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Imp. Proj. #5230 4401 Xylon Avenue North City Hall: 612 - 531 -5100 City Hall Fax: 612 -531 -5136 New Hope, Minnesota 55426 -4898 Police: 612 - 531 -5170 Police Fax. 612 - 531 -5174 Public Works: 612- 533 -4823 Public Works Fax: 612- 533 -7650 TDD: 612 -531 -5109 Fire Dept, Fax: 612 - 531 -5175 May 5, 1997 Mr. Dan McGraw Gill Brothers Funeral Chapels, Inc. 5801 Lyndale Avenue South Minneapolis, MN 55419 Subject: TIF Reimbursement and Letter of Credit Dear Dan: This letter is in follow up to our conversation last week when you called to ask what you need to do to start the Tax Increment Financing reimbursement process with the City for your development. Per Article 6 of the attached Redevelopment Agreement (page 11), upon completion of the project you are to deliver a certificate to the EDA (City) certifying that the costs for the items described in Schedule D (also attached) have been paid by the developer and the aggregate amount of such costs. This "Certificate of Completion" is further described under Section 4.3 of the agreement on page 8. It states that the developer will provide the EDA with a certificate of substantial completion from the developer's architect and the certificate from the developer. Therefore, I would recommend that you submit the following to the City: 1. Certificate of substantial completion from the developer's architect, and 2. Certificate from Gill Brothers certifying that the costs for the items described in Schedule D have been paid by you and the aggregate amount of such costs. If you have questions about the format of these certificates, please contact Steve Sondrali at 425 -5671. Once you have submitted these items to the City, the City will furnish you with a Certificate of Completion (Exhibit A), which will then allow the payment process to begin. Per Article 6, on each August and February 1S following the issuance of the Certificate of Completion by the EDA, the EDA will pay to the developer all tax increment received by the EDA during the preceding six (6) month period. These payments will continue until the $150,000 has been paid if the tax increment generated from the property is sufficient to pay the reimbursement amount. I am not aware if any increment will be generated or payable to you on August 1 for the preceding six months. For specifics on this, please contact Larry Watts, Director of Finance, at 531 -5131. Also, please note that on or before March 31 of each year that you are to report to the EDA the number of new jobs in the City provided by the project and the wages for such jobs in the preceding calendar year. Because you opened around the first of April, I suppose that technically this information would not be due until March 31, 1998. However, I think it would be helpful if you could send that information along with your certificates so we could put that information in the file. Family Styled City For Family Living Mr. Dan McGraw Page 2 May 5, 1997 Lastly, I note that your Letter of Credit is due to expire and that you have received a letter from the City Attorney requesting a renewal or instructing you to contact the City Engineer for a reduction or release of the Letter of Credit. Per the attached "Plat Bond Review" form from Doug Sandstad, Building Official, Doug is recommending that the bond be reduced from the current $94,500.00 to $750.00. Doug is recommending that this amount be held until all plantings are completed. If you feel you can get the plantings completed in May, then the City could take action to release the total amount of the letter instead of just reducing it. Please contact Doug (531-5122) regarding completing the plantings and notify Doug or me when everything is complete. The Council can then take action to release your total security in June. I hope this answers your questions. Please call me at 531-5119 if I can be of further assistance. Sincerely, Kirk McDonald Management Assistant/ Community Development Coordinator Enclosures: Redevelopment Agreement Plat Bond Review 4/29 City Attorney Correspondence cc: Dan Donahue, City Manager Larry Wafts, Director of Finance Steve Sondrall, City Attorney Mark Hanson, City Engineer Doug Sandstad, Building Official Valerie Leone, City Clerk (improvement Project No. 523) Planning Case File No. 95-18 REDEVELOPMENT AGREEMENT REDEVELOPMENT PROJECT NO. 85 -2 (42ND AVENUE /CITY CENTER AREA) ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA AND GILL BROTHERS FUNERAL CHAPELS, INC. October 9, 1995 TABLE OF CONTENTS Section 1.1 Definitions ............. ............................... Section2.1 ByEDA ................. ............................... Section 2.2 By Redeveloper ......... ............................... Section 3.l Use ................................................... Section 3.2 Dec I arat i on of Restrictions ............................ Section 4.1 Const ruct i on P I ans ..... ............................... Section 4.2 Construction of Minimum Improvements .................. Sect ion 4.3 Certificate of Completion .............................. Section 5.1 Defense of Claims ...... ............................... Section 5.2 Insurance .............. ............................... Section 6.1 Reimbursement of Redeveloper ........................... Section 6.2 Wage and Job Goals ...... ............................... Section 7.1 Transfer of Property and Assignment .................... Section 7.2 Termination of Limitations on Transfer ................ Section 8.1 Events of Default ...... ............................... Section 8.2 Remedies on Default .... ............................... Section 8.3 No Remedy Exclusive Section8.4 Waivers ................ ............................... Section 9.1 Conflict of Interests; EDA Representatives Not Individually Liable ............ ............................... Section 9.2 Equal Employment Opportunity .......................... Section 9.3 Rest r i ct i ons on Use .... ............................... -i- Section 9.4 Titles of Articles and Sections ....................... Section 9.5 Notices and Demands .... ............................... Section9.6 Term of Agreement ...... ............................... Section 9.7 Counterparts ........... ............................... Schedule A Redevelopment Property Schedule B Project Description Schedule C Time Table Schedule D Portion of Project the Costs of Which are Eligible for Reimbursement pursuant to Section 6.1 Exhibit A Certificate of Completion Exhibit B Covenants and Restrictions -ii - REDEVELOPMENT CONTRACT This Agreement is made as of , 1995, by and between the ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA, a public body corporate and politic (the "EDA "), and GILL BROTHERS FUNERAL CHAPELS, INC., a Minnesota corporation ( "Redeveloper "). WITNESSETH: WHEREAS, the EDA was created pursuant to state law now codified as Minnesota Statutes, Sections 469.090 through 469.1081 (the "Act ") and was authorized to transact business and exercise its powers by an ordinance and resolution of the City Council of the City of New Hope (the "City ") adopted on March 27, 1989; and WHEREAS, in furtherance of the objectives of the Act, the EDA has assumed control of a program established and undertaken by the Housing and Redevelopment Authority in and for the City of New Hope for the clearance and redevelopment of blighted, vacant and unused areas of the City and in this connection is engaged in carrying out a redevelopment project as defined in Minnesota Statutes, Section 469.002, Subdivision 14, known as Redevelopment Project No. 85 -2 (the "Redevelopment Project ") in the area in the City encompassing the property abutting on the north side of 42nd Avenue North from Nevada Avenue North west to the railroad tracks as shown on Schedule Al attached hereto (the "Project Area "); and WHEREAS, as of the date of this Agreement there has been prepared and approved by the EDA and the City Council pursuant to the Act a redevelopment plan for the Redevelopment Project, dated December 23, 1985, as amended by an amendment thereto dated June 22, 1987 (as so amended, the "Redevelopment Plan "); and WHEREAS, on December 23, 1985 the City Council adopted a resolution establishing the Project Area as a tax increment financing district; and WHEREAS, the to: 1. Provide 2. Provide along 4 provide major objectives of the Redevelopment Plan are compatible and complementary land uses. more homogeneous land uses and street treatment .2nd Avenue in order to unify development and a positive image of the City. 3. Promote and secure development and redevelopment in a manner that allows the most logical and efficient arrangement and intensity of land uses. 4. Promote and secure the .retention of existing jobs and gain new employment opportunities in the area. 5. Promote and secure development and redevelopment in a manner that will have minimum adverse impact on the environment. 6. To undertake certain land acquisition, parcel assembly and parcel disposition necessary to eliminate certain substandard and non - conforming uses and buildings, and to assemble logical, conforming and more efficient building sites. 7. To promote and secure increased landscaping on private property and public rights of way to improve the asthetics, provide identity for the commercial areas and improve transitions between commercial and residential areas. and WHEREAS, in order to achieve the objectives of the Redevelopment Plan, the EDA intends to provide aid and assistance to the Redeveloper through tax increment financing, as described in Minnesota Statutes, Sections 469.174 through 469.179 to finance t he cost of the acquisition by the Redeveloper of property located in the Project Area described and shown on Schedules A and A -1 attached, on which the Redeveloper w i l l construct a funeral chapel ; and WHEREAS, the EDA and the City believe that redevelopment of a portion of the Project Area pursuant to this Agreement is in the best interests of the City and benefits the health, safety, morals and welfare of its residents, and complies with the applicable state and local laws and requirements under which the Redevelopment Project has been undertaken and is being assisted. NOW, THEREFORE, in consideration of the foregoing premises and the mutual obligations set forth in this Agreement, the parties hereto hereby agree as follows: ARTICLE 1 Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Act" means Minnesota Statutes, Sections 469.090 through 469.1081 and 469.001 through 469.047. "Agreement" means this Agreement, as the same may be from time to time modified, amended or supplemented. "Certificate of Completion" means a certification in the form attached as Exhibit A, to be provided to Redeveloper pursuant to this Agreement. "City" means the City of New Hope, Minnesota, a Minnesota municipal corporation. "Construction Plans" means the plans, specifications, drawings and related documents for the construction work to be performed by the Redeveloper on the Redevelopment Property as a part of the Project, which (a) shall be at least as detailed as the plans, specifications, drawings and related documents which are submitted to the building official of the City and (b) shall include at least the following: (1) site plan; (2) foundation plan; (3) basement plans; (4) floor plan for each floor; (5) elevations on all sides; (6) landscape plan; (7) grading plan; and (8) utility plan. "Event of Default" means as set forth in Section 9.01 hereof. "EDA" means the Economic Development Authority of New Hope, Minnesota, a public body corporate and politic under the laws of the State of Minnesota. "Improvements" means the buildings or other improvements located on the Redevelopment Property. "Mortgage" means any mortgage made by Redeveloper which covers, in whole or in part, the Redevelopment Property. "Mortgagee" means the owner or holder of a Mortgage. "Net Proceeds" means any proceeds paid by an insurer to Redeveloper and the EDA under a policy or policies of insurance required under Article 5 and remaining after deducting all expenses (including fees and disbursements of counsel) incurred in the collection of the proceeds. 