to be paid directly to Lender to be held and applied by
Lender in paragraph 7. Subsequent to Lender giving that notice, if Borrower receives any
payments on the Tax Increment Financing, Borrower will immediately remit those
payments to Lender.
5. Security Agreement. This Agreement constitutes a Security Agreement under the
Uniform Commercial Code as adopted in the state of Minnesota (the “Code”) and is
governed by the Code.
6. Events of Default. Each of the following constitutes an Event of Default:
A. Borrower defaults in the performance of any of the terms of the Loan Documents,
and that default continues beyond any applicable cure period provided in those
documents; or
B. Borrower fails to comply with or perform any of the terms, conditions or
covenants of this Assignment, and that failure continues for more than 30 days; or
C. Any representation or warranty made by Borrower in this Assignment is false,
breached or dishonored in any material manner.
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 4 3/30/2023
Financing
(Ver. 10/21/2017)
7. Remedies. Upon or at any time after an Event of Default, Lender may declare all
amounts owing under the Loan Documents and this Assignment immediately due and
payable and provide notice to the City, with a copy to Borrower, to make all subsequent
payments on the Tax Increment Financing to Lender. Lender may apply all amounts held
by Lender, including the Tax Increment Financing, to the Secured Indebtedness, enforce
the payment of the Secured Indebtedness and exercise all of the rights of a holder of the
Tax Increment Financing Documents. In addition, upon the occurrence of an Event of
Default, Lender may, without demand, advertisement or notice of any kind (except notice
required under the Code), all of which are, to the extent permitted by law, expressly
waived by Borrower:
A. exercise any of the remedies available to a secured party under the Code;
B. proceed immediately to exercise each and all of the powers, rights, and privileges
reserved or granted to Lender under the Loan Documents;
C. proceed to protect and enforce this Assignment by suits or proceedings or
otherwise; and
D. exercise any other legal or equitable remedy available to Lender.
If any notice is required to be given under the Code, the requirement for reasonable
notice is satisfied by giving at least 10 days’ notice prior to the event or thing giving rise
to the requirement of notice.
8. Authorization to the City. The City is irrevocably authorized and directed to recognize
the claims of Lender without investigating the reason for any action taken or the validity
of or the amount of Secured Indebtedness owing to Lender or the existence of any Event
of Default. Borrower irrevocably directs and authorizes the City to pay exclusively to
Lender or its assigns, from and after the effective date of this Assignment, all amounts
due under the Tax Increment Financing Documents without the necessity for a judicial
determination that Lender is entitled to exercise its rights under this Assignment. To the
extent that payments are made to Lender, Borrower agrees that the City has no further
liability to Borrower for those amounts paid. The signature of Lender will be sufficient
for the exercise of any rights under this Assignment, and the receipt by Lender of any
amount paid by the City will be in discharge and release of that portion of any amount
owed by the City.
9. Additional Instruments. Upon the request of Lender, Borrower will, at its own expense,
execute, deliver, and file all assignments, certificates, financing statements or other
documents in relation to or evidencing this Assignment (the “Additional Instruments”).
Borrower will also give further assurances and do all other acts and things as Lender may
request to enable Lender to perfect or to exercise its interest in the Tax Increment
Financing and the Tax Increment Financing Documents or to protect, enforce, or exercise
its rights and remedies. If Borrower is unable or unwilling to execute, deliver, or file any
Additional Instruments, as and when reasonably requested by Lender, then Borrower
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 5 3/30/2023
Financing
(Ver. 10/21/2017)
authorizes Lender to sign, deliver, and file as its true and lawful agent and attorney-in-
fact, coupled with an interest, any Additional Instrument.
10. Amendment. The Tax Increment Financing Documents may not be amended, altered,
cancelled, modified or surrendered without the prior written consent of Lender.
11. Release. Upon the earlier of the termination or expiration of the TIF Note or payment
and performance in full of the Secured Indebtedness, this Assignment will be released
and be of no further effect.
12. Successors and Assigns. This Assignment will be binding upon Borrower and its
successors and assigns and will inure to the benefit of Lender and its successors and
assigns.
13. Governing Law. This Assignment is governed by the laws of the state of Minnesota.
14. Validity Clause. The unenforceability or invalidity of any provision of this Assignment
will not render any other provision or provisions unenforceable or invalid. Any
provisions found to be unenforceable will be severable from this Assignment.
15. Notice. Notices that any party may give to any other party must be in writing and be sent
by certified mail, to the respective party’s address as set forth above, or any other place as
the respective party may by notice in writing to the other party designate as its address.
