HomeMy WebLinkAbout2010-10-06 PACKET 04.F.REQUEST OF CITY COUNCIL ACTION COUNCIL AGENDA
MEETING ITEM #
DATE 10/6/2010
Administration
Ryan Schroeder
DEPARTMENT HEAD
ORIGINATING DEPARTMENT
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COUNCIL ACTION REQUEST
Consider adopting a resolution ratifying the EDA Norris Square Assessment Agreement.
STAFF RECOMMENDATION
Adopt the resolution ratifying the assessment agreement.
SUPPORTING DOCUMENTS
® MEMO /LETTER: Memo from Ryan Schroeder.
® RESOLUTION: Draft.
❑ ORDINANCE:
❑ ENGINEERING RECOMMENDATION:
❑ LEGAL RECOMMENDATION:
® OTHER: Agreement.
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COUNCIL ACTION TAKEN: APPROVED ❑ DENIED ❑ OTHER
Document2
City of
Cotta Grove
Minnesota
To: Honorable Mayor and City Council Members
From: Ryan R. Schroeder, City Administrator
Date: September 30, 2010
Subject: Ratification of EDA Norris Square Assessment Agreement
In January, 2010 the EDA effected a change in the minimum assessment agreement for Norris
Square /Marketplace to reduce the taxable market value on the commercial portion of the
development. The change dropped the value from $8,725,000 to $1,620,400 for the tax year
payable 2011. At the same time the value was increased on the residential parcel from
$13,900,000 to $14,127,300 and a minimum value was set on the former BP /Goodyear parcel
of $562,300. The intent of the changes was to react to the realities of the commercial market
allowing the developer additional time before full value was placed upon the commercial
parcel. It should be noted, however, that for the tax year 2010 the TIF district did receive the
benefit of a tax payment in the full value of $8,725,000 on the commercial parcel.
A further intent has been to develop a new proforma for the project area beyond the 2011 tax
year. That has not yet been accomplished.
The proposed action at this time is to request that the City Council ratify the action of the EDA.
There is no impact upon the tax receivables by any taxing jurisdiction of this change but for
that of the EDA. Further, the manner within which the development agreement is structured
assures that the EDA does not incur any additional burden as a result of this change. The
reimbursements to the developer are not a liability of the EDA if the project is in default.
Further, payments cannot exceed revenues. It should be noted, however, that a future
discussion including future development incentives should be expected.
Council Action: By motion authorize adoption of Resolution 10 -xx ratifying the amendments to
the Minimum assessment agreements for PHM /PHS
Subject: Norris Square /Marketplace Development/MAG
The EDA has been on notice of the need to provide for amendment to the existing
redevelopment agreement and minimum assessment agreement (MAG) regarding the Norris
Square and Marketplace developments. This "need" results due to the current status of the
development agreement as being in default due to the lack of build out of the commercial
Portion of the project. Staff continues to work toward proposed amendments but we are not
yet prepared to provide a recommended document at this time. However, we would propose
that the Board consider amending the MAG as it relates to taxable market values for pay 2011.
Currently, the minimum market value by agreement for the commercial portion of the
development agreement is $8,725,000 ( with the residential portion at
$13,900,000 for a total of $22,625,000 (18.027.21.12.0094). Additionally, the former BP
Amoco and Goodyear parcels have been combined with a taxable value for pay 2011 of
$562,300 (18.027.21.11.0050).
Absent the MAG the County has informed us that the pay 2011 value for the residential parcel
(Norris Square) would be $14,127,300 while the commercial parcel would be $1,620,400. The
BP /Goodyear parcel is as noted above as it has been outside of the MAG. Given that these
are County determined market values we are proposing the EDA adopt an interim amendment
to the MAG with each of these values (including the former BP /Amoco) as the minimum values
for pay 2011. The effect of such an action, if adopted and agreed to by the parties is:
1. Allows time to continue to negotiate with PHM /PHS absent the urgency to address
taxable values for pay 2011
2. PHM /PHS would not have the opportunity to file a tax appeal of these values below
those set by the MAG
3. The TIF district (and state, and fiscal disparities pool) would experience a loss of
revenue from what it originally contemplated receiving through the loss of
$6,877,300 in taxable market value that currently is in agreement for pay 2011.