3 "Project" means the acquisition and clearing of the Redevelopment Property and the construction thereon of a two story colonial style funeral chapel with approximately 6,500 square feet on the first floor with an exterior drop -off canopy and circular drive, and the construction of site improvements and other improvements of a public nature, all as further described in Schedule B attached to this Agreement. "Project Area" means the area designated for redevelopment by the EDA pursuant to the Redevelopment Plan and the Act. "Plans" means Redeveloper's plans dated the Project as submitted to the EDA, with any subsequent approved by the EDA. , 1995 for amendments "Redeveloper" means Gill Brothers Funeral Chapels, Inc., a Minnesota corporation. "Redevelopment Plan" means the Redevelopment Plan approved by the City on December 23, 1985, as amended by an amendment thereto dated June 22, 1987. "Redevelopment Property" means the portion of the Project Area described on Schedule A and A -1 attached hereto. "Restrictions" means the easements, covenants, conditions and restrictions set forth in Exhibit B. "Section" means a Section of this Agreement, unless used in reference to Minnesota Statutes. "State" means the State of Minnesota. "Tax Increment" means tax increment derived by the EDA from the Redevelopment Property following the issuance of the C e r t i f i c a t e of Completion by the EDA pursuant to Section 4.3 hereof. Tax Increment shall not include any tax increment derived by the EDA or City from any other property in the Tax Increment District or elsewhere in the City. "Tax Increment Act" means Minnesota Statutes, Sections 469.174 through 469.179. "Tax Increment District" means Tax Increment Financing District 85- 2 created by the EDA pursuant to the Tax Increment Financing Plan. "Tax Increment Financing Plan" means Tax Increment Financing Plan 85 -2 approved by the Housing and Redevelopment Authority and the 4 City Council and dated December 23, 1985, the control over which the EDA has assumed by resolution dated April 10, 1989. Time Table" means the schedule of performance dates for certain actions by Redeveloper under this Agreement, attached hereto as Schedule C and made a part hereof. "Unavoidable Delay" means a failure or delay in a party's performance of its obligations under this Agreement, or during any cure period specified in this Agreement which does not entail the mere payment of money, not within the party's reasonable control, including but not limited to acts of God, governmental agencies, the other party, strikes, labor disputes (except disputes which could be resolved by using union labor), fire or other casualty, or lack of materials; provided that within 10 days after a party impaired by the delay has knowledge of the delay it shall give the other party notice of the delay and the estimated length of the delay, and shall give the other party notice of the actual length of the delay within 10 days after the cause of the delay has ceased to exist. The parties shall pursue with reasonable diligence the avoidance and removal of any such delay. Unavoidable Delay shall not extend performance of any obligation unless the notices required in this definition are given as herein required. ARTICLE 2 Representations and Warranties Section 2.1. By EDA EDA makes the following representations to Redeveloper: (a) EDA is an economic development authority duly organized and existing under the laws of Minnesota. Under the provisions of the Act, EDA 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 Act and was created, adopted and approved in accordance with the terms of the Act. (c) The Tax Increment District is a "tax increment district" within the meaning of the Tax Increment Act and was created, adopted and approved in : accordance with the terms of the Tax Increment Act. (d) The costs related to the portion of the Project described in Schedule D hereto constitute public redevelopment costs as 5 defined in Minnesota Statutes, Section 469.033, which are permitted to be paid from Tax Increment, pursuant to Minnesota Statutes, Section 469.176. The EDA proposes to financially assist Redeveloper by reimbursing all or a portion of such costs paid by the Redeveloper from Tax Increment. Section 2.2. By Redeveloper Redeveloper represents and warrants that: (a) Redeveloper is a Minnesota for profit corporation organized and incorporated under the laws of Minnesota, under no legal disability and has power to enter into this Agreement. (b) Redeveloper will, subject to Unavoidable Delays, complete the Project in accordance with the terms of this Agreement, the Redevelopment Plan, the Act, and all local, state and federal laws and regulations. (c) Redeveloper has received no notice or communication from any local, state or federal official that the activities of Redeveloper, the City or EDA with respect to the Redevelopment Property may be or will be in violation of any environmental law or regulation. Redeveloper is aware of no facts the existence of which would cause it to be in violation of any local, state or federal environmental law, regulation or review procedure with respect to the Redevelopment Property. (d) Neither the execution or delivery of this Agreement, the consummation of the transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented by, limited by, conflicts with, or results in a breach of, any restriction, agreement or instrument to which Redeveloper is now a party or by which it is bound. (e) The Redeveloper (i) is not in default in the payment of the principal of or interest on any indebtedness for borrowed money; or (ii) is not in default under any instrument or agreement under and subject to which any indebtedness for borrowed money has been issued. (f) The Redeveloper would not undertake the Project but for the tax increment financing assistance being provided by the EDA hereunder. (g) No member of the governing body of the C i t y or EDA or any other officer of the City and EDA has any direct or indirect financial interest in the Redeveloper, the Redevelopment Property or the Project. ARTICLE 3 Use of Redevelopment Property: Restrictions Section 3.1 Use Redeveloper's use of the Redevelopment Property shall be subject to and in compliance with all of the conditions, covenants, restrictions and limitations imposed by the Redevelopment Plan, this Agreement, the Restrictions and all applicable laws, ordinances and regulations. Section 3.2 Declaration of Restrictions Redeveloper shall prepare, execute, and record on the title to the Redevelopment Property a Declaration of Covenants and Restrictions, in form approved by the EDA, which includes the