HomeMy WebLinkAbout02/14/1984 TENTATIVE AGENDA
ADJ'.REG. SESSION SHAKOPEE , MINNESOTA FEBRUARY 14, 1984
Mayor Reinke presiding
11 Roll Call at 7 :00 P.M.
21 7 :00 P.M. PUBLIC HEARING - Prohibiting Snowmobiles on Public Streets
within the City of Shakopee
31 Recess for H.R.A.
41 Reconvene
5] Resolution No. 2221 , Setting Public Hearing on the modification of the
Redevelopment Plan for the Kmart Tax Increment Project by enlargement,
�apleincreased costs, and redesignation; and on the establishment of a
p� Tax Increment District No. 4 and proposed financing plan for Tax
Increment District No. 4 - for February 28 , 1984 at 9 :00 P .M.
61 Discussion on Street Rehabilitation Assessment Policies :
a] Rural Roads ( subdivisions) - memo on table
b] Industrial Park - memo on table
c] Storm Sewer Assessment Alternatives
71 Other Buxiness:
a] Bill from Barton-Aschman Associates, Inc . - $25 , 886. 13
b]
c]
8] Adjourn to Tuesday, February 21 , 1984 at 7 :00 P.M.
John K. Anderson
City Administrator
TENTATIVE AGENDA
Housing Authority in and for the
City of Shakopee, Minnesota
City Hall Council Chambers
Adjourned Regular Session February 14 , 1984
Chairman Colligan presiding
1 . Roll Call at 7 : 00 p .m. or thereafter
2 . Tax-Increment Financing Proposal
a. Review Planning Commission Comments on draft
Redevelopment Plan Modifications
b. Adopt Resolution No. 84-2 , A Resolution Modifying
the Redevelopment Plan for Valley Industrial Park
Redevelopment Project No. 1 and redesignating it
as the Modified , Housing and Redevelopment Plan
for Minnesota River Valley Housing and Redevelop-
ment Project No. 1 . (bring plan distributed
Feb. 7 , 1984)
C . Review of draft Developer ' s Agreement and Tax-
Increment Financing Plan .
3 . Other business
4. Adjourn to February 21 , 1984 , at 7 : 00 P.M.
Jeanne Andre
Executive Director
i
�-I 2 A 2-
MEMO
MEMO TO: Housing and Redevelopment Authority
FROM: John K. Anderson, City Admin.
RE: Planning Commission Comments
on Modified Housing and
Redevelopment Plan.
DATE: February 10, 1984
INTRODUCTION
The Planning Commission, at its regular February 9 , 1984
Meeting, reviewed the modified Housing and Redevelopment Plan
which expands the original K-Mart Planning Area to incorporate
most of the Industrial Park and a portion of the downtown in-
cluding the Central Business District .
PLANNING COMMISSION COMMENTS
The Planning Commission passed a motion forwarding the
following three comments to the Housing and Redevelopment
Authorities :
1 . Would the 3rd Avenue boundary line for the expanded
Redevelopment Plan Area have been more appropriately
located on 4th Avenue which is the Southern boundary
of the City' s R3 zoning?
2 . Would it be appropriate to include in the Planning
Area the intersection of County Road 83 and County
Road 16?
3 . The concern was expressed that no part of the re-
financed K-Mart tax increment district proceeds be
spent to help the Race Track even if that included
off-site traffic improvements . The feeling was that
the Race Track' s huge size should generate sufficient
increments to handle off-site traffic improvements
and this would insure that the full amount of the
refinanced K-Mart project could be used for improve-
ments in the downtown.
SUMMARY
The Planning Commission comments should be reviewed and
discussed by the HRA. The comments do not have to be formally
acted upon by the HRA; however, O'Connor and Hannon have indi-
cated that we could make boundary changes if the HRA felt they
wanted to incorporate the Planning Commission' s comments in
the proposed modifications for the Housing and Redevelopment Plan.
Or-
Housing and Redevelopment Authority
Page 2
February 10, 1984
The Planning Commission has tentatively set Monday,
February 27 , 1984 as the date for a Planning Commission
Meeting to review the specific Race Track tax increment
district to render a finding as to its conformance with
the comprehensive plan.
JKA/bn
HOUSING AND REDEVELOPMENT •AUTHORITY
IN AND FOR THE
CITY OF SHAKOPEE
COUNTY OF SCOTT
STATE OF MINNESOTA
RESOLUTION NO. 14-7,
A RESOLUTION MODIFYING THE REDEVELOPMENT PLAN
FOR VALLEY INDUSTRIAL PARK REDEVELOPMENT PROJ-
ECT NO. 1 AND REDESIGNATING IT AS MODIFIED
HOUSING AND REDEVELOPMENT PLAN FOR MINNESOTA
RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT
NO. 1 AND ESTABLISHING TAX INCREMENT DISTRICT
NO. 4 AND ADOPTING A TAX INCREMENT FINANCING
PLAN RELATING THERETO.
BE IT RESOLVED by the Commissioners ( the "Commis-
sioners" ) of the Housing and Redevelopment Authority ( the
"Authority" ) in and for the City of Shakopee, Minnesota ( the
"City" ) , as follows :
Section 1 . Recitals .
1. 01. It has been proposed that the Authority modify by
enlargement the Redevelopment Plan for Valley Industrial
Park Redevelopment Project No. 1 ( the "Redevelopment Plan" )
pursuant to and in accordance with Minnesota Statutes, Sec-
tions 462 . 411 to 462 . 716, inclusive, as amended, and re-
designate the Modified Housing and Redevelopment Plan as
Redevelopment Plan for Minnesota River Valley Housing and
Redevelopment Project No. 1 ( the "Modified Redevelopment
Plan" ) .
1. 02. It has been further proposed that the Authority
establish Tax Increment District No. 4 within Redevelopment
Project No. 1 and adopt a proposed Tax Increment Financing
Plan relating thereto pursuant to and in accordance with
Minnesota Statutes, Sections 273 . 71 to 273 . 78, inclusive, as
amended.
1. 03. The Planning Commission for the City has reviewed
and commented on the Modified Redevelopment Plan and the
Authority has received and reviewed the Planning Commis-
sion' s comments .
1.04 . The Authority hereby determines that such modifi-
cation is necessary and in the best interest of the City.
Section 2. Modification of the Redevelopment Plan and
Tax Increment Financing Plan.
2. 01 . The Modified Redevelopment Plan and proposed Tax
Increment Financing Plan are hereby approved and adopted by
the Authority.
2. 02. The Secretary of the Authority is hereby directed
to submit the Modified Redevelopment Plan including the Tax
Increment Financing Plan to the City Council for review and
approval.
Section 3 . Establishment of Proposed Tax Increment
District No. 4 .
3 . 01. Tax Increment District No. 4 within Redevelopment
Project No. 1 is hereby approved and established by the
Authority.
Dated: _ 1984
Chairman
Attest :
Executive Director
- 2 -
TO: Shakopee HRA Commissioners
FROM: Jeanne Andre , Executive Director
RE: Tax-Increment Financing Proposal
DATE: February 10, 1984
INTRODUCTION:
At its February 7 , 1984 , meeting the Shakopee Housing and
Redevelopment Authority (HRA) initiated consideration of the tax-
increment district- for the proposed Shakopee Race Track . A number
of issues are ready for action or discussion at the February 14th
meetings of the HRA . and the City Council .
BACKGROUND :
Planning Commission Comments on Plan :
The HRA reviewed in concept the Modified Housing Redevelopment
Plan for Minnesota River Valley Housing and Redevelopment Project
No. 1 , and referred it to the Planning Commission for comment . The
comments made by the Planning Commission at its February 9 , 1984 ,
meeting are summarized in the attached memo from City Administrator
John Anderson . The comments relate to the allocation of expenditures
from the K-Mart District and the proposed Redevelopment Project Area
boundaries . Mr . Casserly of O 'Conner and Hannon has suggested that
the boundaries of the Redevelopment Plan not be changed at this time
as neither of the proposed changes is necessary to consider a new
tax-increment district for the race track . A change in the boundaries ,
if directed by the HRA, could reasonably occur at such time as the
three existing tax-increment districts are reorganized if the existing
K-Mart bonds are refinanced .
Adoption of Resolution 84-2 :
The draft Redevelopment Plan was distributed to the HRA at
its February 7th meeting . O 'Conner and Hannon is proposing a few
changes to the plan (primarily to the legal description) . The
changes will be explained at the meeting, so Commissioners are
requested to bring their copies of the draft plan for discussion.
After discussion and review of any proposed changes to the plan,
the HRA should adopt Resolution No. 84-2 , A RESOLUTION MODIFYING
THE REDEVELOPMENT PLAN FOR VALLEY INDUSTRIAL PARK REDEVELOPMENT
PROJECT NO. 1 AND REDESIGNATING IT AS MODIFIED HOUSING AND RE-
DEVELOPMENT PLAN FOR MINNESOTA RIVER VALLEY HOUSING AND REDEVEL-
OPMENT PROJECT NO. 1 .
Review of TIF Plan and Developer ' s Agreement ,
O ' Conner and Hannon will provide draft copies of the Tax-
Increment Financing Plan for a Race Track District and the related
developer ' s agreement to City Staff on Monday, February 13 , 1984 .
Staff will distribute these drafts as early as possible . These items
will be presented for discussion at the February 14th meeting, but
are not scheduled for adoption until February 28th .
Page Two
City Council adoption of TIF Plan and Developer ' s Agreement :
The City Council , at its February 14 , 1984 , meeting will set a
public hearing on the Tax-Increment Finance Plan for the Race Track .
This hearing has been scheduled for 9 :00 P.M. and will follow the
previously scheduled Goals and Objectives session. This tight
scheduling may necessitate an earlier closing time for the Goals
and Objectives session, to allow the Council to get back to City
Hall in time to open the hearing.
REQUESTED ACTION:
HRA:
Adopt Resolution No. 84-2 , A RESOLUTION MODIFYING THE REDEVEL-
OPMENT PLAN FOR VALLEY INDUSTRIAL PARK REDEVELOPMENT PROJECT NO. 1
AND REDESIGNATING IT AS MODIFIED HOUSING AND REDEVELOPMENT PLAN FOR
MINNESOTA RIVER VALLEY HOUSING AND REDEVELOPMENT PROJECT NO. 1 .
City Council :
Adopt Resolution No. 2221 , Setting Public Hearing on the
Modification of the Redevelopment Plan for the K-Mart Tax Increment
Project by Enlargement , Increased Costs , and Redesignation ; and on
the Establishment of a Tax-Increment District No. 4 and Proposed
Financing Plan for Tax Increment District No. 4 .
Councilmember introduced the
following resolution, the -reading of -—which was dispensed
with by unanimous consent , and moved its adoption:
CITY OF SHAKOPEE
COUNTY OF SCOTT
STATE OF MINNESOTA
RESOLUTION NO.
RESOLUTION CALLING PUBLIC HEARING AND RATIFYING
PUBLISHED NOTICE THEREOF ON THE MODIFICATION BY THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE OF VALLEY INDUSTRIAL PARK REDEVEL-
OPMENT PROJECT NO. 1 AND THE REDEVELOPMENT PLAN
RELATING THERETO, THE ESTABLISHMENT OF PROPOSED TAX
INCREMENT DISTRICT NO. 4 AND THE ADOPTION OF A TAX
INCREMENT FINANCING PLAN RELATING THERETO
BE IT RESOLVED by the City Council ( the "Council" ) of
the City of Shakopee, Minnesota ( the "City" ) , as follows :
Section 1 . Public Hearing. This Council shall meet on
Tuesday, February 28 , 1984, at approximately 8 : 30 p.m. , to
hold a public hearing on the following matters : (a) the
modification by the Housing and Redevelopment Authority in
and for the City on the enlargement of, increased project
costs within and the redesignation of Valley industrial Park
Redevelopment Project No. 1 as Minnesota River Valley Hous-
ing and Redevelopment Project No. 1, (b) the modification of
the Redevelopment Plan relating thereto, (c) the establish-
ment by the Authority of proposed Tax increment District No.
4, and (d) the approval and adoption of a proposed Tax in-
crement Financing Plan for Tax increment District No. 4 , all
pursuant to and in accordance with Minnesota Statutes , Sec-
tions 462 . 411 to 462 . 716, inclusive—, as amend—edminnesota
Statutes, Section 273 . 74, subd. 4, as amended, and _Minnesota
Statutes, Sections 273 . 71 to 273 . 78, inclusive, as amended.
Section 2 . Notice of Hearing; filing of Plans . This
Council hereby ratifies publication of notice of such hear-
ing published substantially in the form attached hereto as
Exhibit A in the Shakopee Valley News . The Clerk is autho-
rized and directed to place a copy of the proposed Modified
Housing and Redevelopment Plan, and the proposed Tax Incre-
ment Financing Plan on file in the Clerk ' s office and to
make such plans available for inspection by the public com-
mencing February 15, 1984 .
Adopted by the City Council of the City of Shakopee,
Minnesota, on February 14 , 1984 .
The motion for the adoption of the foregoing resolution
was duly seconded by Councilmember ,
and upon vote being taken thereon, the following voted in
favor thereof :
and the following voted against the same:
whereupon said resolution was declared duly passed and
adopted, and was signed by the Mayor and attested to by the
City Clerk .
Mayor
ATTEST:
Clerk
2
EXHIBIT A
NOTICE OF PUBLIC HEARING
CITY OF SHAKOPEE
COUNTY OF SCOTT
STATE OF MINNESOTA
NOTICE IS HEREBY GIVEN that the City Council ( the "Coun-
cil" ) of the City of Shakopee, County of Scott , State of
Minnesota, will hold a public hearing on Tuesday, Febru-
ary 28, 1984 , at 8 : 30 p.m. , at City Hall , Shakopee, Minne-
sota, relating to the modification by the Housing and Rede-
velopment Authority in and for the City of Shakopee on the
enlargement of, increased project costs within, and redesig-
nation of Valley Industrial Park Redevelopment Project No. I
as Minnesota River Valley Housing and Redevelopment Project
No. 1 and the establishment of proposed Tax Increment Dis-
trict No. 4 pursuant 'Co Minnesota Statutes , Sections 462 . 411
to 462 . 716 , inclusive, as amended, Minnesota Statutes , Sec-
tion 273 . 74, subd. 4 , as amended, and Minnesota Statutes ,
Sections 273 . 71 to 273 .78 , inclusive, as arrended. The hear-
ing is also relative to a proposed modification of the Rede-
velopment Plan for Redevelopment Project No. I and a pro-
posed Tax Increment Financing Plan for Tax Increment Dis-
trict No. 4, copies of which will be on file and available
for public inspection in the Clerk ' s office not later than
February 15, 1984 .
The property proposed to be in Redevelopment Project
No. 1 is legally described as follows :
Section 31, 32, 33, 34, 35 and 36, Township
116 , Range 22 south of the Minnesota River ,
Scott County, Minnesota.
That part of Section 1, 2 , 3 , 4, 5 , 10 and 11 ,
Township 115 , Range 22, Scott County, Minne-
sota, lying northerly of the southerly right
of way of the Trunk Highway 101 Bypass as
recorded in Document Number 179496 in the
office of the Scott County Recorder .
That part of Section 12, Township 115 , Range
22, Scott County, Minnesota, lying northerly
of the following described line:
Beginning at the Southwest Corner of the
Northwest Corner of said Section 12 , thence
northerly to the southerly right of way of the
Trunk Highway 101 Bypass as recorded in Dccu-
ment Number 179496 in the office of the Scott
A - 1
County Recorder , to the true point of begin-
ning, thence easterly along said southerly
right of way to the intersection with the
southerly right of way of Trunk Highway 101 ,
then easterly along said Trunk Highway 101
right of way to the East line of said Section
12 and there terminating .
That part of the East Half of Section 9 , Town-
ship 115 , Range 22 , Scott County, Minnesota,
lying northerly of the southerly right of way
of the Trunk Highway 101 Bypass as recorded in
Document Number 179496 in the office of the
Scott County Recorder .
That part of the West Half of Section 9 , Town-
ship 115 , Range 22 , Scott County, Minnesota,
lying northerly of the southerly right of way
of County Road No. 16 .
That part of the West Half of Section 9 , Town-
ship 115 , Range 22 , Scott County, Minnesota,
lying northerly of the southerly right of way
of the Trunk Highway 101 Bypass as recorded in
Document Number 179496 in the office of the
Scot',.: County Recorder .
The South Half of the North Half of Section 7 ,
Township 115 , Range 22 , Scott County, Minne-
sota .
That part of the South Half of Section 7 ,
Township 115, Range 22, Scott County, Minne-
sota, lying northerly of the southerly right
of way of the Trunk Highway 101 Bypass as
recorded in Document Number 179496 in the
office of the Scott County Recorder .
That part of Section 8 , Township 115 , Range
22 , Scott County, Minnesota, lying northerly
of the southerly right of way of the Trunk
Highway 101 Bypass as recorded in Document
Number 179496 in the office of the Scott
County Recorder excepting therefrom:
The Northwest Quarter of the Northwest
Quarter of Section 8 lying southerly of
the southerly right of way of County Road
No. 16 .
Section 6 , Township 115 , Range 22 , Scott
County, Minnesota, and Section 1 and Section
A 2
2, Township 115, Range 23, Scott County, Min-
nesota, excepting therefrom:
Hesse ' s First Addition to Shakopee , Scott
County, Minnesota; Hesse ' s Second Addi-
tion to Shakopee, Scott County, Minne-
sota; Scenic Heights 4th Add ' n, Scott
County, Minnesota; and that part of Sec-
tion 6 , Township 115, Range 22, Scott
Countv, Minnesota, and that part of Sec-
tion 1 and Section 2, Township 115 , Range
23, Scott County, Minnesota, lying south-
erly and westerly of the following de-
scribed line :
Beginning at the Southeast Corner of
Section 6 , Township 115 , Range 22 , Scott
County, Minnesota, thence westerly along
the south line of said Section 6 to the
westerly right of way of County Road No .
17 to the true point of beginning , thence
northerly along said County Road No. 17
right of way to the northeast corner of
Lot 2 , Block 2 , Furrie ' s 2nd Addition,
Scott County, Minnesota, thence westerly
along the southerly right of way of Third
Avenue to the northwest corner of Lot 1 ,
Block 2 of said Furrie ' s 2nd Addition,
which point bears North 10 Degrees 24
Minutes 14 Seconds West from the South-
west corner of said Lot 1 , a distance of
148.69 feet, thence westerly to the
northeast corner of Lot 6, Block 28 , East
Shakopee, Scott County, Minnesota, thence
westerly along the south right of way of
Third Street to the northwest corner of
Lot 10 , Block 4, of said East Shakopee,
thence westerly to the northeast corner
of Lot 6, Block 166 , Shakopee City, Scott
County, Minnesota thence westerly along
the southerly right of way of Third
Street to the northwest corner of Lot 10 ,
Block 49 , of said Shakopee City, thence
southerly along the easterly right of way
of Holmes Street to the northwest corner
of Lot 10, Block 56 of said Shakopee
City, thence westerly along the southerly
right of way of Fourth Street to the
northwest corner of Court House Square
thence southerly along the easterly right
of way of Fuller Street to the northwest
corner of Lot 10 , Block 73 of said
A - 3
Shakopee Citv, thence westerly along the
southerly right of way of Fifth Street to
the northeast corner of Lot 61 Block 71,
Shakopee City, thence northerly along the
westerly right of way of Atwood Street to
the northeast corner of Lot 6 , Block 46
of said Shakopee City, thence westerly
along the southerly right of way of Third
Street to the northwest corner of Lot 10 ,
Block 174 of said Shakopee City, thence
westerly to the northeast corner of Lot
2 , Block One Wiggin ' s First Addition,
Scott County, Minnesota , thence westerly
along the southerly right of way of Third
Avenue to the northwest corner of Lot 1 ,
of said Block One, which point is the
northeast corner of Lot 11, Block 4 ,
Koeper ' s Addition, Scott County, Minne-
sota , thence westerly along the southerly
right of way of Third Street to the
northwest corner of Lot 12 , Block 9 , of
said Koeper ' s Addition, thence westerly
to the northeast corner of Out Lot "A" ,
Husman Addition, Scott County, Minnesota,
thence westerly along the southerly right
of way of 3rd Street to the northwest
corner of Out Lot "D" thence southwest-
erly along the southeast right of way of
the C. St . P. M. & 0. Railroad to the
west line of Government Lot 7, Section 2 ,
Township 115 , Range 23 , Scott County,
Minnesota and there terminating.
The parcels proposed to be included in Tax Increment Dis-
trict No. 4 are within Redevelopment Project No. 1 and are
more specifically described in the proposed Tax Increment
Financing Plan.
The proposed additional project costs for Housing and
Redevelopment Project No. 1 are more specifically described
in the proposed Modified Housing and Redevelopment Plan for
Housing and Redevelopment Project No. 1.
All interested persons may appear at the hearing and
present their views orally or in writing.
Dated: , 1984 .
BY ORDER OF THE CITY COUNCIL
Clerk
A - 4
SHAKOPEE/MN RACKTRACK
FIRST DRAFT
February 13 , 1984
ASSESSMENT AGREEMENT
and
ASSESSOR ' S CERTIFICATION
By and between
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR
THE CITY OF SHAKOPEE, MINNESOTA
and
MINNESOTA RACETRACK LIMITED PARTNERSHIP
This document drafted by:
O' CONNOR & HANNAN
3800 IDS Center
Minneapolis , Minnesota 55402
THIS AGREEMENT, dated as of this day of
1984 , by and between the Housing and Redevelopment Authority
( the "Authority" ) in and for the City of Shakopee, Minnesota
( the "City" ) , a body corporate and politic and political
subdivision organized and existing under the Constitution
and laws of the State of Minnesota, and Minnesota Racetrack
Limited Partnership, a limited partnership organized and
existing under the laws of the State of Minnesota ( the
"Developer" ) ;
WITNESSETH, that
WHEREAS, on or before the date hereof the Authority, the
City and the Developer have entered into a Contract for
Private Development dated as of #1 1984 ( the
"Development Agreement" ) , regarding certain real property
located in City of Shakopee , Minnesota River Valley Housing
and Redevelopment Project No. 1 in the City of Shakopee,
Minnesota, pursuant to which the Authority is to acquire
certain property, hereinafter referred to as the Development
Property and legally described in Attachment A hereto, and
reconvey the Develo Property to the Developer ; and
WHEREAS, is ntemplated that pursuant to said Devel-
opment Agre ment the Developer will construct an approxi-
mately s ____ - - -t thoroughbred horseracing facility
upon the Development Property; and
WHEREAS, the Authority and Developer desire to establish
a minimum market value for the Development Property and the
improvements to be constructed thereon pursuant to the De-
velopment Agreement ( the "Minimum Improvements" , as that
term is defined in the Development Agreement) ( cumulatively,
the "Assessed Property" ) for the calculation of real prop-
erty taxes, or taxes in lieu thereof pursuant to Minnesota
Statutes, Section 272 . 01 or any successor statute, pursuant
to the provisions of Minnesota Statutes, Section 273 . 76 ,
subdivision 8 (a copy of Minnesota Statutes, Section 273 . 76 ,
subdivision 8 is attached hereto) ; and
WHEREAS, the Authority and the Assessor for the City
have reviewed the preliminary plans and specifications for
the Minimum Improvements which it is contemplated will be
erected;
NOW, THEREFORE, the parties to this Agreement, in con-
sideration of the promises, covenants and agreements made by
each to the other , do hereby agree as follows :
1 . Upon substantial completion of construction of the
Minimum Improvements by the Developer, but in no event later
than January 2, 1986 , the minimum market value which shall
be assessed with respect to the Assessed Property shall be
Dollars ( $ ) . The
parties to this Agreement expect that the construction of
the above-referenced improvements will be completed prior to
January 1, 1986 .
2 . in the event that the City does not, for whatever
reason, acquire and reconvey the Development Property to the
Developer , pursuant to the terms of Article III of the De-
velopment Agreement , this Agreement shall be null and void.
3 . The minimum market values herein established shall
be of no further force and effect and this Agreement shall
terminate upon December 31 , 1994 .
4 . Nothing in this Assessment Agreement shall limit
the discretion of the Assessor for the City to assign a
market value to the Assessed Property in excess of
$ nor prohibit the Developer from seeking through
the exercise of legal or administrative remedies a reduction
in such market value for property tax purposes ; provided,
however , that the Developer shall not seek a reduction of
the market value of the Assessed Property below $'
for the year 1986 or any year thereafter so long as the
Assessment Agreement shall remain in effect.
5 . Neither the preambles nor provisions of this Agree-
ment are intended to, nor shall they be construed as, modi-
fying the terms of the Development Agreement between the
Authority, the Developer and the City.
1 6 . This Agreement shall inure to the benefit of and be
binding upon the successors and assigns of the parties.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
By -7
ItsChairman
By
Its Secretary
2 -
MINNESOTA RACETRACK LIMITED
PARTNERSHIP
By
Its General. Partner
3
STATE OF MINNESOTA)
) SS
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this
day of 19_, by
and the and
of the Housing and Redevelopment
Authority in and for the City of Shakopee, Minnesota .
Notary Public
STATE OF MINNESOTA)
) SS
COUNTY OF SCOTT
The foregoing instrument was acknowledged before me this
day of , 19 by a
general partner of Minnesota Racetrack Limited Partnership,
a Minnesota limited partnership, on behalf of the partner-
ship.
Notary Public
CERTIFICATION BY CITY ASSESSOR
The undersigned, having reviewed the plans and specifi-
cations for the improvements to the constructed and the
market value assigned to the land upon which the improve-
ments are to be constructed, and being of the opinion that
the minimum market values contained in the foregoing Agree-
ment appear reasonable, hereby certifies as follows : The
undersigned Assessor , being legally responsible for the
assessment of the above described property, hereby certifies
that the market value assigned to such land and improvements
upon completion of the improvements to be constructed
thereon, and in no event later than January 2 , 1986 , shall
not be less than Dollars
( $ prior to termination of this Agreement .
Assessor for the City of
Shakopee, Minnesota
4
STATE OF MINNESOTA)
) SS.
COUNTY OF SCOTT )
The foregoing instrument was acknowledged before me this
day of , 19 , by ,
the Assessor for the City of Shakopee, Minnesota .
Notary Public
- 5 -
ATTACHMENT A TO ASSESSMENT AGREEMENT
[Development Property]
The Northeast Quarter of the Southeast Quarter of Section 5,
Township 115, Range 22 , Scott County, Minnesota excepting
therefrom:
The West 150 . 00 feet of the north 333 . 00 feet of
the Northeast Quarter of the Southeast Quarter of
Section 5 , Township 115, Range 22 .
The South Half of the Southeast Quarter of Section 5 , Town-
ship 115, Range 22 , Scott County, Minnesota .
The Southwest Quarter of the Southwest Quarter of Section 4 ,
Township 115 , Range 22 , Scott County, Minnesota .
That cart of the East Half of the Northeast Quarter of Sec-
tion 8, Township 115 , Range 22 , Scott County, Minnesota,
lying northerly of the centerline of County Road No. 16 .
The Northwest Quarter of Section 9 , Township 115 , Range 22.
Scott County, Minnesota excepting therefrom:
The south 400 feet of the west 100 feet of the
South Half of the Northwest Quarter .
The East Half of the Southwest Quarter of Section 9 , Town-
ship 115, Range 22 , Scott County, Minnesota, lying northerly
of the centerline of County Road No. 16 .
Ass - 1A
ATTACHMENT B TO ASSESSMENT AGREEMENT
Minnesota Statutes , Section 273 . 76 , Subdivision 8 :
An authority may, upon entering into a development or
redevelopment agreement pursuant to section 2-13 . 75, subdivi-
sion 5 , enter into a written assessment agreement in record-
aie form with the developer or redeveloper of property
within the tax increment financing district which estab-
lishes a minimum market value of the land and com-oleted
improvements to be constructed thereon until a specified
termination date, which date shall be not later than the
date upon which tax increment will no longer be remitted to
the authority pursuant to section 273 .75 , subdivision 1 .
The assessment agreement shall be presented to the county
assessor , or city assessor having the powers of the county
assessor , of the jurisdiction in which the tax increment
financing district is located.
'L The assessor shall review
the plans and specifications for the improvements to be con-
structed, review the market value previously assigned to the
land upon which the improvements are to be constructed and,
so long as the minimum market value contained in the assess-
ment agreement appears , in the judgment of the assessor , to
be a reasonable estimate, shall execute the following certi-
fication upon such agreement:
The undersigned assessor , being legally responsible for
the assessment of the above described property upon
completion of the improvements to be constructed
thereon, hereby certifies that the market value assigned
to such land and improvements upon completion shall not
be less than $
Upon transfer of title of the land to be developed or
redeveloped from the authority to the developer or redevel-
oper, such assessment agreement, together with a copy of
this subdivision, shall be filed for record and recorded in
the office of the county recorder or filed in the office of
It--he registrar of titles of the county where the real estate
or any part thereof is situated. Upon completion of the
improvements by the developer or redeveloper , the assessor
shall value the property pursuant to section 273 . 11, except
that the market value assigned thereto shall not be less
than the minimum market value contained in the assessment
agreement. Nothing herein shall limit the discretion of the
assessor to assign a market value to the property in excess
of the minimum market value contained in the assessment
agreement nor prohibit the developer or redeveloper from
seeking, through the exercise of administrative and legal
remedies , a reduction in market value for property tax pur-
poses; provided, however , that the developer or redeveloper
Ass - 1B
shall not seek , nor shall the city assessor , the county
assessor , the county auditor , any board of review, any board
of equalization, the commissioner of revenue or any court of
this state grant a reduction of the market value below the
minimum market value contained in the assessment agreement
during the term of the agreement filed of record regardless
of actual market values which may result from incomplete
construction of improvements, destruction or diminution by
any cause, insured or uninsured, except in the case of ac-
quisition or reacquisition of the property by a public en-
tity. Recording or filing of an assessment agreement com-
plying with the terms of this subdivision shall constitute
notice of the agreement to any subsequent purchaser or en-
cumbrancer of the land or any part thereof, whether volun-
tary or involuntary, and shall be binding upon them.