Correspondingly, t HM /PHS would avoid responsibility for tax liability on that higher
value. The reduction in gross tax increment for the year from original projections
would be at about $135,000 a significant portion of which would be returned to PHM
as development assistance within the existing development agreement. Our intent,
in our ongoing negotiations, is to recognize any actual loss to the EDA in some
fashion, perhaps in the out years of the development or through a reduction in the
ED Trust Fund participation in the loan guarantee that currently exists in the
Development agreement.
www. finance- commerce. coal /print. ctiii !recall =i 4J42, i <,i e,oi cvw
/ / If the EDA is inclined to allow for a reduction in taxable market value that change needs to
occur in time for the County to make the appropriate adjustment. It is likely that a decision at
the January meeting is necessary for that to occur.
Recommended Board Action: Amend the PHM /PHS minimum assessment agreement include
minimum market values for taxes payable 2011 as follows:
1. 18.027.21.12.0094 : $14,127,300
2. 18.027.21.11.0049 : $ 1,620,400
3. 18.027.21.11.0050 : $ 562,300
Economic Development Authority - Minutes
January 12, 2010
Page 2
A motion was made by EDA Vice President Olsen to make no changes to the officer positions
from 2009 to 2010 except to add Finance Director Robin Roland as the Assistant Treasurer.
Seconded by EDA Secretary/Treasurer Poncin, all present in favor.
Finance Director Roland introduced and gave a brief background on herself to the EDA
members.
DEVELOPMENT UPDATE / BR &E UPDATE / BUSINESS LEADS
EDA Executive Director Schroeder gave the EDA a development update. 66 new home building
permits were issued in 2009. Total permit value was over $42 million. Staff has been in contact
with the Park Grove Library, which is on the docket for a future relocation in 2016 or 2017. The
library would most likely increase from 19,000 square feet to approximately 25,000- 30,000
square feet. The location of the Library has not yet been identified. Staff has also touched
based with US Bank to determine if any plans have been made for facility improvements, and at
this time there are no future plans for improvements. EDA Executive Director Schroeder also
shared the business leads that have occurred over the past month. EDA President Bailey
asked that staff look back at the list of 2009 leads and determine which should be followed -up
with again. The Home Depot site will have its auction this month. EDA Vice President Olsen
asked staff if the City has ever purchased property like this before. EDA Executive Director
Schroeder indicated that the City did something similar when Kohl's came into town, but in that
instance the City had the end -user on hand and in the Home Depot situation the City does not
have an end -user. EDA Secretary/Treasurer Poncin asked how many residential lots are
currently available and Community Development Director Blin indicated that there are 120 lots
(2 year supply).
NORRIS SQUARE /MARKETPLACE DEVELOPMENT /MAG
The current development agreement between the City and PHM /PHS for the Norris Square
Marketplace (6.5 acres) has been in default due to the lack of build out of the commercial
portion of the project. Staff proposes that the EDA amend the current MAG as it relates to
taxable market values for pay 2011. A motion was made by EDA Secretary/Treasurer Poncin to
amend PHM /PHS minimum assessment agreement to (18.027.21.12.0094): $14,127,300,
(18.027.21.11.0049): $1,62'0,400, and (18.027.21.11.0050): $562,300. Seconded by EDA
President Bailey, all present in favor.
Community Development Director Blin presented a draft RFP for the Cottage View and Langdon
Village sites. The RFP does not offer incentives although there is the potential of $34 million in
road improvements. Once the RFP has been sent out, groups will have 6 to 8 weeks to
complete and return the RFP to City staff. EDA President Bailey asked that both local and
national groups be contacted when the RFP is published. EDA Member Jurgens asked that
staff look into adding something to the RFP requirements regarding the historical uniqueness of
City of Cottage Grove
Resolution No.