16. Attorney’s Fees. Borrower agrees to pay all costs of collection, including reasonable
attorney’s fees, at any time paid or incurred by Lender in connection with the
enforcement of its rights under this Assignment.
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5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 6 3/30/2023
Financing
(Ver. 10/21/2017)
IN WITNESS WHEREOF, each of Borrower and Lender have executed this
Assignment of Tax Increment Financing as of the date of this Assignment.
BORROWER:
CRYSTAL HOUSING GROUP, LLC
a Minnesota limited liability company
By: Crystal Housing Partners, LLC
a Minnesota limited liability company
Manager
By:
James J. Thelen, Secretary/Treasurer
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 7 3/30/2023
Financing
(Ver. 10/21/2017)
LENDER:
MINNESOTA HOUSING FINANCE AGENCY
By: ____________________________________
James Lehnhoff
Assistant Commissioner, Multifamily
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 8 3/30/2023
Financing
(Ver. 10/21/2017)
Exhibit A
Attach Allonge Endorsement
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 9 3/30/2023
Financing
(Ver. 10/21/2017)
Exhibit B
Attach Assignment of Development Agreement
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 10 3/30/2023
Financing
(Ver. 10/21/2017)
CONSENT OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF
CRYSTAL, MINNESOTA
The Economic Development Authority of the City of Crystal, Minnesota, a public body
corporate and politic under the laws of the State of Minnesota, with its offices located at 4141
Douglas Dr. N., Crystal, MN 55422 (the “City”), acknowledges that it has reviewed the
Assignment of Tax Increment Financing entered into between Crystal Housing Group, LLC, a
Minnesota limited liability company (“Borrower”), and the Minnesota Housing Finance Agency,
a public body corporate and politic of the State of Minnesota (“Lender”), dated ____________,
20__, to which this Consent is attached, the Assignment of Development Agreement by and
between Borrower and Lender dated _____________, 20____, and the form of Allonge
Endorsement (collectively, the “Assignment”). Subject to the provisions of paragraph 2 below,
the City consents to the terms of the Assignment. The City agrees from and after the date of the
Assignment, upon a request by Lender or its successors and assigns, and the assumption in
writing by Lender or its successors and assigns of the remaining unfulfilled obligations of
Borrower under the Development Agreement, to make all payments on the Tax Increment
Financing as described in the Assignment.
1. The City further represents and warrants to Lender:
A. That it has received good and valuable consideration for the Development
Agreement.
B. That the unpaid balance due on the TIF Note (as defined in the Assignment) upon
issuance will be the lesser of: (i) $389,000.00; (ii) or the total Public Development Costs,
as described in the Development Agreement, actually incurred by Borrower and approved
by the City.
C. To the actual knowledge of the undersigned, Borrower is in full compliance with
the terms of the Development Agreement and the Development Agreement remains in
full force and effect.
D. To the actual knowledge of the undersigned, there are no current defenses, set-
offs or counterclaims against or with regard to the TIF Note or the Development
Agreement or the indebtedness evidenced by those documents. The TIF Note and the
Development Agreement are valid and enforceable obligations of the City in accordance
with their terms.
2. This Consent does not deprive the City of or limit any of the City’s rights or remedies
under the Development Agreement and does not relieve Borrower of any of its obligations under
the Development Agreement.
3. Notwithstanding the provisions of the Development Agreement, the City agrees that it
will not exercise its remedies under the Development Agreement upon the occurrence of an
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 11 3/30/2023
Financing
(Ver. 10/21/2017)
Event of Default under the Development Agreement prior to providing notice of the Event of
Default and an opportunity to cure to Lender.
5240 Apartments, Crystal MHFA Dev. #8389
Assignment of Tax Increment 12 3/30/2023
Financing
(Ver. 10/21/2017)
Dated: _____________ ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
a public body corporate and politic under the laws
of the State of Minnesota
By: __________________________________
Its President
By: __________________________________
Its Executive Director
Loan No. 1021174
4887-3614-8032.7
COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING NOTE
AND DEVELOPMENT AGREEMENT
This Collateral Assignment of Tax Increment Financing Note and Development
Agreement (this “Assignment”) is made and entered into as of [___________], 2023, by
CRYSTAL HOUSING GROUP, LLC, a Minnesota limited liability company (“Borrower”), in
favor of WELLS FARGO BANK, NATIONAL ASSOCIATION, a national banking association
(“Lender”). Capitalized terms used herein without specific definition shall have the meanings
given to them in the Building Loan Agreement (as hereinafter defined).