Ass - 23
MODIFIED HOUSING AND REDEVELOPMENT PLAN
FOR
MINNESOTA RIVER VALLEY
HOUSING AND REDEVELOPMENT PROJECT NO. 1
(FORMERLY VALLEY INDUSTRIAL PARK
REDEVELOPMENT PROJECT NO. 1)
INCLUDING TAX INCREMENT FINANCING PLAN FOR
TAX INCREMENT DISTRICT NO. 4
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF SHAKOPEE, MINNESOTA
February 28 , 1984
This document was drafted by: O' CONNOR & HANNAN
3800 IDS Tower
80 South Eighth Street
M I
inneapolis , Minnesota 53402
612/341-3800
MUNICIPAL ACTION TAKEN
Based upon the statutory authority described in the
Modified Housing and Redevelopment Plan attached hereto, the
public purpose findings by the Commissioners and for the
purpose of fulfilling the Authority ' s housing and redevelop-
ment objectives as set forth in the Modified Housing and
Redevelopment Plan, the Commissioners have created, estab-
lished and designated the Minnesota River Valley Housing and
Redevelopment Project No. 1 pursuant to and in accordance
with the requirements of Sections 462 . 411 through 462 . 716 ,
inclilsi.ve, as amended ( the "Housing and Redevelopment Act" ) .
The following municipal action was taken in connection
therewith:
January 2 , 1979 : The Redevelopment Plan for the Valley
Industrial Park Redevelopment Project- No . 1 was adopted
by the City Council.
July 17 , 1979 : The Redevelopment Plan for the Valley
Industrial Park Redevelopment Project No. 1 was modified
by the City Council by expansion of the geographic area.
February 28, 1984 : The Redevelopment Plan for the Val-
ley Industrial Park Redevelopment Project No. 1 was
further modified by the City Counsel by expansion of the
project area and redesignation as Minnesota River Valley
Housing and Redevelopment Project No. 1 .
TABLE OF CONTENTS
(This Table of Contents is not part of the 'codified
Housing and Redevelopment Plan and Tax Increment Financing
Plans , and is only for convenience of reference . )
PAGE
SECTION I . MODIFIED HOUSING AND REDEVELOPMENT PLAN
FOR MINNESOTA RIVER VALLEY HOUSING AND
REDEVELOPMENT PROJECT NO. 1
Subsection 1 . 1 . Definitions . . . . . . . . . . . . . . . . . . . 1-1
Subsection 1 . 2 . Statement and Finding of Public
Purpose. . . . . . . . . . . . . . . . . . . . . . . . . . . 1-2
Subsection 1 . 3 . Statutory Authority. . . . . . . . . . . . . . . . 1-4
Subsection 1 . 4 . Statement of Objectives. . . . . . . . . . . h1-5
Subsection 1 . 5 . Boundaries of Housing and
Redevelopment Project No. 1 . . . . . . . . 1-7
Subsection 1 . 6 . Parcels to be Acquired in Whole
or in Part Within Housing and
Redevelopment Project No. 1 . . . . . . . 1-10
Subsection 1 . 7 . Estimated Public Improvement
Costs and Supportive Data. . . . . . . . . 1-12
Subsection 1 . 8 . Public Improvements and
Facilities Within Housing and
Redevelopment Project No. 1 . . . . . . . 1-12
Subsection 1 .9 . Environmental Controls . . . . . . . . . . . . 1-13
Subsection 1. 10 . Proposed Reuse of Property. . . . . . . . 1-13
Subsection 1 . 11 . Administration and Maintenance
of Housing and Redevelopment
Project No. 1 . . . . . . . . . . . . . . . . . . . . . 1-14
Subsection 1 . 12 . Rehabilitation . . . . . . . . . . . . . . . . . . . . 1-14
Subsection 1.13 . Relocation. . . . . . . . . . . . . . . .1-14
Subsection 1.14 . Redevelopment Obligations . . . . . . . . . 1-14
EXHIBIT I-A Boundary Map of Redevelopment
Project No. 1 As Established
on January 2 , 1979 . . . . . . . . . . . . . . . . . . . . . . 1-A-1
EXHIBIT I-B Boundary Map of Modified
Redevelopment Project No. 1, as
Modified on July 17 , 1979 . . . . . . . . . . . . . . . 1-B-1
EXHIBIT I-C Boundary Map of Modified
Housing and Redevelopment
Project No. 1 as Modified
on February 28, 1984 . . . . . . . . . . . . . . . . . . . . I-C-1
{ i )
SECTION II . TAX INCREMENT FINANCING PLAN FOR TAX INCRE-
MENT DISTRICT NO. 4
Subsection 22 . 1 . Statement of Objectives ( ref) . . . . . . 2-1
Subsection 2 . 2 . Modified Housing and Redevel-
opment Plan ( ref ) . . . . . . . . . . . . . . . . . . 2-1
Subsection 2 . 3 . Parcels to be Included in Tax
Increment District No. 4 . . . . . . . . . . . 2-1
Subsection 2 . 4 . Parcels in Aquisition. . . . . . . . . . . . . . 2-1
Subsection 2 . 5 . Development Activity in
Housing and Redevelopment
Project No. 1 for which
Contracts have been Signed. . . . . . . . . 2-2
Subsection 2 . 6 . Other Specific Development
Expected to Occur within
Housing and Redevelopment
Project No. 1 . . . . . . . . . . . . . . . . . . . . . . 2-2
Subsection 2 . 7 . Estimated Cost of Project . . . . . . . . . . 2-2
Subsection 2 . 8 . Bonded Indebtedness to be
Incurred. . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Subsection 2 . 9 . Sources of Revenue. . . . . . . . . . . . . . . . . 2-2
Subsection 2 . 10 . Estimated Captured Assessed
Value and Estimate of Tax
Increment . . . . . . . . . . . . . . . . . . . . . . . . . . 2-2
Subsection 2 . 11. Type of Tax Increment District . . . . . 2-3
Subsection 2 . 12 . Duration of Tax Increment
District No. 4 . . . . . . . . . . . . . . . . . . . . . 2-3
Subsection 2. 13 . Estimated Impact on Other
Taxing Jurisdictions . . . . . . . . . . . . . . . 2-3
Subsection 2 . 14 . Modification of Tax Increment
District No. 4 and/or Tax
Increment Financing Plan. . . . . . . . . . . 2-4
Exhibit II-A Map of Property within Tax
Increment District No. 4 . . . . . . . . . . II-A-1
APPENDIX A ADMINISTRATIVE GUIDE FOR THE ADMINISTRA-
TION OF THE MODIFIED HOUSING AND REDEVEL-
OPMENT PLAN FOR HOUSING AND REDEVELOPMENT
PROJECT NO. 1. . . . . . . . . . . . . . . . . . . . . . . . . . . . . .A-1
Exhibit 1 Model Information Form to be Submitted
to the School Boards , Scott County
Board and the Minnesota Energy and
Economic Development Authority. . . . . . . . . . ( 1)
SECTION I .
MODIFIED HOUSING AND REDEVELOPMENT PLAN FOR
MINNESOTA RIVER VALLEY HOUSING AND
REDEVELOPMENT PROJECT NO. 1
Subsection 1 . 1 . Definitions . The terms defined below
shall , for purposes of this Modified Housing and Redevelop-
ment Plan, have the meanings herein specified, unless the
context otherwise specifically requires :
"Authority" means a housing and redevelopment authority
created or authorized to be created by Minnesota Statutes ,
§462 . 415 to 462 .705 .
"City" means the City of Shakopee, a municipal corpora-
tion and political subdivision of the State of Minnesota,
subject to the legal requirements of Chapter 412 of Minne-
sota Statutes relating to statutory cities .
"Comprehensive Plan" means the City ' s comprehensive plan
submitted to the Metropolitan Council pursuant to Minnesota
Statutes, 9473 - 173 , which contains the objectives, policies,
standards and programs to guide public and private land use,
development, redevelopment and preservation for all lands
and water within the City through 1990 .
"Council" means the City Council of the City, also re-
ferred to as the governing body as defined in Minnesota
Statutes, §462A. 421 , subd. 5 .
1'222ntyll means the County of Scott , Minnesota.
"Housing and Redevelopment Act" means the statutes lo-
cated at Minnesota Statutes, §462 . 411 through 462 . 716 , in-
clusive, as amended.
"Housing and Redevelopment Authority" means a housing
and redevelopment authority created or authorized to be
created by Minnesota Statutes, 5462 . 415 to 462 .705 .
"Housing_ and Redevelopment Project No. I" means the
Minne-sota River Valley Housing and Redevelopment Project No.
1 as defined in Minnesota Statutes , 5462 . 42 , subd. 13 .
"Modified Housing and Redevelopment Plan" means the plan
as modified from time to time by the Authority and the City
for the Housing and Redevelopment Project .
means Housing and Redevelopment Project No. 'LF
the public improvements and facilities to be constructed
1
within Housing and Redevelopment Project No. 1 , as more
fully described in Section 1 . 8 . of the Modified Housing and
Redevelopment Plan.
"Project Area" means the real property located within
the geographic boundaries of Housing and Redevelopment Proj-
ect No. 1.
"Redevelopment Plan" means the original plan, approved on
January 2 , 1979 and modified from time to time by the
Authority and the City for the Housing and Redevelopment
Project as defined in Minnesota Statutes , 5462 . 421 , subd.
15 .
"Special Assessment Bonds" means the special assessment
bonds issued by the City to finance certain public improve-
ments within Housing and Redevelopment Project No. I pursu-
ant to the Modified Housing and Redevelopment Plan . The
term "Special Assessment Bonds" shall also include any obli-
gations issued to refund the Special Assessment Bonds .
"State" means the State of Minnesota .
"Tax Increment Bonds" means the general obligation tax
increment bonds issued and to be issued by the City to
finance the public costs associated with Housing and Rede-
velopment Project No. 1 as stated in the Modified Housing
and Redevelopment Plan and in the Tax Increment Financing
Plans for the Tax Increment Districts within Housing and
Redevelopment Project No. 1. The term "Tax Increment Bonds"
shall also -include any obligations issued to refund the Tax
Increment Bonds .
"Tax Increment District" means any tax increment dis-
trict presently established or to be established in the
future in Housing and Redevelopment Project No. 1 .
"Tax Increment Financing Act" means the statutory provi-
sions of Minnesota Statutes , 5273 . 71 through 5273 . 78, inclu-
sive, as amended.
"Tax Increment Financing Plan" means the respective Tax
Increment Financing Plan for each Tax Increment District
located within the Project Area.
( SUBSECTION 1. 1 WAS 'ADOPTED AS A MODIFICATION TO THE
MODIFIED HOUSING AND REDEVELOPMENT PLAN ON FEBRAURY 28,
1984. )
Subsection 1 . 2 . Statement and Finding of Public Pur-
pose. The Commissioners ( the "Commissioners" ) of the Hous-
ing and Redevelopment Authority ( the "Authority" ) in and for
1 - 2
the City of Shakopee, Minnesota ( the "City" ) have determined
that there is a need for housing, development and redevelop-
ment within the corporate lim.its of the City to provide
employment opportunities, to improve the tax base and to
improve the general economy of the State of Minnesota. The
Commissioners have also determined that there is a need for
safe, decent , sanitary housing for all residents of the
City, particularly for the elderly and handicapped. There
is a need to provide an adequate housing supply for all
residents at a cost they can afford, particularly to provide
standard housing choices to persons and families of low and
moderate income. Therefore, the Commissioners have deter-
mined that certain parcels of property qualify as a "housing
project" pursuant to Minnesota Statutes Section 462 . 421 ,
subdivision 14 and as a "housing district"' pursuant to Min-
nesota Statutes Section 273 . 73 , subdivision 11 .
It is found that there are certain parcels of property
within the City which are potentially more useful , produc-
tive and valuable than is being realized under existing
conditions , and, therefore, are not contributing to the tax
base of the City to their full potential . The Commissioners
have determined that said parcels of property are deemed to
be blighted by virtue of conditions of unusual and difficult
physical characteristics of the ground, which conditions
have prevented normal development of the land by private
enterprise, resulting- in a stagnant and unproductive condi-
tion of land potentially useful and valuable for contrib-
uting to the public health, safety and welfare. Therefore,
the Commissioners have determined that certain parcels of
property qualify as a "redevelopment project" pursuant to
Minnesota Statutes , Section 462 . 421, Subdivision 13 and as a
"redevelopment district" pursuant to Minnesota Statutes ,
Section 273 .73, subdivision 10 .
The Commissioners have further determined that the es-
tablishment of this housing and redevelopment project will
provide the Authority and the City with the ability to
achieve certain public purpose goals not otherwise obtain-
able in the foreseeable future without the intervention of
the authority and the City in the normal development pro-
cess. The public purpose goals include: the restoration
and improvement of the tax base and the tax revenue gener-
ating capacity of the housing and redevelopment project ,
increased employment opportunities, the availability of safe
healthful housing for all residents, the realization of com-
prehensive planning goals, the removal of blighted condi-
tions, and the revitalization of the property within the
housing and redevelopment project to create an attractive,
comfortable, convenient and efficient area for industrial ,
commercial and related uses .
1 - 3
( SUBSECTION 1 . 3 WAS ADOPTED AS A MODIFICATION TO THE
MODIFIED HOUSING AND REDEVELOPMENT PLAN ON FEBRAURY 28,
1984) .
Subsection 1 . 3 . Statutory Authority. THE HOUSING AND
REDEVELOPMENT ACT. The Authority has determined that it is
desirable and in the public interest to designate a specific
area within the corporate limits of the City as Minnesota
River Valley Housing and Redevelopment Project No. 1 ( "Hous-
ing and Redevelopment Project No. 1" ) , and to establish,
modify and administer a housing and redevelopment plan ( the
"Modified Housing and Redevelopment Plan" ) for Redevelopment
Project No. 1, pursuant to the provisions of Minnesota Stat-
utes , Sections 462 . 411 to 462 .716 , inclusive, as amended
( the "Housing and Redevelopment Act" ) .
Financing of the housing portions of Housing and Rede-
velopment Project No. 1 for the handicapped and the elderly
and for single family and multi-family housing , including
both low and moderate income housing, will be accomplished,
in part, through issuance of Chapter 462C and Section
462 . 445 , subdivisions 10 , 11 and 12 bonds or other obliga-
tions . Housing bonds or other housing obligations that were
approved by official action of the City or Authority before
April 25, 1979 and exempted from the provisions of the Mort-
gage Subsidy Bond Tax Act of 1980, P.L. 96-499 , pursuant to
Section 1104 (b) were issued without regard to the restric-
tions of 4620 as provided by Section 462C. 10 .
The financing of certain public improvements to be made
within Housing and Redevelopment Project No. 1 shall be
accomplished, in part , through the use of funds which may be
available to the Authority from any source, including funds
furnished to the Authority by the City which may include the
proceeds of bonds issued by the City, pursuant to Section
462 . 581( 9) of the Housing and Redevelopment Act, to pay all
or any part of the Authority of activities authorized by
Section 462 . 445 , Subdivision 1, Clause 7 of the Housing and
Redevelopment Act .
THE MINNESOTA TAX INCREMENT FINANCING ACT. Minnesota
Statutes, Sections 273 . 71 through 273 .78, inclusive, as
amended ( the "Tax Increment Financing Act" ) , provides the
procedure for the establishment of tax increment districts
for the use of tax increment financing authorized by the
Housing and Redevelopment Act described above for the fund-
ing of qualified public activities and improvements.
The Tax Increment Financing Act authorizes the estab-
lishment within any tax increment district within Housing
and Redevelopment Project No. 1 of one or more of the fol-
lowing types of tax increment districts : ( i ) a redevelop-
1 - 4
ment district; ( ii ) a housing district ; and/or ( iii ) an
economic development district . The requirements for estab-
lishing each of the above are set forth in Section 273 . 73 ,
Subdivisions 10 , 11 and 12 , respectively, of the Tax Incre-
ment Financing Act . The Tax Increment Financing Act also
designates for each of the above types of tax increment
districts , the limitations and requirements that apply to
activities and public improvements which can be financed for
each type of tax increment district .
The modification of each tax increment financing plan
shall be governed by the requirements of Section 273 . 74 ,
Subd. 4, of the Tax Increment Financing Act, and the City
Council, by this Modified Housing and Redevelopment Plan,
hereby will establish the last subsection of each tax incre-
ment financing plan for each tax increment district as the
subsection in which any modifications to the tax increment
financing plan are stated. Appendix 3 of this Redevelopment
Plan is hereby designated as the place where copies of each
resolution passed by the Council modifying in any manner the
Modified Housing and Redevelopment Plan or any tax increment
financing plan shall be located and shall become a part of
this Modified Housing and Redevelopment Plan .
Subsection 1 . 4 . Statement of Objectives . The Authority
and the City seek to achieve the following objectives
through the implementation of the Modified Housing and Rede-
velopment Plan:
(AS ORIGINALLY ADOPTED ON JANUARY 2, 1979 ) .
The Housing and Redevelopment Authority and the City of
Shakopee through this Redevelopment Plan, seek to achieve
the following objectives:
a. To provide logical and organized land use
for the area consistent with the City comprehensive
plan and zoning ordinance.
b. To eliminate blighting influences which
to date have impeded potential development in the
area.
C. To provide safe and adequate drainage in
this area .
d. To provide adequate utilities and other
public improvements and facilities to enhance the
area for both new and existing development .
e . To stimulate commercial and industrial
development in the Project area and in the City.
1 - 5
f . To provide increased employment and to
supplement the financial and property tax base of
the City.
9. To provide maximurr, opportunity, consis-
tent with the sound needs of the City as a whole ,
for redevelopment by private enterprise.
(OBJECTIVES WERE FURTHER EXPANDED ON FEBRAURY 28, 1984 )
h. To encourage planning and development of
a desirable and unique character within Housing and
Redevelopment Project No. 1 through quality land
use alternatives and design quality in new and
remodeled buildings and residences , in a manner
consistent with the comprehensive plan of the City
and with a minimum adverse impact on the environ-
ment .
i . To acquire certain property within Hous-
ing and Redevelopment Project No. 1 which is not
now in productive use or in its highest and best
use, to make S0.L41
corrections on said property and
to construct public improvements on said property,
thereby promoting and securing the development of
other land in the City.
j . To subdivide and sell or lease the im-
proved property to private developers, including
new, small and/or local businesses , which will pro-
vide increased employment opportunities in the City
and the surrounding area and increase the tax base
of those taxing jurisdictions within which Housing
and Redevelopment Project No. 1 is located, in
order to better enable such entities to pay for
governmental services and programs required to be
provided by them.
k . To provide safe, decent , sanitary housing for
all residents of the City at a cost they can afford.
1 . To provide additional new housing units so as
to accomodate the needs of expanding commercial and
industrial employment base including high-quality hous-
ing choices to persons and families of low and moderate
income.
M. To provide sound residential neighborhoods
that are ascetically developed, well located and ade-
quately serviced with municipal utilities and amenities .
1 - 6
n. To provide the impetus for residential devel-
opment by private enterprise consistent with the goals
of the Authority and the City including the policies ,
present and future housing needs , and housing allocation
plans and implementation programs of the Housing Element
of the Metropolitan Development Guide of the Metropoli-
tan Council of the Twin Cities Area.
Subsection 1. 5 . Boundaries of Redevelooment Project No.
1 As Established on January 2 , 1979 . ( SEE EXHIBIT I-A FOR
BOUNDARY MAP. ) The property which comprised the original
Valley Industrial Park Redevelopment Project No. 1 is
legally described as follows :
Lot 1 , Block 1 , Valley Park , 3rd Addition,
City of Shakopee, Minnesota; and
Boundaries of Redevelo ment Project No. 1 were modified
on July 17 , 1979 to include the following : ( SEE EX-
HIBIT I-B FOR BOUNDARY MAP. )
The Right of way of County Road 83 Southerly
of Trunk Highway 101 and northerly of County
Raod 16; Lot 1 , Block 1, Valley Third Addi-
tion; and Lot 13 , Block One, Valley Park Fifth
Addition; and the West 1/2 of Section 9 , Town-
ship 115, Range 22 , except that part of the
West 1/2 of Section 9, 'Township 115 , Range 22,
Southerly of the centerline of County Road 16 ;
all lying within the City of Shakopee, Scott
County, Minnesota.
increased Geographic Area of Housing and Redevelop-
ment Project No. 1 as Modified on February 287
1984 . ( SEE EXHIBIT I-C FOR BOUNDARY MAP. ) -
(The boundaries of Redevelopment Project No. l as
modified on July 17 , 1979 are included in the ex-
panded project area)
Section 31, 32 , 33, 34 , 35 and 36 , Township
116 , Range 22 south of the Minnesota River ,
Scott County, Minnesota .
That part of Section 1, 2, 3 , 4 , 5 , 10 and 11,
Township 115, Range 22, Scott County, Minne-
sota, lying northerly of the southerly right
of way of the Trunk Highway 101 Bypass as
recorded in Document Number 179496 in the
office of the Scott County Recorder .
1 - 7
That part of Section 12, Township 115 , Range
22, Scott County, Minnesota lying northerly of
the following described line :
Beginning at the Southwest Corner of the
Northwest Corner of said Section 12, thence
northerly to the southerly right of way of the
Trunk Highway 101 Bypass as recorded in Docu-
ment Number 179496 in the office of the Scott
County Recorder , to the true point of begin-
ning, thence easterly along said southerly
right of way to the intersection with the
southerly right of way of Trunk Highway 101,
thence easterly along said Trunk Highway 101
right of way to the East line of said Section
12 and there terminating.
That part of the East Half of Section 9 , Town-
ship 115, Range 22 , Scott County, Minnesota,
lying northerly of the southerly right of way
of the Trunk Highway 101 Bypass as recorded in
Document Number 179496 in the office of the
Scott County Recorder .
That part of the West Half of Section 9 , Town-
ship 115, Range 22 , Scott County, Minnesota ,
lying northerly of the southerly right of way
of County Road No. 16 .
That part of the West Half of Section 9 , Town-
ship 115, Range 22, Scott County, Minnesota,
lying northerly of the southerly right of way
of the Trunk Highway 101 Bypass as recorded in
Document Number 179496 in the office of the
Scott County Recorder .
The South Half of the North Half of Section 7 ,
Township 115, Range 22, Scott County, Minne-
sota.
That part of the South Half of Section 7 ,
Township 115 , Range 22, Scott County, Minne-
sota, lying northerly of the southerly right
of way of the Trunk Highway 101 Bypass as
recorded in Document Number 179496 in the
office of the Scott County Recorder .
That part of Section 8, Township 115 , Range
22, Scott County, Minnesota, lying northerly
of the southerly right of way of the Trunk
Highway 101 Bypass as recorded in Document
Number 179496 in the office of the Scott
County Recorder excepting therefrom:
1 - 8
The Northwest Quarter of the Northwest
Quarter of Secticn 8 lying southerly of
the southerly right of way of County Road
No. 16 .
Section 6, Township 111.5, Range 22, Scott
County, Minnesota, and Section I and Section
2, Township 115 , Range 23 , Scott County, Min-
nesota, excepting therefrom:
Hesse ' s First Addition to Shakopee, Scott
County, Minnesota; Hesse ' s Second Addi-
tion to Shakopee, Scott County, Minne-
sota; Scenic Heights 4th Add ' n, Scott
County, Minnesota; and that part of Sec-
tion 6 , Township 115, Range 22, Scott
County, Minnesota, and that part of Sec-
tion I and Section 2, Township 115 , Range
23 , Scott County, Minnesota, lying south-
erly and westerly of the following de-
scribed line:
Beginning at the Southeast 'Corner of
Section 6 , Township 115 , Range 22 , Scott
County, Minnesota, thence westerly along
the south line of said Section 6 to the
westerly right of way of County Road No.
17 to the true point of beginning, thence
northerly along said County Road No. 17
right of way to the northeast corner of
Lot 2, Block 2, Furrie ' s 2nd Addition,
Scott County, Minnesota, thence westerly
along the southerly right of way of Third
Avenue to the northwest corner of Lot 1 ,
Block 2 of said Furrie ' s 2nd Addition,
which point bears North 10 Degrees 24
Minutes 14 Seconds West from the South-
west corner of said Lot 1, a distance of
148 . 69 feet, thence westerly to the
northeast corner of Lot 6 , Block 28 , East
Shakopee, Scott County, Minnesota, thence
westerly along the south right of way of
Third Street to the northwest corner of
Lot 10, Block 4, of said East Shakopee,
thence westerly to the northeast corner
of Lot 6, Block 166 , Shakopee City, Scott
County, Minnesota thence westerly along
the southerly right of way of Third
Street to the northwest corner of Lot 10 ,
Block 49 , of said Shakopee City, thence
southerly along the easterly right of way
1 - 9
of Holmes Street to the northwest corner
of Lot 10 , Block 56 of said Shakopee
City, thence westerly along the southerly
right of way of Fourth Street to the
northwest corner of Court House Square
thence southerly along the easterly right
of way of Fuller Street to the northwest
corner of Lot 10 , Block 73 of said
Shakopee City, thence westerly along the
southerly right of way of Fifth Street to
the northeast corner of Lot 6 , Block 71 ,
Shakopee City, thence northerly along the
westerly right of way of Atwood Street to
the northeast corner of Lot 6 , Block 46
of said Shakopee City, thence westerly
along the southerly right of way of Third
Street to the northwest corner of Lot 10 ,
Block 174 of said Shakopee City, thence
westerly to the northeast corner of Lot
2 , Block One Wiggin ' s First Addition,
Scott County, Minnesota , thence westerly
along the southerly right of way of Third
Avenue to the northwest corner of Lot 1 ,
of said Block One, which point is the
northeast corner of Lot 11 , Block 4 ,
Koeper ' s Addition, Scott County, Minne-
sota, thence westerly along the southerly
right of way of Third Street to the
northwest corner of Lot 12 , Block 9 , of
said Koeper ' s Addition, thence westerly
to the northeast corner of Out Lot "A" ,
Husman Addition, Scott County, Minnesota,
thence westerly along the southerly right
of way of 3rd Street to the northwest
corner of Out Lot "D" thence southwest-
erly along the southeast right of way of
the C. St . P. M. & 0. Railroad 'Co the
west line of Government Lot 7 , Section 2 ,
Township 115 , Range 23 , Scott County,
Minnesota and there terminating.
Subsection 1 . 6 . Parcels to be Acquired in Whole or in
Part Within Housing and Redevelopment Project No. 1 . The
fallowing parcels of property will be acquired by the
Authority to be included within Housing and Redevelopment
Project No. 1:
(AS ORIGINALLY ADOPTED ON JANUARY 2 , 1979 )
It is anticipated that it will be necessary to
acquire the property in the Redevelopment Project Area
immediately upon approval of these plans , and to enter
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into contracts to provide moneys for this purpose using
the land as security for the repayment of such moneys .
All new development on Ii-and acquired by the Housing and
Redevelopment Authority in the Redevelopment Project
shall be industrial and/or commercial . it is estimated
that the cost of acquiring the property described below,
through negotiation or condemnation, will be approxi-
mately $1, 100 , 000 .
Lot 1, Block 1, Valley Park , 3rd Addition,
City of Shakopee, Minnesota; and
(AS MODIFIED ON FEBRUARY 28, 1984)
The Northeast Quarter of the Southeast Quarter of
Section 5, Township 115 , Range 22 , Scott County,
Minnesota excepting therefrom:
The West 150 . 00 feet of the north 333 . 00 feet
of the Northeast Quarter of the Southeast
Quarter of Section 5, Township 115 , Range 22 .
The South Half of the Southeast Quarter of Section
5 , Township 115 , Range 22, Scott County, Minnesota.
The Southwest Quarter of the Southwest Quarter of
Section 4, Township 115, Range 22, Scott County,
Minnesota.
That part of the East Half of the Northeast Quarter
of Section 8, Township 115, Range 22 , Scott County,
Minnesota, lying northerly of the centerline of
County Road No. 16 .
The Northwest Quarter of Section 9 , Township 115,
Range 22, Scott County, Minnesota excepting there-
from:
The south 400 feet of the west 100 feet of the
South Half of the Northwest Quarter .
The East Half of the Southwest Quarter of
Section 9 , Township 115 , Range 22 , Scott
County, Minnesota, lying northerly of the
centerline of County Road No. 16 .
Subsection 1 . 7 . Estimated Public Improvement Costs and
Supportive Data.
(AS ORIGINALLY ADOPTED ON JANUARY 2 , 1979 )
The estimated costs of the public improvements to be
made within the original Valley Industrial Park Redevelop-
ment Project No. 1 and financed by tax increments derived
from the tax increment district within Valley Industrial
Park Redevelopment Project No. 1 are as follows :
Estimated costs of Housing and
Redevelopment Authority 3, 650 , 000*
Includes capitalized interest
Estimated costs of Redevelopment
Project to be financed by the
private developer 15 , 000 , 00
Estimated annual debt service 630 , 000
Estimated annual tax increment 700 , 000
Estimated Tax Increment Revenue Bond Issue
It is estimated that the City will have to issue
t-a x increment revenue bonds to finance the public rede-
velopment cost of the Project of $1 , 120 , 000 and the
costs to be incurred by the City in aid of the Redevel-
opment Project of $1, 205 , 000 . It is estimated that the
bond issue will be in the amount of $3 , 650 , 000 in order
to provide moneys needed to pay interest on the bonds
until tax increments to be derived from the Redevelop-
ment Project are available to pay debt service.
( ESTIMATED PUBLIC IMPROVEMENT COSTS OF BOND ISSUANCE AS
MODIFIED ON FEBRUARY 28, 1984 TO BE INSERTED)
Subsection 1 . 8 . Public Improvements - and Facilites
Within Housing and Redevelopment Project No . 1 .
(AS ORIGINALLY ADOPTED ON JANUARY 2 , 1979 )
The cost of the Redevelopment Project to be paid by
the City, and of public improvements to be constructed
by the City in aid of the Project, and the anticipated
proceeds to be received by the City from the disposition
of the property within the Redevelopment Project , are
estimated to be as follows :
12
Public Redevelopment Cost
Land Acquisition $1 , 100 , 000
Site Preparation 720 , 000
Site Improvements 400 , 000
2 , 220 , 000
Less : Anticipated Sale Proceeds 11100 , 000
$1 , 120 , 000
Costs incurred in Aid of Project
Utilities - water , sewer , etc. $ 700 , 000
Water Storage Tank 1 , 100 , 000
Municipal Well 250 , 000
Administrative and Planning 25 , 000
Fiscal and Legal 30 , 000
$2 , 105 , 000
(AS MODIFIED ON FEBRUARY 28 , 1984 )
Earthwork and grading $ 1 , 500 , 000
Roads and parking 2 , 025 , 000
E. I . S . 125 , 000
Curb and gutter 525 , 000
Wat-ermains 537 , 500
Sanitary sewers 317 , 100
Storm sewers 1, 908, 200
Tunnel under track 175 ,000
Sidewalk 340 , 000
Site lighting 1, 105 , 000
Site fencing 220 ,000
Open space amenities 4 , 486 , 000
TOTAL $13 , 263 ,800
Subsection 1.9 . Environmental Controls . The proposed
development in Housing and Redevelopment Project No. 1 does
not present significant environmental concerns . All munici-
pal actions, public improvements and private development
shall be carried out in a manner consistent with existing
environmental standards .