A Resolution Approving Modified Assessment Agreements
WHEREAS, the Cottage Grove Economic Development Authority (the "Authority") and
PHS /Cottage Grove, Inc. ( "PHS /CG, Inc. ") previously entered into an Amended and Restated
Contract for Private Development dated December 14, 2006, filed December 21, 2006 as
document no. 1173364 in the Office of the Registrar of Titles, Washington County, Minnesota
(the "2006 Development Agreement "), pursuant to which PHS /CG, Inc. agreed to construct a
residential development (the "Minimum Improvements- Residential ") and a commercial facility
(the "Minimum Improvements - Commercial ") on the two lots legally described in Exhibit A
attached hereto (the "Property"); and
WHEREAS, pursuant to the 2006 Development Agreement, the Authority and PHS /CG,
Inc. agreed to establish minimum market values for the land and improvements to be constructed
on each lot by executing the Assessment Agreement (Residential) and the Assessment
Agreement (Commercial), both dated December 14, 2006 (the "2006 Assessment Agreements ");
and
WHEREAS, PHS /CG, Inc. has conveyed all of its interest in the Property to PHS /CG
Center, LLC (the "Developer ") as contemplated under the 2006 Development Agreement; and
WHEREAS, the Developer has requested and the Authority has agreed to amend the
2006 Assessment Agreements to reflect the revised values of the Property; and
WHEREAS, at its meeting on January 12, 2010, the Authority authorized the execution
of the Amended Assessment Agreement (Residential) and Amended Assessment Agreement
(Commercial) (the "Amended Assessment Agreements "), which documents the parties intend to
execute and place of record with Washington County; and
WHEREAS, state law requires that the Amended Assessment Agreements be approved
by the governing body of the municipality prior to becoming effective.
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Cottage
Grove as follows:
1. Pursuant to Minnesota Statutes, section 469.177, subd. 8, the Amended
Assessment Agreements by and between the Authority and the Developer are
hereby approved.
375737 RHB CT165 -21 1
2. A copy of this resolution shall be filed of record with the Amended Assessment
Agreements.
3. City staff and consultants are authorized and directed to take any and all actions
necessary or convenient to record the Amended Assessment Agreements and to
carry out the intent of this resolution.
Dated: . 2010.
ATTEST:
Caron Stransky, City Clerk
Myron Bailey, Mayor
375737 RHB CT165 -21 2
t ._ . : .
Legal Descriptions of Lots
The Property on which the Minimum Improvements- Residential are located is Lot 1, Block One,
PHS /Cottage Grove, Inc., according to the recorded plat thereof, Washington County,
Minnesota.
The Property on which the Minimum Improvements - Commercial are Located is Lot 2, Block
One, PHS /Cottage Grove, Inc., according to the recorded plat thereof, Washington County,
Minnesota.
375737 RHB C1 165-21 A -1
AMENDED ASSESSMENT AGREEMENT
(Commercial)
and
ASSESSOR'S CERTIFICATION
by and among
THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY
and
PHSICG CENTER, LLC
and
ASSESSOR FOR WASHINGTON COUNTY, MINNESOTA
This document drafted by:
Kennedy & Graven, Chartered (RHB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612 - 337 -9300
175713 RHB CT165 -21
THE AMENDED ASSESSMENT AGREEMENT dated as of this day of
, 2010, by and between the Cottage Grove Economic Development Authority, a
public body corporate and politic under the laws of Minnesota (the "Authority ") and PHS /CG
Center, LLC, a Minnesota limited liability company (the "Developer ").
WITNESSETH:
WHEREAS, the Authority and PHS /Cottage Grove, Inc. ( "PHS /CG, Inc. "), the
predecessor in interest of the Developer, previously entered into that certain Assessment
Agreement and Assessor's Certification dated November 23, 2004, filed March 22, 2005 as
document no. 1155497 in the Office of the Registrar of Titles, Washington County, Minnesota
(the "2004 Assessment Agreement "); and
WHEREAS, the Authority and PHS /CG, Inc. previously entered into an Amended and
Restated Contract for Private Development dated December 14, 2006, filed December 21, 2006
as document no. 1173364 in the Office of the Registrar of Titles, Washington County, Minnesota
(the "2006 Development Agreement") pursuant to which PHS /CG, Inc. agreed to construct a
commercial facility (the "Minimum Improvements - Commercial ") on the land legally described
in Exhibit A attached hereto (the "Property "); and
WHEREAS, pursuant to the 2006 Development Agreement, the Authority and PHS /CG,
Inc. terminated the 2004 Assessment Agreement and established a minimum market value for the
Property and the Minimum Improvements - Commercial to be constructed thereon under the 2006
Development Agreement by execution of the Assessment Agreement (Commercial) dated
December 12, 2006 (the "2006 Assessment Agreement"); and
WHEREAS, PHS /CG, Inc. has conveyed all of its interest in the Property to the
Developer, as contemplated under the Development Agreement; and
WHEREAS, the Authority and the Developer have agreed to adopt this Amended
Assessment Agreement in order to modify the minimum market value of the Property as of
January 2, 2010 for taxes payable in 2011; and
WHEREAS, the Assessor for Washington County, Minnesota has reviewed the value
proposed for the Property for taxes payable in 2011.