A. Borrower is the owner of certain land located in Hennepin County, Minnesota,
described in Exhibit A (“Land”). The Land is or will be improved with a multifamily rental
housing project known or to be known as “5240 Apartments” (the “Improvements” and, together
with the Land, the “Project”).
B. Lender has made a Loan to Borrower pursuant to the Building Loan Agreement
dated as of [___________], 2023, by and between the Lender and Borrower (the “Building Loan
Agreement”), in the maximum aggregate principal amount of $[16,427,285] (the “Loan”). The
Loan is evidenced by that certain Promissory Note dated on or about the date hereof (the “Note”),
delivered by Borrower to Lender.
C. Pursuant to that certain TIF Assistance Agreement, dated as of
[________________], 2023 (“TIF Development Agreement”), by and between the Economic
Development Authority of the City of Crystal, Minnesota, a public body corporate and politic
under the laws of the State of Minnesota (“City”), and Borrower, the City has agreed to issue to
Borrower its Taxable Tax Increment Revenue Note (“TIF Note”), in the principal amount of
$[389,000] upon the satisfaction of certain conditions set forth in the TIF Development Agreement.
D. Lender has required, as a condition to consenting to the TIF Development
Agreement, that Borrower execute and deliver this Assignment.
NOW, THEREFORE, in consideration of the foregoing and to induce Lender to consent to
the TIF Development Agreement, Borrower agrees as follows:
1. Assignment. Borrower hereby transfers and assigns to Lender and grants to Lender,
its successors and assigns, a security interest in all of its right, title and interest in and to the TIF
Development Agreement and the TIF Note payable from Tax Increments (as defined in the TIF
Development Agreement) as security for the Loan, and all future loans, advances, debts, liabilities,
obligations, covenants and duties owing by Borrower to Lender of any kind or nature arising from
the Loan. This Assignment shall constitute a perfected, absolute and present assignment, provided
that Lender shall not have any right under this Assignment to exercise any remedies under this
Assignment until an Event of Default (as defined in Section 8 hereof) shall occur. In furtherance
of such transfer and assignment, immediately upon Lender’s request following an Event of
Default, Borrower shall (i) deliver the original executed TIF Note to the City for re-registration in
the Lender’s name, (ii) notify the City that the TIF Note is being transferred to Lender pursuant to
the terms of this Agreement and (iii) provide Lender with confirmation of such delivery, provided,
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however, that upon such delivery the Lender shall execute and deliver to the City the
Acknowledgement and Receipt for Note attached as Exhibit 1 to the TIF Note.
2. Representations and Warranties. Borrower represents and warrants to Lender and
agrees as follows:
(a) Borrower will not, without the prior written consent of Lender, which shall
not be unreasonably withheld or delayed, modify, amend, supplement, terminate, surrender
or change in any manner whatsoever TIF Development Agreement or the TIF Note and
will not release or discharge the obligations of any party thereto or modify or extend the
time of performance thereunder or the scope of the work thereunder.
(b) The TIF Development Agreement and the TIF Note are free and clear of all
liens, security interests, assignments and encumbrances other than the assignment and
security interest created by this Assignment or the TIF Development Agreement.
(c) Except as may be restricted in the TIF Note or the TIF Development
Agreement, Borrower has the full right, power and authority to assign the TIF Development
Agreement and the TIF Note free and clear of any and all liens, security interests and
assignments.
(d) Borrower will keep the TIF Development Agreement and the TIF Note
(including the rights to payments from Tax Increments) free from any lien, encumbrance,
assignment or security interest whatsoever, other than this Assignment and security
interest.
(e) Borrower will from time to time and at the request of Lender execute such
documents and pay the cost of filing and recording the same and do such other acts and
things as Lender may reasonably request to establish and maintain a first priority perfected
security interest in the TIF Development Agreement and the TIF Note (including the rights
to payments from Tax Increments) which is valid and superior to all liens, claims or
security interests whatsoever, or to otherwise further evidence or implement the provisions
and intent of this Assignment.
3. Covenants of Borrower. Borrower covenants and agrees that:
(a) It shall perform each and every one of its duties and obligations under the
TIF Development Agreement and the TIF Note and observe and comply with each and
every term, covenant, condition, agreement, requirement, restriction and provision of the
TIF Development Agreement and the TIF Note.
(b) It shall give prompt written notice to Lender of any claim or notice of
default under the TIF Development Agreement or the TIF Note known or given to it
together with a copy of any such notice or claim.