Restrictions set forth on Exhibit B, and shall cause each existing Mortgagee to execute an appropriate instrument in form satisfactory to the EDA consenting to and agreeing to be bound by the Restrictions in the event it becomes a record owner of all or a part of the Redevelopment Property. ARTICLE 4 Completion of Proiect Section 4.1 Construction Plans Redeveloper shall submit Construction Plans to the EDA according to the Time Table. The Construction Plans shall provide for construction of the portion of the Project consisting of construction in conformity with the Redevelopment Plan, the Plans, this Agreement, and all applicable state and local laws and regulations. The EDA shall approve the Construction Plans in writing if no Event of Default has occurred and, in the reasonable discretion of the EDA, the Construction Plans: (a) substantially conform to the Plans and subsequent amendments approved by the EDA; (b) conform to the terms and conditions of this Agreement; (c) conform to the terms and conditions of the Redevelopment Plan; (d) conform to all applicable federal, state and local laws, ordinances, rules and regulations; (e) are adequate to provide for construction of the portion of the Project consisting of construction; and (f) provide for minimum disturbance to neighboring properties during construction. No approval by the EDA shall relieve Redeveloper of the obligation to comply with the terms of this Agreement, the terms of the Redevelopment Plan, applicable federal, state and local laws, ordinances, rules and regulations, or to construct the Minimum Improvements. No approval by the EDA shall constitute a waiver c= an Event of Default. Any disapproval of the Construction Plars shall set forth the reasons therefor, and shall be made within 30 N days after the date of their receipt by the EDA. If EDA rejects the Construction Plans, in whole or in part, Redeveloper shall submit new or corrected Construction Plans within 30 days after written notification to Redeveloper of the rejection. The provisions of this Section relating to approval, rejection and resubmission of corrected Construction Plans shall continue to apply until the Construction Plans have been approved by EDA. Section 4.2 Undertaking of Proiect (a) Subject to Unavoidable Delays, Redeveloper will complete the Project all in accordance with the Plans, the Construction Plans and the Time Table. (b) All work with respect to the portion of the Project consisting of construction shall be in substantial conformity with the Construction Plans approved by the EDA. Redeveloper shall promptly begin the Project and diligently prosecute the Project to completion. Redeveloper shall make reports, in such detail and at such times as may reasonably be requested by the EDA, as to the actual progress of Redeveloper with respect to the Project. (c) Redeveloper shall not interfere with, or construct any improvements over, any public street or utility easement without the prior written approval of the City. All connections to public utility lines and facilities shall be subject to approval of the City and any private utility company involved. Except for public improvements which are assessable by the City or other governmental body against other benefitted properties, all street and utility installations, relocations, alterations and restorations shall be at Redeveloper's expense and without expense to the. City or the EDA. Redeveloper at its own expense shall replace any public facilities or utilities damaged during the Project. Section 4.3 Certificate of Completion (a) Promptly after completion of the Project in accordance with this Agreement, Redeveloper will provide the EDA with a certificate of substantial completion from Redeveloper's architect and the certificate of Redeveloper required by Section 6.1 hereof, and the EDA will furnish Redeveloper with an appropriate Certificate of Completion as conclusive evidence of satisfaction and termination of the agreements and covenants of this Agreement with respect to the obligations of Redeveloper to complete the Project. The furnishing by the EDA of the Certificate of Completion sha 1 1 not constitute evidence of compliance with or satisfaction of any obligation of Redeveloper to any Mortgagee. (b) If the EDA shall refuse or fail to provide the Certificate of Completion, the EDA shall, within 15 days after the Redeveloper provides the architect's certificate referenced in Section 4.3(a), provide Redeveloper with a written statement specifying in what respects Redeveloper has failed to complete the Project in accordance with this Agreement, or is otherwise in default, and what measures or acts w i l l be necessary, in the opinion of the EDA, for Redeveloper to obtain the Certificate of Completion. ARTICLE 5 Defense of Claims Insurance• Condemnation Section 5.1 Defense of Claims Redeveloper shall indemnify and hold harmless the EDA and the City and their respective officers, employees and agents for any loss, damages and expenses (including attorneys' fees) in connection with any claims or proceedings arising from damages or injuries received or sustained by any person or property by reason of any actions or omissions of Redeveloper or its contractors, agents, officers or employees or arising out of or relating to this Agreement or the transactions contemplated by this Agreement, other than claims or proceedings arising from any negligent or unlawful acts or omissions of the EDA, the City or their contractors, agents, officers or employees. Promptly after receipt by the EDA or City of notice of the commencement of any action in respect of which indemnity may be sought against the Redeveloper under this Section 5.1, such person will notify the Redeveloper in writing of the commencement thereof, and, subject to the provisions hereinafter stated, the Redeveloper shall assume the defense of such action (including the employment of counsel, who shall be counsel satisfactory to the EDA or City, as the case may be, and the payment of expenses) insofar as such action shall relate to any alleged liability in respect of which indemnity may be sought against the Redeveloper. The EDA or the City shall have the right to employ separate counsel in any such action and to participate in the defense thereof, but the fees and expenses of such counsel shall not be at the expense of the Redeveloper unless the employment of such counsel has been specifically authorized by the Redeveloper. The Redeveloper shall not be liable to indemnify any person for any settlement of any such action effected without its consent. The omission to notify the Redeveloper as herein provided will not relieve it from any liability which it may have to any indemnified party pursuant hereto, otherwise than under this section. 