NOW, THEREFORE, the parties to this Amended Assessment Agreement, in
consideration of the promises, covenants and agreement made herein by each and to the other, do
hereby agree as follows:
The Minimum Market Value of the Property shall be $1,620,400 as of January 2,
2010 for taxes payable in 2011.
375713 RHB CT165 -21 1
2. Except as explicitly modified by this Amended Assessment Agreement, all terms
and conditions of the 2006 Assessment Agreement, including the Minimum
Market Value of the Property for taxes payable after 2011, shall remain in full
force and effect.
STATE OF MINNESOTA )
) SS
COUNTY OF )
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
The foregoing instrument as acknowledged before me this of 2010,
by and , president and executive
director, respectively, of the Cottage Grove Economic Development Authority, a public body
corporate and politic under the laws of Minnesota, on behalf of the Economic Development
Authority.
Notary Public
375713 RHB C "F165 -21 2
PHS /CG CENTER, LLC
STATE OF MINNESOTA )
) SS
COUNTY OF )
Its
The foregoing instrument was executed this of , 2010, by
, the Chief Financial Manager of PHS /CG Center, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
375713 RHB CP165 21 3
CERTIFICATION BY ASSESSOR
The undersigned, having reviewed the minimum market value proposed for the Property
and being of the opinion of minimum market value contained in the foregoing Amended
Assessment Agreement is reasonable, hereby certifies as follows: The undersigned Assessor,
being legally responsible for the assessment of the described property as Washington County
Assessor, hereby certifies that the market value assigned to the Property on January 2, 2010 for
taxes payable in 2011 shall be not less than $1,620,400 and that the market values assigned to the
Property as of January 2, 2011 for taxes payable beginning in 2012 through the Termination Date
shall be $8,725,000 as stated in the 2006 Assessment Agreement.
STATE OF MINNESOTA )
) SS
COUNTY OF WASHINGTON )
Assessor for Washington County, Minnesota
The foregoing instrument was acknowledged before me this of 2010,
by Bruce Munneke, the Assessor for Washington County, Minnesota.
Notary Public
375713 RHB CT165 -21 4
EXHIBIT A TO
ASSESSMENT AGREEMENT
LEGAL DESCRIPTION
Minimum Improvements - Commercial
Lot 2, Block One, PHS /Cottage Grove, Inc., according to the recorded plat thereof,
Washington County, Minnesota.
375713 RHB CT165 -21 A -1
EXHIBIT B TO
ASSESSMENT AGREEMENT
Section 469.177, subd. 8. Assessment Agreements. An authority may enter into
a written assessment agreement with any person establishing a minimum market value of land,
existing improvements, or improvements to be constructed in a district, if the property is owned
or will be owned by the person. The minimum market value established by an assessment
agreement may be fixed, or increase or decrease in later years from the initial minimum market
value. If an agreement is fully executed before July 1 of an assessment year, the market value as
provided under the agreement must be used by the county or local assessor as the taxable market
value of the property for that assessment. Agreements executed on or after July 1 of an
assessment year become effective for assessment purposes in the following assessment year. An
assessment agreement terminates on the earliest of the date on which conditions in the
assessment agreement for termination are satisfied, the termination date specified in the
agreement, or the date when tax increment is no longer paid to the authority under section
469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or
city assessor having the powers of the county assessor, of the jurisdiction in which the tax
increment financing district and the property that is the subject of the agreement is located. The
assessor shall review the plans and specifications for the improvements to be constructed, review
the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the assessment of the above
described property, certifies that the market values assigned to the land and improvements are
reasonable.