(c) It will appear in and defend any action arising out of or in any manner
connected with the TIF Development Agreement or the TIF Note and the duties and
obligations of Borrower thereunder.
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4. Purpose of Assignment. This Assignment is made to induce Lender to consent to
the TIF Development Agreement and for the purpose of securing the performance and observance
by Borrower of all of the terms and conditions of the Building Loan Agreement and all other
obligations of Borrower under the Loan Documents (as defined in the Building Loan Agreement)
in connection with the Project.
5. Right to Act on Behalf of Borrower; Payments under TIF Note. Borrower hereby
authorizes Lender (and all persons and entities designated by Lender) during an Event of Default
to act on its behalf either in the name of Borrower or Lender (or the name of the person and entity
designated by Lender) in connection with the exercise of any of the rights of Borrower under the
TIF Note and the TIF Development Agreement. For as long as the Loan is outstanding, Borrower
hereby irrevocably constitutes and appoints Lender (and all persons and entities designated by
Lender) as its attorney-in-fact to demand, receive and enforce Borrower’s rights with respect to
the TIF Note and the TIF Development Agreement. Borrower agrees to reimburse Lender on
demand for any expenses incurred by Lender, or its agents or attorneys, including, without
limitation, reasonable attorneys’ fees, pursuant to the aforesaid authorization. Borrower hereby
irrevocably instructs, directs, authorizes and empowers all parties to the TIF Development
Agreement and the TIF Note to recognize the claims of Lender, and its successors or assigns
hereunder, in the event Lender elects to assume the obligations of the Borrower under the TIF
Development Agreement, and to act upon any instructions or directions of Lender (and all persons
and entities designated by Lender) without investigating the reason for any action taken by Lender
(or such other party or parties).
6. No Assumption By Lender. It is understood and agreed that by its acceptance of
this Assignment, unless expressly set forth herein Lender neither assumes the obligations or duties
imposed upon Borrower under the TIF Development Agreement nor accepts any responsibility or
liability for the performance of any of the obligations imposed upon Borrower pursuant to the TIF
Development Agreement.
7. Scope of Assignment. The rights assigned by this Assignment include but are not
limited to all of Borrower’s interest in the TIF Note and the TIF Development Agreement,
including all right, power, privilege and option to modify or amend the TIF Note or the TIF
Development Agreement, or waive or release the performance or satisfaction of any duty or
obligation under the TIF Note or the TIF Development Agreement; provided, prior to any Event
of Default (defined below), Borrower shall have the right to apply the Tax Increments for the
purposes stated in the TIF Development Agreement.
8. Event of Default. An “Event of Default” shall mean the occurrence of any default
under the TIF Note or the TIF Development Agreement and the continuation of such default
beyond any applicable grace period, or the occurrence of any Event of Default under any of the
Loan Documents (as defined in the Building Loan Agreement).
9. Remedies. Upon the occurrence of an Event of Default, Lender may, without
demand or performance or other demand, advertisement, or notice of any kind, except such notice
as may be required under the Uniform Commercial Code and all of which are, to the extent
permitted by law, hereby expressly waived, (a) collect the amounts payable to Borrower pursuant
to the TIF Note and shall hold such amounts free and clear of the interest of Borrower therein and
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shall be entitled to own, hold, dispose of and otherwise deal with the amounts payable pursuant to
the TIF Note in its own right and name as its own property, or in the name of Borrower or
otherwise, exercise any right of Borrower to demand, collect, receive and receipt for, compromise,
compound, settle and prosecute and discontinue any suits or proceedings in respect of any or all
of the amounts payable pursuant to the TIF Note; (b) take any action that Lender may deem
necessary or desirable in order to collect the amounts payable pursuant to the TIF Note; exercise
any of the remedies available to a secured party under the Uniform Commercial Code and/or to
proceed to protect and enforce this Assignment by suits or proceedings or otherwise; and (c)
enforce any other legal or equitable remedy available to Lender. The foregoing remedies are
cumulative of and in addition to and are not restrictive of or in lieu of, the rights or remedies
provided for or allowed in the Building Loan Agreement or any other instrument given for the
security of or in connection with the making of the Loan, or as provided for or allowed by law or
in equity.
10. [Reserved.]
11. Indemnity. Excluding any obligations to make payments on the Loan pursuant to
the terms and conditions of the Building Loan Agreement, Lender shall not have any obligation to
perform or satisfy any duty or obligation of Borrower under the TIF Development Agreement.