Subsection 1 . 10 . Proposed Reuse of Property . Many of
the public improvements needed to bring about housing, de-
velopment and redevelopment as set forth in Subsection 1 .8
above include acquisition and sale of land, relocation of
existing public improvements, demolition and site improve-
ments .
The Modified Housing and Redevelopment Plan does not
contemplate the acquisition of private property until such
time as a private developer presents an economically feasi-
ble program for the reuse of that property. Proposals for
the reuse of private property must be within the framework
of the above cited goals and objectives of the Authority and
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i
the City. Acquisition and sale of certain private property
by the Authority shall be subject to a binding contract with
the purchaser incorporating appropriate restrictions regard-
ing the reuse and redevelopment of the property. Before
approving any such contract or sale, the Authority shall be
satisfied that adequate funds will be available to repay the
public costs associated with the proposed acquisition .
Subsection 1 . 11. Administration and Maintenance of
Housing and Redevelopment Project No. 1 . Maintenan.ce and
operation of the public improvements in Housing and Redevel-
opment Project No. 1 will be the responsibility of the
Director of the Authority in and for the City ( the "Admin-
istrator" ) . The Administrator will administer Housing and
Redevelopment Project No. 1 pursuant to the provisions of
the Housing and Redevelopment Act; provided, however , that
such powers may only be exercised at the direction of the
Authority. No action taken by the Administrator pursuant to
the above-mentioned powers shall be effective without autho-
rization by the Authority .
Subsection 1 . 12 . Rehabilitation. Owners of properties
within Housing and Redevelopment Project No. 1 will be en-
couraged to rehabilitate their properties to conform with
the applicable state and local codes and ordinances , as well
as any design standards . Owners of properties who purchase
property within Housing and Redevelopment Project No. 1 from
the Authority may be required to rehabilitate their proper-
ties as a condition of the sale of the land. The Authority
will provide such rehabilitation assistance as may be avail-
able from federal, state or local sources .
Subsection 1. 13 . Relocation. The Authority accepts its
responsibility for providing assistance for relocation ac-
tivities pursuant to Section 462 . 531 of the Housing and
Redevelopment Act .
Subsection 1 . 14 . Redevelopment Obligations . (AS ORIGI-
NALLY ADOPTED ON JANUARY 2 , 1979 ) . The general requirements
to be imposed upon the redeveloper are:
a. To redevelop the land within the Project in
accordance with this Redevelopment Plan and the Redevel-
opment Agreement .
b. To submit all construction plans to the Hous-
ing and Redevelopment Authority for review and approval .
C. To commence and complete the construction of
improvements within such reasonable period of time as
determined by the Housing and Redevelopment Authority.
1 - 14
d. To provide guarantees for the performance of
its obligations under the Redevelopment Agreement .
e. Not to discriminate on the basis of race,
color , creed, sex or national origin in the construction
of the facility or in the employment of personnel .
f . To devote the land only to the uses permitted
by this Redevelopment Plan for a period of twenty ( 20 )
years from the date of the conveyance by the Housing and
Redevelopment Authority.
g. To pay promptly when due all real estate taxes
and special assessments.
h. To take no action which would cause the prop-
erty within the Project to become exempt from real es-
tate taxation for so long as tax increment revenue bonds
are outstanding.
i . To comply with all applicable provisions of
the Municipal Housing and Redevelopment Act, Minnesota
Statutes, Section 462 . 411, et seq.
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EXHIBIT I—C
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The following tax increment districts will be incorporated into
Minnesota River Valley Housing and Redevelopment Project No. 1
and will be identified as follows:
Tax Increment District No. 1:
K-Mart Tax Increment District
Adopted: January 2, 1979
Modified: July 17, 1979
Tax Increment District No. 2:
Elderly Highrise Redevelopment Project
Adopted: August 21, 1979
Modified: December 22 , 1981
Tax Increment District No. 3 :
Downtown Tax increment Financing .District No. lA
Adopted: June 29 , 1982
SECTION II . TAX INCREMENT FINANCING PLAN
FOR TAX INCREMENT DISTRICT NO. 4
Subsection 2 . 1 . Statement of Objectives .
See Section I , Subsection 1 . 4 of the Modified Hous-
ing and Redevelopment Plan.
Subsection 2 . 2 . Modified Housing and Redevelopment
Plan
See Section I , Subsections 1 . 2 through 1 . 14 .
Subsection 2 . 3 . Parcels to be Included in Tax Increment
District No. 4 . The following parcel located in the City of
Shakopee, County of Scott , State of Minnesota :
The Northeast Quarter of the Southeast Quarter
of Section 5 , Township 115 , Range 22 , Scott
County, Minnesota , excepting therefrom:
The West 150 . 00 feet of the North
333 . 00 feet of the Northeast Quarter
of the Southeast Quarter of Secticn
5 , 'Township 115 , Range 22 .
The South Half of the Southeast Quarter of
Section 5 , Township 115 , Range 22 , Scott
County, Minnesota .
The Southwest Quarter of the Southwest Quarter
of Section 4 , Township 115, Range 22 , Scott
County, Minnesota.
That part of the East Half of the Northeast
Quarter of Section 8 , Township 115 , Range 22 ,
Scott County, Minnesota, lying northerly of
the centerline of County Road No. 16 .
FURTHER INFORMATION REGARDING THE T_DENTIFICATION OF
THE PARCEL TO BE INCLUDED IN TAX INCREMENT USTRICT
NO. 4 CAN BE OBTAINED FROM THE OFFICE OF THE CITY
ADMINISTRATOR.
Subsection 2 . 4 . Parcels in Acquisition. The Authority
acquired and reconveyed the parcelsidenti.fied in Section I ,
Subsection 1 . 6 as originally adopted on January 2 , 1979 and
will acquire the parcels identified in Section I , Subsection
1. 6 as modified on February 28 , 1984 . As the Authority
acquires said parcels , the Tax Increment Financing Plan for
Tax Increment District No. 4 will be modified to reflect the
acquisitions of said parcels .
2 - 1
The Following are conditions under which properties not
designated to be acquired may be acquired at a future date :
( 1) The Authority may acquire property by gift , dedica-
tion, condemnation or direct purchase from willing
sellers in order to achieve the objectives of the
tax increment financing plan; and
( 2) Such acquisitions will be undertaken only when
there is assurance of funding to finance the acqui-
sition and related costs .
Subsection 2 . 5 . Development Activir.y in Housing and
Redevelopment Project No. 1 for which Contracts have been
SiThe following contracts have been entered into by
Signed._a a
the City of Shakopee and the persons named below:
(Contracts entered into by the City of Shakopee or the
Authority will be inserted in this Subsection as they
are consummated . ]
Subsection 2 . 6 . Other Specific Development Exr)ected to
Occur within Housing and Redevelopment Project No. 1 .
[As specific development is expected to occur , it will
be inserted in this Subsection. ]
Subsection 2 . 7 . Estimated Cost of -Project .
See Section I , Subsection 1 .7 of the Modified Hous-
ing and Redevelopment Plan.
Subsection 2 . 8. Bonded Indebtedness to be Incurred. It
is anticipated that $7 , 250 , 000 of bond indebtedness will be
incurred with respect to Housing and Redevelopment Project
No. 1 .
Subsection 2 .9 . Sources of Revenue . It is anticipated
that the major source of 'revenue will be provided through
the issuance of general obligation tax increment bonds as
well as through special assessment bonds .
Subsection 2 . 10 . Estimated Captured Assessed Value and
Estimate of Tax Increment . The most recent assessed value
( the original assessed value) of Tax Increment District No.
4 is estimated to be $97 , 660 .
The estimated captured assessed value of Tax Increment
District No. 4 at ,completion is estimated to be $14 ,902 , 340 .
2 - 2
Tax increment has been calculated at approximately
mately
$1 , 268,920 annually commencing in 1987 .
Subsection 2 . 11 . Type of Tax Increment District . Tax
Increment District No. 4 is, pursuant to Section 272 . 73,
subd. 12 , an economic district as defined below:
It . . .a type of tax increment financing district
which consists of any project, or portions -of a
project , not meeting the requirements found in the
definition of redevelopment district or housing
district, but which the authority finds to be in
the public interest because:
(a) It will discourage commerce, industry or
manufacturing from moving their operations to
another state; or
( b) It will result in increased employment in
the municipality; or
( c) It will result in preservation and en-
hancement of the tax base of the municipality. "
Subsection 2 . 12 . Duration of Tax Increment District No.
4 . The duration of Tax Increment District No. 4 is expected
to be eight ( 8) years from the receipt of the first tax
increment. The City will forego any tax increments accruing
...n 1986 and will receive its -first full tax increment in
1987 .
Subsection 2 . 13 . Estimated Impact on Other Taxing Ju-
risdictions. The estimated impact of Tax increment District
No. 4 on the other taxing jursidictions within which Tax
Increment District No. 4 is set forth in the following
table:
IMPACT ON TAX BASE
Original District Future District
Assessed % of Assessed X of
Entity Tax Base Value Entity Value Entity
Scott County $293,671,922 $97,660 .033% $15,000,000 5.108%
I.S.D. #720 101,425,043 97,660 .096 15,000,000 14.789
Shakopee 96,443,444 97,660 .101 15,000,000 15.553
2 - 3
IMPACT ON MILL RATES
Current Potential
Entity Mill Rate Taxes
Scott County 33 . 004 $495 , 060
I . S.D. #720 55 . 630 834 ► 450
Shakopee 10 . 471 157 ► 065
Other ( 1 ) 4 . 493 67 , 395
( 1) Other taxing entities include the HRA, Metropolitan
Mosquito Control District , Lower Minnesota Watershed Dis-
trict, Metropolitan Council, Metropolitan Transit Commis-
sion.
Subsection 2 . 14 . Modification of Tax Increment District
No. 4 and/or Tax Increment Financing Plan.
As of February 28, 1984 , no modifications to Tax Incre-
ment District No. 4 or the Tax Increment Financing Plan
therefor have been made.
2 - 4
EXHIBIT II-A
T.H.
01
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14
TAX INCREMENT DISTRICT NO . 4
II-A-1
APPENDIX A
ADMINISTRATIVE GUIDE
FOR THE ADMINISTRATION OF THE MODIFIED HOUSING
AND REDEVELOPMENT PLAN FOR HOUSING AND REDEVELOPMENT ,
PROJECT NO. 1
The Authority has, pursuant to Section I , Subsection
1 . 11 of the Modified Housing and Redevelopment Plan, desig-
nated the Director of the Authority in and for the City to
serve as Administrator of the Modified Housing and Redevel-
opment Plan for Housing and Redevelopment Project No. 1 and
to supervise the maintenance and operation of public im-
provements and activities
financed by the Tax Increment
Districts within Housing and Redevelopment Project No. 1 .
Minnesota Statutes §472A. 09 and §472A. 10 .
ADMINISTRATIVE POWERS
The Administrator will administer the Modified Housing
and Redevelopment Plan pursuant to the provisions of
Sections 462 . 411 through 462 . 716 , inclusive, as amended, of
the Housing and Redevelopment Act . Subject to the authori-
zation and approval of the Board of Commissioners, the
Administrator shall administer , pursuant to §462 . 445 , subd.
( 1) through ( 9 ) , the following powers of the Authority:
( 1) To sue and be sued; to have a seal , which
shall be judicially noticed, and to alter the same at
pleasure; to have perpetual succession; and to make, and
from time to time amend and repeal , rules and regula-
tions not inconsistent with these sections ;
( 2 ) To employ an executive director , technical
experts, and such officers, agents and employees, perma-
nent and temporary, as it may require, and determine
their qualifications, duties, and compensation; for such
legal services as it may require, to call upon the chief
law officer of the municipality or to employ its own
counsel and legal staff ; so far as practicable, to use
the services of local public bodies , in its area of
operation, such local public bodies, if requested, to
make such services available;
( 3) To delegate to one or more of its agents or
employees such powers or duties as it may deem proper ;
( 4) Within its area of operation to undertake
prepare, carry out , and operate projects and to provide
for the construction, reconstruction, improvement , ex-
A
tension, alteration, or repair of any project or part
thereof;
( 5 ) Subject to the provisions of :vection 462 . 511 ,
to give, sell , transfer , convey or otherwise dispose of
real or personal property or any interest therein and to
execute such leases , deeds , conveyances , negotiable
instruments, purchase agreements, and other contracts or
instruments, and take such action, as may be necessary
or convenient to carry out the purposes of these sec-
tions;
( 6 ) Within its area of operation to acquire real
or personal property or any interest therein by gifts ,
grant, purchase, exchange, lease , transfer , bequest,
devise, or otherwise, and by the exercise of the power
of eminent domain in the manner or otherwise, and by the
exercise of the power of eminent domain, in the manner
provided by Minnesota Statutes 1945 , Chapter 117 , and
any amendments thereof or supplements thereto, to ac-
quire real property which it may deem necessary for its
purposes under these sections, after the adoption by it
of a resolution declaring that the acquisition of the
real property is necessary to eliminate one or more of
the conditions found to exist in the resolution adopted
pursuant to section 462 . 425 or found to exist by section
462 . 425, subdivision 5, or is necessary to carry out a
redevelopment project as defined in section 462 . 321,
subdivision 13 ;
( 7 ) Within its area of operation, and without the
adoption of an urban renewal plan, to acquire, by all
means as set forth in clause ( 6 ) of this subdivision,
including by the exercise of the power of eminent do-
main, in the manner provided by chapter 117 , and without
the adoption of a resolution provided for in subdivision
1 , clause ( 6 ) , real property, and to demolish, remove,
rehabilitate or reconstruct the buildings and improve-
ments or construct new buildings and improvements
thereon, or to so provide through other means , as set
forth in Laws 1974 , Chapter 228, or to grade, fill and
construct foundations or otherwise prepare the site for
improvements, and to dispose of said property pursuant
to section 462 . 525, provided that the provisions of
section 462 . 525 requiring conformance to an urban re-
newal plan shall not apply, and to finance such activ-
ities by means of the redevelopment project fund or by
means of tax increments or tax increment bonds or by the
methods of financing provided for in section 462 . 525 or
by means of contributions from the municipality provided
for in section 462 . 581 , clause ( 9 ) , or by any combina-
tion of such means ; provided that , real property with
A - 2
buildings or improvements thereon shall only be acquired
when the buildings or improvements are substandard; and
provided further that the exercise of the power of emi-
nent domain under this clause shall be limited to real
property which contains buildings and improvements which
are vacated and substandard. For the purpose of this
subparagraph, substandard buildings or improvements mean
buildings or improvements that are dilapidated or ob-
solescent, faultily designed, lack adequate ventilation,
light , or sanitary facilities, or any combination of
these or other factors that are detrimental to the
safety or health of the community;
( 8 ) Within its area of operation to determine the
level of income constituting low or moderate family
income. Such income level shall be that level below
which there is not available within the area of opera-
tion a substantial supply of decent , safe and sanitary
housing provided by private enterprise without subsidy
at prices or rents within the financial means of persons
and families of such incomes . The authority may estab-
lish various income levels for various family sizes . In
making its determination the authority may consider
income levels which may be established by the federal
housing administration or a similar or successor federal
agency for the purpose of federal loan guarantees or
subsidies for persons of low or moderate income. The
authority may use such determination as a basis for the
maximum amount of income for admissions to housing de-
velopment projects owned or operated by it ;
( 9 ) To provide in federally assisted projects such
relocation payments and assistance as may be necessary
to comply with the requirements of the Federal Uniform
Relocation Assistance and Real Property Acquisition
Policies Act of 1970 , and any amendments or supplements
thereto.
PROCEDURAL REQUIREMENTS
1. All actions taken by the Administrator pursuant to
the above-mentioned powers shall be carried out within the
statutory requirements for a statutory city as given in
Chapter 412 of Minnesota Statutes .
2 . An amount not exceeding ten percent ( 10% ) of the
total tax increment expenditures authorized by the tax in-
crement financing plan( s ) or the total tax increment expen-
ditures for the project, whichever is less, can be used to
pay any administrative expenses for a project .
Minnesota Statutes § 273 . 75, subd. 3 .
A - 3
3 . Administrative expenses include amounts paid for
services provided by bond counsel , fiscal consultants , and
planning or economic development consultants . Administra-
tive expenses do not include amounts paid for the purchase
of land or amounts paid to contractors or others providing
materials and services, including architectural and engi-
neering services , directly connected with the physical de-
velopment of the real property in the project , relocation
benefits paid to or services provided for persons residing
or businesses located in the project, or amounts used to pay
interest on, fund a reserve for , or sell at a discount bonds
issued pursuant to section 273 . 77 .
Minnesota Statutes §273 . 73 , subd. 13 .
4 . Following Council approval of a tax increment
financing plan for a tax increment district, the Administra-
tor shall request the County Auditor to certify the original
assessed value of the tax increment district .
Minnesota Statutes §273 . 74 , subd. 3 .
5 . Upon adoption by the Council of the tax increment
financing plan for a tax increment district , the Administra-
tor shall file a copy of the tax increment financing plan
with the Minnesota Energy and Economic Development Author-
ity.
Minnesota Statutes , §273 .74 , subd. 2 .
The plans should be addressed as follows :
Minnesota Energy and Economic
Development Authority
100 Hanover Building
480 Cedar Street
St . Paul , Minnesota 55101
6 . The Administrator shall seek modification of a tax
increment financing plan for a tax increment district by the
process required for approval of the original tax increment
financing plan if the Authority seeks to do any of the fol-
lowing:
(a) reduce or enlarge the geographic area of the
tax increment district ( the geographic area can be re-
duced but not enlarged after five ( 5 ) years following
certification to the original assessed value of the tax
increment district) ;
(b) increase the amount of bonded indebtedness to
be incurred;
A - 4
(c) increase the portion of captured assessed
value to be retained by the City;
(d) increase the total estimated tax increment
expenditures ; or
(e) designate additional property to be acquired
by the Authority.
Minnesota Statutes 5273 .74, subd. 4 .
7 . On or before July 1 of each year, the Administrator
shall submit to the Scott County Board, all affected school
boards, and to the Minnesota Energy and Economic Development
Authority a report of the status of each tax increment dis-
trict in Housing and Redevelopment Project No. 1 . The in-
formation to be included in the report is given in the model
form attached hereto as EXHIBIT 1 .
8. An annual statement showing the tax increment re-
ceived and expended in that year , the original assessed
value, the captured assessed value , the amount of outstand-
ing bonded indebtedness and any additional information the
Authority deems necessary shall be published in the official
newspapers of the City.
Minnesota Statutes 5273 .74, subd. 5 .
9 . All revenues derived from each tax increment dis-
trict shall be used in accordance with the tax increment
financing plan. The revenues shall be used for the follow-
ing purposes :
1. to pay the principal of and interest on bonds
issued to finance a project;
2 . to finance or otherwise pay the capital and
administration costs of Housing and Redevelopment Proj-
ect No. 1 pursuant to the Housing and Redevelopment Act;
3 . to accumulate and maintain a reserve in a
special development account for the payment of the prin-
cipal of and interest on bonds issued to finance a pro-
ject;
4. to pay for project costs as identified; and
5 . to finance or otherwise pay for other purposes
as provided in Section 273 .75 , Subd. 4 , of the Tax In-
crement Financing Act .
These revenues shall not be used to circumvent any 'Levy
limits.
Minnesota Statutes , §273 . 75 , Subd. 4 .
A - 5
10 . In the year in which the tax increments exceed the
amount necessary to pay the costs authorized by the tax
increment financing plans, including the amount necessary to
cancel any tax levy as provided in Minnesota Statutes , Sec-
tion 475 .61, Subd. 3, the Authority shall use the excess
amount to:
1. prepay any outstanding bonds;
2 . discharge the pledge of tax increment there-
for ;
3 . pay into an escrow account dedicated to the
payment of such bonds ; or
4 . return the excess amount to the County Auditor
for distribution as provided in Section 273 . 75, Subd. 2 ,
of the Tax Increment Act .
Minnesota Statutes , §273 . 75 , Subd. 2 .
11 . Pursuant to Section 273 . 75 , Subd. 1, of the Tax
Increment Financing Act :
1. No tax increments shall be paid to the City
for the tax increment districts after three ( 3 ) years
from the date of certification of the original assessed
value of the taxable property in the tax increment dis-
tricts by the County Auditor unless within the
11-hree( 3 )-year period: (a) bonds have been issued pursu-
ant to Section 273 . 77 or in aid of a project pursuant to
any other law, except revenue bonds issued pursuant to
Chapter 474 prior to August 1 , 1979 , or (b) the Author-
ity has acquired property within the tax increment dis-
tricts or ( c) the City has constructed or caused to be
constructed public improvements within the tax increment
districts .
2. The tax increments pledged to the payment of
bonds and interest thereon may be discharged and the tax
increment districts may be terminated if sufficient
funds have been irrevocably deposited in the debt ser-
vice fund or other escrow account held in trust for all
outstanding bonds to provide for the payment of the
bonds at maturity or redemption date.
1 3 . No tax increments shall in any event be paid
to the City from the tax increment districts after eight
( 8) years from the date of the receipt by the City of
the first tax increment or ten ( 10 ) years from approval
of each tax increment financing plan, whichever is
less . modification of each tax increment financing plan
A - 6
pursuant to Section 273 . 74, Subd. 4 , of the Tax Incre-
ment Financing Act shall not extend the durational
limits of that provision. (Once the Authority deter-
mines the term of the tax increment district , that term
shall govern. )
4 . If, after five ( 5) years from the date of
certification of the original assessed value of the tax
increment districts pursuant to Section 273 .75 of the
Tax Increment Financing Act, no demolition, rehabil-
itation or renovation of property or other site prepara-
tion, including improvement of a street adjacent to a
parcel but not installation of an underground utility
service, has been commenced on a parcel located within
the tax increment districts by the City or by the owner
of the parcel in accordance with the tax increment
financing plans , no additional tax increments may be
taken from that parcel , and the original assessed value
of that parcel shall be excluded from the original
assessed value of the Tax Increment Districts . If the
City or the owner of the parcel subsequently commences
demolition, rehabilitation or renovation or other site
preparation on that parcel, including improvement of a
street adjacent to that parcel, in accordance with the
tax increment financing plans , the authority shall cer-
tify to the County Auditor that the activity has com-
menced, and the County Auditor shall certify the as-
sessed value thereof as most recently certified by the
Commissioner of Revenue and add it to the original as-
sessed value of the tax increment districts . For pur-
poses of this subdivision, "parcel" means a tract or
plat of land established as a single unit for purposes
of assessment .
A list will be maintained by the Building Inspector of
the City to document all building permits issued within the
district for private redevelopment, including alterations ,
additions, new construction and demolition.
12 . The tax increments received with respect to payment
of principal and interest for bonds issued for improvements
made within the tax increment districts shall be submitted
by the Authority to the City and segregated by the Authority
in a special account or accounts on its official books and
records or as otherwise established by resolution of the
City to be held by a trustee or trustees for the benefit of
holders of the bonds .
Minnesota Statutes , §273 .75 , Subd. 4 .
A - 7
EXHIBIT 1
TO APPENDIX A
MODEL INFORMATION FORM
TO BE SUBMITTED TO THE SCHOOL BOARDS,
SCOTT COUNTY BOARD, AND THE
MINNESOTA ENERGY AND ECONOMIC DEVELOPMENT AUTHORITY
TAX INCREMENT FINANCING (TIF) ANNUAL DISCLOSURE REPORT
CALENDAR YEAR ENDING DECEMBER 31 , 19®
Authority: The City of Shakopee
City of Shakopee Housing and Redevelopment Project No. 1
Tax Increment District identification:
A. Term of Tax Increment District
Starting Date (date TIF Plan was adopted )
Ending Date
B. Captured Taxable Valuation
Current Assessed Value. . . . . . . . . . . . . . . . $
Current Base Value (original
assessed value) . . . . . . . . . . . . . . . . . . . . .$
Difference:
Captured Assessed Value (CAV) . . . . . . . . . $
Percentage of CAV Retained
byAuthority. . . . . . . . . . . . . . . . . . . $
Percentage of CAV to be
Shared with Other Taxing
Jurisdictions . . . . . . . . . . . . . . . . . . $
C. Amount and Source of Revenue in Tax increment Financing
Account
Tax Increment Financing
Tax Increments Received. . . . . . . . . . $
Other Revenue Sources
Land Sale Proceeds . . . . . . . . . . . . . . . $
Rental Income. . . . . . . . . . . . . . . . . . . . $
A - 1
Investment Earnings. . . . . . . . . . . . . . $
Transfer from Other Funds . . . . . . . . $
Loan Income and/or Repayment . . . . . $
Other income. . . . . . . . . . . . . . . . . . . . . $
Subtotal . . . . . . . . . . . . . . . . $
Tax Increment and Other Revenue Source
Total . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .$
D. Amount and Purpose of Expenditures from Tax Increment
Financing Account
Tax Increment Bonding Expenditures
Bond Capitalized Interest
Payments . . . . . . . . . . . . . . . . . . . . . . . . . . . .
Debt Service Payments . . . . . . . . . . . . . . . . . $
Principal . . . . . . . . . . . . . . . . . . . . . . . . $
Interest . . . . . . . . . . . . . . . . . . . . . . . . . $
Other Project Expendjtures . . . . . . . . . . . . $
Capital Costs . . . . . . . . . . . . . . . . . . . . . . . . . $
Contract Expenditures . . . . . . . . . . . . . . . . .$
Administration. . . . . . . . . . . . . . . . . . . . . . . . $
Others . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . $
E. Difference Between Revenues and
Expenditures for Current Year . . . . . . . . . . . . . .$
F. Tax Increment Account Balance
Account Balance January 1, 19... . . . . . . $
Account Balance December 31 , 19... . . . . $
G. Bond Issues Outstanding for Tax Increment District
Name of Bond Issue
Q .e. , Tax Increment Bonds of 1580
Amount of Pledge of Tax Increment
Revenues for Payment of Bond. . . . . . . . $
No. of Years Remaining on Term. . . . . . . . $
Amount of Outstanding Bonded
Indebtedness . . . . . . . . . . . . . . . . . . . . . . . .$
Note : Pursuant to Minnesota Statutes §273 . 74 , subd . 5 , the
governing body of a municipality shall send a status
A - 2
report on each tax increment district to the county
board, the school board and the Commissioner of the
Minnesota Energy and Economic Development Authority
on or before July 1 of each year .
*Repeat for each Bond Issue
A - 3
SHAKOPEE/MN RACETRACK
First Draft
February 13 , 1954
CONTRACT
FOR
PRIVATE DEVELOPMENT
By and Between
THE CITY OF SHAKOPEE, MINNESOTA,
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF
SHAKOPEE, MINNESOTA
And
MINNESOTA RACETRACK LIMITED PARTNERSHIP
This document drafted by; O' CONNOR & HANNAN
3800 IDS Center
Minneapolis, Minnesota 55402
TABLE OF CONTENTS
(This Table of Contents is not part of the Contract
for Private Development: and is only for
convenience of reference. )
Page
PARTIESes • • . . . . . . . . . . . . . . . . . . . . . . . . . . ® • . . . . . . . . . . . . . . . . , . . .1
PREAMBLE. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ?
ARTICLE I - DEFINITIONS
Section 1. 1 . Definitions . . . . . . . . . . . . . . . . . . . . . . . . . . .1-1
ARTICLE II - REPRESENTATIONS AND WARRANTIES
Section 2 . 1. Representations and Warranties by
the Authority. . . . . . . . . . . . . . . . 2-1
Section 2 . 2 . Representations and Warranties by
theCity. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 2-1
Section 2 . 3 . Representations and Warranties
by the Company. . . . . . . . . . . . . . . . . . . . . . . . 2-3
ARTICLE III - LAND TRANSACTIONS; UNDERTAKINGS OF THE
AUTHORITY
Section 3 . 1. Purchase of Development Property
by the Company; Subsequent
Conveyance and Reconveyance . . . . . . . . . . . 3-1
Section 3 . 2 . Qualifying Improvements . . . . . . . . . . . . . . . 3-1
Section 3 . 3 . Purchase of the Development
Property by the Authority;
Purchase Price. . . . . . . . . . . . . . . . . . . . . . . . 3-2
Section 3 . 4 . Reconveyance of the Development
Property; Development Property
Deed; Costs . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-4
Section 3 . 5 . Title . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 3-6
ARTICLE IV - CONSTRUCTION OF MINIMUM IMPROVEMENTS
Section 4. 1 . Construction of Minimum
Improvements . . . . . . . . . . . . . . . . . . . . . . . . . . 4-1
Section 4 . 2 . Construction Plans . . . . . . . . . . . 4-1
Section 4 . 3 . Commencement and Completion of
Construction. . . . . . . . . . . . . . . . . . . . . . . ® . . 4-2
Section 4 . 4 . Certificate of Completion. . . . . . . . . . . . . 4-3
ARTICLE V - INSURANCE AND CONDEMNATION
Section 5 . 1. Insurance. . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-1
Section 5 . 2 . Condemnation. . . . . . . . . . . . . . . . . . . . . ® . . . 5-4
Section 5 . 3 . Modification for Benefit of
Mortgagees . . . . . . . . . . . . . . . . . . . . . . . . . . . . 5-5
( i )
ARTICLE VI - ASSESSMENT AGREEMENT
Section 6. 1 . Execution of Assessment Agreement . . . . . 6-1
Section 6 . 2. Real Property Taxes . . . . . . . . . . . . . . . . . . 6-1
Section 6 . 3 . Guarantee of Obligations
Under Assessment Agreement
and Promissory Note . . . . . . . . . . . . . 6-2
Section 6 . 4 . Guarantee of Completion
of Project . . . . . . . . . . . . . . . . . . . . . . . . . . . .6-2
ARTICLE VII - USE OF TAX INCREMENTS
Section 7 . 1 . Issuance of Tax Increment Bonds . . . .
. . .?-1
Section 7 . 2 . Provision of Offsite Improvements . . . . .7-1
Section 7 . 3 . Limitations on Financial
Undertakings of the City. . . . . . . . . . . . . . 7-1
Section 7 . 4 . Use of Tax Increments. . . . . . . . . . . . . . . . .7-3
ARTICLE VIII - MORTGAGE FINANCING
Section 8 . 1. Limitation Upon Encumbrance of
Property. . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-1
Section 8 . 2 . Approval of Mortgage . . . . . . . . . . . . . . . . . . 8-1
Section 8. 3 . Notice of Default; Copy to
Mortgagee . . . . . . . . . . . . . . . . . . . p . . . . . . . 8-2
Section 8. 4 . Mortgagee ' s Option. to Cu. re
Defaults . . . . . . . . . . . . . . . . . . . . . . . . . . . .8-2
Section 8. 5 . Authority ' s Option to Cure Default
on Mortgage . . . . . . . . . . . . . . . . . . . . . . . . . .8-2
Section 8 .6 . Subordination and Modification for
the Benefit of Mortgagees . . . . . . . . . . . . . 8-3
ARTICLE IX - PROHIBITIONS AGAINST ASSIGNMENT AND TRANSFER;
INDEMNIFICATION
Section 9 . 1. Prohibition of Certain Transfers
of Partnership Interests. . . . . . . . . . . . . . 9-1
Section 9 . 2 . Prohibition Against Transfer of
Property and Assignment of
. . . . . . . . . . . . . . . . . 9-2
Agreement .