The assessment agreement shall be filed for record and recorded in the office of the
county recorder or the registrar of titles of each county where the real estate or any part thereof is
situated. After the agreement becomes effective for assessment purposes, the assessor shall
value the property under section 273.11, except that the market value assigned shall not be less
than the minimum market value established by the assessment agreement. The assessor may
assign a market value to the property in excess of the minimum market value established by the
assessment agreement. The owner of the property may seek, through the exercise of
administrative and legal remedies, a reduction in market value for property tax purposes, but no
city assessor, county assessor, county auditor, board of review, board of equalization,
commissioner of revenue, or court of this state shall grant a reduction of the market value below
the minimum market value established by the assessment agreement during the term of the
agreement filed of record regardless of actual market values which may result from incomplete
construction of improvements, destruction, or diminution by any cause, insured or uninsured,
except in the case of acquisition or reacquisition of the property by a public .entity. Recording an
assessment agreement constitutes notice of the agreement to anyone who acquires any interest in
the land or improvements that is subject to the assessment agreement, and the agreement is
binding upon them.
375713 RHB CT165 -21 B -1
ASSESSMENT AGREEMENT
and
ASSESSOR'S CERTIFICATION
By and among
THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY
and
PHS /CG Center, LLC
and
ASSESSOR FOR WASHINGTON COUNTY, MINNESOTA
This Document was drafted by:
KENNEDY & GRAVEN, Chartered
470 US Bank Plaza
200 South Sixth Street
Minneapolis, Minnesota 55402
(612) 337 -9300
375714 RHB CT165 -21
THIS ASSESSMENT AGREEMENT, dated as of this day of 2010, by
and between the Cottage Grove Economic Development Authority, a public body corporate and
politic under the laws of Minnesota (the "Authority") and PHS /CG Center, LLC, a Minnesota
limited liability company (the "Developer ").
WITNESSETH:
WHEREAS, on December 14, 2006, the Authority and PHS /Cottage Grove, Inc.
( "PHS /CG, Inc. "), the predecessor in interest of the Developer, entered into an Amended and
Restated Contract for Private Development (the "Development Agreement ") pursuant to which
the Developer agreed to construct certain improvements (the "Minimum Improvements ") on the
land legally described in Exhibit A attached hereto (the "Property "); and
WHEREAS, PHS /CG, Inc. has conveyed all of its interest in the Property to the
Developer, as contemplated under the Development Agreement; and
WHEREAS, the Authority and Developer desire to establish a minimum market value for
the Property and the Minimum Improvements to be constructed thereon, pursuant to Minnesota
Statutes section 469.177, Subd. 8; and
WHEREAS, the Authority and the Assessor for Washington County, Minnesota have
reviewed the plans and specifications for the Minimum Improvements which the Developer has
agreed to construct or cause to be constructed on the Property pursuant to the Development
Agreement.
NOW, THEREFORE, the parties to this Assessment Agreement, in consideration of the
promises, covenants and agreements made herein and in the Development Agreement by each to
the other, do hereby agree as follows:
1. The Minimum Market Value for the Property and the Minimum Improvements
shall be $562,300 as of January 2, 2010 for taxes payable in 2011,
notwithstanding any failure to complete construction of such Minimum
Improvements by that date.
2. The Minimum Market Value herein established shall be of no further force and
effect for taxes payable after 2011 and this Assessment Agreement shall terminate
on December 31, 2010.
3. This Assessment Agreement shall be promptly recorded by the Developer with a
copy of Minnesota Statutes section 469.177, Subd. 8, set forth in Exhibit B
hereto. The Developer shall pay all costs of recording this Assessment
Agreement.
4. Neither the preambles nor the provisions of this Assessment Agreement are
intended to, nor shall they be construed as, modifying the terms of the
Development Agreement. Unless the context indicates clearly to the contrary, the
375714 RHB Cr165 -21
terms used in this Assessment Agreement shall have the same meaning as the
terms used in the Development Agreement.
5. This Assessment Agreement shall inure to the benefit of and be binding upon the
successors and assigns of the parties.