9 Section 5.2 Insurance (a) The Redeveloper shall keep and maintain the Redevelopment Property and Improvements at all times insured against such risks and in such amounts, with such deductible provisions, as are customary in connection with facilities of the type and size comparable to the Improvements, and the Redeveloper shall carry and maintain, or cause to be carried and maintained, and pay or cause to be paid timely the premiums for direct damage insurance covering all risks of loss, including, but not limited to, the following: ( 1 ) fire (2) extended coverage perils (3) vandalism and malicious mischief (4) boiler explosion (but only if steam boilers are present) (5) water damage (6) debris removal (7) collapse on a replacement cost basis in an amount equivalent to the full insurable value thereof. ( "Full insurable value" shall include the actual replacement cost of the Improvements (exclusive of foundations and footings) without deduction for architectural, engineering, legal or administrative fees or for depreciation.) Insurance in effect with respect to any portion of the Improvements to be renovated or remodeled as a part of the Project prior to the issuance by the EDA of a Completion Certificate under Section 4.3 hereof with respect thereto shall be maintained on an "all- risk" builder's risk basis during the course of construction. The policies required by this Section 5.2 shall be subject to a no coinsurance clause or contain an agreed amount clause, and may contain a deductibility provision not exceeding $25,000. (b) Policies of insurance required by this Section 4.3 shall assure and be payable to the Redeveloper, and shall provide for release of insurance proceeds to the Redeveloper for restoration of loss. The EDA shall be furnished certificates showing the existence of such insurance. In case of loss, the Redeveloper is hereby authorized to adjust the loss and execute proof thereof in the name of all parties in interest. The Redeveloper shall annually file with the EDA a schedule describing all such policies in force, including the types of insurance, names of insurers, policy numbers, effective dates, terms of duration or any other information the EDA deems pertinent. Such l i s t shall be accompanied by a certificate executed by the Redeveloper stating that, to the best of the knowledge of the Redeveloper, insurance on the Improvements then in force complies with this Section 4.3. M ARTICLE 6 Reimbursement of Redeveloper: Job and Wage Goals Section 6.1 Reimbursement of Redeveloper Upon completion of the Project the Redeveloper will deliver a certificate to the EDA certifying that the costs for the items described in Schedule D hereto have been paid by the Redeveloper and the aggregate amount of such costs. The EDA agrees to reimburse the Redeveloper for such cost up to an amount equal to the lessor of (i) $150,000 or (ii) the aggregate amount of such costs as set forth in the certificate of the Redeveloper delivered pursuant to Section 6.1 (the "Reimbursement Amount "). The payment b'v the FDA of th'o recelvea; oy the tUA on or prior to December 31, 2006. On each August 1 and February 1 following the issuance of the Certificate of Completion under Section 4.3 hereof the EDA shall pay to the Redeveloper all Tax Increment received by the EDA during the preceding six (6) month period. Such payments shall continue until The EDA makes no representation or warranty that the Tax Increment derived from the Redevelopment Property will be sufficient to fully pay the Reimbursement Amount. No funds other than Tax Increment derived from the Redevelopment Property shall be used by the EDA to pay the reimbursement amount. Section 6.2 Wage and Job Goals The Redeveloper agrees that for purposes of meeting the requirements of Minnesota Statutes Section 116J.991, that the Project will provide a net increase of 3 jobs in Minnesota provided by the Redeveloper within two (2) years after the first reimbursement payment is provided to the Redeveloper under Section 6.2 hereof, which jobs will have wage 1 eve i s of not 1 ess t han t he t hen i ndust ry° st andards for t he t ype of job created. On or before March 31 of each year the Redeveloper will report to the EDA the number of new jobs in the City provided by the Project and the wages for such jobs in the preceding calendar year and such other information as is required by the EDA to complete the report to the Minnesota Department of Trade and Economic Development required by Minnesota Statutes Section 116J.991. If the Redeveloper fails to meet the goals set forth in this Section 6.2 it shall repay to the EDA all amounts paid to the Redeveloper by the EDA under Section 6.1 hereof. If Minnesota Statutes Section 116J.991 i s amended or repealed, this Section 6.2 shall be amended to conform to it or deleted. 11 ARTICLE 7 Prohibitions Against Assignment and Transfer Section 7.1 Transfer of Property and Assignment Redeveloper has not made and will not make, or suffer to be made, any total or partial sale, assignment, conveyance, lease (other than leases of space in the professional office building constructed as apart of the Project), or other transfer, with respect to this Agreement or the Redevelopment 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 EDA. The EDA shall be entitled to require as conditions to any such approval that: (i) the proposed transferee have the qualifications and financial responsibility, as reasonably determined by the EDA, necessary and adequate to fulfill the obligations undertaken in this Agreement by Redeveloper; (ii) the proposed transferee, by recordable instrument satisfactory to the EDA shall, for itself and its successors and assigns, assume all of the obligations of Redeveloper under this Agreement. No transfer of, or change with respect to, ownership in the Redevelopment Property or any part thereof, or any interest therein, however consummated or occurring and whether voluntary or involuntary, shall operate, legally or practically, to deprive or limit the EDA of or with respect to any rights or remedies or controls provided in or resulting from this Agreement with respect to the Redevelopment Property and the completion of the Project that the EDA would have had, had there been no such transfer or change. There shall be submitted to the EDA for review all legal documents relating to the transfer. In the absence of specific written agreement by the EDA to the contrary, no such transfer or approval by the EDA thereof shall be deemed to relieve Redeveloper, or any other party bound in any way by this Agreement or otherwise with respect to the completion of the Project, from any of its obligations with respect thereto. 