Section 9 . 3 . Release and Indemnification
Covenants . . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-4
Section 9 . 4 . Approvals. . . . . . . . . . . . . . . . . . . . . . . . . . . . .9-4
ARTICLE X - EVENTS OF DEFAULT
Section 10 . 1 . Events of Default Defined. . . . . . . . . . . . 10-1
Section 10 . 2 . Remedies on Default. . . . . . . . . . . . . . . . . . 10-1
Section 10 . 3 . Revesting Title in the Authority
Upon Happening of Event Subsequent
to Conveyance to the Company. . . . . . . . . 10-2
Section 10 . 4 . Resale of Reacquired Property;
Disposition of Proceeds . . . . . . . . . . . . . . 10-4
Section. 10 . 5 . No Remedy Exclusive . . . . . . . . . . . . . . . . . 10-6
Section 10 .6 . No Additional Waiver Implied by One
Waiver . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 10-6
Section 10 .7 . Agreement to Pay Attorney ' s Fees
andExpenses . . . . . . . . . . . . . . . . . . . . . . . . . 10-6
( ii )
ARTICLE XI - ADDITIONAL PROVISIONS
Section 11 . 1. Restrictions on Use. . . . . . . . . . . . . . . . . . 11-1
Section 11 . 2 . Conflicts of Interest. . . . . . . . . . . . . . . 11-1
Section 11. 3 . Provisions Not Merged With Deed. . : . . . ll-1
Section 11. 4 . Titles of Articles and Sections . . . . . . 11-1
Section 11 . 5 . Notices and Demands. . . . . . . . . . . . . . . . . . 11-1
Section 11. 6 . Counterparts. . . . . . . : . . . . . . . . . . . . . . . . . 11-2
Section 11 .7 . Modification. . . . . . . . . . . . . . . . . . . . . . . . . 11-2
Section 11 . 9 . Law Governing. . . . . . . . . . . . . . . . . . . . . . . . 11-2
ARTICLE XII - TERMINATION OF AGREEMENT
Section 12 . 1. The Company' s Options to
Terminate. . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-1
Section 12 . 2. The City and Authority ' s . . . . . . . . . . . . 12-1
Options to Terminate. . . . . . . . . . . . . . . . . 12-1
Section 12 . 3. Action to Terminate. . . . . . . . . . . . . . . . . . 12-1
Section 12 . 4. Effect of Termination. . . . . . . . . . . . . . . . 12-1
TESTIMONIUM. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
SIGNATURES. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 12-2
EXHIBIT A - Development Property. . . . . . . . . . . . . . . . . . . . . . . . .A-1
EXHIBIT B - Certificate of Completion and Release of
Forfeiture. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .B-1
EXHIBIT C - Permitted Encumbrances . . . . . . . . . . . . . . . . . . . . . . .0-1
EXHIBIT D - Qualifying Improvements. . . . . . . . . . . . . . . . . . . . . .D-1
EXHIBIT E - Certificate as to Completion and Costs
of Qualifying Improvements . . . . . . . . . . . . . . . . . . .E-1
EXHIBIT F - Form of Promissory Note . . . . . . . . . . . . . . . . . . . . . .F-1
( iii )
CONTRACT FOR PRIVATE DEVELOPMENT
THIS AGREEMENT, made on or as of the day of r
1984 , by and among the City of Shakopee, Minnesota ( the
"City" ) , a municipal corporation and political subdivision
organ zed and existing under the Constitution and laws of
the State of Minnesota, the Housing and Redevelopment
Authority ( the "Authority" ) in and for the City of Shakopee,
Minnesota, a public body corporate and politic, and
Minnesota Racetrack Limited Partnership, a limited partner-
ship organized and existing under the laws of the State of
Minnesota ( the "Company" ) .
WITNESSETH:
WHEREAS, the City has the powers of a municipal corpora-
tion under the laws and Constitution of the State of Minne-
sota; and
WHEREAS, the Authority has all the powers of a housing
and redevelopment authority under the Municipal Housing and
Redevelopment Act , Minnesota Statutes , Sections 462 . 411 to
462 . 716, inclusive, as amended ( the "Housing and Redevelop-
ment Act" ) ; and
WHEREAS, in furtherance of the objectives of the Housing
and Redevelopment Act , the Authority has undertaken a pro-
gram to acquire, or otherwise promote development of , open
or undeveloped land which is determined to be blighted by
virtue of conditions of unusual and difficult physical char-
acteristics of the land, and to provide maximum opportunity
for the development thereof by private enterprise and in
this connection is engaged in carrying out the redevelopment
project known as Minnesota River Valley Housing and Redevel-
opment Project No. 1 (hereinafter referred to as the "Rede-
velopment Project" ) in an area (hereinafter referred to as
the "Project Area" ) located in the City; and
WHEREAS, as of the date of this Agreement there has been
prepared and approved by the Authority and the City Council
of the City, pursuant to the Housing and Redevelopment Act ,
a Modified Redevelopment Plan for the Redevelopment Project
(which plan, as amended, and as it may be further amended,
is hereinafter referred to as the "Redevelopment Plan" ) , and
WHEREAS, as of the date of this Agreement there has been
prepared and approved by the Authority and the City, pur-
suant to Minnesota Statutes Section 273 . 74 , a Tax Increment
Financing Flan for Tax Increment Financing District 4 of the
Redevelopment Project (which plan, as amended, and as it may
be further amended, is hereinafter referred to as the "'fax
Increment Financing Plan" ) , providing for the use of tax
increment financing in connection with the Redevelopment
Project; and
WHEREAS, the acquisition and the subsequent sale or
lease of the potential development property to private de-
velopers for commercial development is an objective of the
Redevelopment Plan;
WHEREAS, in order to achieve the objectives of the Rede-
velopment Plan and particularly to make the land in the
Project Area available for development by private enterprise
in conformance with the Redevelopment Plan, the Authority
has determined to provide substantial aid and assistance in
connection with the Re6evelopment Plan through the financing
of certain of the public costs of development- within Project
Areas; and
WHEREAS, the City and the Authority believe that the
construction of an approximately 390 acre thoroughbred
horse-racing facility within the Project Area by the Company
pursuant to this Agreement, and fulfillment generally of
this Agreement , is in the best interests of the City and in
accord with the public purpose and provisions of the appli-
cable State and local laws and requirements under which the
Redevelopment Plan has been undertaken and is being as-
sisted;
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 :
2
ARTICLE I
Definitions
Section 1 . 1 . Definitions . In this Agreement , unless a
different meaning clearly appears from the context :
ItAgreement" means this Contract for Private Development
by and among the City of Shakopee, the Housing and Redevel-
opment Authority in and for the City of Shakopee, Minnesota,
and Minnesota Racetrack Limited Partnership, a limited part-
nership organized and existing under the laws of Minnesota,
as thesame may be from time to time modified, amended or
supplemented.
"Articles and Sections" mentioned by number only are the
respective Articles and Sections of this Agreement so num-
bered.
""Assessor ' s Minimum Market Value" means the agreed mini-
mum market value for property tax purposes certified by the
Assessor for the City of Shakopee for the Improved Parcel
pursuant to the Assessment Agreement .
"Assessment Agreement" means the assessment agreement to
be executed by and between the Authority and the Company,
and certified by the Assessor for the City, pursuant to the
provisions and requirements of Minnesota Statutes 273 . 76
Subdivision 8 , establishing the Assessor ' s Minimum Market
Value.
"Authority" means the Housing and Redevelopment Author-
ity in and for the City of Shakopee, Minnesota.
"Authority Closing Date" means the date upon which the
Authority and the Company close on the purchase of the De-
velopment Property by the Authority and the reconveyance
thereof to the Company pursuant to Article III hereof .
"Authority Mortgagell means the Mortgage upon the Im-
proved Parcel given by the Company to the Authority pursuant
to Section 3 . 4 , and securing payment of the Promissory Note .
"Building ins T)ector" means the building inspector of
Shakopee, Minnesota .
"Certificate ofqomplc�-tion" means the certification, in
the form of the Certificate attached as Exhibit B hereto,
provided to the Company or its successors or assigns pursu-
ant to Section 4 . 4 of this Agreement , upon satisfactory
completion of the Minimum Improvements .
"Certificate of Qualif_yinq Improvements" means the cer-
tification, substantially in the form of the Certificate
attached as Exhibit E hereto, provided by the Company to the
Authority upon satisfactory completion of the Qualifying
Improvements as provided in Section 3 . 2 hereof .
"City" means the City of Shakopee, Minnesota .
"Company" means Minnesota Racetrack Limited Partnership,
a limited partnership organized and existing under the laws
of Minnesota, or its successors or assigns under this Agree-
ment .
"Condemnation Award" means the amount remaining from an
award to the Company for the acquisition of title to and
possession of the Improved Parcel, or any material part
thereof, after deducting all expenses ( including fees and
disbursements of counsel ) incurred in the collection of such
award.
"Construction Plans" means the plans , specifications,
drawings and related documents on all construction work to
be performed by the Company on the Development Property,
including all on-site improvements to be performed, in-
stalled or constructed upon the Development Property pur-
suant to this Agreement, and including adequate specifica-
tions detailing all Qualifying Improvements to be performed
on the Development Property. Such plans shall, at a mini-
mum, include, for each building or other structure to be
constructed on the Development Property, at least the fol-
lowing : ( i ) site plan; ( ii ) foundation plan; ( iii ) basement
plans ; ( iv) floor plan for each floor ; ( v) cross sections of
each ( length and width) ; (vi ) elevations ( all sides ) ; and
(vii ) landscape plan , and shall include as well adequate
plans , drawings and specifications relating to all drive-
ways, walks, parking, and other improvements to be con-
structed upon the Development Property by the Company. The
Site Plan submitted by the Company to the Building Inspector
for the City, if approved by the Building Inspector and
acceptable to the Authority, may serve as the Construction
Plans .
"Council" means the City Council of Shakopee , Minnesota.
"County" means the County of Scott , Minnesota .
"Development Property" means the real property described
in Exhibit A of this Agreement .
"Development Property Deed" means a quitclaim deed used
to convey the Development Property from the Authority to the
Company.
1 - 2
"Environmental Assessment Worksheet" means the Environ-
mental Assessment Worksheet , it any, prepared pursuant to
Minnesota Statutes Section 116D. 04 for the proposed improve-
ments to the Development Property.
"Event of Default" means an action by the Company listed
in Section 10 .1 of this .Agreement.
"First Mortgage" means either a primary mortgage commit-
ment obtained by the Company from a commercial lender or
other national banking organization to fund the major por-
tion of the construction costs and initial operating capital
requirements of the Minimum Improvements or a Mortgage,
Security Agreement, and Fixture Financing Statement (or
similar document) to be executed by the Company in connec-
tion with the issuance by the Authority of its industrial
revenue development bonds or notes to fund the major portion
of the construction costs of the Minimum Improvements .
"Franchise" means the Class A racing franchise to be
awarded by the Racing Commission for operation of a horse-
racing facility in the seven-county metropolitan area.
"Holder" means the owner of a Mortgage .
"Improved Parcel" means the Development Property and the
completedMinimum Improvements.
"Minimum. Improvements" means the approximately 390 acre
thoroughbred horse-racing facility and all other improve-
ments, including driveways, walks , landscaping, housing,
stables and parking and fixtures and equipment, and all
Qualifying Improvements , to be constructed by the Company
upon the Development Property pursuant to this Agreement , as
such improvements are defined in the Construction Plans .
"Minnesota Environmental Policy Act" means the statutes
located at Minnesota Statutes, Sections 116D. 01 et seq. , as
amended.
"Minnesota Environmental Rights Act" means the statutes
located at Minnesota Statutes, Sections 116B. 01 et seq. , as
amended.
"Mortgage" means any mortgage made by the Company which
is secured, in whole or in part, by the Development Prop-
erty, or any portion or parcel thereof , or any improvements
constructed thereon, and which is a permitted encumbrance
pursuant to the provisions of Article VIII of this Agree-
ment .
1 - 3
"National Environmental Policy Act" means the federal
law located at 42 U. S.C. , Sections 4331 et seq. , as amended.
"Net Proceeds" means any proceeds paid by an insurer to
the Company, the Holder of the First mortgage, or the
Authority under a policy or policies of insurance required
to be provided and maintained by the Company pursuant to
Article VI of this Agreement and remaining after deducting
all expenses ( including fees and disbursements of counsel)
incurred in the collection of such proceeds .
"Offsite Improvements" means the improvements to be
undertaken by the Authority or the City pursuant to Section
7 . 2 .
"Party" means either the Company, the Authority or , the
City.
"Parties" means the Company, the Authority and the City.
"Permitted Encumbrances" means the encumbrances de-
scribed in Exhibit C of this Agreement .
"Project" means the construction and operation of the
Minimum Improvements by the Company on the Development Prop-
erty pursuant to the terms of this Agreement.
"Project Area" means the real property located within
the boundaries of the Redevelopment Project .
"_Promissory Notell means the promissory note to be exe-
cuted by the Company in favor of the Authority pursuant to
Section 3 . 4 hereof.
"Purchase Price" means the price to be paid by the
Authority to the Company pursuant to Section 3 . 3 (d) upon
purchase of the Development Property.
Igjrov e�me n tsmeans those improvements
listed on Exhibit D hereto which Lhe Company plans to con-
struct and perform, on the Development Property; all Quali-
fying Improvements shall be improvements which would be
eligible to be financed with tax increment bond proceeds
pursuant to the provisions cf Minnesota Statutes, Chapters
T
273 and 462 , and include , but are not necessarily limited
to, site clearing and preparation, soil correction, berming ,
construction of sidewalks , curbs, curb cuts, streetscape
amenities, ponding and drainage improvements and facilities ,
installation of trunk line utilities and other improvements
of a predominantly public nature.
1 - 4
�in Commission" means the Minnesota Racing Commis-
sion.
"Redevelopment, Plan" means the Redevelopment Plan for
MinnesotaRiverValley Housing and Redevelopment Project No.
as amended and as it shall be amended.
"Redevelopment Project" means the Minnesota River Valley
Housing and Redevelopment Project No. 1 .
"Repurchase Price" means the sum of $3 , 000 , 000 , to be
paid by the Company to the Authority upon repurchase of the
Development Property by the Company pursuant to the terms of
Section 3 . 4 .
"State" means the State of Minnesota.
"Tax Increment Bonds" means the general obligation, tax
increment bonds which the Authority intends to issue to
finance certain public costs associated with the Redevelop-
ment Plan, including the public redevelopment costs of the
Project . The term "['ax increment Bonds" shall also include
any obligations issued to refund the Tax Increment Bonds.
"Tax Increment District" means the City of Shakopee Tax
Increment Financing District No. 4 .
"Tax Increment Financing Act" means the statutes located
at Minnesota Statutes, Sections 273 .71 through 273 .78, in-
clusive, as amended.
"Tax Increment Financing Plan" means the Tax Increment
Financing Plan for Tax Increment District No. 4 , located
within the District .
"Tax Official" means any City or County Assessor ; County
Auditor ; City, County or State Board of Equalization; the
Commissioner of Revenue of the State; or any State or Fed-
eral District Court, the Tax Court of the State or the State
Supreme Court .
"Termination Date" means the date of expiration of the
Assessment Agreement as provided in Section 6 . 1 .
"Unavoidable Delays" means delays, outside the control
of the Party claiming its occurrence, which are the direct
result of strikes, other labor troubles , unusually severe or
prolonged bad weather , Acts of God, fire or other casualty
to the Minimum Improvements, litigation commenced by third
parties which, by injunction or other similar judicial ac-
tion, directly results in delays , or acts of any federal ,
state or local governmental unit (other than the City or the
Authority) which directly result in delays .
I - 5
ARTICLE II
Re resentations and Warranties
Section 2 . 1. Representations and Warranties by the
Authority . The Authority represents and warrants that :
(a) The Authority has all the powers of a Housing
and Redevelopment Authority under the laws of the
State. Under the provisions of the Housing and Redevel-
opment Act, the Authority has the power to enter into
this Agreement and carry out its obligations hereunder .
(b) The Redevelopment Project is a "redevelopment
project" within the meaning of the Housing and Redevel-
opment Act and was created, adopted and approved in
accordance with the terms of the Housing and Redevelop-
ment Act .
( c) The Authority has examined this Agreement, and
has determined that its terms and provisions are in
accordance with the objectives embodied in the Redevel-
opment Plan, and are, in the opinion of the Authority,
in the best interests of the City.
(d) The Tax Increment District is a "tax increment
financing district" within the meaning of the Tax Incre-
ment Financing Act, and was created, adopted and ap-
proved in accordance with the provisions of the Tax
Increment Financing Act .
(e) Subject to fullfillment of the terms and con-
ditions of this Agreement by the Company, the Authority
shall purchase the Development Property and reconvey the
Development Property to the Company as provided in Arti-
cle III hereof for uses in accordance with the Redevel-
opment Plan and this Agreement .
( f) The Authority makes no representation or war-
ranty, either express or implied, as to the Development
Property or its condition or soil conditions thereon, or
that the Development Property shall be suitable for the
Company ' s purposes or needs .
Section 2 . 2 . Representations and Warranties by the
The City represents and warrants that :
(a) The City is a municipal corporation and poli-
tical subdivision organized under the provisions of the
Minnesota Constitution and the laws of the State .
2
(b) The City has the power to enter into this
Agreement and carry out its obligations hereunder pursu-
ant to the powers granted to it by the Minnesota Consti-
tution and State law.
(c) The Redevelopment Project is a "housing and
redevelopment project" within the meaning of the Housing
and Redevelopment Act and was created, adopted and ap-
proved in accordance with the terms of the Housing and
Redevelopment Act .
(d) The Tax Increment District is a "tax increment
financing district" within the meaning of the Tax Incre-
ment Financing Act , and was created, adopted and ap-
proved in accordance with the provisions of the Tax
Increment Financing Act.
( e) The City has examined this Agreement , and has
determined that its terms and provisions are in accor-
dance with the objectives embodied in the Development
Program, and are in the best interests of the City.
( f ) The City shall use its best efforts to issue
general obligation tax increment bonds of the City ( the
"Tax Increment Bonds" ) to finance the acquisition of the
Development Property and construction and installation
of the Offsite Improvements by the City and the
Authority pursuant to the terms of this Agreement ..
(g) The Minimum Improvements constitute a permit-
ted use under the zoning ordinance of the City.
(h) The City has received no notice or communica-
tion from any local , state or federal official that the
activities of the Company or the City with respect to
the Development Property may or will be in violation of
any environmental law or regulation (other than those
notices or communications of which the Company has been
notified) . The City is aware of no state or federal
claim filed or planned to be filed by any party relating
to any violation of any local, state or federal environ-
mental law, regulation or review procedure, nor is the
City aware of any violation of any local , state or fed-
"
e r a..%. law, regulation or review procedure which would
give any person a valid claim under the Minnesota Envi-
ronmental Rights Act or other state or federal environ-
mental statute .
( i ) The City makes no representation or warranty,
either express or implied, as to the Development Prop-
erty or its condition or the soil conditions thereon, or
that the Development Property shall be suitable for the
Company ' s purposes or needs .
2 - 2
Section 2 . 3. Representations and warranties by the
Company. The Company represents and warrants that:
(a) The Company is a limited partnership duly
organized and in good standing under the laws of the
State, is not in violation of any provisions of its
partnership agreement or the laws of the State and has
power to enter into this Agreement and to perform its
obligations hereunder .
(b) In the event the Development Property is con-
veyed to the Company by the Authority, then the Company
will construct , operate and maintain the Minimum Im-
provements upon the Development Property 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,
building code and public health laws and regulations ) .
(c) The Minimum Improvements will be constructed
at a cost of approximately $ ( including the
cost of both real and personal property) .
(d) The Company is aware of the actions taken by
the Authority and the City with respect to local , state
and federal environmental laws and regulations, includ-
ing the National Environmental Policy Housing and Rede-
velopment Act of 1969 and the Minnesota Environmental
Policy Housing and Redevelopment Act and the Company has
no knowledge of any reason why such actions will not be
fully adequate to comply with such laws. The Company
has received no notice or communication from any local,
state or federal official that the activities of the
Company, the Authority or the City in the Development
District may be or will be in violation of any environ-
mental law or regulation (other than those notices or
communications of which the Authority and the City has
been notified) . The Company is aware of no violation of
any local , state or federal environmental law, regula-
tion or review procedure, nor of any facts which would
give any person a valid claim under the Minnesota
Environmental Rights Act .
(e) The Company will use its best efforts to con-
struct the Minimum Improvements in accordance with all
local , state or federal energy-conservation laws or
regulations .
( f ) The Company will use its best efforts to ob-
tain, in a timely manner , all required permits , licenses
and approvals, and to meet , in a timely manner , all re-
2 - 3
quirements of all applicable local , state and federal
laws and regulations which must be obtained or met be-
fore the Minimum Improvements may be lawfully con-
structed.
(g) Neither the execution and delivery of this
Agreement, the consummation of the transactions contem-
plated hereby, nor the fulfillment of or compliance with
the terms and conditions of this Agreement and the
Assessment Agreement is prevented or limited by, or in
conflict with or will result in a breach of, the terms,
conditions or provisions of the limited partnership
agreement of the Company or any evidences of indebted-
ness, agreement or instrument of whatever nature to
which the Company is now a party or by which it is
bound, or will constitute a default under any of the
foregoing.
(h) The Company will cooperate with the Authority
and the City with respect to any litigation commenced
with respect to the Development Property or the Minimum
Improvements .
( i ) The Company warrants that the financing com-
mitments which the Company has obtained to finance con-
struction of the Minimum Improvements will be sufficient
to enable the Company to successfully complete the Mini-
mum Improvements in conformance with the Construction
Plans.
( j ) The Company warrants that it will cooperate
fully with the City and the Authority in the resolution
of any traffic, parking, trash removal or public safety
problems which may arise in connection with the con-
struction and operation of the Project .
(k) The Company warrants and represents that it
intends to and will construct, furnish, maintain, pro-
mote and operate the Project as a "first class" facility
in a manner comparable to other racing facilities of a
similar scale and generally regarded by the horse-racing
industry and the general public as "first class"
thoroughbred racing 'facilities.
2 - 4
ARTICLE III
Land Transactions ; Undertakings of the Authority
Section 3 . 1 . Purchase of Development Property by the
Com any; Subsequent Conveyance and Reconveyance. The par-
ties' intend that the Company shall initially acquire the
Development Property in its entirety. The Company repre-
sents that it or parties affiliated with it presently own or
have purchase agreements with respect to the Development
Property in its entirety. The Company shall close the pur-
chase of the Development Property within sixty ( 60 ) days of
grant of the Franchise to the Company ( the date of closing
on such purchase hereinafter the "Closing Date" ) . The
Parties then intend that the Authority shall , upon the com-
pletion of the Qualifying Improvements by the Company, pur-
chase the Development Property from the Company for the sum
of the Purchase Price, and reconvey title and possession of
the Development Property to the Company for the sum of the
Repurchase Price, all pursuant to the terms and provisions
of Sections 3 . 3 and 3 . 4 of this Agreement.
Prior to final acquisition of the Development Property
the Company shall obtain a title insurance policy with re-
spect to the Development Property naming the Company as the
insured. The policy shall be obtained from a title insur-
ance company licensed to do business in the State and shall
insure the title to the Development Property up to the full
amount of the purchase price paid by the Company for the
Development Property. This policy shall be submitted to the
Authority for review and comment .
Section 3 . 2 . Qualifying Improvements . Subject to Un-
avoidable Delays , the Company shall commence construction of
the Qualifying Improvements : ( i ) within thirty ( 30 ) days of
the Closing Date; or ( ii ) on such other date as the Parties
shall mutually agree. Subject to Unavoidable Delays , the
Company shall proceed diligently with the construction and
performance of such Qualifying Improvements . Upon substan-
tial completion thereof, the Company shall submit to the
Authority a certification as to such completion and as to
the actual costs incurred by the Company for such Qualifying
Improvements substantially in the form of the Certificate as
to Costs and Completion of Qualifying Improvements ( the
"Certificate as to Qualified Costs" ) attached as Exhibit E
hereto. The Qualifying Improvements shall be completed in
substantial conformance with the Construction Plans.
3 - 1
Section 3 . 3 . Purchase of the Development Property by
the Authority; Purchase Price.
(a ) Purchase of Development Property . Subject to
the provisions of paragraphs (b) and (c) of this Section
3 . 3, within forty-five ( 45 ) days of receipt of the Cer-
tificate as to Qualifying Improvements executed by the
Company, the Authority will purchase the Development
Property from the Company for the sum of the Purchase
Price, said Purchase Price to be calculated as provided
in Section 3 . 3 (d) . The Company shall deliver title of
the Development Property to the Authority by quitclaim
deed.
(b) The Company shall take all steps necessary to
obtain a commitment for the issuance of a mortgagor ' s
title insurance policy with respect to the Development
Property. The commitment shall be obtained from a title
insurance company licensed to do business in the State
and shall insure the title to the Development Property
up to the full amount of the Purchase Price . The com-
mitment shall name the Authority as an insured and shall
be issued in at least the full amount of the Purchase
Price. The commitment shall be subject solely to Per-
mitted Encumbrances . The Company shall obtain such
commitment and deliver a copy of such commitment to the
Authority at least five ( 5 ) days prior to the Authority
Closing Date. Failure of the Authority to object in
writing to the title conveyed prior to the Authority
Closing Date, shall constitute acceptance of such title
in all respects by the Authority, and any objections of
the Authority to such title shall be deemed waived.
( c) Conditions Precedent . The Authority ' s obliga-
tion to purchase the Development Property from the Com-
pany shall be subject to satisfaction of the following
conditions precedent:
( i ) The Company shall be in material com-
pliance with all the terms and provisions of this
Agreement;
( ii ) The Company shall have submitted Con-
struction Plans, which shall have been approved by
the Authority, pursuant to Section 4 . 2 of this
Agreement;
( iii ) The Authority shall be satisfied of the
financial ability of the Company to construct the
Minimum Improvements and that the Company has firm
commitments for construction and permanent financ-
ing for the Project in an amount sufficient , to-
3 - 2
gether with equity commitments, to complete the
Project in conformance with the Construction Plans;
( iv) Execution by and between the Authority
and the Company of an Assessment Agreement pursuant
to Section 6 .1 of this Agreement ;
(v) Completion of the Qualifying Improvements
in substantial conformance with the Construction
Plans and execution by the Compa.ny of the Certif-
icate as to Qualified Costs;
(vi ) Receipt by the Authority of a mortgagor ' s
title insurance policy with respect to the Develop-
ment Property naming the Authority as an insured.
The title insurance policy shall be obtained from a
title insurance company licensed to do business in
the State and shall insure the title to the Devel-
opment Property up to the full amount of the Pur-
chase Price and shall be subject only to Permitted
Encumbrances . The title insurance policy shall be
obtained by the Company at its sole expense ; and
(vii ) Delivery to the Authority of a corporate
guarantee of the Company ' s obligations under the
Promissory Note and the Assessment Agreement in
conformance with the provisions of Section 6 . 3 ;
(viii ) Delivery to the Authority of a satisfac-
tory guarantee of completion of the Project as
required by Section 6 . 4 ; and
( ix ) The Franchise shall have been awarded to
the Company by the Racing Commission and shall be
in good standing .
The Company agrees that, if , upon the Authority Closing
Date, all conditions precedent provided above in Subsec-
tions 3 . 3 ( b) ( i ) through 3 . 3 (b) ( ix) are not satisfied,
the Authority shall have no obligation under this Agree-
ment to purchase the Development Property.
(d) Purchase Price. The Authority sha 11 purchase
the Development Property from the Company for the sum of
the Purchase Price in consideration of the covenants of
the Company to develop the Development Property in
accordance with the provisions of this Agreement and the
Redevelopment Plan, and as an inducement to the Company
to construct the Minimum Improvements . The purchase and
reconveyance of the Development Property is intended to
reduce the cost of acquisition and improvement of the
Development Property to the Company. The Purchase Price
3 - 3
shall be payable in full by the Authority at closing.
The Purchase Price shall be calculated as follows:
( i ) The "Base Purchase Price" shall be
$ I the Company ' s cost for the Development
Property.
( ii ) There shall be added to the Base Purchase
Price the total of the costs of the Qualifying
Improvements as certified in the Certificate as to
Qualifying Improvements, up to a maximum, addition
of $ ; the sum shall be the Purchase Price.
In no event shall the Purchase Price to be paid by
the Authority exceed $ Therefore , if the
certified cost of the Qualifying Improvements shall
be less than $ . the Purchase Price shall be
the Base Purchase Price plus such cost ; if the
certified cost of the Qualifying Improvements shall
be equal to or greater than $ f the Purchase
Price shall be the sum of $_
Section 3 . 4 . Reconveyance of the Development Property;
Development Property Deed; Costs .
(a) Reconveyance; Development Property Deed.
Subsequent to purchase of the Development Property by
the Authority, the Authority shall immediately reconvey
title and possession of the Development Property to the
Company under a quitclaim deed ( the "Development Prop-
erty Deed" ) for the sum of the Repurchase Price. Unless
the Company and the Authority shall otherwise agree, the
reconveyance shall occur on the Authority Closing
Date. The conveyance of the Development Property and
the Company ' s use of the Development Property shall be
subject to all of the conditions , convenants , restric-
tions and limitations imposed by this Agreement and the
Development Property Deed . The conveyance of title to
the Development Property and the Company ' s use of the
Development Property shall also be subject to the Per-
mitted Encumbrances and building and zoning laws and
ordinances and all other local , state and federal laws
and regulations .
(b) Costs . Unless otherwise mutually agreed by
the Authority and the Company, the execution and deliv-
ery of all deeds shall be made at the principal office
of the Authority. The Development Property Deed shall
be in recordable form and shall be promptly recorded,
with this Development Agreement attached thereto as an
Exhibit . The Company shall pay all costs for recording
the Development Property Deed, if any; the Development
Property Deed will be processed by the Parties to be
3 - 4
exempt from recording fees and deed tax to the extent
possible. The Company shall also pay at closing all
costs incurred by the Authority for preparation of the
Development Property Deed.