Borrower shall and does hereby indemnify, defend and hold Lender harmless from and against and
in respect of any and all actions, causes of action, suits, claims, demands, judgments, proceedings
and investigations (or any appeal thereof or relative thereto or other review thereof) except for
those arising from the gross negligence of any kind or willful misconduct of Lender and its
respective successors, assigns, officers, employees, agents and representatives, arising out of, by
reason of, as a result of or in connection with the TIF Development Agreement or the TIF Note,
and any and all liabilities, damages, losses, costs, expenses (including reasonable attorneys’ fees
and expenses and disbursements of counsel), amounts of judgment, assessments, fines or penalties,
and amounts paid in compromise or settlement, suffered, incurred or sustained by Lender as a
result of, or reason of or in connection with any of the matters above.
12. Uniform Commercial Code. To the extent that this Assignment may be governed
by the provisions of the Uniform Commercial Code now or hereafter in effect, this Assignment
shall be deemed to be a security agreement within the meaning of the Uniform Commercial Code,
shall be governed by the provisions thereof and shall constitute a grant to Lender of a security
interest in the TIF Development Agreement and the TIF Note (including the rights to payments
from Tax Increments).
13. Choice of Law. Notwithstanding the place of execution of this instrument, the
parties to this Assignment have contracted for Minnesota law to govern this Assignment and it is
agreed that this Assignment is made pursuant to, and shall be construed and governed by, the laws
of the State of Minnesota without regard to the principles of conflicts of law.
14. Notices. Any notices and other communications permitted or required by the
provisions of this Assignment (except for telephonic notices expressly permitted) 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 Certified Mail,
Return Receipt Requested, bearing adequate postage, or deposited with a reputable private courier
Loan No. 1021174
5
4887-3614-8032.7
or overnight delivery service, and addressed as hereinafter provided. Each such notice shall be
effective upon being deposited as aforesaid. Rejection or other refusal to accept or the inability to
deliver because of changed address of which no notice was given shall be deemed to be receipt of
the notice sent. By giving to the other party hereto at least 10 days’ notice thereof, either party
hereto shall have the right from time to time to change its address and shall have the right to specify
as its address any other address within the United States of America.
Each notice to Lender shall be addressed as follows:
Wells Fargo Bank, National Association
550 S. Tryon Street
23rd Floor, D1086-239
Charlotte, NC 28202-4200
Attn: Manager, Deal Management
Loan No.: 1021174
with copies to:
Wells Fargo Bank, National Association Minneapolis Loan Center 600 South 4th Street, 8th Floor MAC# N9300-085 Minneapolis, MN 55415
Attention: Disbursement Administrator
and
Kutak Rock LLP 1650 Farnam Street Omaha, NE 68102
Attention: Megan H. Shirk, Esq.
Each notice to Borrower shall be addressed as follows:
Crystal Housing Group, LLC
366 South Tenth Ave.
PO Box 727
Waite Park, MN 56387
Attention: Secretary/Treasurer
with copies to:
Law Office of Peter J. Fuchsteiner PLLC 366 South Tenth Avenue Waite Park, MN 56387
Attention: Peter J. Fuchsteiner
And
Wells Fargo Affordable Housing Community Development Corporation
550 S. Tryon Street
23rd Floor, D1086-239
Charlotte, NC 28202-4200
Attn: Director of Tax Credit Asset Management
Loan No. 1021174
6
4887-3614-8032.7
15. Successors and Assigns; Recording. This Assignment shall bind Borrower and its
successors and assigns, and shall inure to the benefit of Lender and its successors and assigns. At
the option of Lender, this Assignment may be recorded in the land records of Hennepin County,
Minnesota.
16. Release. Upon a determination by Lender that the obligations secured by this
Assignment have been fully satisfied, Lender shall thereupon deliver to Borrower such instruments
of release as, in the opinion of Borrower, may be necessary to release the interests of Lender in the
TIF Development Agreement and the TIF Note. Upon satisfaction of the obligations secured by
this Assignment, as determined by Lender in its sole discretion, the Borrower and the Lender will
execute and deliver a termination of this Assignment, subject to the rights of Minnesota Housing Finance
Agency, in its capacity as permanent lender (“MHFA”) in accordance with the Assignment of Tax
Increment Financing and Assignment of Development Agreement between the Borrower and MHFA.
[Remainder of this page has been left blank intentionally]
Loan No. 1021174
4887-3614-8032.7
IN WITNESS WHEREOF, Borrower has executed this Collateral Assignment of Tax
Increment Financing Note and Development Agreement as of the date and year first written above.