6. Each of the parties warrants and represents that it has authority to enter into this
Assessment Agreement and to take all actions required of it and has taken all
actions necessary to authorize the execution and delivery of this Assessment
Agreement.
7. In the event that any provision of this Assessment Agreement is held invalid or
unenforceable by any court of competent jurisdiction, such holding shall not
invalidate or render unenforceable any other provision hereof.
8. The parties hereto agree that they will, from time to time, execute, acknowledge
and deliver, or cause to be executed, acknowledged and delivered, such
supplements, amendments and modifications hereto, and such further instruments
as may reasonably be required for correcting any inadequate, or incorrect, or
amended description of the Property, or for carrying out the expressed intention of
this Assessment Agreement.
9. Except as provided in Section 8 hereof, this Assessment Agreement may not be
amended nor any of its terns modified except by a writing authorized and
executed by all parties hereto.
10. This Assessment Agreement may be simultaneously executed in several
counterparts, each of which shall be an original and all of which shall constitute
one and the same instrument.
11. This Assessment Agreement shall be governed by and construed in accordance
with the laws of Minnesota.
375714 RHB CT165 -21
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS
COUNTY OF WASHE TGTON )
The foregoing instrument as acknowledged before me this day of , 2010,
by and , president and
executive director, respectively, of the Cottage Grove Economic Development Authority, a
public body corporate and politic under the laws of Minnesota, on behalf of the Economic
Development Authority.
Notary Public
375714 RHB 0765 -2 L
PHS /CG CENTER, LLC
STATE OF MINNESOTA )
ss
COUNTY OF
By
The foregoing instrument was executed this day of 2010, by
, the Chief Financial Officer of PHS /CG Center, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
375714 RHB CT165 -21
CERTIFICATION BY ASSESSOR
The undersigned, having reviewed the plans and specifications for the improvements to
be constructed and the market value assigned to the land upon which the improvements are to be
constructed, and being of the opinion that the minimum market value contained in the foregoing
Assessment Agreement appears reasonable, hereby certifies as follows: The undersigned
Assessor, being legally responsible for the assessment of the described property as Washington
County Assessor, hereby certifies that the market value assigned to such land and improvements
on January 2, 2010, for taxes payable in 2011, shall be not less than $562,300 until termination
of this Agreement.
Assessor for Washington County, Minnesota
STATE OF MINNESOTA )
) ss
COUNTY OF WASHINGTON )
The foregoing instrument was acknowledged before me this day of
2010 by Bruce Munneke, the Assessor for Washington County, Minnesota.
Notary Public
375714 Ron CT165 -21
EXHIBIT A
LEGAL DESCRIPTION
PIN #18.027.21.11.0050
[to be completed]
375714 RHB CT165 -21 A -I
EXHIBIT B TO
ASSESSMENT AGREEMENT
Section 469.177, subd. 8. Assessment Agreements. An authority may enter into a
written assessment agreement with any person establishing a minimum market value of land,
existing improvements, or improvements to be constructed in a district, if the property is owned
or will be owned by the person. The minimum market value established by an assessment
agreement may be fixed, or increase or decrease in later years from the initial minimum market
value. If an agreement is fully executed before July 1 of an assessment year, the market value as
provided under the agreement must be used by the county or local assessor as the taxable market
value of the property for that assessment. Agreements executed on or after July 1 of an
assessment year become effective for assessment purposes in the following assessment year. An
assessment agreement terminates on the earliest of the date on which conditions in the
assessment agreement for termination are satisfied, the termination date specified in the
agreement, or the date when tax increment is no longer paid to the authority under section
469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or
city assessor having the powers of the county assessor, of the jurisdiction in which the tax
increment financing district and the property that is the subject of the agreement is located. The
assessor shall review the plans and specifications for the improvements to be constructed, review
the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the assessment of the
above described property, certifies that the market values assigned to the land and
improvements are reasonable.