(c) Repurchase Price; Promissory Note. The Repur-
chase Price shall be the sum of $3, 000 , 0067. The Author-
ity shall accept as payment of the Repurchase Price at
closing the promissory note ( the "Promissory Note" ) of
the Company in the principal amount of the Repurchase
Price. The Promissory Note shall provide that the Com-
pany shall pay the principal amount of the Promissory
Note, plus accrued interest on the outstanding principal
balance thereof at a rate of ten percent_- ( 10% ) per
annum, over a period of 120 months with interest com-
mencing on the earlier of ( i ) the first day of the first
calendar month next immediately succeeding the first day
the Project is open to members of the general public as
a horseracing facility; or ( ii ) January 1 , 1986, with
the first monthly payment of principal and interest to
occur on the first day of the first month thereafter .
The Company shall make equal monthly payments on the
Promissory Note on the first day of each month during
the term of the Promissory Note. The Promissory Not;
shall provide that the Company may prepay the Note with-
out penalty upon any payment date.
(d) Authority Mortgage. Upon the Authority
Closing Date, the Company shall. execute a mortgage ( the
"Authority Mortgage" ) on the Project in favor of the
Authority. The Authority Mortgage shall cover and
secure pavment when due of all principal and interest
owing from the Company to the Authority under the Prom-
issory Note, together with any renewals or extensions
thereof . The Authority Mortgage shall grant a lien and
security interest unto the Authority of all right , title
and interest of the Company in the Project together with
the hereditaments and appurtenances thereto, including
the Development Property, the Minimum Improvements , and
all other buildings, structures , improvements and appur-
tenances then standing or anytime thereafter constructed
or placed upon the Development Property, and shall be
otherwise in form and substance reasonably satisfactory
to the Authority. The Authority Mortgage shall provide
that the Authority shall subordinate the Authority Mort-
gage to the lien and security interest of any First
Mortgage ( including a First Mortgage with respect to
construction financing and/or a First Mortgage with
respect to permanent financing) obtained by the Company
meeting the requirements of Article VIII hereof . The
lien and the security interest of the Authority Mortgage
shall be subject only to Permitted Encumbrances and the
lien of the First Mortgage .
3 - 5
Section 3 . 5 . Title. Upon delivery of the Development
Property Deed to the Company pursuant to this Section 3 . 5 ,
all responsibilities and liabilities whatscever with respect
to title to the Development Property shall from such date
forward be the sole responsibility of the Company.
3 - 6
ARTICLE IV
Construction of Minimum Improvements
Section 4 . 1 . Construction of Minimum Improvements . The
Company agrees that it will construct the Minimum Improve-
ments on the Development Property in conformance with the
approved Construction Plans. The Company agrees that the
scope and scale of the Minimum Improvements to be con-
structed shall not be significantly less than the scope and
scale of the Minimum Improvements as detailed and outlined
in the Construction Plans.
Section 4 . 2 . Construction Plans .
(a) The Authority shall have no obligation to the
Company to take any action pursuant to any provision of
this Agreement , including acquisition and reconveyance
of the Development Property, until such time as the
Company has submitted Construction Plans to the Author-
ity, and the Authority has approved such Construction
Plans . The Construction Plans shall provide for the
construction of the Minimum Improvements, including
specifications for all Qualifying Improvements to be
constructed or performed by the Company on the Develop-
ment Property, and shall be in conformity with the De-
velopment Program, this Agreement, the Environmental
Assessment Worksheet , if any, prepared with respect to
the Project, and all applicable state and local laws and
regulations . The Authority shall approve the Construc-
tion Plans in writing if : (a ) the Construction Plans
conform to the terms and conditions of this Agreement ;
( b) the Construction Plans conform to the terms and
conditions of the Redevelopment Plan; ( c) the Construc-
tion Plans conform to all applicable federal , State and
local laws , ordinances , rules and regulations; (d) the
Construction Plans are adequate to provide for the con-
struction of the Minimum Improvements; and (e) no Event
of Default has occurred; provided, however , that any
such approval of the Construction Plans pursuant to this
Section 4 . 2 shall constitute approval for the purposes
of this Agreement only and shall not be deemed to con-
stitute approval or waiver by the City with respect to
any building, zoning or other ordinances or regulation
of the City, and shall not be deemed to be sufficient
plans to serve as the basis for the issuance of a build-
ing permit if the Construction Plans are not as detailed
or complete as the plans otherwise required for the
issuance of a building permit . The Site Plan submitted
for the Development Property by the Company to the
Building Inspector shall be adequate to serve as the
Construction Plans , if such Site Plan fulfills the re-
a
quirements of this Section 4 . 2 , is approved by the
Building Inspector and is adopted by the Authority.
Such Construction Plans must be rejected in writing by
the Authority within fifteen ( 15 ) days of submission or
shall be deemed to have been approved by the Author-
ity. If the Authority rejects the Construction Plans in
whole or in part , the Company shall submit new or cor-
rected Construction Plans within thirty ( 30 ) days after
receipt by the Company of written notification of the
rejection, accompanied by a written statement of the
Authority specifying the respects in which the Construc-
tion Plans submitted by the Company fail to conform to
the requirements of this Section 4 . 2 . The provisions of
this Section 4 . 2 relating to approval , rejection and
resubmission of corrected Construction Plans shall con-
tinue to apply until the Construction Plans have been
approved by the Authority; provided, however , that in
any event the Company shall submit Construction Plans
which are approved prior to conveyance of the Develop-
ment Property to the Company by the Authority or com-
mencement of construction of the Minimum Improvements .
Approval of the Construction Plans by the Authority
shall not relieve the Company of any obligation to com-
ply with the terms and provisions of this Agreement , or
the provisions of applicable Federal, state and local
laws, ordinances and regulations , nor shall approval of
the Construction Plans by the Authority be deemed to
constitute a waiver of any Event of Default .
(b) If the Company desires to make any change in
the Construction Plans after their approval by the
Authority, the Company shall submit the proposed change
to the Authority for its approval . If the Construction
Plans , as modified by the proposed change , conform to
the requirements of this Section 4 . 2 with respect to
such previously approved Construction Plans and do not
constitute a material modification to the scope, size or
use of the Project or to the site plan therefor , the
Authority shall approve the proposed change. Such
change in the Construction Plans shall be deemed ap-
proved by the Authority unless rejected in writing
within ten ( 10 ) days by the Authority with a statement
of the Authority ' s reasons for such rejection.
Section 4 . 3 . Commencement and Completion of Construc-
tion. Subject to Unavoidable Delays, the Company shall
commence construction of the Minimum Improvements :
within sixty ( 60 ) days of award to the Company of the Fran-
chise; or ( ii ) on such other date as the Parties shall mutu-
ally agree in writing. Subject to Unavoidable Delays, the
Company shall have substantially completed the construction
of the Minimum Improvements within
4 - 2
days from the date of commencement of the Minimum
Improvements . Time lost as a result of Unavoidable Delays
shall not count against this
day period. All work with respect to the Minimum Improve-
ments to be constructed or provided by the Company on the
Development Property shall be in conformity with the Con-
struction Plans as submitted by the Company and approved by
the Authority.
The Company agrees for itself, and every successor in
interest to the Development Property, or any part thereof,
and the Development Property Deed shall contain covenants on
the part of the Company for itself and such successors and
assigns, that the Company, and such successors and assigns ,
shall promptly begin and diligently prosecute to completion
construction of the Minimum Improvements thereon, and that
such construction shall in any event be commenced and com-
pleted within the period specified in this Section 4 . 3 of
this Agreement . It is intended and agreed, and the Develop-
ment Property Deed shall so expressly provide , that such
agreements and covenants shall be covenants running with the
land and that they shall , in any event, and without regard
to technical classification or designation, legal or other-
wise, and except only as otherwise specifically provided in
this Agreement, be, to the fullest extent permitted by law
and equity, binding for the benefit of the Authority and
enforceable by the Authority against the Company and its
successors and assigns . Subsequent to conveyance of the
Development Property, or any part thereof, to the Company,
and until construction of the Minimum Improvements has been
completed, the Company shall make reports to the Authority,
in such detail and at such times as may reasonably be re-
quested by the Authority, as to the actual progress of the
Company with respect to construction of the Minimum Improve-
ments . The Company also agrees that it shall allow desig-
nated representatives of the Authority to enter upon the
Development Property during the construction of the Minimum
Improvements to inspect such construction.
Section 4 . 4 . Certificate of Completion.
(a) Promptly after completion of the minimum Im-
provements in accordance with the provisions of this
Agreement , the Authority will furnish the Company with a
Certificate of Completion, in substantially the form set
forth in Exhibit B attached hereto. Such Certificate of
Completion shall be (and it shall be so provided in the
Development Property Deed and in the Certificate of
Completion itself ) a conclusive determination of satis--
faction and termination of the agreements and covenants
in this Agreement and in the Development Property Deed
with respect to the obligations of the Company, and its
4 - 3
successors and assigns, to construct the Minimum Im-
provements.
(b) The Certificate of Completion shall be re-
corded in the proper office for the recordation of deeds
and other instruments pertaining to the Development
Property. If the Authority shall refuse or fail to
provide a Certificate of Completion in accordance with
the provisions of this Section 4 . 4 of this Agreement ,
the Authority shall , within ten ( 10 ) days after written
request by the Company, provide the Company with a writ-
ten statement indicating in adequate detail in what re-
spects the Company has failed to complete the Minimum
Improvements in accordance with the provisions of this
Agreement , or is otherwise in default under the terms of
this Agreement, and what measures or acts it will be
necessary, in the opinion of the Authority, for the
Company to take or perform in order to obtain such Cer-
tificate of Completion.
4 4
ARTICLE V
Insurance and Condemnation
Section 5 .1 . Insurance.
(a) The Company will provide and maintain or cause
to be maintained at all times during the process of con-
structing the Minimum Improvements and, from time to
time at the request of the Authority, furnish the
Authority with proof of payment of premiums on:
( i ) 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 Minimum Im-
provements at the date of completion, and with
coverage available in nonreport.ing form on the so-
called "all risk" form of policy. The interest of
the Authority shall be protected in accordance with
a clause in form and content satisfactory to the
Authority
( ii ) Comprehensive general liability insurance
( including operations , contingent liability, opera-
tions of subcontractors , completed operations and
contractual liability insurance) together with an
Owner ' s Contractor ' 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
( iii ) Worker ' s compensation insurance, with
statutory coverage .
The policies of insurance required pursuant to
clauses ( i ) and ( ii ) above shall be in form and sub-
stance satisfactory to the Authority and shall be placed
with financially sound and reputable insurers licensed
to transact business in the State. The policy of insur-
ance required pursuant to clause ( i ) above shall contain
an agreement of the insurer to give not less than thirty
( 30 ) days advance written notice to the Authority and
the Company in the event of cancellation of such policy
or change affecting the coverage thereunder .
(b) Upon completion of construction of the Minimum
Improvements and prior to the Termination Date, the
Company shall maintain, or cause to be maintained, at
its cost and expense, and from time to time at the re-
quest of the Authority shall furnish proof of the pay-
ment of premiums on insurance as follows :
5 - 1
( i ) Insurance against loss and/or damage to
the Minimum Improvements under a policy or policies
covering such risks as are ordinarily insured
against by similar businesses, including (without
limiting the generality of the foregoing) fire,
extended coverage, vandalism and malicious mis-
chief, explosion, water damage, demolition cost,
debris removal, and collapse in an amount not less
than the full insurable replacement value of the
Minimum Improvements , but any such policy may have
a deductible amount of not more than $50 , 000 . No
policy of insurance shall be so written that the
proceeds thereof will produce less than the minimum
coverage required by the preceding sentence, by
reason of co-insurance provisions or otherwise,
without the prior consent thereto in writing by the
Authority. The term "full insurable replacement
value" shall mean the actual replacement cost of
the Minimum Improvements (excluding foundation and
excavation costs and costs of underground flues,
pipes , drains and other uninsurable items ) and
equipment , and shall be determined from time to
time at the request of the Authority, but not more
frequently than once every three years, by an in-
surance consultant or insurer selected and paid for
by the Company and approved by the Authority. All
policies evidencing insurance required by this
subparagraph ( i ) with respect to the Minimum Im-
provements shall be carried in the names of the
Company, the Authority and the Holder of the First
Mortgage, as their respective interests may appear .
( ii ) Comprehensive general public liability
4 lity
insurance , including personal injury liability for
injuries to persons and/or property, including any
injuries resulting from the operation of automo-
biles or other motorized vehicles on or about the
Development Property, in the minimum amount for
each occurrence and for each year of $1, 000 , 000 ,
and shall be endorsed to show the Authority as an
additional insured.
( iii ) Such other insurance, including worker ' s
compensation insurance respecting all employees of
the Company, in such amount as is customarily car-
ried by like organizations engaged in like activ-
ities of comparable size and liability exposure;
provided that the Company may be self-insured with
respect to all or any part of its liability for
worker - s compensation.
5 - 2
(c) All insurance required in this Article V shall
be taken out and maintained in responsible insurance
companies selected by the Company which are authorized
under the laws of the State to assume the risks covered
thereby. The Company will deposit annually with the
Authority copies of policies evidencing all such insur-
ance, or a certificate or certificates or binders of the
respective insurers stating that such insurance is in
force and effect. Unless otherwise provided in this
Article V, each policy shall contain a provision that
the insurer shall not cancel or modify it without giving
written notice to the Company and the Authority at least
thirty ( 30 ) days before the cancellation or modification
becomes effective. Not less than fifteen ( 15 ) days
prior to the expiration of any policy, the Company shall
furnish the Authority evidence satisfactory to the
Authority that the policy has been renewed or replaced
by another policy conforming to the provisions of this
Article V, or that there is no necessity therefore under
the terms hereof . In lieu of separate policies, the
Company may maintain a single policy, or blanket or
umbrella policies , or a combination thereof , which pro-
vide the total coverage required herein, in which event
the Company shall deposit with the Authority a certifi-
cate or certificates of the respective insurers as to
the amount of coverage in force upon the Minimum Im-
provements.
(d) The Company agrees to notify the Authority
immediately in the case of damage exceeding $1.0 , 000 in
amount to, or destruction of , the Minimum Improvements
or any portion thereof resulting from fire or other
casualty. In the event that any such damage does not
exceed $100 , 000 , Net Proceeds of any such insurance
shall be paid directly to the Company, and the Company
will forthwith repair , reconstruct and restore the Min-
imum Improvements to substantially the same or an im-
proved condition or value as they existed prior to the
event causing such damage and, to the extent necessary
to accomplish such repair , reconstruction and restora-
tion, the Company will apply the Net Proceeds of any
insurance relating to such damage received by the
Company to the payment or reimbursement of the costs
thereof .
Net Proceeds of any insurance relating to damage or
destruction to the Minimum Improvements or any portion
thereof as a result of fire or other casualty in an
amount estimated to equal or exceed $100 , 000 shall be
payable to a trustee jointly agreed upon by the Company,
the Authority and the Holder of the First Mortgage and
shall be subject to such disbursement provisions as
5 - 3
shall be jointly agreed by the Authority, the Company
and the Holder of the First Mortgage. In the event the
Minimum Improvements or any portion thereof is destroyed
by fire or other casualty and the damage or destruction
is estimated to equal or exceed $100 , 000 , then the Com-
pany shall within ninety ( 90 ) days after such damage or
destruction, commence to repair , reconstruct and restore
the damaged Minimum Improvements to substantially the
same or improved condition or utility value as they
existed prior to the event causing such damage or de-
struction and, to the extent necessary to accomplish
such repair , reconstruction and restoration, the Company
will apply the Net Proceeds of any insurance relating to
such damage or destruction received by the Company from
the Authority to the payment or reimbursement of the
costs thereof .
(e) The Company shall complete the repair , recon-
struction and restoration of the Minimum Improvements ,
whether or not the Net Proceeds of insurance received by
the Company for such purposes are sufficient to pay for
the same. Any Net Proceeds remaining after completion
of such repairs, construction and restoration shall be
disbursed by the Authority to the Company.
( f ) Any other provision of this Section 5 . 1 not-
withstanding , if temporary or permanent construction
financing for the Minimum Improvements is funded with
the proceeds of Industrial Revenue Bonds (or an Indus-
trial Revenue Note ) issued by the City, the Authority
hereby agrees that , until such time as the Bonds or the
Note and all interest and premium, if any, thereon shall
be paid in 'Lull , the applicable provisions of the Loan
Agreement (or any similar document ) executed with re-
spect to such Bonds or Note shall control the payment ,
application and disbursement of any Net Proceeds of
insurance with respect to the Project ; provided, how-
ever , that this Section 5 . 1 shall remain in full force
and effect with respect to the Developers ' obligations
to maintain insurance, notify the Authority of any
casualty thereto, and reconstruct the Minimum Improve-
ments upon casualty.
Section 5 . 2 . Condemnation.
(a) In the event that title to and possession Lon of
the Minimum Improvements or any material part thereof
shall be taken in condemnation or by the exercise of the
power of eminent domain by any governmental body or
other person ( except the Authority or the City) so long
as either the Assessment Agreement shall remain in
effect or there shall be any unpaid principal balance on
5 - 4
the Promissory Note, the Company shall, with reasonable
promptness after such taking, notify the Authority as to
the nature and extent of such taking . Upon receipt of
any Condemnation Award the Company shall elect to
either : (a) use the entire Condemnation Award to recon-
struct the Minimum improvements (or , in the event only a
part of minimum Improvements have been taken, then to
reconstruct such part ) upon the Development Property or
elsewhere within the Project Area; or (b) pay to the
Authority out of the Condemnation Award, to the extent
any such Condemnation Award is sufficient for such pur-
pose: ( i ) if prior to the Termination Date, the present
value of sum of the real property taxes which would have
been assessed upon the Improved Parcel between the date
04�
.L such condemnation and the Termination Date, such
calculation to be based upon (A) the Assessor ' s minimum
Market Value specified in the Assessment Agreement pur-
suant to Section 6 . 1 of this Agreement, and (B) the
then-effective mill rate upon the date of such condemna-
tion, such sum to be discounted to present value based
upon (A) the number of years between the date of such
condemnation and the date of expiration of the Assess-
ment Agreement , and (B) the interest rate on the Promis-
sory Note; and ( ii ) the outstanding Principal Balance of
the Promissory Note, if any.
(b) Any other provisions of the foregoing para-
graph notwithstanding, if construction financing for the
Project is funded with the proceeds of Industrial Reve-
nue Bonds (or an Industrial Revenue Note) as discussed
in Section 15 . 1 ( f ) of this Agreement , until such time as
the principal , premium, if any, and interest on such
Industrial Revenue Bonds (or Industrial Revenue Note)
shall have been paid in full , the proceeds of any Con-
demnation Award received with respect to the Minimum
Improvements shall be first paid, applied and disbursed
as provided in the Loan Agreement (or any similar docu-
ment ) executed with respect to such Industrial Revenue
Bonds (or Industrial Revenue Note) , with any excess
received by the Developers (or by any "related person"
thereto within the meaning of Section 1033 (b) ( 6 ) of the
Internal Revenue Code of 1954 , as amended, and the regu-
lations promulgated thereunder ) to be applied as pro-
vided in the foregoing paragraph.
Section 5 . 3 . Modification for Benefit of Mortgagees .
In order to facilitate the obtaining of financing for the
construction of the Minimum Improvements , the Authority
agrees that it shall agree to any reasonable modification of
this Article V with respect to the disposition of the Net
Proceeds of any insurance or any Condemnation Award to acco-
modate the interests of the Holder of the First Mortgage;
5 - 5
provided, however , that the Authority determines, in its
reasonable judgment , that any such modification( s) will
adequately protect the legitimate interests and security of
the Authority with respect to the Project and the Redevelop-
ment Project.
5 - 6
ARTICLE VI
Assessment Agreement
Section 6 . 1 . Execution of Assessment Agreement . The
—
Company shall agree to and execute w*ith the Authority, prior
to purchase of the Development Property by the Authority or
reconveyance thereof to the Company, an Assessment Agreement
pursuant to the provisions of Minnesota Statutes 273 .76,
Subdivision 8 , specifying the Assessor ' sF171-m—urn Market
Value which shall be assessed upon the Improved Parcel for
calculation of real estate taxes . Specifically, the Company
shall agree that as of January 2, 1986 , all improvements to
the Improved Parcel with respect to which any real estate
taxes are levied or assessed and payable by the Company
shall be assessed to be of a market value of no less than
$ ( the Assessor ' s Minimum Market Value) . Nothing
in the Assessment Agreement shall limit the discretion of
the assessor to assign a market value to the property in
excess of such Assessor ' s Minimum Market Value nor prohibit
the Company from seeking through the exercise of legal or
administrative remedies a reduction in such market value for
property tax purposes , provided however , that the Company
shall not seek a reduction of such market value below the
Assessor ' s Minimum Market Value in any year so long as the
Assessment Agreement shall remain in effect . The Assessment
Agreement shall remain in effect until December 31 , 1994
( the "Termination Date" ) . The Assessment Agreement shall be
certified by the Assessor for the City as provided in Minne-
sota Statutes 273 . 76 , Subdivision 8 upon a finding by the
Assessor that the Assessor ' s Minimum Market Value represents
a reasonable estimate based upon the plans and specifica-
tions for the improvements to be constructed on the Develop-
ment Property and the market value previously assigned to
the Development Property . Pursuant to Minnesota Statutes
Section 273 .76 , Subdivision 8 , the Assessment Agreement
shall be filed for record in the office of the county -re-
corder or registrar of titles of Scott County, and such
filing shall constitute notice to any subsequent encum-
brancer 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 the First Mortgage.
Section 6 . 2 . Real Property Taxes .
(a ) The Company shall pay all real property taxes
payable with respect to the Development Property and
pursuant to the provisions of the Assessment Agreement
and any other statutory or contractual duty which shall
accrue subsequent to the date of its acquisition of
6 - 1
title to the Development Property and until the Com-
pany' s obligations have been assumed by any other person
with the written consent of the Authority and pursuant
to the provisions of this Agreement .
(b) The Company agrees that prior to the Termina-
tion Date:
( i ) It will not seek administrative review or
judicial review of the applicability of any tax
statute relating to the taxation of real property
contained on the Development Property determined by
any Tax official to be applicable to the project
or the Company or raise the inapplicability of any
such tax statute as a defense in any proceedings,
including delinquent tax proceedings;
( ii ) It will not seek administrative review or
judicial review of the constitutionality of any tax
statute relating to the taxation of real property
contained on the Development Property determined by
any Tax Official to be applicable to the project or
the Company or raise the unconstitutionality of any i
such tax statute as a defense n any proceedings ,
including delinquent tax proceedings;
( iii ) it will not seek any tax deferral or
abatement , either presently or prospectively autho-
rized under Minnesota Statutes , Section 273 .86 , or
any other State or federal law, of the taxation of
real property contained in the Development Property
between the date of execution of this Agreement and
the Termination Date.
Section 6 . 3 . Guarantee of Obligations Assessment
,Agreement and Promissory Note . Prior to purchase of the
Development Property by the Authority, the Company shall be
required to provide to the Authority an unconditional guar-
antee, in form and substance satisfactory to the Authority,
of all the Company ' s pecuniary obligations under the Assess-
ment Agreement and the Promissory Note by a corporation
which is itself rated, or which has long term debt obliga-
tions outstanding which are rated, at least "AA" by Standard
& Poor ' s Corporation, New York, New York , or such other
similar irrevocable guarantee of such pecuniary obligations
as shall be in form and substance acceptable to the Author-
ity.
Section 6 . 4 . Guarantee of Completion of Project . The
Company shall furnish, or cause to be furnished, to the
Authority prior to issuance of the Tax Increment Bonds or
purchase of the Development Property by the Authority a
6 - 2
completion bond with respect to the minimum Improvements
guaranteeing completion of construction of the Minimum Im-
provements in full in conformance with the Construction
Plans, or such other similar irrevocable guarantee of com-
pletion of construction of the Minimum Improvements in con-
formance with the Construction Plans , as shall be in form
and substance acceptable to the Authority. The completion
bond, if furnished, shall be in form and substance, and with
surety or sureties, as shall be acceptable to the Authority.
6 - 3
ARTICLE VII
Undertakings of the City; Tax Increment Bonds
Section 7 . 1 . Issuance of Tax Increment Bonds . The City
agrees that upon award of the Franchise to the Company , the
City shall take all stens necessary to issue and shall issue
its General Obligation Tax increment Bonds in an amount
sufficient to finance the City ' s and Authority ' s obligations
to the Company hereunder , including purchase of the
Development Property pursuant to the terms of Article III
and construction and installation of the Offsite
Improvements as provided in Section 7 . 2 . The City shall
issue the Tax Increment Bonds as rapidly as practicable
after award of the Franchise to the Company and in any case
within seventy-five (75 ) days of the date of such award.
The City ' s obligation to issue the Tax Increment Bonds shall
be subject to the limitations provided in Section 7 . 3
hereof , but shall otherwise be unconditional .
Section 7 . 2 . Provision of Offsite Improvements . As
consideration for the execution of this Agreement and Con-
struction of the Minimum Improvements by the Company, the
City agrees to undertake and finance, subject to the provi-
sions of Section 7 . 2 below, the following public development
costs of improvements located within the Redevelopment Proj-
ect but off the Development Property ( the Offsite Improve-
ments" ) :
mprove-
men"ts" ) :
It is the intention of the City to finance construction and
installation of the Offsite Improvements from proceeds of
the Tax Increment Bonds . The City shall commence construc-
tion of the offsite improvements within forty-five ( 45) days
of sale of the Tax Increment Bonds and shall complete con-
struction of: such Offsite Improvements not later than
Y The obligation of the City to construct
and install the Offsite Improvements shall be subject to the
provisions of Section 7 . 3 .
Section 7 . 3 . Limitations on Financial Undertakings of
the City.
(a) The provisions of Section 7 . 1 and 7 . 2 of this
Agreement notwithstanding, neither the City nor the
Authority shall have any obligation to the Company under
this Agreement to issue the Tax Increment Bonds or to
commence or continue construction of the Offsite im-
provements except upon the continuing existence of the
following conditions :
7 - 1
( i) The Company has been awarded the Fran-
chise and the Franchise remains in good standing
and no material litigation has been commenced or is
continuing with respect to the Franchise or the
Company which, if resolved unfavorably to the Com-
pany, would result either in revocation of the
Franchise or in the inability of the Company to
proceed with the Project ;
( ii ) The Company is not , and does not become,
in default under Article X of this Agreement , and
is in continuous compliance with all material terms
and conditions of this Agreement , and, subject to
Unavoidable Delays , proceeds with construction of
the Minimum Improvements with due diligence; and
( iii ) There has not been, nor does there occur ,
a substantial change for the worse in the financial
resources and ability of the Company, or a substan-
tial decrease in the financing commitments secured
by the Company for construction of the Minimum
Improvements , which change( s ) makes it substan-
tially more likely, the reasonable judgment of the
City and the Authority, that the Company will be
unable to fulfill its covenants and obligations
under this Agreement .
(b) The City the Authority and the Company recog-
nize that it is the intention of the City to use the tax
increment generated from the Tax Increment District to
retire the Tax Increment Bonds or the portion thereof
allocable to the City ' s and the Authority ' s undertakings
under this Agreement , and that the Tax Increment Bond
issue will contain a substantial component of capital-
ized interest . Therefore, any other provision or term
of this Agreement notwithstanding, the City assumes no
obligation to issue the Tax Increment Bonds in any term
and amount the principal and interest payments , or por-
tion of principal and interest allocable to the Project,
cannot be fully supported by the projected tax increment
generated by the Project and available for such pur-
pose . "Projected Tax Increment" shall mean, for pur-
poses of this paragraph, the tax increment which will be
generated by the Project as projected by the City ' s
fiscal consultants , based upon whatever assumptions such
fiscal consultants shall , in their sole discretion, deem
to be reasonable. Therefore, if interest rates rise
between the date of execution of this Agreement and the
date of sale of the Tax Increment Bonds such that if the
City issues the Tax Increment Bonds in an amount suffi-
cient to fulfill its obligations under Article III in
7 -- 2
Section 7 . 2 hereof the debt service on such bonds will
exceed the Projected Tax Increment , the City reserves
the right to issue the Tax Increment Bonds in an amount
the debt service on which will be equal to the Projected
Tax Increment and to decrease its obligations to Company
proportionately. However , in such event , the City and
the Authority agree that they shall exercise their best
efforts to structure a bond issue which will allow the
City, the Authority and the Company to proceed with the
Project and the Offsite Improvements substantially as
contemplated in this Agreement.
Section 7 . 4 . Use of Tai: Increments . The Authority
shall be free to use any tax increments received from the
Tax Increment District for any purpose for which such incre-
ments may lawfully be used pursuant to the provisions of
Minnesota Statutes Ch. 462 and Section 273 . 75 , subd. 4 , and
the Authority shall have no obligations to the Company with
respect to the use of such increment .
7 - 3
ARTICLE VIII
Mortgage Financing
Section 8 . 1 . Limitation Upon Encumbrance of Property.: ,.
Prior to the completion of the Minimum Improvements , as
certified by the Authority, neither the Company nor any
successor in interest to the Development Property or any
part thereof shall engage in any financing or any other
transaction creating any mortgage or other encumbrance or
lien upon the Development Property, 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 the Authority Mortgage , except :
(a) for the purposes of obtaining funds only to
the extent necessary for making the Minimum Improvements
( including, but not limited to, labor and materials,
equipment , professional fees, real estate taxes, con-
struction interest, organizational and other indirect
costs of development , costs of constructing the Minimum
Improvements , an allowance for contingencies , land ac-
quisition cost of the Development Property, costs of
issuance of any bond issue to fund construction or ac-
quisition of the Project , amounts required to fund any
bond reserves relating to construction or acquisition of
the Project, and amounts required to fund any required
escrow accounts ) ; and
( b ) only upon the prior written approval of the
Authority in accordance with Sections 8 . 1 and 8 . 2 of
this Agreement .
The Authority shall not approve any Mortgage which does not
contain terms that conform to the terms of Section 8 . 5 of
this Agreement , except as provided in Section 8 . 6 of this .
Agreement .
Section 8 . 2 . Approval of Mortgage. The Authority shall
approve a Mortgage if :
(a) the Authority first receives a copy of all
mortgage documents ;
(b) the mortgagee, in the reasonable judgment of
the Authority, is a responsible lender capable of and
authorized to make the mortgage loan;
(c) the mortgage loan, together with other funds
available to the Company, will , in the reasonable judg-
ment of the Authority, be sufficient to const-ruct the
Minimum Improvements;
8 - 1
(d) no Event of Default has occurred; and
(e) the Authority determines that the terms of the
Mortgage conform to the terms of Section 8. 5 of this
Agreeme nt . However , the approval of a mortgage by the
Authority shall not be unreasonably withheld.