CRYSTAL HOUSING GROUP, LLC, a
Minnesota limited liability company
By: Crystal Housing Partners, LLC, a Minnesota
limited liability company,
its Manager
By:
James J. Thelen, Secretary/Treasurer
STATE OF MINNESOTA )
) ss.
COUNTY OF ____________ )
The foregoing instrument was acknowledged before me this ____ day of
________________________, 2023, by James J. Thelen, the Secretary/Treasurer of Crystal
Housing Partners, LLC, a Minnesota limited liability company, the Manager of Crystal Housing
Group, LLC, a Minnesota limited liability company, for and on behalf of said limited liability
company.
WITNESS my hand and official sea.
Notary Public
My commission expires:________________________.
[Signature Page to Collateral Assignment of Tax Increment Financing Note and Development
Agreement – 5240 Apartments]
Loan No. 1021174
A-1
4887-3614-8032.7
EXHIBIT A
LEGAL DESCRIPTION
Loan No. 1021174
4887-3614-8032.7
EXHIBIT B
[Reserved]
Loan No. 1021174
4887-3614-8032.7
EXHIBIT C
CONSENT TO COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING
NOTE AND DEVELOPMENT AGREEMENT
[SEE ATTACHED]
Loan No. 1021174
4887-3614-8032.7
CONSENT TO COLLATERAL ASSIGNMENT OF TAX INCREMENT FINANCING
NOTE AND DEVELOPMENT AGREEMENT
In consideration of the Lender consenting to the TIF Development Agreement on the date
hereof regarding a multifamily rental housing project known or to be known as 5240 Apartments
(the “Project”) in the City of Crystal, Minnesota, the Economic Development Authority of the City
of Crystal, Minnesota, a public body corporate and politic under the laws of the State of Minnesota
(the “City”), hereby executes this Consent to Collateral Assignment of Tax Increment Financing
Note and Development Agreement (“Consent”) to acknowledge and consent to the Collateral
Assignment of Tax Increment Financing Note and Development Agreement dated
[__________________________] (the “Assignment”), by Crystal Housing Group, LLC, a
Minnesota limited liability company (the “Borrower”), to the Lender as collateral security for the
Loan, and the endorsement of the TIF Note (as defined in the Assignment) to the Lender in
furtherance of such assignment, and further acknowledges and agrees with the Lender as follows:
1. Whenever the City provides written notice to Borrower of an “Event of Default,” as defined
in Section 4.1 of the TIF Development Agreement, the City shall simultaneously provide such
written notice to Lender and the Borrower’s tax credit investor, Wells Fargo Community
Investment Holdings, LLC (“Borrower’s Limited Partner”) (such notice to be given in accordance
with Section 14 of the Assignment) provided that failure to provide such notice will not affect the
City’s remedies under the TIF Development Agreement. If Borrower does not cure the Event of
Default within the thirty (30) day period specified in Section 4.2 of the TIF Development
Agreement, Lender (or such other persons or entities designated by Lender) and/or Borrower’s
Limited Partner shall thereafter have an additional thirty (30) days within which to cure said Event
of Default. The City agrees that it shall not suspend its performance under the TIF Development
Agreement or the TIF Note if the Lender or Borrower’s Limited Partner cures (or causes to be
cured) all uncured Events of Default.
2. For as long as the Assignment is in effect, the City shall not cancel and/or rescind the TIF
Development Agreement or the TIF Note as a result of an Event of Default under Sections 4.1(4)
of the TIF Development Agreement so long as there is no other default under the TIF Development
Agreement and the Lender has acquired the Project pursuant to foreclosure or a deed in lieu of
foreclosure Except as set forth in the prior sentence, nothing in the Assignment shall impact the
City’s rights and remedies against the Developer under the TIF Development Agreement.