7.2 Termination of Limitations on Transfer The provisions of Section 7.1 shall terminate at such time as the Certificate of Completion has been issued by the EDA under Section 4.3 of this Agreement with respect to the Project. ARTICLE 8 Events of Default Section 8.1 Events of Default 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 (unless the context otherwise provides), any one or more of the following 12 events which occurs and continues for more than 30 days after notice by the EDA to Redeveloper of such default (and the term "default" shall mean any event which would with the passage of time or giving of notice, or both, be an "Event of Default" hereunder): (a) Failure of Redeveloper to complete the Project as required hereunder. (b) Failure of Redeveloper to furnish the Construction Plans as required hereunder. (c) Failure of Redeveloper to observe and perform any other covenant, condition, obligation or agreement on his part to be observed or performed hereunder or under the Restrictions. (e) If Redeveloper shall admit in writing his inability to pay its debts generally as they become due, or shall file a petition in bankruptcy, or shall make an assignment for the benefit of his creditors, or shall consent to the appointment of a receiver of itself or of the whole or any substantial part of the Redevelopment Property. (f) If Redeveloper shall fail to meet the job and wage goals with respect to the Project set forth in Section 6.2 of this Agreement. Section 8.2 Remedies on Default Whenever any Event of Default referred to in Section 8.1 occurs, the EDA may take any one or more of the following actions: (a) Suspend its performance under this Agreement until it receives assurances from Redeveloper, deemed adequate by the EDA, that Redeveloper w i l l cure its default and continue its performance under this Agreement. (b) Terminate all rights of Redeveloper under this Agreement. (c) Withhold the Certificate of Completion. (d) Terminate the payments to the Redeveloper under Section 6.1 of this Agreement. (e) Take whatever action at law or in equity may appear necessary or desirable to the EDA to enforce performance and observance of any obligation, agreement, or covenant of the Redeveloper under this Agreement. 13 Section 8.3. No Remedy Exclusive No remedy herein conferred upon or reserved to the EDA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. In order to entitle the EDA or Redeveloper to exercise any remedy reserved to it, it shall not be necessary to give notice, other than such notice as may be required under this Agreement. Section 8.4. Waivers All waivers by the EDA, shall be in writing. If any provision of this Agreement is breached by either party and thereafter waived by the other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE 9 Additional Provisions Section 9.1 Conflict of Interests: EDA and City Representatives Not Individually Liable No member, official, employee, or consultant or employees of the consultants of the EDA or the City shall have any personal interest, direct or indirect, in this Agreement, nor shall any such member, official, consultant or the consultant's, employees or employee participate in any decision relating to this Agreement which affects his or her personal interests or the interests of any corporation, partnership, or association in which he or she is directly or indirectly interested. No member, official, consultant or the consultant's employees, or employee of the EDA or the City shall be personally liable to Redeveloper, or any successor in interest, in the event of any default or breach by the EDA or the City or for any amount which may become due to Redeveloper or successor or on any obligations under the terms of this Agreement. Section 9.2 Equal Employment Opportunity Redeveloper, for itself and its successors and assigns, agrees that during the construction of the Project it will comply with any applicable affirmative action and nondiscrimination laws or regulations. 14 F Section 9.3 Restrictions on Use Redeveloper agrees for itself, and its successors and assigns, and every successor in interest to the Redevelopment Property, or any part thereof, that Redeveloper, and such successors and assigns, shall devote the Redevelopment Property to, and only to and in accordance with, the uses specified in the Redevelopment Plan and this Agreement, and shall not discriminate upon the basis of race, color, creed, sex or national origin in the sale, lease, or rental or in the use or occupancy of the Redevelopment Property or any improvements erected or to be erected thereon, or any part thereof. Section 9.4 Titles of Articles and Sections Any titles of the several parts, Articles, and Sections of this Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. Section 9.5 Notices and Demands Except as otherwise expressly provided in this Agreement, a notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally as follows: (a) in the case of Redeveloper, addressed to or delivered personally to Redeveloper at Gill Brothers Funeral Chapels, Inc., c/o Daniel J. McGraw, Executive Office, Southwest Chapel, 5801 Tyndale Avenue So., Minneapolis, MN 55419. (b) in the case of the EDA, addressed or delivered personally to the EDA's Executive Director, 4401 Xylon Avenue North, New Hope, Minnesota 55428; (c) in the case of the City addressed or delivered personally to the City Manager at 4401 Xylon Avenue North, New Hope, Minnesota 55428; or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other parties as provided in this Section. Section 9.6 Term of Agreement This Agreement shall terminate upon the later to occur of (i) December 31, 2006, or (ii) the payment in full of all payments to be made under Section 6.1 hereof; provided that notwithstanding the termination of this Agreement, the Restrictions shall remain in full force and effect until terminated in accordance with its terms. Section 9.7. Counterparts This Agreement is executed in any number of counterparts, each of which shall constitute one and the same instrument. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed as of the date first above written. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNES A By . Its e`sident is Ex ive Director GILL THERS FUNERAL CHAPELS, INC. C By. Daniel J. McGraw, Its President STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) ?The foreg ' g in strument rument was Ec a � den an 1ow .edg%d,, befo[�e,� me this da of �`'`�-�"' , 1996, by e` res� eEutive �n�t1�ment Authority in and for the City of New io D� rector,'�co p Hope, Minnesota. Notary Public _ S STEVEN A. SONDRALL NOTARY PUBLIC - MINNESOTA HENNEPIN COUNTY 16 My Commission Expires Jan. 31, 2000 _ _ STATE OF MINNESOTA ) )SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this , day of 1996, Daniel J. McGraw, President, Gill Brothers Funeral Chapels, Inc., a Minnesota corporation, on behalf of said corporation. otary Public DRAFTED BY: JEAN M CROSBY C OR R I C K & SO N D RA L L, P. A. tgozq Public Wff*� 8525 Edinbrook Crossing, #203 AWXAW(WY Brooklyn Park, MN 55443 Ca"i simE V3120C;I 17 SCHEDULE A REDEVELOPMENT PROPERTY Lot 1, Block 1, City Center Addition, commonly known as 7300 42nd Avenue North PID No: 17- 118 -21 -21 -0054 A -1 CITY CENTER ADDITION 0 �i .i S r b — -- - - -- `T _ 130.00 NST2357Z si Li t., rl•r ._ ^•i/ ar tD 'r NEVADA - - --385.00 S89 -- AVENUE N. N W ITY � !r or - EA MENT q�q CH.rip3t?4 a N 'ACh.Br4.$g 0 ® / 0 O I / '_° N r6 I ; - D AINAG Q 5 a q T E A UTI ITY EASEMEN - _ I `r � � i I � _ - 9 9.x2•. r Z I u n 9W o'er Nom° -.F� - -26244 N%-50 42Nd AVENl1E -96,65 S88'- N • 44 - E 10378 S88°37`I6'W NORTH - L= 253.12 R= 576 2.60 A =2 °3100' - - - 15824 S88°5144"E Hunr M+e Of HCSAH Nn 9, Pb/ 59 ••� r • ' ri mi �`� IHL/ 60 r 1 60 r-lv� All L.J C n 60 , SCHEDULE B PROJECT DESCRIPTION A 7,800 sq. ft. funeral home designed as a residential -style one -story professional building constructed in accordance with the following described plans submitted to the EDA by the Redeveloper. Said documents are incorporated into this Agreement by reference as if fully set out herein. 1. Site Plan 2. Survey 3. Floor Plan 4. Elevations 5. Landscape Plan and Schedule 6. Redeveloper's Project Description SCHEDULE C The following events shall take place, subject to Unavoidable Delays (as defined in this Agreement) by the date specified. TIME TABLE Redevelopment Contract Section Task Date 5.2 Redeveloper provides proof of insurance. 4.1 Construction Plans submitted to EDA and City. a. EDA disapproval (30 days) b. Redeveloper resubmits Plans (30 days) 4.2 Project begins. 4.2 Project completed. 4.3 EDA issues or refuses to issue Certificate of Completion. November, 1995 October, 1995 October, 1995 October, 1995 November, 1995 July, 1996 July, 1996 C -1 SCHEDULE D PORTION OF PROJECT THE COSTS OF WHICH ARE ELIGIBLE FOR REIMBURSEMENT FROM BOND LAND $254,826 EXCAVATION & BACKFILL 28,800 LANDSCAPING & SPRINKLING 22,700 SANITARY SEWER & WATER 14,400 PARKING LOT 27,600 CURBING 9,480 TOTAL: $357,806 am EXHIBIT A CERTIFICATE OF COMPLETION WHEREAS, Gi 11 Brothers Funeral Chapels, Inc., a Minnesota corporation ( "Owner ") is the owner of the property in the County of Hennepin and State of Minnesota described on Exhibit 1 attached hereto and made a part hereof ( "Property "); and WHEREAS, the Property is subject to the provisions of a certain Redevelopment Agreement (the "Agreement ") dated October 9, 1995 by and between Owner and the Economic Development Authority in and for the City of New Hope, Minnesota (the "EDA "); and WHEREAS, Owner has fully and duly performed all of the covenants and conditions of Owner under the Agreement with respect to the completion of the Project (as defined in the Agreement); NOW, THEREFORE, it is hereby certified that all requirements of Owner under the Agreement with respect to the completion of the Project have been completed and duly and fully performed, and this instrument is to be conclusive evidence of the satisfactory termination of the covenants and conditions of the Agreement as they relate to the completion of the Project. All other covenants and conditions of the Agreement shall remain in effect and are not terminated hereby. Dated this day of 1995. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA By: Its President By: Its Executive Director A -1 STATE OF MINNESOTA ) SS COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1995 by Edward J. Erickson, President, and Daniel J. Donahue, Executive Director, of the Economic Development in and for the City of New Hope, Minnesota. Notary Public This Instrument Was Drafted By: CORRICK & SONDRALL, P.A. 8525 Edinbrook Crossing, Suite 203 Brooklyn Park, MN 55443 A -2 EXHIBIT B COVENANTS AND RESTRICTIONS 1. The Property shall not be exempt from real estate taxes notwithstanding the ownership or use of the Land. 2. The Property shall not be sold, transferred, conveyed or leased to any of the following parties: (a) An institution of purely public charity; (b) A church or ancillary tax exempt housing; (c) A public hospital; (d) A public school district; (e) An organization exempt from federal income taxes pursuant to Section 501(c)(3) of the Internal Revenue Code of 1986, as amended; or (f) A Minnesota cooperative association organized under Minnesota Statutes, Section 308.05 and 308.18 for the purpose of complying with the provisions of Minnesota Statutes, Section 273.133,. subdivision 3, or any other party that would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 3. The land shall not be used for any of the following purposes: (a) The operation of a public charity; (b) A church or house of worship; (c) The operation of a public hospital; (d) The operation of a public schoolhouse, academy, college, university, or seminary of learning; or (e) Any other use which would cause the Property to be valued and assessed for real estate tax purposes at a lower percentage of its market value than the Property is then being valued and assessed for real estate tax purposes or would result in the Property becoming exempt from real estate taxes. 