Section 8. 3 . Notice of Default; Copy to Mortgagee_
Whenever the Authority shall deliver any notice or demand to
the Company with respect to any breach or default by the
Company in its obligations or covenants under the Agreement,
the Authority shall at the same time forward a copy of such
notice or demand to each Holder of any Mortgage authorized
by the Agreement at the last address of such Holder shown in
the records of the Authority.
Section 8 . 4 . Mortgagee ' s Option to Cure Defaults .
After any breach or default referred to in Section 8 . 3
hereof, each such Holder shall ( insofar as the rights of the
Authority are concerned) have the right , at its option, to
cure or remedy such breach or default (or such breach or
default to the extent that it relates to the part of the
Development Property covered by its mortgage) and to add the
cost thereof to the Mortgage debt and the lien of its Mort-
gage; provided, however , that if the breach or default is
with respect to construction of the Minimum Improvements,
nothing contained in this Section or any other Section of
this Agreement shall be deemed to permit or authorize such
Holder , either before or after foreclosure or action in 'Lieu
thereof, to undertake or continue the construction or com-
pletion of the Minimum Improvements (beyond the extent
necessary to conserve or protect Minimum Improvements or
construction already made) without first having expressly
assumed the obligation to the Authority, by written agree-
ment satisfactory to the Authority, to complete, in the
manner provided in the Agreement and in conformance with the
Construction Plans , the Minimum Improvements on the Develop-
ment Property. Any such Holder who shall properly complete
the Minimum Improvements relating to the Development Prop-
erty shall be entitled, upon written request made to the
Authority, to a certification by the Authority to such
effect in the manner provided in Section 4 . 4 of this Agree-
ment .
Section 8 . 5 . Authority ' s option to Cure Default on
Mortgage. Any Mortgage (other than the Authority Mortgage)
executed by the Company with respect to the Development
Property or any improvements thereon shall provide that , in
the event that the Company is in default under any Mortgage
authorized pursuant to this Article VIII , the mortgagee ,
within ten ( 10 ) days after it or any of its agents or em-
8 - 2
ployees become aware of any such default , shall notify the
Authority in writing of :
(a) the fact of the default;
(b) the elements of the default ; and
(c) the actions required to cure the default .
If the default is an "Event of Default" under such Mortgage,
which shall entitle such Holder to foreclose upon the Devel-
opment Property, the Minimum Improvements or any portion
thereof, and any applicable grace periods have expired, the
Authority shall have, and each Mortgage executed by the
Company with respect to the Development Property or any
improvements thereon shall provide that the Authority shall
have, the following rights with respect to cure of such
Event of Default:
If , within fifteen ( 15) days after receipt of said notice,
or thirty ( 30 ) days if the Event of Default is default of a
monetary obligation under the mortgage, the Authority com-
mences the actions necessary to cure the default (and cures
the default within thirty ( 30 ) days after receipt of said
notice) , then the mortgagee shall pursue none of its reme-
dies under the Mortgage based upon the said default of the
Company. In the event of a transfer of the title to the
Development Property to the Authority, or a third party ap-
proved by the Authority, whether or not required to cure a
default under the Mortgage, said transfer shall not consti-
tute an Event of Default under the Mortgage unless the secu-
rity of the mortgagee has , in fact , been impaired by said
transfer . In the event of said transfer (which does not
impair the security of the mortgagee) , the mortgagee shall
permit , subject to reasonable requirements as to financial
ability, the transferee to assume all outstanding obliga-
tions (and receive all remaining disbursements ) under the
Mortgage. The Authority will not approve any mortgage, pur-
suant to this Article VIII , which does not contain terms
which conform to the terms of this Section 8. 5, except as
provided in Section 8 . 6 of this Agreement .
Section 8 . 6 . Subordination and Modification for the
Benefit of Mortgagees .
(a) In order to facilitate the obtaining of fin-
ancing for the construction of the Minimum Improvements
by the Company, the Authority agrees to subordinate its
rights under the Development Property Deed and this
Agreement to the Holder of the First Mortgage for the
purposes described in Section 8 . 1 (a) cf this Agreement ,
but only provided that the First Mortgage provides that
8 - 3
if the Holder of the First Mortgage shall foreclose on
the Development Property, the improvements thereon, or
any portion thereof, or accept a deed to the Development
Property in lieu of foreclosure, it shall assume the
Company ' s obligations under the Assessment Agreement.
(b) In order to facilitate the obtaining of fin-
ancing for the construction of the Minimum Improvements,
the Authority agrees that it shall agree to any reason-
able modification of this Article VIII with respect to
the rights of the Authority under any Mortgage secured
by the Development Property or any improvements thereon,
or portion thereof, to accommodate the interests of the
Holder of the First Mortgage, provided, however , that
the Authority determines , in its reasonable judgment ,
that any such modification( s ) will adequately protect
the legitimate interests and security of the Authority
with respect to the Project and the Redevelopment
Plan. The Authority also agrees to consider such modi-
fication( s )
odi-
fications ) of this Article VIII with respect to other
Holders , and to agree to such modifications if the
Authority deems such modification( s) necessary and rea-
sonable.
8 - 4
ARTICLE IX
ProhibitionsAgainstAssignment and Transfer ;
indemnification
Section 9 . 1. Prohibition of Certain Transfers of Part-
nership Interests . As security for the obligations of the
Company under this Agreement, the Assessment Agreement and
the Promissory Note, the Company represents and agrees that
prior to the Termination Date, the Company shall comply with
the following conditions, and shall permit no reorganiza-
tion, termination, transfer of interest in, assignment of ,
or other change in the structure or identity of the Company,
except as provided in the following conditions :
( i ) The Company will maintain its existence as a
Minnesota limited partnership and will not wind up or
otherwise dispose of all or substantially all of the
partnership assets; provided that the Company may sell
or otherwise transfer to a partnership or corporation
organized under the laws of one of the United States , or
an individual , all or substantially all of its partner-
ship assets as an entirety and thereafter wind up and be
discharged from liability hereunder if the transferee
partnership, corporation or individual ( i ) assumes in
writing all of the obligations of the Company under this
Agreement and the Assessment Agreement ; and ( ii ) will
have, after giving effect to such transaction, owner ' s
equity ( in the case of a corporation) or combined net
worth of individual general partners ( in case of a part-
nership) or net worth ( in the case of an individual ) at
least equal to $ [ tnis figure to be the current
cumulative net worth of the general partners of the
partnership, exclusive of value of homesteads and
profit-sharing plan entitlements ] . At least thirty ( 30 )
days be-fore any such transaction becomes effective, the
Company shall give the Authority written notice. Every
such transferee partnership, corporation or individual
referred to in this Section 9 . 1 shall be bound by all of
the covenants and agreements of the Company herein with
respect to any further sale or transfer .
( ii ) Upon any change in the membership of the Com-
pany, whether by death, expulsion, withdrawal or retire-
ment of a partner , or the addition of a new partner , the
Authority shall be promptly informed and all new members
of the partnership as newly constituted shall deliver to
the Authority an instrument in form satisfactory to the
Authority affirming the joint and several liability of
all then existing partners for the obligations of the
Company.
9 - 1
The withdrawal, retirement, death or expulsion of a
partner shall not automatically discharge the liability of
said party for the obligations of the Company hereunder .
The Authority and the Company agree that subsequent to the
occurrence of one of said events, the partner involved (or
his estate) shall be discharged from liability under this
Agreement and the Assessment Agreement if , after said dis-
charge, the combined net worth of the remaining partners of
the Company ( including any additional partners, if any)
( exclusive of the value of homesteads and profit-sharing
plan entitlements) , computed in accordance with acceptable
accounting principles applied on a consistent basis, is not
less than $ . The Authority shall execute such docu-
ments as may be necessary or desirable to indicate such
discharge upon receipt of evidence to said parties that the
net worth requirement has been satisfied, and provided that
no Event of Default under this Agreement shall have happened
and be subsisting on the date of this discharge.
In determining the combined net worth of the individual.
partners of the Company for purposes of the tests set forth
in this Section 9 . 1 , the Authority shall rely upon a state-
ment by a certified public accountant licensed in the State
of Minnesota, based upon unaudited statements from the indi-
vidual partners.
Section 9 . 2 . Prohibition Against Transfer of Property
and Assignment of Agreement . For the foregoing reasons the
Company represents and agrees that prior to the Termination
Date:
(a) Except only by way of security for , and only
for , the purpose of obtaining financing necessary to
enable the Company or any successor in interest to the
Development Property, or any part thereof , to perform
its obligations with respect to making theM 4 nimum Im-
provements under this Agreement , and any other purpose
authorized by this Agreement , the Company ( except as so
authorized) has not made or created and will not make or
create or suffer to be made or created any total or par-
tial sale, assignment , conveyance, or lease, or any
trust or power , or transfer in any other mode or form of
or with respect to the Agreement or the Development
Property or any part thereof or any interest therein, or
any contract or agreement to do any of the same, without
the prior written approval of the Authority.
(b) The Authority shall be entitled to require,
except as otherwise provided in the Agreement , as condi-
tions to any such approval that :
9 - 2
T;+
( i ) Any proposed transferee shall have the
qualifications and financial responsibility, in the
reasonable judgment of the Authority, necessary and
adequate to fulfill the obligations undertaken in
this Agreement by the Company.
( ii ) Any proposed transferee, by instrument in
writing satisfactory to the Authority and in form
recordable among the land records, shall, for it-
self and its successors and assigns, and expressly
for the benefit of the Authority, have expressly
assumed all of the obligations of the Company under
this Agreement and agreed to be subject to all the
conditions and restrictions to which the Company is
subject unless the Company agrees to continue to
fulfill those obligations, in which case the pre-
ceding provisions of this Section 9 . 2 (b) ( ii ) shall
not apply; provided, however , that the fact that
any transferee of, or any other successor in inter-
est whatsoever to, the Development Property, or any
part thereof , shall not , for whatever reason, have
assumed such obligations or so agreed, shall not
(unless and only to the extent otherwise specifi-
cally provided in the Agreement or agreed to in
writing by the Authority) deprive the Authority of
any rights or remedies or controls with respect to
the Development Property or the construction of the
Minimum Improvements ; it being the intent of the
Parties as expressed in this Agreement , that ( to
the fullest extent permitted by law and equity and
excepting only in the manner and to the extent
specifically provided otherwise in the Agreement )
no transfer of , or change with respect to, owner-
ship in the Development Property or any part
thereof , or any interest therein, however consum-
mated or occurring, and whether voluntary or invol-
untary , shall operate, legally or practically, to
deprive or limit the Authority of or with respect
to any rights or remedies or controls provided in
or resulting from the Agreement with respect to the
Development Property and the construction of the
Minimum Improvements that the Authority would have
had, had there been no such transfer or change. In
the absence of specific written agreement by the
Authority to the contrary, no such transfer or
approval by the Authority thereof shall be deemed
to relieve the Company, or any other party bound in
any way by the Agreement or otherwise with respect
to the construction of the Minimum Improvements ,
from any of its obligations with respect thereto.
9 - 3
( iii ) There shall be submitted to the Authority
for review and prior written approval all instru-
ments and other legal documents involved in effec-
ting the transfer of any interest in this Agreement
or the Development Property governed by this Arti-
cle IX.
Section 9 . 3 . Release and Indemnification Covenants .
(a) The Company releases from and covenants and
agrees that the Authority and the City and the governing
body members, officers , agents, servants and employees
thereof (hereinafter , for purposes of this Section 9 . 3,
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 .
(b) Except for any willful misrepresentation or
any willful or wanton misconduct of the indemnified
parties, the Company agrees to protect and defend the
indemnified parties, now or forever , and further agrees
to hold the indemnified parties harmless from any claim,
demand, suit , action or other proceeding whatsoever by
any person or entity whatsoever arising or purportedly
arising from this Agreement , or the transactions contem-
plated hereby or the acquisition, construction, instal-
lation, ownership, and operation of the Project .
( c) The indemnified parties shall not be liable
for any damage or injury to the persons or property of
the Company or its officers , agents , servants or em-
ployees or any other person who may be about the Project
due to any act of negligence of any person.
(d) All covenants , stipulations , promises , agree-
ments and obligations of the Authority and the City
contained herein shall be deemed to be the covenants ,
stipulations , promises , agreements and obligations of
the Authority and the City, respectively, and not of any
governing body member , officer , agent , servant or em-
ployee of the Authority or the City in the individual
capacity thereof .
Section 9 . 4 . Approvals . Any approval of a transfer of
interest in the Company, this Agreement , or the Development
Property required to be given by the Authority under this
Article IX may be denied only in the event that the Author-
ity reasonably determines that the ability of the Company to
perform its obligations under this Agreement , or the overall
financial security provided to the Authority under the terms
9 - 4
of this Agreement , or the likelihood of the Minimum Improve-
ments being successfully constructed and operated pursuant
to the terms of this Agreement , will be materially impaired
by the action for which approval is sought .
9 - 5
if
ARTICLE X
Events of Default
Section 10 . 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 :
(a) Failure by the Company to timely pay all real
property taxes assessed with respect to the Development
Property pursuant to Article VI of this Agreement , or to
provide or maintain the guarantees required by Sections
6 . 3 or 6 . 4 hereof .
(b) Failure by the Company to provide the Promis-
sory Note as required by Section 3 . 4 , or to pay when due
any payment of principal or interest on the Promissory
Note;
( c) Failure by the Company to commence and com-
plete construction of the Minimum Improvements pursuant
to the terms, conditions and limitations of Article IV
of this Agreement.
(d) Failure by the Company to reconstruct the
Minimum Improvements when required pursuant to Sections
5 . 1 and 5 . 2 of this Agreement .
(e) Transfer of any interest in the Company or the
Project in violation of the provisions of Article IX
hereof .
( f ) Failure by the Company to substantially ob-
serve or perform any material covenant , condition, obli-
gation or agreement on its part to be observed or per-
formed under this Agreement .
(g) The Holder of any Mortgage on the Development
Property, or any improvements thereon, or any portion
thereof , exercises any remedy provided by the mortgage
documents or exercises any remedy provided by law or
equity in the event of a default in any of the terms or
conditions of the Mortgage.
Section 10 . 2 . Remedies on Default . Whenever any Event
of Default referred to in Section 10 . 1 of this Agreement
occurs , the Authority or the City, as specified below, may
take any one or more of the following actions after provi-
sion of thirty ( 30 ) days ' written notice to the Company and
the Holder of the First Mortgage of the Event of Default by
the Authority, but only if the Event of Default has not been
10 - 1
cured within said thirty ( 30 ) days or , if the Event of De-
fault cannot be cured within thirty ( 30 ) days , the Company
does not provide assurances to the Authority and the City
reasonably satisfactory to the Authority and the City that
the Event of Default will be cured as soon as reasonably
possible:
(a ) The Authority may suspend its performance
under the Agreement until it receives assurances from
the Company, deemed adequate by the Authority, that the
Company will cure its default and continue its perfor-
mance under the Agreement.
(b) If prior to purchase of the Development Prop-
erty by the Authority, cancel and rescind the Agreement .
( c) The Authority may withhold the Certificate of
Completion.
(d) If the Evert of Default is a failure to make
payments required by Article III hereof , the Authority
may declare the outstanding principal balance of the
Promissory Note together with all accrued and unpaid
interest immediately due and payable.
(e) The Authority may draw upon any guarantee pro-
vided to the Authority pursuant to any of the terms of
this Agreement according to its terms .
( f ) The Authority may take whatever action, in-
cluding legal or administrative action, which may appear
necessary or desirable to the Authority to collect any
payments due under this Agreement , or to enforce per-
formance and observance of any obligation, agreement , or
covenant of the Company under this Agreement .
Section 10 . 3 . Revesting Title in the Authority Upon
Happening of Event Subsequent to Conveyance to the Com-
pany. In the event that subsequent to conveyance of the
Development Property or any part thereof to the Company by
the Authority and prior to receipt by the Company of the
Certificate of Completion:
(a ) the Company (or successor in interest ) shall
fail to begin construction of the Minimum Improvements
in conformity with this Agreement , such failure is not
due to Unavoidable Delays and such failure to begin con-
struction shall not be cured within sixty (60 ) days
after written notice to do so; or
(b) the Company (or successor in interest) shall ,
after commencement of the construction of the Minimum
10 -- 2
Improvements, default in or violate its obligations with
respect to the construction of the Minimum Improvements,
or shall abandon or substantially suspend construction
work, such act or actions are not due to Unavoidable
Delays and any such default, violation, abandonment, or
suspension shall not be cured within sixty ( 60 ) days
after written demand by the Authority to do so;
(c) the Company (or successor in interest ) shall
fail to pay real property taxes on the Development Prop-
erty or any part thereof when due, or shall place
thereon any encumbrance or lien unauthorized by the
Agreement , or shall suffer any levy or attachment to be
made, or any materialman ' s or mechanic ' s lien, or any
other unauthorized encumbrance or lien to attach, and
such real property taxes or assessments shall not have
been paid, or the encumbrance or lien removed or dis-
ch,7rged or provision satisfactory to the Authority made
for such payment , removal , or discharge, within sixty
( 60 ) days after written demand by the Authority so to
do; provided, that if the Company shall first notify the
Authority of its intention to do so, it may in good
faith contest any mechanic ' s or other lien or encum-
brance filed or established and in such event the
Authority shall permit such mechanic ' s or other lien or
encumbrance to remain undischarged and unsatisfied dur-
ing the period of such contest and any appeal , but only
if the Company provides the Authority with a bank Letter
of Credit in the amount of the lien or encumbrance in
form and substance acceptable to the Authority, or other
security or assurance of payment in form and substance
acceptable to the Authority, guaranteeing payment of the
lien or encumbrance in the event the lien or encumbrance
is finally determined to be valid; during the course of
such contest the Company shall keep the Authority in-
formed respecting the status of such defense; or
(d) there is , in violation of the Agreement , any
transfer of the Development Property or any part
thereof , and such violation shall not be cured within
ninety ( 90 ) days after written demand by the Authority
to the Company; or
(e) the Holder of any Mortgage exercises any rem-
edy provided by the Mortgage documents or exercises any
remedy provided by law or equity in the event of a de-
fault in any of the terms or conditions of the Mortgage;
however , any such action by a Holder shall not consti-
tute cause for the Authority to reenter upon the Devel-
opment Property under this Section 10 . 3 if such Holder ,
or such Holder jointly with the Company: ( i ) assumes
all obligations and covenants of the Company under this
10 - 3
Agreement; and ( ii ) executes with the Authority an in-
demnification agreement with sufficient collateral to
indemnify the Authority fully for any loss the Authority
might suffer through failure to exercise their remedies
under this Agreement;
then the Authority shall have the right to re-enter and take
possession of the Development Property and to terminate (and
revest in the Authority pursuant to the provisions of this
Section 10 . 3 subject only to any superior rights in any
Holder acquiesced in by the Authority pursuant to Section
8 .6 of this Agreement ) the estate conveyed by the Develop-
ment Property Deed to the Company, it being the intent of
this provision, together with other provisions of this
Agreement, that the conveyance of the Development Property
to the Company shall be made upon the condition that , and
that the Development Property Deed shall contain a condition
subsequent to the effect that, in the event of any default
under this Section 10 . 3 on the part of the Company and fail-
ure on the part of the Company to cure such default within
the period and in the manner stated in such subdivision, the
Authority may declare a termination in favor of the Author-
ity of the title and of all the Company ' s rights and in-
terests in and to the Development Property conveyed to the
Company, and that such title and all rights and interests of
the Company, and any assigns or successors in interest to
and in the Development Property, shall revert to the Author-
ity ( subject to the provisions of Secticn 10 . 4 of this
Agreement) , but only if the events stated in Section
10 . 3 (a)-(e) have not been cured within the time period pro-
vided above, or if the events cannot be cured within such
time periods , the Company does not provide assurances to the
Authority, satisfactory to the Authority, that the events
will be cured as soon as reasonably possible .
Section 10 . 4 . Resale of Reacquired Property; Disposi-
tion of Proceeds . Upon the revesting in the Authority of
title to the Development Property or any part thereof as
provided in Section 10 . 3, the Authority shall , pursuant to
its responsibilities under law, use its best efforts , sub-
ject to any rights or interests in such property or resale
granted to any Holder pursuant to Section 8 . 6 of this Agree-
ment and previously acquiesced to by the Authority, to re-
sell the Development Property or part thereof as soon and in
such manner as the Authority shall find feasible and con-
sistent with the objectives of such law and of the Redevel-
opment Plan to a qualified and responsible party or parties
(as determined by the Authority in its sole discretion) who
will assume the obligation of making or completing the Mini-
mum Improvements or such other improvements in their stead
as shall be satisfactory to the Authority and in accordance
with the uses specified for such Development Property or
10 - 4
part thereof in the Redevelopment Plan. Upon such resale of
the Development Property, the proceeds thereof shall be
applied:
(a) First , to pay all unpaid real estate taxes
which have or shall become due and payable with respect
to the Development Property and improvements thereon in
the calendar year in which the Development Property is
resold, and to pay any and all delinquent real estate
taxes , including any interest and penalties accrued
thereon, unpaid upon the date of resale of the Develop-
ment Property;
(b) Second, to pay the principal and interest on
any Mortgage( s) created on the Development Property, or
any portion thereof , or any improvements thereon, pursu-
ant to Article VIII of this Agreement . If more than one
Mortgage on the Development Property, or any portion
thereof, or any improvements thereon, is created pursu-
ant to Article VIII of this Agreement , and insufficient
proceeds of the resale exist to pay the principal of ,
and interest on, each such Mortgage in full , then such
proceeds of the resale as are available shall be used to
pay the principal of and interest on each such Mortgage
in their order of attachment , or by mutual agreement of
all contending parties including the Company, or by
operation of law;
(c) Third, to reimburse the Authority, on its own
behalf or on behalf of the Authority, for all costs and
expenses incurred by the Authority, including but not
limited to salaries of personnel , in connection with the
recapture , management and resale of the Development
Property or part thereof ( but less any income derived by
the Authority from the property or part thereof in con-
nection with such management ) ; any payments made or
necessary to be made to discharge any encumbrances or
liens (except for Mortgages) existing on the Development
Property or part thereof at the time of revesting of
title thereto in the Authority or to discharge or pre-
vent from attaching or being made any subsequent encum-
brances or liens due to obligations, defaults or acts of
the Company, its successors or transferees (except with
respect to Mortgages ) ; any expenditures made or obliga-
tions incurred with respect to the making or completion
of the Minimum Improvements or any part thereof on the
Development Property or part thereof ; and any amounts
otherwise owing to the Authority or to the Authority
( including water and sewer charges) by the Company and
its successors or transferees ; the Authority shall reim-
burse any moneys retained by the Authority on behalf of
the Authority under this Section 10 . 4 ( c) to the Author-
10 - 5
ity within 30 days of the date of final distribution of
the proceeds of sale of the Development Property pursu-
ant to this Section 10 . 4 ; and
(d) Fourth, to reimburse the Company, its succes-
sors or transferees, up to the amount equal to ( i ) the
sum of the Purchase Price paid by it to the Authority
for the Development Property (or allocable to the part
thereof) and the cash actually invested by it in making
any of the Minimum Improvements on the Development Prop-
erty or part thereof, less ( ii ) any gains or income
withdrawn or made by it from the Agreement or the Devel-
opment Property.
Any balance remaining after such reimbursements shall be
retained by the Authority as its property.
Section 10 . 5 . No Remedy Exclusive. No remedy herein
conferred upon or reserved to the Authority 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 stat-
ute . 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 10 . 6 . No Additional Waiver Implied by One Wai-
ver . In the event any agreement contained in this Agreement
should be breached by any Party and thereafter waived by any
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 10 .7 . Agreement to Pay Attorney ' s Fees and
Expenses. Whenever any Event of Default occurs and the
Authority shall employ attorneys or incur other expenses for
the collection of payments due or to become due or for the
enforcement or performance or observance of any obligation
or agreement on the part of the Company herein contained,
the Company agrees that it shall , on demand therefor , pay to
the Authority the reasonable fees of such attorneys and such
other expenses so incurred by the Authority.
6
ARTICLE XI
Additional Provisions
Section 11 . 1 . Restrictions on Use . The Company agrees
for itself, its successors and assigns and every successor
in interest to the Development Property, or any part
thereof, that the Company and such successors and assigns
shall devote the Development Property to, and only to, and
in accordance with, the uses specified in the City Code, or
in the Redevelopment Plan, or in this Agreement .
Section 11 . 2 . Conflicts of Interest . No member of the
governing body or other official of the Authority or the
City shall have any financial interest , direct or indirect ,
in this Agreement, the Improved Parcel , or any contract ,
agreement or other transaction contemplated to occur or be
undertaken th(-"reunder or with respect thereto, nor shall any
such member of the governing body or other official partici-
pate in any decision relating to the Agreement which affects
his personal interests or the interests of any corporation,
partnership or association in which he is, directly or in-
directly, interested. No member , official or employee of
the Authority or the City shall be personally liable to the
Company, or any successor in interest , in the event of any
default or breach by the Authority or for any amount which
may become due to the Company or successor or on any obliga-
tions under the terms of the Agreement .
Section 11 . 3 . Provisions Not Merged With Deed. None of
the provisions of this Agreement shall be merged by reason
of any deed transferring any interest in the Development
Property and any such deed shall not be deemed to affect or
impair t1k-e provisions and covenants of this Agreement .
Section 11 . 4 . Titles of Articles and Sections . Any
titles of the several parts , Articles and Sections of the
Agreement are inserted for convenience of reference only and
shall be disregarded in construing or interpreting any of
its provisions .
Section 11 . 5. Notices and Demands . Except as otherwise
expressly provided in this Agreement , a notice, demand or
other communication under the 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; and,
(a ) in the case of the Company is addressed to or
delivered personally to Minnesota Racetrack Limited
Partnership, at
Attention:
(b) in the case of the Authority, is addressed to
or delivered personally to the Authority at 129 E. 1st
Avenue, Shakopee, Minnesota 55379 , Attention: Executive
Director of the Housing and Redevelopment Authority;
(c) in the case of the Holder of the First Mort-
gage, is addressed or delivered personally to
Attention:
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.
Section 11 . 6 . Counterparts . This Agreement is executed
in any number of counterparts, each of which shall consti-
tute one and the same instrument .
Section 11 . 7 . Modification. if the Company is re-
quested by the Holder of a Mortgage or by a prospective
Holder of a prospective Mortgage to amend or supplement this
Agreement in any manner whatsoever , the Authority will , in
good faith, consider the request with a view to granting the
same unless the Authority, in their reasonable judgment,
conclude that such modification is not in the public inter-
est, or will significantly and undesirably weaken the finan-
cial security provided to the interests of the Authority by
the terms and provisions of this Agreement .
Section 11 . 8 . 'Law Governing . This Agreement will be
governed and construed in accordance with the laws of Minne-
sota.
2
ARTICLE XII
Termination of Agreement
Section 12 . 1 . The Company' s Options to Terminate . This
Agreement may be terminated by the Company if ( i ) the Com-
pany is in compliance with all material terms of this Agree-
ment and no Event of Default has occurred; and ( ii ) the
Authority fails to comply with any material term of this
Agreement, and, after written notice by the Company of such
failure, the Authority has failed to cure such non-compli-
ance within ninety ( 90 ) days of receipt of such notice, or ,
if such non-compliance cannot reasonably be cured by the
Authority within ninety ( 90 ) days, the Authority has not ,
within ninety ( 90 ) days of receipt of such notice, provided
assurances, reasonably satisfactory to the Company, that
such non-compliance will be cured as soon as reasonably
possible.
Section 12 . 2 . The City and Authority ' s Options to Ter-
minate. The City and the Authority may, at their option and
by mutual consent , terminate this Agreement if ( i ) the
Franchise is awarded to an applicant other than the Company,
or ( ii ) the Franchise is not awarded prior to January 1,
1985 .
Section 12 . 3 . Action to Terminate. Termination of this
Agreement due to the occurrence of any of the foregoing must
be accomplished by written notification to the Authority
within thirty ( 30 ) days after the date when such option to
terminate may first be exercised. A failure to terminate
this Agreement within such period constitutes a waiver of
the rights to terminate this Agreement due to such occur-
rence or event .
Section 12 . 4 . Effect of Termination. If this Agreement
is terminated pursuant to this Article XII , this Agreement
shall be from such date forward null and void and of no
further effect ; provided, however , the termination of this
Agreement shall not affect the rights of either party to
institute any action, claim or demand for damages suffered
as a result of breach or default of the terms of this Agree-
ment by the other party, or if a recovery of amounts ( in-
cluding payments of principal and interest on the Promissory
Note, fees, charges or reimbursements) which had accrued and
become due and payable as of the date of such termination.
Upon termination of this Agreement pursuant to this Article
XII , the Authority shall release all guarantees delivered to
the Authority pursuant to the terms of this Agreement , and
the Company shall be free to proceed with the Project at its
own expense and without regards to the provisions of this
Agreement; provided, however , that the Authority shall have
12 - 1
T' '.. �. t6.w.."i'�t;:tii'Y165ea"�x?.@Y'1ie YWc'y3)iY4U .,a'-• �'.-t�i ... !' [4:�i e'[ i'd '`e,i .w:'"-rm.5 'S.6i:.'a eu...«Rti.?.::Sd�ui'.Y?.'.z' 'd�' .8v�si §a`"'i6�,wi� .fAI. Snr` a dii..
no further obligations to the Company with respect to the
acquisition or sale of the Development Property.
IN WITNESS WHEREOF, the Authority has caused this Agree-
ment to be duly executed in its name and behalf and its seal
to be hereunto duly affixed and the Company has caused this
Agreement to be duly executed in its name and behalf , on or
as of the date first above written.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF SHAKOPEE,
MINNESOTA
( SEAL) By
Chairman
And
Secretary
MINNESOTA RACETRACK LIMITED
PARTNERSHIP
By
Its General Partner
CITY OF SHAKOPEE, MINNESOTA
(SEAL) By
Mayor
By _
City Clerk
12 - 2
STATE OF MINNESOTA)
)ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of A, 1984 , by and
, the Chairman and Secretary, respectively, of
the Housing and Redevelopment Authority in and for the City
of Shakopee, Minnesota, a political subdivision of the State
of Minnesota, on behalf of the Authority.
Notary Public
STATE OF MINNESOTA)
) SS .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of r 1984 , by F
general partners of Minnesota Racetrack Limited Partnership,
a limited partnership organized under the laws of Minnesota,
on behalf of the partnership.
Notary Public
STATE OF MINNESOTA)
)ss .