3. Notwithstanding the security interests of Lender in the TIF Development Agreement and
the TIF Note (including the rights to payments from Tax Increments), as set forth in the
Assignment, or rights to cure any Event of Default specified in Section 4.1 of the TIF Development
Agreement, as set forth in this Consent, neither Lender nor Borrower’s Limited Partner shall have
an obligation or liability whatsoever to the City, or any other person having any relationship,
contractual or otherwise, with the City, nor shall Lender and/or Borrower’s Limited Partner be
obligated to perform any of the obligations or duties of Borrower under the TIF Development
Agreement. The City shall only be obligated to pay under the TIF Note if the Developer is in
compliance in all material respects with the terms of the TIF Development Agreement, or, except
as provided in Section 2 of this Consent, if an Event of Default is declared and remains uncured
after the expiration of applicable notice and cure periods, the Lender or Borrower’s Limited Partner
Loan No. 1021174
4887-3614-8032.7
agrees to perform the obligations of the Borrower necessary to cure such Event of Default by
providing written notice of such to the City. The City acknowledges that the security interest of
Lender in the TIF Development Agreement and the TIF Note (including the rights to payments
from Tax Increments) and all of Lender’s and Borrower’s Limited Partner’s respective rights and
remedies under the Assignment may be freely transferred or assigned by Lender, as permitted by
Financing Documents, and/or Borrower’s Limited Partner by the Borrower’s operating agreement
or other relevant documents. In the event of any such transfer or assignment, all of the provisions
of this Consent shall inure to the benefit of the respective transferees, successors and/or assigns of
Lender and/or Borrower’s Limited Partner (as applicable). Notwithstanding anything herein to the
contrary, any transfer or assignment of the TIF Development Agreement to a third party by the
Lender must comply with the provisions of Section 5.3 of the TIF Development Agreement and
any transfer of the TIF Note to a third party by the Lender must comply with the TIF Development
Agreement and the TIF Note.
4. As long as the Loan is outstanding, neither the TIF Development Agreement nor the TIF
Note may be amended without the prior written consent of Lender.
The undersigned shall, from time to time, promptly execute and deliver such further
instruments, documents and agreements, and perform such further acts as may be necessary or
proper to carry out and effect the terms of the Assignment and this Consent.
This Consent is being given to induce Lender to consent to the TIF Development
Agreement and to accept the Assignment, and with the understanding that Lender will rely hereon.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
Loan No. 1021174
4887-3614-8032.7
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF CRYSTAL, MINNESOTA
By _________________________________
Name: Therese Kiser
Title: President
By _________________________________
Name: Adam R. Bell
Title: Executive Director
[Signature Page to Consent to Collateral Assignment of Tax Increment Financing Note and
Development Agreement – 5240 Apartments]
April 18, 2023
Staff Contact:
John Sutter
Community Development Director
(763) 531-1130
john.sutter@crystalmn.gov
www.crystalmn.gov
EDA/City Lots
Redevelopment
2018:
•Ten lots sold
•$61,900 average lot price
2019:
•Seven lots sold
•$68,333 average lot price
2020: No lot sales
2021:
•4741 Welcome sold for
$100,000 (four-unit bldg.)
•3556 Major sold for $25,000
(single family home)
2022: No lot sales
EDA/City Lots Redevelopment
EDA/City Lots Redevelopment
Home Improvement
Grant Program
87 grants in 2022
102 in 2021
$2,676 average grant in 2022
$3,525 in 2021
$13,380 average project in 2022
$17,624 in 2021
$232,828 spent on grants in 2022
$359,531 in 2021
$39,625 spent on admin. in 2022
$62,730 in 2021
•Demand surged in 2020-2021
•New 2022 guidelines brought
expenditures back in line with
available revenue
Redevelopment
5240 Apts (Sand Companies)
58 unit, 4 story building on 1.75
acre site at 5240 West Broadway
Construction start spring 2023
Completion anticipated early 2024
Units range from 1BR to 4BR
All units affordable at or below 60%
of metro area median income
¾ of units -workforce housing
¼ of units -deeply affordable w/services
for veterans or people with disabilities
2022 milestones:
January: State awarded tax credits
Spring-Summer: Developer refined
design and prepares detailed plans
September: City approved rezoning
December: EDA created TIF district
Construction start spring 2023
Redevelopment
4824 56th
Two family dwelling:
2022 milestones:
October: EDA approved lot sale
November: Construction Contingency
Plan approved by MPCA
Construction start summer 2023
3401-3415
Douglas Dr
2022 milestones:
May: EDA selected developer
October: Response Action Plan approved
by MPCA
Construction start summer 2023
Eight townhomes:
Other Activities
Business Outreach
and PromotionSentenced
to Service
Litter Removal
Blight Prevention
Branding and
Beautification
City property at end of 2022 (north half)
City property at end of 2022 (south half)
April 18, 2023
John Sutter
Community Development Director
(763) 531-1130
john.sutter@crystalmn.gov
www.crystalmn.gov
Home Improvement Grant Program
•Administered by Center for Energy
& Environment
•Current CEE contracts through June
2024; EDA considers July 2024 -
June 2025 contract in Dec. 2023
•Program budget increased in 2020-
2021 to accommodate demand
•Program guidelines changed at end
of 2021 to reduce expenditures and
bring in line with available revenues
•Program largely funded with
increment from housing TIF district
that expires at the end of 2025
•TIF fund balance estimated to be
sufficient to continue grant
program through 2029
0
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
TIF District #2155 -Sources of Funds
Tax Increment Received Interest Income Expenditures from Fund Balance
0
100,000
200,000
300,000
400,000
500,000
600,000
700,000
2020 2021 2022 2023 2024 2025 2026 2027 2028 2029 2030 2031
TIF District #2155 -Uses of Funds
Cavanagh TIF Note Payments Home Improvement Programs
TIF Administration & Misc.Savings to Fund Balance
Redevelopment
Developer Meetings
•Staff will continue to meet with developers
and promote redevelopment opportunities.