The assessment agreement shall be filed for record and recorded in the office of the
county recorder or the registrar of titles of each county where the real estate or any part thereof is
situated. After the agreement becomes effective for assessment purposes, the assessor shall
value the property under section 273.11, except that the market value assigned shall not be less
than the minimum market value established by the assessment agreement. The assessor may
assign a market value to the property in excess of the minimum market value established by the
assessment agreement. The owner of the property may seek, through the exercise of
administrative and legal remedies, a reduction in market value for property tax purposes, but no
city assessor, county assessor, county auditor, board of review, board of equalization,
commissioner of revenue, or court of this state shall grant a reduction of the market value below
the minimum market value established by the assessment agreement during the term of the
agreement filed of record regardless of actual market values which may result from incomplete
construction of improvements, destruction, or diminution by any cause, insured or uninsured,
except in the case of acquisition or reacquisition of the property by a public entity. Recording an
assessment agreement constitutes notice of the agreement to anyone who acquires any interest in
the land or improvements that is subject to the assessment agreement, and the agreement is
binding upon them.
375714 RHB CT165 -21 B -I
AMENDED ASSESSMENT AGREEMENT
(Residential)
and
ASSESSOR'S CERTIFICATION
by and among
THE COTTAGE GROVE ECONOMIC DEVELOPMENT AUTHORITY
and
PHS /CG CENTER, LLC
and
ASSESSOR FOR WASHINGTON COUNTY, MINNESOTA
This document drafted by:
Kennedy & Graven, Chartered (RHB)
470 U.S. Bank Plaza
200 South Sixth Street
Minneapolis, MN 55402
612 - 337 -9300
375733 RHB CT165 -21
THE AMENDED ASSESSMENT AGREEMENT dated as of this day of
, 2010, by and between the Cottage Grove Economic Development Authority, a
public body corporate and politic under the Laws of Minnesota (the "Authority") and PHS /CG
Center, LLC, a Minnesota limited liability company (the "Developer ").
WITNESSETH:
WHEREAS, the Authority and PHS /Cottage Grove, Inc. ( "PHS /CG, Inc. "), the
predecessor in interest of the Developer, previously entered into that certain Assessment
Agreement and Assessor's Certification dated November 23, 2004, filed March 22, 2005 as
document no. 1155497 in the Office of the Registrar of Titles, Washington County, Minnesota
(the "2004 Assessment Agreement "); and
WHEREAS, the Authority and PHS /CG, Inc. previously entered into an Amended and
Restated Contract for Private Development dated December 14, 2006, filed December 21, 2006
as document no. 1173364 in the Office of the Registrar of Titles, Washington County, Minnesota
(the "2006 Development Agreement") pursuant to which PHS /CG, Inc. agreed to construct a
residential development (the "Minimum Improvements - Residential ") on the land legally
described in Exhibit A attached hereto (the "Property"); and
WHEREAS, pursuant to the 2006 Development Agreement, the Authority and PHS /CG,
Inc. terminated the 2004 Assessment Agreement and established a minimum market value for the
Property and the Minimum Improvements- Residential to be constructed thereon under the 2006
Development Agreement by execution of the Assessment Agreement (Residential) dated
December 12, 2006 (the "2006 Assessment Agreement "); and
WHEREAS, PHS /CG, Inc. has conveyed all of its interest in the Property to the
Developer, as contemplated under the Development Agreement; and
WHEREAS, the Authority and the Developer have agreed to adopt this Amended
Assessment Agreement in order to modify the minimum market value of the Property and the
Minimum Improvements - Residential constructed thereon as of January 2, 2010 for taxes payable
beginning in 2011; and
WHEREAS, the Assessor for Washington County, Minnesota has reviewed the value
proposed for the Property and the Minimum Improvements - Residential for taxes payable
beginning in 2011.
NOW, THEREFORE, the parties to this Amended Assessment Agreement, in
consideration of the promises, covenants and agreement made herein by each and to the other, do
hereby agree as follows:
375733 Ron CT165 21 I
The Minimum Market Value of the Property and the Minimum Improvements -
Residential shall be $14,127,300 as of January 2, 2010 for taxes payable
beginning in 2011.
2. Except as explicitly modified by this Amended Assessment Agreement, all terms
and conditions of the 2006 Assessment Agreement shall remain in full force and
effect.
COTTAGE GROVE ECONOMIC
DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
STATE OF MINNESOTA )
) SS
COUNTY OR )
The foregoing instrument as acknowledged before me this of 1 2010,
by and , president and executive
director, respectively, of the Cottage Grove Economic Development Authority, a public body
corporate and politic under the laws of Minnesota, on behalf of the Economic Development
Authority.