COUNTY OF
The foregoing instrument was acknowledged before me this
day of 01 1984 , by and
. the Mayor and City Clerk , respectively,
of the City of Shakopee, Minnesota, a municipal corporation
and political subdivision organized and existing under the
Constitution and laws of the State of Minnesota, on behalf
of the City.
Notary Public
12 - 3
EXHIBIT A
(Development Property)
The Northeas'- Quarter of the Southeast Quarter of Section 5,
Township 115, Range 22 , Scott County, Minnesota excepting
therefrom:
The West 150 . 00 feet of the north 333 . 00 feet of
the Northeast Quarter of the Southeast Quarter of
Section 5 , Township 115 , Rance 22 .
The South Half of the Southeast Quarter of Section 5 , Town-
ship 115 , Range 22, Scott County, Minnesota.
The Southwest Quarter of the Southwest Quarter of Section 4,
Township 115 , Range 22, Scott County, Minnesota.
That part of the East Half of the Northeast Quarter of Sec-
tion 8, Township 115 , Range 22, Scott County, Minnesota,
lying northerly of the centerline of County Road No. 16 .
The Northwest Quarter of Section 9 , Township 115 , Range 22,
Scott County, Minnesota excepting therefrom;
The south 400 feet of the west 100 feet of the
South Half of the Northwest Quarter .
The East Half of the Southwest Quarter of Section 9 , Town-
ship 115 , Range 22 , Scott County, Minnesota, lying northerly
of the centerline of County Road No. 16 .
A - 1
EXHIBIT B
CERTIFICATE OF COMPLETION AND RELEASE OF FORFEITURE
WHEREAS, the Housing and Redevelopment Authority ( the
"Grantor" ) , in and for the City of Shakopee, Minnesota ( the
"City" ) , a public body corporate and politic by a Deed
recorded in the Office of the County Recorder or the Regis-
trar of Titles in and for the County of Scott and State of
Minnesota, as Deed Document Number . has conveyed
to Minnesota Racetrack Limited Partnership, a Minnesota
general partnership ( the "Grantee" ) , the following described
land ( the "Development Property" ) in the County of Scott and
State of Minnesota, to wit :
The Northeast Quarter of the Southeast Quarter of
Section 5, Township 115, Range 22 , Scott County,
Minnesota excepting therefrom:
The West 150 . 00 feet of the north 333 . 00
feet of the Northeast Quarter of the
Southeast Quarter of Section 5, Township
12.5 , Range 22 .
The South Half of the Southeast Quarter of Section
5 , Township 115 , Range 22 , Scott County, Minnesota .
The Southwest Quarter of the Southwest Quarter of
Section 4 , Township 115, Range 22 , Scott County,
Minnesota .
That part of the East Half of the Northeast Quarter
of Section 8, Township 115, Range 22 , Scott County,
Minnesota , lying northerly of the centerline of
County Road No. 16 .
The Northwest Quarter of Section 9 , Township 115 ,
Range 22 , Scott County, Minnesota excepting there-
from:
The south 400 feet of the west 100 feet
of the South Half of the Northwest Quar-
ter .
The East Half of the Southwest Quarter of Section
9 , Township 115, Range 22 , Scott County, Minnesota,
lying northerly of the centerline of County Road
No. 16 .
and
B - 1
WHEREAS, said Deed incorporated and contained certain
covenants and restrictions , the breach of which by Grantee,
its successors and assigns would result in a forfeiture and
right of re-entry by Grantor , its successors and assigns,
said covenants and restrictions being set forth in said Deed
and in a Contract For Private Development, executed by and
between the Grantor , the Grantee and the City and dated
, 1984 ( the "Development Agreement" ) ; and
WHEREAS, said Grantee has to the present date per-Formed
said covenants and conditions insofar as it is able in a
.L
manner deemed sufficient by the Grantor to permit the execu-
tion tion and recording of th.Lcertification;
NOW, THEREFORE, this is to certify that all building
construction and other physical improvements specified to be
done and made by the Grantee have been completed and the
above covenants and conditions in said Deed and Development
Agreement have been performed by the Grantee therein and
that the provisions for forfeiture of title and right to re-
entry for breach of condition subsequent by the Grantor ,
contained therein, are hereby released absolutely and for-
ever insofar as they apply to the land described herein, and
the County Recorder or the Registrar of Titles in and for
the County of Scott and State of Minnesota is hereby autho-
rized to accept for recording and to record the filing of
this instrument , to be a conclusive determination of the
satisfactory termination of the covenants and conditions of
the contract referred to herein which would result in a
forfeiture by the Grantee, its successors and assigns, and
right of re-entry in the Grantor , its successors and
assigns, as set forth in said Deed, and that said Deed shall
otherwise remain in full force and effect .
THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF SHAKOPEE, MINNESOTA
By
Its Chairman
By
Its Secretary
B - 2
EXHIBIT C
PERMITTED ENCUMBRANCES
1. Any law, ordinance or governmental regulation ( including
but not limited to building and zoning ordinances) re-
stricting or regulating or prohibiting the occupancy,
use or enjoyment of the Development Property, or regu-
lating the character , dimensions or location of any
improvement now or hereafter erected on the Development
Property, or prohibiting a separation in ownership or a
reduction in the dimensions or area of the Development
Property, or the effect of any violation of any such
law, ordinance or governmental regulation.
2 . Rights of eminent domain or governmental rights of po-
lice power .
3 . Defects, liens , encumbrances, adverse claims or other
matters : (a ) resulting in no loss or damage to the Com-
pany; and (b) attaching or created subsequent to the
conveyance of the Development Property to the Company by
the Authority pursuant to Article VI .
4 . Such encumbrances listed on the title policy obtained by
the Company upon the Seller Closing Date pursuant to
Section 3 . 1 , provided that no such encumbrance shall, in
the opinion of counsel to the Authority, result in the
title to the Development Property held by the Company
not constituting "marketable title. "
5 . Such other encumbrances listed on the title commitment
obtained by the Company prior to the Authority Closing
Date pursuant to Section 3 . 3 as to which the Authority
shall agree.
C
EXHIBIT D
QUALIFYING IMPROVEMENTS
The following are the Qualifying Improvements which the
Company expects to construct and perform on the Development
Property, and the costs which the Company reasonably expects
to incur for such improvements:
Qualifying Improvements Estimated Cost
Upon substantial completion of these Qualifying Improve-
ments, the Company expects to submit to the Authority a
certification with respect thereto substantially in the form
of Exhibit E attached to and made a part of the Development
Agreement, certifying as the actual costs incurred with
respect to the Qualifying Improvements for purposes of cal-
culation of the Purchase Price pursuant to Section 3 . 3 of
the Development Agreement.
D
EXHIBIT E
CERTIFICATE AS TO
COMPLETION AND COSTS OF
QUALIFYING IMPROVEMENTS
The undersigned, is the general part-
ner of Minnesota Racetrack Limited Partnership, a general
partnership organized and existing under the laws of the
State of Minnesota ( the "Company" ) . The Company, the City
of Shakopee ( the "City" ) and the Housing and Redevelopment
Authority ( the "Authority" ) in and for the City of Shakopee,
Minnesota have executed a certain Contract for Private
Development, dated ( the "Development
Agreement" ) with respect, to the acqusition of certain real
property located in the City ( the "Development Property" )
and the construction of a thoroughbred horseracing facility
and certain related improvements ( the "Minimum
Improvements" ) thereon by the Company. Pursuant to the
provisions of the Development Agreement , and particularly
Section 3 . 2 and Exhibit E thereof, the Company agreed to
construct and perform certain improvements ( the "Qualifying
Improvements" ) of a primarily public nature on the Develop-
ment Property. The undersigned, acting for and on behalf of
the Company, hereby certify as of the date hereof as fol-
lows :
1. As of the date hereof , the Company has substan-
tially completed the following Qualifying Improvements
listed in Exhibit D to the Development Agreement, and the
construction and performance of all such Qualifying Improve-
ments is in substantial conformance with the Construction
Plans (as defined in the Development Agreement ) submitted to
and approved by the Authority:
2 . The following are the true and correct costs , to
the best knowledge' of the undersigned, incurred by the Com-
pany with respect to construction and performance of the
Qualifying Improvements :
Qualifying Improvements Cost of Improvement Name of Payee
E - 1
Attached hereto are copies of the bills submitted by con-
tractors or subcontractors, or other evidence satisfactory
to the Authority, evidencing the costs listed above.
The Company understands and agrees that the costs shown
on this Certificate will be used by the Authority in cal-
culating the Purchase Price (as defined in the Development
Agreement ) to be paid by the Authority for the Development
Property pursuant to Section 3 . 3 of the Development Agree-
ment .
IN WITNESS WHEREOF, the undersigned has hereunto set his
hand this day of 198 .
By
General Partner
E - 2
EXHIBIT F
FORM OF NOTE
$ [Date )
FOR VALUE RECEIVED, the undersigned,
( "Borrower" ) , promises to pay to the Housing and Redevelop-
ment Authority ( the "Authority" ) , in and for the City of
Shakopee, Minnesota ( the "City" ) , a body corporate and poli-
tic and a political subdivision of the State of Minnesota,
or its order , the principal sum of Three Million Dollars
( $3 , 000 , 000 ) , with interest at the rate of ten per centum
( 10 . 00% ) per annum on the unpaid balance until paid. The
said principal and interest shall be payable in 120 equal
monthly installments of Dollars ( $
each, payable on the lst day of each month, withinterest
commencing to accrue on the earlier of the ( i ) the first day
of the first calendar month next following the first day the
Mini-mum Improvements (as hereinafter defined) is open to
members of the general public as a thoroughbred horseracing
facility, or ( ii ) January 1, 1986 . Borrower may, at its
option, prepay this Note in its entirety on any payment date
upon payment of the then outstanding principal balance and
accrued interest .
All payments of principal and interest shall be payable
at the principal office of the Authority in Shakopee, Minne-
sota or such other place as the Authority may designate in
writing .
This Note is issued pursuant to a certain Contract for
Private Development , dated ( the "Develop-
ment Agreement" ) , by and between the Company, the City and
the Authority, the terms and provisions of which are incor-
porated herein by reference. Pursuant to the provisions of
the Development Agreement , the Authority has acquired and
reconveyed the Development Property to the Borrower for the
principal sum of this Note in consideration of the covenants
of the Borrower to construct a thoroughbred horseracing
facility and certain related improvements ( the "Minimum Im-
provements" ) upon the Development Property. Pursuant to
Article 1V of the Development Agreement , upon Completion of
the Minimum Improvements by the Borrower in substantial con-
formance with certain construction plans submitted to and
approved by the Authority, the Authority will issue to the
Borrower the Certificate of Completion referred to in the
preceding paragraph. Payment of the principal and interest
when due on this Note is secured by a mortgage on the Devel-
opment Property and the improvements thereon .
F
If default be made in the payment of any installment due
under this Note or by the occurrence of any one or more of
the Events of Default soecified in Article X of the Develop-
ment Agreement and if such Event of Default is not -remedied
as therein provided, the Authority then, or at any time
thereafter, may give notice to Borrower declaring all unpaid
principal and unpaid interest accrued to the date of payment
together with all other unpaid amounts outstanding under the
Development Agreement to be due and payable and thereupon
without further notice or demand all such amounts shall
become and be immediately due and payable . Failure to exer-
cise this option shall not constitute a waiver of the right
to exercise the same at any time in the event of any con-
tinuing or subsequent default . In the event of default in
the payment of this Note and if the same is collected by an
attorney at law, Borrower agrees to pay all costs of collec-
tion including a reasonable attorney ' s fee.
Borrower hereby waives presentment for payment, demand,
protest , notice of protest and notice of dishonor .
This Note and all instruments securing the same are to
be construed according to the laws of the State of Minne-
sota . Signed this day of 11
MINNESOTA RACETRACK LIMITED
PARTNERSHIP
By
General Partner
F - 2
City of Shakopee
POLICE DEPARTMENT
f 476 South Gorman Street
SHAKOPEE, MINNESOTA 55379
Tel. 445.6666
TO: Mayor, Council Members
FROM: Tom Brownell
SUBJECT: Snowmobile and All-Terrain Vehicle Regulations
DATE: September 30, 1982
INTRODUCTION
As a result of numerous citizen complaints regarding snowmobile
operating violations, Council reviewed the various regulations
and alternatives presented by staff on March 1, 1982 .
BACKGROUND
Staff was directed to implement three alternatives for the
remainder of the season; two of the alternatives improved the
problem. A review of the third alternative, snowmobile routes
within the City, proved to be non-enforceable and is creating
the majority of citizen complaints.
Due to previous winter seasons which were not condusive to
snowmobiling, we have experienced a drastic decline in the
number of snowmobiles in the City. Membership of the local
snowmobile club has declined to approximately fifteen adult
members. The majority of violations are committed by juveniles
operating in residential areas and on private property. The
majority of adult operators trailer their snowmobiles to trail
systems or areas better suited for this enjoyment.
ALTERNATIVES
1. Prohibit the operation of snowmobiles and all-terrain
vehicles within the City of Shakopee.
2. Do not consider amending the existing City Code .
3. Allow the operation of snowmobiles and all-terrain vehicles
in the area designated south of 13th Avenue extended easterly
and County State Aid Highway 16, and east of Spencer Street
and County Road 79, with property owner ' s written permission.
go C-sr �:70 _�AoEcct
r v
2 - Z
RECOMMENDATION
J
t
Alternative three will allow for the operation of snowmobiles
in an area having minimal impact on the majority of residents.
It will remove snowmobiles from heavily traveled city streets
and reduce the potential for accidents with motor vehicles .
It will reduce the number of citizen complaints regarding
damage to private property and offensive noise .
COUNCIL ACTION REQUESTED
Direct the City Attorney to draft an amendment to City Code
Section 8.30 , Snowmobile and All-Terrain Vehicle Traffic
Control and Regulations, prohibiting the operation of snow-
mobiles and all-terrain vehicles except in the designated area
south of 13th Avenue extended easterly and County State Aid
Highway 16, and east of Spencer Street and County Road 17,
with property owner' s written permission.
I
Law Offices of
KRASS, MEYER, KANNING & WALSTEN
Chartered
Suite 300 Phillip R. Krass Paralegals
Marschall Road Business Center Barry K. Meyer Susan M.Brown
327 South Marschall RoadBarbara J.Hedstrom
Philip T. Kanning
P.O. Box 216 Trevor R.Walsten
Shakopee, Minnesota 55379
(612)445-5080
MEMORANDUM
TO: Shakopee Mayor and City Council Members
FROM: Phillip R. Krass
DATE: February 8, 1984
RE: Ordinance Limiting or Prohibiting Snowmobile Use in the City of Shakopee
I believe there are three simple routes to limit or prohibit snowmobile use in
the City of Shakopee and will examine these options, which require little
substantial redrafting of our present snowmobile and all terrain vehicles
ordinance (Section 8.30 of City Code), in the following memorandum. Since I
am unsure of the extent of limitation or prohibition you dewire, I will not
recommend which of these options is most appropriate here. Suffice it to say
that Option No. 1 provides the least limitations on these vehicles, while
Option No. 3 is the maximum prohibition you can approve by law.
One note is necessary at this point. Since your question referred only to
snowmobiles, I considered it necessary to draft such a prohibition within the
confines of Section 8.30 of the City Code, thereby maintaining the status quo
as to all terrain vehicles. Separate ordinances could be drafted that are
unique to each set of vehicles, but that would require substantially more
drafting than the simple options explained below. I believe such extra work
is unnecessary, since your desired objectives can be achieved by one of these
three options.
OPTION NO. 1
If your desire is simply to prohibit the use of snowmobiles in specific areas
in Shakopee, I believe this can be done under Subdivision 4 of Section 8.30 of
the City Code. Subdivision 4 provides:
"Special Orders. In addition to the regulations provided in
Subdivision 3, it is unlawful to operate a snowmobile or ATV
on any public place where prohibited by order of the City.
The City shall have the power, by written order, to prohibit
such operation whenever in its discretion the same would be
likely to produce damage to property or endanger the safety
or repose of other persons. Such areas shall be appropri-
ately sign-posted before such order shall become effective."
2-
2
This subdivision provides a proper out for you to prohibit the use of snow-
mobiles in city parks, on school grounds, and the like, but does not overcome
the affirmative declaration of Subdivision 3, paragraph g, which allows:
"Snowmobile or ATV operations shall be permitted on the city
streets when traveling directly to or from the residence of
the operator in the nearest trail system access at a rate of
speed not in excess of 15 miles per hour."
If your desire is also to prohibit the use of snowmobiles in this fashion, one
of the other options examined below must be selected. For simple prohibitions
as to specific areas, however, Subdivision 4 may provide the most advantageous
and simplest route.
OPTION NO. 2
To prohibit snowmobile operation on specific public property and on specific
city streets, the following revision of paragraph g of Subdivision 3 of
Section 8.30 of the City Code should be approved, reading:
"In the following specified areas, except that ATV's may
be operated in such areas in accord with the other provi-
sions of this section, no snowmobile shall be operated
in the city in any of these places."
At this point, the areas on which snowmobile operation shall be prohibited are
listed. For a working example, see Section 4 of the attached Melrose statute.
If this option is selected and is to be proper in relation to the remaining
sections of this ordinance, Subdivision 5 should include an additional para-
graph, labeled "f", which shall provide:
"The operation of the vehicle on such street or highway is
not prohibited by any other provision of this section."
This option is designed, once again, to best effectuate a less than total pro-
hibition on snowmobile operation in the city. The Council here has the option
of specifically prohibiting these vehicles on some streets and other public
property, while still allowing such operation in other areas of the city.
If it is your desire, however, to prohibit snowmobiles to the greatest legal
degree, then this option should be bypassed, and the following option should
be approved.
OPTION NO. 3
If it is your desire to prohibit the operation of snowmobiles as much as you
legally can in the City of Shakopee, the following revision should initially
be approved. Subdivision 3 should read:
3
"Snowmobile operations in the city shall be allowed only on
private property, unless specifically authorized in the
remainder of this subdivision. It is unlawful for any per-
son to operate a snowmobile or ATV not licensed as a motor
vehicle, except as otherwise herein permitted, 8s follows."
This provision will prohibit the operation of snowmobiles on all public prop-
erty within the city, unless allowed under other provisions of this section.
To prohibit the operation of these vehicles on private property would raise
constitutional questions as to reasonableness, especially in light of all the
other prohibitions and regulations in this section (as to equipment, noise,
operation near others, etc.). Prohibiting the use on public property should
result in curbing nearly all, traffic within the city limits, due to the prob-
lems of access to the significant portions of public property necessary to
effectively enjoy these vehicles.
The following revision to paragraph a of Subdivision 3 will also be necessary:
"a. On the portion of any right-of-way of any public
highway, street, road, trail, or alley used for motor
vehicle travel, except that an ATV may operate on the most
righthand lane of a municipal street or alley and may in
passing or making a left turn, operate on other lanes which
are used for vehicle traffic in the same direction. Snow-
mobiles may also be operated upon the ditch bottom or the
outside bank of trunk county state aid and county highways
where such highways are so configured within the corporate
limits."
Shakopee is not legally able to prohibit snowmobile traffic in the ditches
along state and county highways according to Attorney General Opinion 1003;
therefore, this revision is required.
Final revisions necessitate deleting the word "snowmobile" from Subdivision 4
of this section since the application of that portion of this section to snow-
mobles will no longer be necessary, and the addition of the paragraph f to
Subdivision 5 proposed in Option No. 2 of this memorandum, to clarify that sub-
division in light of the revisions to Subdivision 3.
I believe this option prohibits the operation of snowmobiles in Shakopee to
the extent allowable by law.
CONCLUSION
To recap, Option No. 1 above will allow prohibiting snowmobiles on specific
property in the city, but not on city streets; while Option No. 2 will pro-
hibit snowmobiles on specific property, including city streets. Option No. 3
allows the maximum prohibition of snowmobiles in the city.
SEC. 8.30. SNOWMOBILE AND ALL-TERRAIN VEHICLE TRAFFIC CON-
TROL AND REGULATIONS .
Subd. 1. Definitions . The following terms , as used in
this Section, shall have the meanings stated:
A. The term "snowmobile" means a self-propelled
vehicle designed for travel on snow or ice steered by skis or
runners .
B. The terms "all-terrain vehicle" or "ATV" re-
fers to trail bikes , mini bikes , mopeds , amphibious vehicles and
similar devices other than snowmobiles used at least partially
for travel on natural terrain but not "special mobile equipment"
defined in M.S . 168.011 , Subdivision 22 , which is hereby incor-
porated herein by reference .
C. The term "owner" means a person, other than a
lien holder having the property in or title to snowmobile or ATV
entitled to the use or possession thereof.
D. The term "operate" means to ride in or on and
control the operation of a snowmobile or ATV.
E. The term "operator" means every person who op-
erates or is in actual physical control of a snowmobile or ATV.
F. The term "deadman throttle" or "safety
throttle" means a device which when pressure is removed from the
engine accelerator or throttle , causes the motor to be disengaged
from the driving mechanism.
G. The term "natural terrain" means areas other
than roadways or driveways (private or public) , parking lots and ..
other areas the surface of which has been intentionally modified
for motor vehicle operation thereon.
Subd. 2 . Scope of Application. Notwithstanding provi-
sions of this Chapter to the contrary, this Section shall apply
to control of traffic and regulation of that certain class of ve-
hicles falling within the definitions of snowmobiles or ATV as to
matters set forth herein. All provisions of this Chapter, not
relating to matters herein stated, apply as equally to snowmo-
biles or ATV as other vehicles .
Subd. 3. Operation. Except as otherwise herein per-
mitted, it is unlawful for any person to operate a snowmobile or
ATV not licensed as a motor vehicle as follows :
A. On the portion of any right-of-way of any pub-
lic highway, street, road, trail or alley used for motor vehicle
travel, except that a snowmobile or ATV may operate upon the most
right hand lane of a municipal street or alley and may in passing
or making a left hand turn, operate on other lanes which are used
for vehicle traffic in the same direction. Snowmobiles may also
be operated upon the ditch bottom or the outside bank of trunk,
County state-aid and County highways where such highways are so
configured within the corporate limits .
B. On a public sidewalk or bicycle trail provided ' .
for pedestrian or bicycle travel.
C. On boulevards within any public right-of-way.
4-1-78
-195-
D. On private property of another without specific
permission of the owner or person in control of said property.
E. At a rate of speed greater than reasonable or
proper under all surrounding circumstances.
F. At any place in a careless, reckless or negligent
manner or heedlessly in disregard of the rights or safety of others,
or in a manner so as to endanger or be likely to endanger or cause
injury or damage to any person or property.
Source : City Code
Effective Date: 4-1-78
G. Snowmobile or ATV operations shall be permitted
on the City streets when traveling directly to or from the residence
of the operator and the nearest Tra."l System access at a rate of
speed not in excess of fifteen (15) miles per hour .
Source : Ordinance No. 113 , 4th Series
Effective Date: 1-27-83
H. So as to tow any person or thing except through
use of a rigid towbar attached to the rear of the snowmobile or ATV.
I. At any place while under the influence of alcohol
or drugs as defined in M.S.A. 169.121, which is hereby incorporated
herein by reference.
J. Within 100 feet of any pedestrian, fisherman,
skating rink or sliding area where the operation would conflict with
the use or endanger other persons or property.
Subd. 4. Special Orders. In addition to the regulations
provided in Subdivision 3, it is unlawful to operate a snowmobile or
ATV on any public place where prohibited by order of the City, The
City shall have the power, by written order, to prohibit such opera-
tion whenever in its discretion the same would be likely to produce
damage to property or endanger the safety or repose of other per-
sons. Such areas shall be appropriately sign-posted before such
order shall become effective.
Subd. 5. Direct Crossings. A snowmobile or ATV may make
a direct crossing of a street or highway, except at interstate
highway or freeway, provided :
A. The crossing is made at an angle of approximately
90 degrees to the direction of the street or highway and at a place
where no obstruction prevents a quick and safe crossing .
B. The snowmobile or ATV is brought to a complete
stop before crossing the shoulder or main traveled way.
C. The driver yields the right-of-way to all on-
coming traffic which constitutes an immediate hazard.
D. In crossing a divided street or highway, the
crosssing is made only at an intersection of such street or highway
with another public street or highway.
E. If the crossing is made between the hours of
one-half hour after sunset to one-half hour before sunrise or in
conditions of reduced visibility, only if both front and rear
lights are on. ATV not licensed as a motor vehicle are forbidden
to cross highways or streets except when they are pushed across
-196- (8-15-83)
by human power. ATV when pushed across highways or streets shall
be subject to all the regulations of this Section.
Subd. 6. Yielding the Right-of.-Way. It is unlawful
for any person operating a snowmobile or ATV to enter any inter-
section without yielding the right-of-way to any vehicles or pe-
destrians at the intersection, or so close to the intersection as
to constitute an immediate hazard.
Subd. 7 . Persons Under Eighteen.
A. It is unlawful for any person under the age of
fourteen (14) years to operate a snowmobile or ATV on streets , in
City parks or other public land, or the roadway surface of high-
ways , or make a direct crossing of a trunk, County state-aid, or
County highway as the operator of a snowmobile or ATV. A person
fourteen (14) years of age or older, but less than eighteen (18)
years of age , may operate a snowmobile or ATV as permitted under
this Section, only if he has in his possession, a safety certifi-
cate issued by the Commissioner of Natural Resources as provided
by M.S .A. 84. 872 .
B. It is unlawful for the owner of a snowmobile
or ATV to permit the snowmobile or ATV to be operated contrary to
the provisions of this Section.
Subd. 8. Equipment. It is unlawful for any person to
operate a snowmobile or ATV any place within the City unless it
is equipped with the following:
A. Standard mufflers which are properly attached
and which reduce the noise of operation of the motor to the mini-
mum necessary for operation. No person shall use a muffler cut-
out, by-pass , straight pipe or similar device on a snowmobile or
ATV motor.
B. Brakes adequate to control the movement of and
to stop and hold the snowmobile or ATV under any condition of op-
eration.
p-
eration.
C. A safety or so-called "deadman" throttle in
operating condition.
D. When operated between the hours of one-half
hour after sunset to one-half hour before sunrise or at a time of
reduced visibility, at least one clear lamp attached to the front,
with sufficient intensity to reveal persons and vehicles at a
distance of at least 100 feet ahead during the hours of darkness
and under normal atmospheric conditions . Such head lamp shall be
so aimed that glaring rays are not projected into the eyes of an
oncoming snowmobile or ATV operator. It shall also be equipped
with at least one red tail lamp having a minimum candlepower of
sufficient intensity to exhibit a red light plainly visible from
a distance of 500 feet to the rear during the hours of darkness
under normal atmospheric conditions .
E . Reflective material at least 16 square inches
on each side , forward of the handlebars , or steering device of a
snowmobile or ATV and at the highest practical point on any towed
object, as to reflect light at a 90 degree angle .
4-1-7$
-197-
Subd. 9. Locking Vehicles . It is unlawful for any
person to leave a snowmobile or ATV on a public place unless he
shall lock the ignition, remove the key and take the same with
him.
Subd. 10. Emergencies . Notwithstanding the prohibi-
tion of operating a snowmobile or ATV upon a roadway to the con-
trary, a snowmobile or ATV may be operated on a public thorough-
fare in an emergency during the period of time when, at locations
where , snow upon the roadway renders travel by automobile imprac-
tical.
Subd. 11 . Animals . It is unlawful to intentionally
drive , chase , run over or kill any animal with a snowmobile or
ATV.
Subd. 12. Signal From Officer to Stop. It is unlawful
for a snowmobile or ATV operator, after having received a visual
or audible signal from any law enforcement officer to come to a
stop, to (a) operate a snowmobile or ATV in willful or wanton
disregard of such signal , or (b) interfere with or endanger the
law enforcement officer or any other person or vehicle , or (c)
increase his speed or attempt to flee or elude the officer.
Source : City Code
Effective Date : 4-1-78
(Sections 8.31 through 8.98, inclusive , reserved for future
expansion. )
4-1-78
-198-
yIIiOSC
i-jc p.m. on Sundays through 1r
)Ydhilmce 1983-1-C Thursdays. Classification
—
V 7:00,a.m. through 12:00
An Ordinance Regulating "p.m'.on'Fridsys and Saturdtiys Municipality
The Use of Snowmobiles and on any day preceding a
Within the City of Melrose state holiday. , Date
THE COUNCIL OF THE 2. Exetption. A snowmobile
'TY OF MELROSE HEREBY may be operated during times Subject
RDA1NS: other than those permitted
SECTION 1. INTENT. it is . under.Subdivision i- for the
e intent of this ordinance to , purpose of returning to the re-
,pplcmcnt Minnesota Stat- 'sidenct of the operator by the
es, Section 84.81 through most diPcct route from arteas
88 as amended and Minn where snowmobiling is permit-
•ota Statutes Chapter 169 with ted.
spec, to the operation of SECTION C.PLACES PR4-
rowmobiles. Such statutes are HiBITED. No person shall s
corporatcd herein by refer- operate a snown,obik within
tee• the City in any of the following ,
places: •
SECTION 2. DEFINITIONS. i Upon private property SECTION 8. EQUIPMENT.