•Significant barrier to new development is
the lack of vacant land in Crystal.
•The vacancy rate in Crystal’s retail buildings
has declined to ~5%, low by any standard,
and this reduces owners’ incentive to sell.
•Examples: Developers looked at 6000 56th,
7000 57th and the Crystal Gallery Mall. The
numbers didn’t work even with 25 years of
redevelopment TIF.
2023 activities
Continue outreach to property owners and prepare potential development site fliers
Follow up with developers from previous discussions and seek out additional developers
Goal is to put another development deal together for 2024 construction
Continue to seek other agency funding for transformative realignment of Douglas Drive -
West Broadway intersection
Blue properties with
magenta asterisks
have development
underway; will likely
be red by 2024-2025.
Property Tax Value Per Acre
(a very rough -and imperfect -proxy for economic density)
•Hennepin County awarded $30,000 in 2022.
•Available for older buildings on Bass Lake
Road, 42nd Ave. and Douglas Dr.
2022 project: Elision Playhouse
2023 projects: B&R Transmission (6304
42nd) and Wine Thief and Ale Jail (3600
Douglas Dr)
•Assistance is a no-interest, deferred,
forgivable loan for 50% of project cost.
•To continue program, need to make an
appropriation from EDA fund balance for
2023 and add to 2024 budget.
•Benefit of using our own funds is not limiting
eligibility to these three locations.
Storefront / Façade
Enhancement Incentive
Beautification and Branding
Continued from 2022:
•Planter Boxes
30 boxes will be placed in same
areas as last year: Bass Lake Road,
42nd Ave. and Douglas Dr.
•Litter Clean-Up (STS)
•Contract with Hennepin
County Sentenced to Service.
•STS crew picks up litter on
segments of Bass Lake Road,
West Broadway, 42nd Ave,
Douglas Dr, and Bottineau Blvd
from Bass Lake Road to the
bridge over CP Rail.
•Clean-ups to occur each week
after snowmelt in April, then
every two weeks through
October.
New in 2023: Planting the 36th Avenue
median west of Hwy 100
Concrete median will be cut out concurrent with 36th
Avenue overlay project this summer.
Planting in late summer-early fall with shade trees,
shrubs, grasses and low maintenance ground cover.
To minimize cost, no irrigation or power will be
installed. Plants will be watered for first 2-3 years
until they are established.
Cash costs paid by EDA, planting, watering and other
maintenance by Public Works (Parks division).
Business Networking Group
•Crystal Business Association disbanded
at the end of 2022.
•CBA’s value was business networking
and city-business connections.
•The New Hope Business Networking
Group serves that function without
any formal structure.
•Some former CBA members have
started participating in this group.
Business Development and Promotion
Business Promotion
•Local Business Brainteasers during the
Thanksgiving-New Year holiday season.
•Explore advertising options (value-for-
money is a big concern).
•Continue to try new things and see
what works -and what doesn’t.
•Provides expertise, capital, and
resources to businesses.
•Focused on helping business start up,
scale up and expand.
•Services include legal, business plans,
operations and marketing.
•Services provided at no cost due to
funding primarily from the county
•Secondary funding from local city
partners -Crystal will contribute
$5,000 on a trial basis in 2023
•Supplants the $3,750 we had been
providing to Open to Business (MCCD)
Disposition of EDA Property -5565 Vera Cruz
Options:
1.Sell EDA lot to adjacent owner of 5505 56th (Rose-Bo flower shop)
•If Rose-Bo is interested, EDA would need closed meeting to discuss terms
2.Replat both properties
•Increases Rose Bo’s street frontage and space for expansion
•Creates a buildable lot for EDA to sell for new home construction
•Basically a property swap -but a much more complicated option than #1
2021 Aerial Photo Replat Scenario