Notary Public
375733 RHB Cr165 -21 2
PHS /CG CENTER, LLC
STATE OF MINNESOTA )
) SS
COUNTY OF )
Its
The foregoing instrument was executed this of , 2010, by
the Chief Financial Manager of PHS /CO Center, LLC, a
Minnesota limited liability company, on behalf of the company.
Notary Public
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CERTIFICATION BY ASSESSOR
The undersigned, having reviewed the minimum market value proposed for the Property
and the improvements constructed thereon and being of the opinion of minimum market value
contained in the foregoing Amended Assessment Agreement is reasonable, hereby certifies as
follows: The undersigned Assessor, being legally responsible for the assessment of the described
property as Washington County Assessor, hereby certifies that the market value assigned to the
Property and Minimum Improvements- Residential on January 2, 2010 for taxes payable
beginning in 2011 through the Termination Date shall be not less than $14,127,300.
STATE OF MINNESOTA )
) SS
COUNTY OF WASHINGTON )
Assessor for Washington County, Minnesota
The foregoing instrument was acknowledged before me this _ of 2010,
by Bruce Munneke, the Assessor for Washington County, Minnesota.
Notary Public
375733 Ron CT165 -21 4
EXHIBIT A TO
ASSESSMENT AGREEMENT
LEGAL DESCRIPTION
Minimum Improvements - Residential
Lot 1, Block One, PHS /Cottage Grove, Inc., according to the recorded plat thereof,
Washington County, Minnesota.
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EXHIBIT B TO
ASSESSMENT AGREEMENT
Section 469.177, subd. 8. Assessment Agreements. An authority may enter into
a written assessment agreement with any person establishing a minimum market value of land,
existing improvements, or improvements to be constructed in a district, if the property is owned
or will be owned by the person. The minimum market value established by an assessment
agreement may be fixed, or increase or decrease in later years from the initial minimum market
value. If an agreement is fully executed before July 1 of an assessment year, the market value as
provided under the agreement must be used by the county or local assessor as the taxable market
value of the property for that assessment. Agreements executed on or after July 1 of an
assessment year become effective for assessment purposes in the following assessment year. An
assessment agreement terminates on the earliest of the date on which conditions in the
assessment agreement for termination are satisfied, the termination date specified in the
agreement, or the date when tax increment is no longer paid to the authority under section
469.176, subdivision 1. The assessment agreement shall be presented to the county assessor, or
city assessor having the powers of the county assessor, of the jurisdiction in which the tax
increment financing district and the property that is the subject of the agreement is located. The
assessor shall review the plans and specifications for the improvements to be constructed, review
the market value previously assigned to the land upon which the improvements are to be
constructed and, so long as the minimum market value contained in the assessment agreement
appears, in the judgment of the assessor, to be a reasonable estimate, shall execute the following
certification upon the agreement:
The undersigned assessor, being legally responsible for the assessment of the above
described property, certifies that the market values assigned to the land and improvements are
reasonable.
The assessment agreement shall be filed for record and recorded in the office of the
county recorder or the registrar of titles of each county where the real estate or any part thereof is
situated. After the agreement becomes effective for assessment purposes, the assessor shall
value the property under section 273.11, except that the market value assigned shall not be less
than the minimum market value established by the assessment agreement. The assessor may
assign a market value to the property in excess of the minimum market value established by the
assessment agreement. The owner of the property may seek, through the exercise of
administrative and legal_ remedies, a reduction in market value for property tax purposes, but no
city assessor, county assessor, county auditor, board of review, board of equalization,
commissioner of revenue, or court of this state shall grant a reduction of the market value below
the minimum market value established by the assessment agreement during the term of the
agreement filed of record regardless of actual market values which may result from incomplete
construction of improvements, destruction, or diminution by any cause, insured or uninsured,
except in the case of acquisition or reacquisition of the property by a public entity. Recording an
assessment agreement constitutes notice of the agreement to anyone who acquires any interest in
the land or improvements that is subject to the assessment agreement, and the agreement is
binding upon them.
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