1. For the purpose of this without written permission of SECTION S. EMERGENCY It is unlawful for any person to
CONDITIONS. In the event of operate a snowmobile any
rdinancc the terms defined the owner or persons entitled to
erein shall have the meaning possession and use of-the Pro- ''heavy Snow fall which makes it place within the City limits of
escribed to them. impractical to travel with auto- Melrose unless he is equipped
arty• mobiles.then an in such events• ,vith the following:
2. "Person" includes an 2. Upon any school grounds, snowmobiles may be rmitted
idividual, partnership. cor• park property.play grounds,or y lX 1.Brakes adequate to control
on all streets of the City of: he movement of an to stop and
oration. the state and its recreational areas except as Melrose:butsub'ecttothe ro•'
p ) P told the snowmobile under any
gencics and subdivisions. and 1
m• body of persons, whether and at such times as the proper visions of this ordinance. I :ondition of operation.
lcorporated or not. authorities may authorize or 2. A safety or so-called
designate. SECTION 6. AGE RESTRIC- 'deadman throttle in operat-
3. "Snowmobile" means a 3• Upon the following streets ng condition.
elf-propelled vehicle designed po g TIONS OF OPERATORS. No
�r travel on snow or ice steer
within the City of Melrose: person under fourteen (14) 3. When operated between
db y skits or runners. a.All of Main Street between years of age shall operate a the hours of one-half hour after
4. "Owner means a person, the Eastern and Western boun- snowmobile on any streets, sunset to one-half hour before
daries ofthe City. roadways or right of ways in sunrise or at times of reduced
ther than a lien holder having the City of Melrose or make a visibility, at !test one clear
he property in or title to a b. South 2nd Avenue East direct crossing Mee any City
now mobile or entitled to the between•Main Street and the lamp attached to the front, with
ase or possession thereof. Southern City Limits.
street as the operator of a sufficient intensity to reveal
snowmobileA erson fourteen
S• ,Operate" m .eans for ide c. North Slh Avenue East p persons and vehicles at a dis-
(14) years of age or older, but tance of at least 100 feet ahead
n or on and contra) the between Main Street and the less than eighteen(18)years of. during the hours of darkness
Aeration of a snowmobile. Northern City limits. age•may operate a snowmobile and under normal atmospheric
b. "Operator" means every d. Riverside Avenue bet- on streets as permitted under conditions.Such head lamps
,)erson who operates or is in ween 1st Street North and the this ordinance and make a shall be so aimed that glaring
,ctual physical control of a Western City limits. direct crossing; of such streets rays are not projected into the
nowmabile. C. North 3rd Avenue West only if he has in his immediate eys of an oncoming snowmobile
7. "Roadwas•" means that between Riverside Avenue and possession of a valid snow- operator.1t shall also be equip-
portion of a highway or street the Northern City limits. mobile safety certificate issued ped with at least one red tail
,rfiproved• designed or ordin- (A crossing of these streets by the Commissioner of Nat• lamp having a minimum can-
arily used for vehicular travel. may be made at a 90 degree ural Resources as provided by dlepower of sufficient intensity
8. "Street". means a public angle for the purpose of going Minnesota Statutes 84.86. it is to exhibit a red light plainly
thoroughfare, roadway, alley. to and from designated snow- unlawful for the owner of a visible from a distance of 500� snowmobile to permit the
ar trail used for motor vehicular mobile areas.entering or leav• P feet to the rear during the
which is not an inter- Ing the City o� n
snowmobile to be operator hours of darkness under nor•
craffrc going to ed,
contrary revisions of this
state.trunk,county stateaid,or from a repair shop.) `. y to P mal atmospheric conditions.
section.
county highway: 4. Upon any other street: 4. Standard mufflers which
SECTION 7. No snowmobile are properly attached and
9. "Right of Way" means- roadway or right of way in the shall enter an uncontrolled
the entire strip of land ,raver- City of Melrose- except for the Y which reduce the noise of oiler•
intersections without making a stion of the motor tv,f ne.mi
sed by a highway or street in purpose of going to and from- complete stop. The operator r
which the public owns the fee authorized snowmobile Maat P P P imum necessary for operation.
pair.shops. shall then yield the right of way No person shall use a muffler
or an easement for roadway and to and from re
to any vehicles or pedestrians cutout, by-pass. straight pipe
purposes. When a group of two or Moves
to at the intersection or so close to or similar devise on a snow-
snowmobiles are operating o
10. "Deadman Throttle" or any cit street they shall prof the intersection as to constitute mobile.
"Safety Throttle" means a y y an immediate hoard.
device which when pressure is Beed in single file while main-
removed from the engine accel- taining a reasonable distance-
erator or throttle, causes the between each other.
motor to be disengaged from S. Upon any public sidewalk
the driving mechanism. or walkway.
SECTION 3.
1. Generally. except as pro.
Odcd by Suhdiyisian 2. a snnw•.
SECTION 9. Every person SECTION 13. PENALTIES.
leaving a snowmobile on a Anyone violating any of the PASSED BY THE CITY
public place shall lock the above rules shall he guilty of a COUNCIL OF THE CITY OF
ignition. remove the key and misdemeanor. A person regis- MELROSE. MINNESOTA
take the same with him_ tcred as owner of a snowmobile THIS 3rd DAY OF February,
SECTION 10. it is unlawful may be fined not to exceed 1983•
for any person to operate a S300 if a snowmobile bearing Tfieodore C.Trutna .
snowmobile at anytime within his registration number is oper. Theodore C.Trutna
the City limits of Melrose; ated contrary to the provisions Mayor of the City of
I. At any place while under of Minnesota Statutes.Sections Melrose
the influence of alcohol or 84.88 to 8.488. 100.26. Subdiv- '
drugs as defined in Minnesota ision 1.or 100.29. Subdivisions ATTEST:
Statutes 169.121 which is here- 28 or 29.The regi%tcred owner Rose Ann inderrieden
by incorporated by reference. may not be st vaned if: Rose Ann Inderrieden
2. At a rate of speed greater 1. the snowmobile was re- Deputy Clerk
than reasonable or proper ported as stolen to the com- Published in the Melrose
under all surrounding circum- missioner or a law enforcement Beacon on February 9,1983.'11
stances. agency at the time of the 31leg-
3. At any place in a careless. ed unlawful act.or if
2.the registered owner dem-
t reckless. or negligent manner onstrates that the snowmobile
or heedlessly in disregard of either was stolen or was not in
the rights or safety of others or use at the time of the•alleged
in a manner so as to endanger. unlawful act.or if
or likely to endanger or cause
injury or damage to any per- 3. the registered owner fur•
sonai property. nishes to law enforcement offs.
4. Within t00 feet of any eers upon request the identity
fisherman. pedestrian. skating of the person in actual physical
rink or sliding arca Ahere the control of the snowmobile at
operation %\ould conflict with the time of such violation.
usF or endanger other persons The provisions of this section
or propert\. do not apply to any person who
SECTION 11. SPEED ON rents or leases a snowmobile if
STREETS. Snot%mobilcs being such person keeps a record of
operated on the City Streets the name and address of the
shall not travel in excess of len person or persons renting or
(10)miles per hotir. leasing such snow mobile, the
SECTION 12. All snowniob• registration number thereof,
ile accidents resulting in per. the departure date and time.
sonal injury. death.or property and expected time of return
damage of 5100.00 or more thereof. Such record shall be
must be reported to the City of preserved for at least six (6)
Melrose Police Department. months and shall be prima
facie evidence that the person
named therein was the oper-
ator thereof at the time it was
operated contrary to Minnesota
Statutes. Section 84.81 to
84.88. 100.26.Subdivision 1.or
100.29. Subdivisions 28 or 29.
The provisions of this section
do not prohibit or limit the
prosecution of a snowmobile
operator for violating any of the
sections referred to in
SECTION 13.
�Q
TO: John K. Anderson, City Administra r
FROM: H. R . Spurrier, City Engineer r
SUBJECT: Pavement Preservation Policy
DATE: February 14, 1984
Introduction:
There were several issues which received a consensus approval
when the Pavement Preservation Policy was considered. Three
other issues remain.
Background:
In summary the issues settled at this point are as follows :
1 . There will be a 3-tiered assessment for rehabilitation.
a . Direct - for abutting frontage
b. o� for the District or neighborhood
c. ity - city-wide levy, not an assessment
2 . The assessment will be computed as follows :
a. Direct - Twenty-five percent of the actual front
loot-cost varied to reflect the cost of the type of
work performed.
b. Zone - Twenty-five percent of the actual cost of
non-assessable frontage within the District assessed
to the Zone.
c. Cit y - Seventy-five percent of the actual cost
in uded in a city-wide levy.
3 . The City will credit property for improvements that
fail before they reach their design life .
4. Where functional class requires any additional width
or structure the City will pay 100 percent of the
cost of additional width or structure.
There are still three issues to be resolved :
1 . Rural Zones
2 . Additional width or structure not required by functional
class
3 . Industrial Zones
The rural zones would be easier to address if there was no
Eaglewood. That subdivision is so bad it is unfair to put
anyone with it . There are , in fact , two types of rural dev-
elopments, platted and unplatted . The platted developments
are well defined and usually unique units . The unplatted
development is not well. defined . It is along country roads ,
private roads or scattered along city streets .
The type of work performed in the rural Districts is much
different . The rehabilitation work is adding Class 5 base
material . Each year there is approximately $16 ,000 in that
base material placement .
The rural street system serving unplatted developments is not
arranged for a simple approach to rehabilitation assessments .
Most of the rural unplatted property is scattered among agri-
cultural property and is characterized by high non-assessable
frontage. This property, with the exception of Boiling Springs
Lane , is unpaved. This property could be arranged in Districts
according to zoning but there would be numerous exceptions .
This leads to the conclusion that there is no way to logically
group rural unplatted property except as it was grouped for
Boiling Springs Lane .
Taking the easy problem first , there are two alternatives to
assessing platted property where platted property will mean -
platted property or property which is similar in density to
platted --oral redi denti al property , such as the lots abutting
Boiling Springs Lane .
1 . Group all rural residential platted-developed property
in one District .
2 . Group each rural residential platted-developed property
in a separate District .
The urban groups are established like the second alternative .
There is considerable distance between these rural platted-
developed property and it is more likely that similar problems
and similar conditions would be found in each group.
It is my recommendation that the rehabilitation districts in
the rural residential area be established in each subdivision or
in each developed area which has a density similar to a sub-
division such as property abutting Boiling Springs Lane .
Finally, the unplatted property, the property abutting county
roads , the property on private roads and the property on City
streets must be included. This property, without exception, is
served by an unpaved street that does not need conventional rehab-
ilitation or is served by a county road that needs no rehabili-
tation.
i C,
Pr6Perty on the county road must be excluded from consideration
because it does not benefit from the other improvements and
because the county pays all of that rehabilitation cost . Unless
the county changes its policy on rehabilitation, this property
will not be assessed.
The property on private roads must be excluded because the City
is legally prohibitted from working on private right-of-way.
The last category of street is the rural unpaved City Street .
These streets comprise 5 . 8 percent of the total City mileage .
Currently, the City spends 11 . 3% of its street maintenance
budget on that mileage . Given the difficulty in proving bene-
fit for this work, it is doubtful that the addition of Class 5
could be assessed. The fact that the cost of maintenance per
mile is 65% above the cost in the urban area does lead to the
conclusion that this program need not expand until there is
a corresponding increase in the urban services .
It is my recommendation that City Council consider theme recom-
mendations regarding additional width not required by functional
class and complete the rehabilitation policy for commercial and
residential property. Time ' did not allow the formulation of
recommendations for Industrial porperty. Those recommendations
will be ready for the next meeting.
Action Requested:
Reach consensus on policy for rural roads in Shakopee .
_ ALJ
TO: John K. Anderson, City Administrator
FROM: H.R. Spurrier, City Engineer •
RE: Stormwater Drainage Utility
DATE: February 10, 1984
Introduction:
In 1983 Legislature Chapter 444 was ammended to include
provisions for a storm sewer utility. Leading the Metro Area,
the City of Roseville has assembled a reasonable plan for the
establishment of the utility.
Background:
I had the belief that a Drainage Utility would be the
panacea for the non-assessable storm sewer projects . It is
not . I thought a Drainage Utility would end assessment
appeals . It does not . I thought a Drainage Utility would
help to expedite the systematic improvement of the City' s
Drainage system. It may not.
The Drainage Utility won' t work for the elements noted
above, but it could work as a funding mechanism that is used
in conjunction with special assessments or ad valorem levy.
Discussion could focus on the following issues .
1 . User fees (Utility charges ) may be used to reduce the
property owner' s share of the assessment (e.g. 25%
specially assessed, 50% ad valorem, 25% City-wide
stormwater drainage fee )
2 . User fees may be used to fund the trunk share of storm
sewer projects . (e.g. 50% of Trunk Cost ad valorem
50% of Trunk cost City-wide stormwater drainage fee )
3 . User fees may be used to fund all maintenance functions
related to stormwater drainage such as street sweeping,
storm sewer maintenance and reconstruction.
The stormwater drainage fee may be used to fund any
combination of the examples above . It is not well suited for
funding lateral extensions . It is as I said, another funding
mechanism for drainage improvements .
`* G
I believe it is less effective than it was expected to
be . It does solve the problem of tax exempt property not pay-
ing a "fair share" of maintenance which is funded ad valorem.
The discussion should give staff guidance in establishing
alternative funding for the Holmes Street Laterals and the
Upper Valley Drainage system.
Action Requested:
Discuss stormwater utility and formulate guidelines for
scope of staff study.
CITY OF ROSEVILLE
ORDINANCE NO.
AN ORDINANCE ADDING CHAPTER 74 TO THE CITY CODE OF THE
CITY OF ROSEVILLE ESTABLISHING A STORM WATER DRAINAGE UTILITY.
The City Council of the City of Roseville does hereby
ordain:
I.
The City Code of the City of Roseville is amended by adding
a new Chapter 74 , to read as follows :
74 . STORM WATER DRAINAGE UTILITY
74 .010 . ' Storm Water Drainage Utility Established. The
municipal storm sewer system shall be operated as a public
utility pursuant to Minn. Stat. Section 444 .075 from which
revenues will be derived subject to the provisions of this
Chapter and Minnesota statutes . The storm water drainage
utility will be part of the public works department and under
the administration of the
public works director.
74 .020 . Definitions .
(1) Residential equivalent factor, (REF) - One (1) REF
is detined as the ratio of the average volume of
runoff generated by one (1) acre of a given land
use to the average volume of runoff generated by
one (1) acre of typical single family residential
land, during a standard one (1) year rainfall event.
74 .030 . Storm Water Drainage Fees . Storm water drainage
fees for parcels of land s a e determined by multiplying
the REF for a parcel ' s land use by the parcel ' s acreage and
then multiplying the resulting product by the storm water
drainage rate. The REF values for various land uses are as
follows :
CLASSIFICATION LAND USES REF
1 Cemeteries , golf courses 0 . 25
2 Parks with parking facilities 0 . 75
3 Single family and duplex
residential 1.00
`- 4 Public and private schools,
community center 1. 25
5 Multiple family residential,
churches and governmental
buildings 2. 50
L
C6 Commercial, industrial,
warehouse 5.00
7 Improved vacant as assigned
For the purpose of calculating storm water drainage fees , all
developed one family and duplex parcels stall be considered to
have an acreage of one-third (1/3) acre.
rp,�� 7!l+ttL be 13.00 ?er GKG•Y�/ pet-
74 .040 . Credits ./ The Council may adopt policies recommended
by the public works director, by resolution, for adjustment of
the storm water drainage fee for parcels based upon hydrologic
data to be supplied by property owners, which data demonstrates
a hydrologic response substantially different from the standards .
Such adjustments of storm water drainage fees shall not be made
retroactively.
74. 050 . Exemptions . The following land uses are exempt from
storm water drainage fees .
(a) Public Rights of way.
(b) Vacant, unimproved land with ground cover.
74 .060 . Payment of Fee. Statements for storm water drainage
C fee shall be compute every three ( 3) months and invoiced by the
finance department for each account on or about the fifth (5th)
day of the month following the quarter. Such statement shall be
due on or before the last day of the month in which the statement
is mailed. Any prepayment or overpayment of charges shall be re-
tained by the City and applied against subsequent quarterly fees .
74 .070 . Recalculation of Fee. If a property owner or person
responsible for paying the storm water drainage fee questions
the correctness of an invoice for such charge, such person may
have the determination of the charge recomputed by written request
to the public works director made within twelve (12) months of
mailing of the invoice in question by the City.
74 .080 . Penalty for Late Payment. Each quarterly billing for
storm water drainage fees not paid when due shall incur a penalty
charge of ten percent (10%) of the amount past due.
74 .090 . Certification of Past Due Fees on Taxes . Any past
due storm water drainage fees in excess of ninety (90) days past
due on October 1 of any year may be certified to the County Auditor
for collection with real estate taxes in the following year pur-
suant to Minn. Stat. Section 444 .075, Subdivision 3 . In addition,
the City shall also have the right to bring a civil action or to
take other legal remedies to collect unpaid fees .
r
This Ordinance shall be in full force and effect from and after
its passage and publication.
PASSED by the City Council of the City of Roseville this
day of 1983.
ATTEST: Mayor
Manager
CITY POLICY
TITLE
Credits and/or adjustments of municipal storm water drainage fees .
BACKGROUND STATEMENT
The municipal storm water drainage utility utilizes a fee structure
based on the anticipated relative contribution of storm drainage
runoff volumes to the storm water drainage system. A parcels contri-
bution is determined by that parcels size and its land use, under the
principal that more intensively developed land uses typically have a
larger percentage of impervious surface and contribute a much treat-
er volume of water and/or sediment/nutrient loadings to the system.
It is recognized that some parcels, due either to their unique topo-
graphic, vegetative, geologic and other characteristics , or the exis-
tance and maintenance of onsite storm drainage control, detention, or
retention facilities have a hydrologic and sediment/nutrient loading
response substantially different from that of similarly sized parcels
of the same land use .
To provide for an equitable assessment of storm drainage fees , based
on reasonably expected contribution of flows and sediment/nutrients ,
provisions need to be made to permit adjustments or credits to the
storm drainage fees for those parcels with unique or unusual charac-
teristics .
POLICY STATEMENT
The basis of the City of Roseville 's storm water drainage fees is the
anticipated relative contribution of storm water volumes and sediment/
nutrient loadings to the storm drainage system from a given parcel .
Where unique or unusual conditions exist where the actual contribu-
tions of water volume and sediment/nutrient loadings from a given
parcel are substantially different form those anticipated by the storm
drainage fee structure, the public works director or his designate may
adjust or credit the storm drainage fee for said parcel to an appro-
priate level in accordance with the guidelines specified herein .
PROCEDURE STATEMENT
(1) Property Owner to Provide Detailed Information
It is the responsibility of the property owner or his agent to
present to the public works director or his designate, sufficient in-
formation concerning a parcels hydrologic characteristics to permit
an accurate assessment of the conditions that exist. This informa-
tion may include, but is not limited to:
A. Site plan showing locations of all buildings and other
development relative to lot lines .
B. The total lot area and area of impervious surfaces .
C. Site topography or contours of sufficient detail to ascer-
tain flow directions , rates and volumes .
D. Size, details and/or volumetric characteristics of any
drainage control facilities .
-2-
E. Hydraulic calculations specifying outflow volumes and
rates for various rainfall events .
l (2) Adjustments Where Parcel Runoff Is Significantly Different
From Land Use Standard
Where the unit runoff generated by a parcel differs from the
assigned amount for that land use catagory by more than 20%, the
P.W.D. may adjust the parcels storm water drainage fee in accor-
dance with the following procedure:
a. Calculation of unit runoff for the parcel shall be deter-
mined by the methods outlined in the Soil Conservation
Service Technical Release No. 55 , utilizing a 2" total
rainfall amount and antecedant moisture condition II .
b. If calculated unit runoff is shown to differ from the
assigned amount for that land use catacrory by 200 or
more, the number of assigned P.EU's for that parcel shall
be adjusted by multiplying by the ratio of the calculated
unit runoff to the standard unit runoff.
c. A parcels storm water drainage fee shall be subject to
increases as well as decreases by this procedure.
d. Because single family and duplex fees are not based upon
actual parcel acreage, no adjustments for unit runoff dif-
ferences will be made for those land uses .
(3) Procedure for Calcualtion of Credits for Wet Ponds
A parcel may be credited for up to fifty (50%) percent of the
storm water drainage fee for onsite measures which are owned and
maintained by the applicant which effectively reduce the outflow of
sediment/nutrients from the site. Credit percentage onall be based
on one-half of the actual percentage of sediment removal efficiency,
as determined by the following procedure, rounded to the nearest 50;
except that no credit will be given .for sediment removal efficiencies
of less than 20% .
A. Calculation of Credits for Wet Ponds
a. Determine total site acreage and percent of site that
has an improved or impervious surface.
b. Calculate the annual depth of runoff from the following
equation:
Dr = P ( . 75 Im+. 15) -5. 234 ( .25- . 1875 I-) . 597
[where Dr = annual depth of runoff in inches .
Im = percent of site impervious area, expressed as a decimal.
P = annual depth of 1rLcipitation = 29 inches .
C. Calculate annual volume of runoff in acre-feet:
Vannual = site acreage x Dr/ 12
d. Determine pond capacity below outlet elevation in acre-feet.
e . Calculate capacity inflow ratio (CIR) , where :
CIR = ponding capacity / Vannual
f. Read sediment removal efficiency from following graph:
MW
Boo
90
z
U e0
2
W_
U
70
W
W
60
.J
O so
W
a:
40
F
z
Wso
D
W20
10 CAPACITY INFLOW RATIO , acre-ft/xre-ft/yr
0
0.001 0.002 0.003 0.01 0.02 0.05 0.1 0.2 0.5 1.0 2.0 0.0 la
BRUNETS TRAP EFFICIENCY CURVE
g. Credit = % sediment reroval efficiency,/2 x storm drainacte fee.
(4) Credits for Storm Water Detention:
A parcel may be credited for up to 25% of the storm water drain-
age fee for onsite measures which limit storm water outflow rates
from the site in accordance with the following procedure :
a. 2.0% credit for ,parcels which ;.imit peak outflow rates during
a 5-year rainfall event to predevelopment rates .
b. Additional 1500- credit for parcels which limit peak outflow
rates during a 100-year rainfall event to predevelopment
rates .
(Based on the rational method of runoff analysis . Predevelop-
ment condition shall be considered to have a rational "C" value
of 0 .2 . Time of concentration shall be no shorter than 30 min. )
C. No detention credits will be given for parcels which do not
limit 5-year event outflow rates to predevelopment levels .
(5) Credits Shown in (3) and (4) Above May be Cumulative.
(6) Periodic Inspection and Credit Adjustments .
Public Works Director reserves the right to inspect periodically
all storm drainage control facilities to ascertain that they are operat-
ing properly. If such a system, due to improper maintenance or other
reason, fails to detain or cleanse storm water runoff in an effective
manner, the director may eliminate or reduce water quality or detention
credits to an appropriate level . Any such facility shall not be eli-
gible to apply for storm drainage fee adjustments for a period of 12
months following any credit adjustment. Credit adjustments shall not
be made retroactively .
The issuance of any building permit or other action which changes or in-
tensifies an existing land use shall be cause for an adjustment of storm
water drainage fees to an appropriate level .
AUTHORITY
Section No. 74 of the Roseville City Code.
EHLERS AND ASSOCIATES, INC.
FINANCIAL SPECIALISTS
FIRST NATIONAL-SOO LINE CONCOURSE 507 MARQUETTE AVE. MINNEAPOLIS. MINNESOTA 55402 339-8291 (AREA CODE 612)
September 1, 1983
To All Minnesota School Districts. Cities, Counties, and Other Taxing Jurisdictions:
IMPORTANT MESSAGE!!
The Legislature made maior changes to the homestead credits and income adjusted
property tax refund law which we have now incorporated into our computer programming.
If your community has any thought of a bond issue, a levy referendum, or any other
measure that may require a property tax increase, it is essential that you and your
constituents know the real economic impact. In most cases, it's a great deal less than
they or you would imagine.
For example. did you know that, if the total tax rate in your community (city, county,
school district, etc.) is 93 mills and a 9 mill tax increase is proposed, the net cost to an
owner of a $65,000 assessor's market value home (about 80% of real market) who makes
$25,000 family income is not $110 per year. but $30 after credits and refunds? For a
$15,000 per year taxpayer in a $50,000 assessor's market value home, the net tax is $8, not
$80.
Ehlers and Associates have the tax program in the computer and can give you same day,
property by property, income by income analysis so that you can fully inform your
taxpayers. This computer analysis is an exclusive. The results will differ dramatically
from the familiar way of figuring property taxes. The computer goes through about 25
mathematical steps to provide these accurate case studies. You really do need this study!
Sincerely,
EHLERS AND ASSOCIATES, INC.
f
TO: John K. Anderson, City Administ a or
FROM: H.R. Spurrier, City Engineer t
Y
RE: Shakopee Racetrack E. I .S.
DATE: February 10, 1984
Introduction:
Attached is a statement from Barton-Aschman for the above
caption project .
Background:
The City has held up previous payments because the
Letter of Credit had not been processed.
The Letter of Credit is on file and it is therefore
recommended that the payment of $25,886 . 13 be made to
Barton-Aschman Associates , Inc. for work on the Shakopee
Racetrack E. I . S.
Action Requested:
Authorize payment. of $25 ,886 . 13 to Barton-Aschman
Associates , Inc .
Barton-Asch'man Associates,Inc.
820 Davis Street
Evanston, Illinois 60204 —
312-491-1000 Invoice Number 29320
February 3, 1984
City of Shakopee
129 East First Avenue
Shakopee, Minnesota 55379
Attention: H. R. Spurrier, City Engineer
Progress billing for professional services rendered from January 1 ,
1984 through January 27 , 1984 in connection with Shakopee Racetrack
Environmental Impact Statement .
Staff Time $ 21 ,695 . 50
Expenses 4 ,190 . 63
AMOUNT DUE $ 25 ,886 . 13
a _f
Akf
i
t°
Yi
f�s
Barton-Aschman Associates, Inc.
820 Davis Street Evanston, Illinois 60204 312-491-1000
Febraury 3, 1984
BREAKDOWN OF STAFF TIME AND EXPENSES OF INVOICE NUMBER 29320
Staff Time
J. Mullan, Pr. Associate 26 . 0 hrs . @ 85 . 00 $ 2 , 210 . 00
D. Lutnegger, Sr. Associate 130 . 5 hrs . @ 60. 00 7 ,830 . 00
F. Robinson, Sr. Associate 94 . 0 hrs . @ 65 . 00 6 , 110 . 00
D. Warzala, Associate 35 . 0 hrs . @ 47 . 00 1 , 645 . 00
S . Ruegg, Associate 48 . 0 hrs . @ 47 . 00 2 , 256 . 00
R. Crandall , Technician 36 . 0 hrs . @ 30 . 00 1 , 080 . 00
J. Fabio , Support Staff 11 . 0 hrs . @ 32 . 00 352 . 00
A. Oslund, Support Staff 8 . 5 hrs . @ 25 . 00 212 . 50
Direct Labor $ 21 , 695 . 50
Expenses
Travel 160 . 68
Field Crew 234 . 00
Computer Charges . 80
Outside Reprographics 284 . 35
Postage $ Freight 10 . 80
Sub-Consultant-
Interpoll , Inc . 3 , 500 . 00
Total Expenses $ 4 , 190. 63
AMOUNT DUE $ 25, 886 . 13
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MEMO TO: John K. Anderson, City Administrator
FROM: Gregg Voxland, Finance Director
RE: Health Care Accounts
DATE: February 16, 1984
Introduction & Background
I have just been informed that the I.R.S. has ruled against salary reduction
plans that the City has been preparing to implement . Any payments made to
employees from the $45.00 per month employer contribution would also be taxable
as compensation. It is likely that someone will contest the IRS position, but no
one knows how long that process would take or whether it would be sucessful .
Alternatives
Alt. 1 . Status Quo - Keep current insurance plan and $195.00/mo. employer
contribution - no benefit to singles .
Alt. 2. Proceed as planned and see what develops before year--end and then
adjust W-2's to reflect I.R.S position.
Alt. 3 Implement internally only for employer contribution and wait to see
what develops by year end and then adjust W-2's .
Alt . 4. Status Quo - Keep same insurance plan but provide addition
compensation for singles.
Alt. 5. Change insurance plans and provide additional compensation to family
and singles ($45/mo. for singles and difference of $195.00 and
insurance premium for family 's if premium is less than $195.00) .
Recommendation
Discuss but take no action til next Council meeting to allow time for DCA
consultant to do some checking and to brief employees. This may affect union
settlements, P.W. may not have settled without the benefit to singles.
Also: The wage package was based on the 4% and $45/mo. but the singles have not
gotten the benefit of the $45 because the health plan change has not been
implemented. Does Council want to compensate the single for the loss of the
$45/mo. benefit until the change is in effect? The price of this for 2 1/2months
(1 January - 15 March) is about $1,800.00.
Action Requested
Table to next meeting.
GV:mmr
SCOTT COUNTY. MINNESOTA
REQUEST FOR BOARD ACTION agenda x
originating department:
requested board date: February 21, 1984
flexibility: None Board of Commissioners
ITEM: (Service/Subject) presenter:
Prior Lake/Spring Lake Watershed Chairman
District Manager Appointment estimated time:
5 minutes
BOARD ACTION REQUESTED:
Appoint Manager to Prior Lake/Spring Lake Watershed District
BACKGROUND:
Manager Clarence Anderson's term expires March 3, 1984.
Pursuant to Board direction, the appointment was postponed from
February 7, 1984 to await responses pending from Sand Creek Township
and the City of Shakopee.
The Board requested the item be on the February 20, 1984 Agenda.
FE7, 6
CITY OF SHAKOPEE
supporting documents: attached X none
signatureldate: distribution/date: Co. Attorney recommended for Consent Agenda:
File: PL/SL Watershed District
2-15-84
Admin/Clerks of all Jurisdictions res X no
Admi ' trat ''s comments: Co. Surveyor
signatureldate: 2-15-84
distributionlf g instructions: (BD. Action Certification)
approved as requested %
Board denied Sam as ove
Action tabled
other Ap o ee with Letter of Appointment
RBA No. �'�—� SC #2000 5183
SHAKOPEE PROPERTIES AND OWNERS
in
PRIOR LAKE/SPRING LAKE WATERSHED DISTRICT
Name/Address Parcel No.
�\ George J. Shutrop 27-915001-0
J 5765 Eagle Creek Blvd.
Shakopee, MN 55379
Flora Huber, etal 27-915002-1
6185 County Road 16
Shakopee, MN 55379
Metro Waste Control 27-915003-0
350 Metro Square Building 27-915004-0
St. Paul , MN 27-915005-0
27-922001-0
27-922004-0
Clarence R. Petsch 27-922002-0
19355 Xeon Avenue
Jordan, MN
Harold McKenna 27-922003-0
2451 McKenna Road
Shakopee, MN 55379
Wi11iam C. Whipps6' 27-922005-0
2292 McKenna Roada�"' t
Shakopee, MN 55379
l Albert E. Tessmer h/ V 27-923001-0
/
c/o Ben Tessmer
2790 154th Street Northwest
Prior Lake, MN
YMCA 27-923002-0
30 South 9th Street
Minneapolis, MN
Marie Muhlenhardt, etal 27-924001-0
Route 1
Shakopee, MN 55379
CD Michael R. Wiley 27-924002-0
8609 Lyndale Avenue South
Minneapolis, MN
Shakopee Properties and Owners -
Prior Lake/Spring Lake Watershed District
Name/Address Parcel No.
Wallace W. Undermann 27-924002-1
7979 Martindale Drive
Prior Lake, MN
Linda Muhlenhardt 27-924002-2
& Diane Ptacek
7802 Horizon Drive
Shakopee, MN 55379
CD Pact Investment Corporation 27-924003-0
49 Nord Circle
St. Paull , MN
Wayne Cronkite 27-924003-1
2560 Muhlenhardt Road 27-924003-2
Shakopee, MN 55379 27-924003-3
Eugene R. Boyer 27-924004-0
2350 Muhlenhardt Road
Shakopee, MN 55379
Michael F. Peters 27-924004-2
2360 Muhlenhardt Road
Shakopee, MN 55379