4. The covenants and restrictions herein contained shall run with the title to the Property and shall be binding upon all present and future owners and occupants of the Property; provided, however, that the covenants and restrictions herein contained shall inure only to the benefit of the Economic Development Authority in and for the City of New Hope, Minnesota ("EDA"), and may be released or waived in whole or in part at any time, and from time to time, by the sole act of the EDA, and variances may be granted to the covenants and restrictions herein contained by the sole act of the EDA. These covenants and restrictions shall be enforceable only by the EDA, and only the EDA shall have the right to sue for and obtain an injunction, prohibitive or mandatory, to prevent the breach of the covenants and restrictions herein contained, or to enforce the performance or observance thereof. 5. The covenants and restrictions herein contained shall remain in effect until December 31, 2025 and thereafter shall be null and void. MW c,\wp51\cnh�gill,ra CORMCK & SONDRALL, P.A. STEVEN A. SONDRALL ATTORNEYS AT LAw uKIAL ETA MICHAEL R. LAFLEUR MARTIN P. MALECHA b Edinburgt Executive Office Plaza SHARON D. DER ®r WILLIAM C. STRAIT 8525 Edinbrook Crossing Suite #203 Brooklyn Park, Minnesota 55443 TELEPHONE (612) 4255671 FAX (612) 4255867 April 29, 1997 Daniel J. McGraw Gill Brothers Funeral Chapels, Inc. 5801 Lyndale Avenue South Minneapolis, MN 55419 RE: 7300 42nd Avenue North Irrevocable Letter Of Credit No. 165 Our File No: 99.11141 Dear Mr. McGraw: Your Letter of Credit No. 165 with the Stearns County National Bank securing the Development Contract in connection with the above - referenced property expires June 27, 1997. A renewal of this ® Letter of Credit must be received in our office on or before June 3, 1997, or it will be necessary at that time to request authority from the New Hope City Council to draw upon your Letter of Credit for the full face amount. If the work contracted for and guaranteed by this Letter of Credit is completed, or partially completed, and you wish to secure the elimination or a reduction of this Letter of Credit, please contact the City Engineer, Mark Hanson of Bonestroo, Rosene, Anderlik & Associates, Inc., 2335 West Trunk Highway 36, Roseville, MN 55113. Mr. Hanson will evaluate the status of the work and recommend an appropriate action to the Council regarding a reduction or elimination of the Letter of Credit. If a reduction is allowed, an Amendment of the Letter of Credit must reach our office on or before June 3, 1997, or again authority to draw upon the existing Letter of Credit will be requested of the Council. Sincerely, Martin P. Maiecha Assistant New Hope City Attorney mat cc. Daniel J. Donahue, City Manager Kirk McDonald, Management Assistant Steven A. Sondrali, City Attorney Va,lerie, Leone, City Clerk Mark Hanson, City Engineer PLANNING TO: FROM: DATE: SUBJECT: BOND AMOUNT: TOTAL NUMBER OF LOTS City Manager Doug Sandstad May 2, 1997 Gill Brothers Bond One FACILITIES /LANDSCAPING REQUIRED: Curbing nK Sod OK Trees 3 tre re to be planted at west center by tracks Driveway OK Sidewalks OK Grading OK Structures OK Other n/a Describe: I have, on this day May 2, 1997 inspected the plat for completion of all work ere a bond we retain. It is appr�p to RELEASE HOLD this amount: $ 55 I have consulted with the City Engineer on this. None cc: City Engineer City Clerk File 005 8/91 Gill Brothers Funeral Chapel TIF "pay as you clo" Reimbursements 1997 1998 1999 2000 2001 2002 2003 2004 2005 2006 total max = 7,189.86 5,956.60 13,146.46 paid 7/15/02 des tax print program 150,000.00 Final payment under Redevelopment Contra H: Taxes /G i I I B rot h e rsT I F est proj flow first half second half total rebate total - 2,504.66 2,504.66 2,505 - 11,984.34 11,984.34 14,489.00 11,984 - 10,713.00 10,713.00 25,202.00 10,713 5,981.00 5,980.68 11,961.68 37,163.68 11,961 7,189.86 7,189.86 14,379.72 51,543.40 14,380 5,956.60 5,956.60 11,913.20 63,456.60 11,913 5,.528.26 ! �1�' 12,301.22 75,757.82 12,301 r'6;5a1p 6,53910 13,078.20 88,836.02 13,078 „ 6,122 29 � .9 12,244.58 101,080.60 13,000 11,659.90 112,740.50 13,000 43,147.06 69,593.44 112,740.50 114,835 max = 7,189.86 5,956.60 13,146.46 paid 7/15/02 des tax print program 150,000.00 Final payment under Redevelopment Contra H: Taxes /G i I I B rot h e rsT I F REQUISITION /PURCHASE ORDER CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MN 55428-4898 PHONE: 763-531-5100, FAX: 763-531-5136 FEDERAL ID #41-6008870, MUNICIPAL CORPORATION P. 0. # DATE VENDOR: 6IL1 DELIVER TO: 0 00 F- INVOICE # DATE PROG OBJ SUB I TYPE AMOUNT DESCRIPTION 0s gfl,� 0� 3 - o5 grj ,� : , Q C �M) 14i47,F 7 2 - 0c 9 'r r- i'7 77,1 T I hereby certify that all goods have been received in good order, inspected and checked as to quality and quantity as specified in this order. RECEIVED BY: APPROVED FOR PAYMENT: White: Vendor *G een: Finance CITY MANAGER: AUTHORIZED REPRESENTATIVE: Yellow: Department Hennepin County Property Information -L Us" Property Tax Information The Hennepin County Property Tax web database is updated daily (Monday - Friday) at approximately 9:15 p.m, (CST) Property ID No.: 17-118-21-21-0054 Property Address: 7300 42ND AVE N Owner Name: NEM FAMILY LTD PARTNERSHIP Taxpayer Name and Address: GILL BROS FUNERAL CHAPLES C/O DANIEL MCGRAW 5801 LYN DALE AVE S There are no prior year taxes due on this property. It is anticipated that 2007 Taxes will be available on this web site approximately March 1,2007. http:/I/www2.co.hem-iepin.mn.us/taxpa:yments/taxesdue.j sp'?pld=l 711821210054 2/1/2007 Fa1IIKI"rV 7rtinc ®t3t - %0= 'r%,r'r'AV t%'rA®p1-AAV-M,14- NNEPIN C U N 'I TY 2006 PROPERTY TAX STATEMENT A -or) hfi-A , - PrifiSnt MAKE CHECK PAYABLE TO HENNEPIN COUNTY TREASURER Mew improvements/Expired Exclusions' i 0 0 Estimated Market Value 875,000. 875,000 - Taxable Market Value 875,000 875,000 6j 1. Use this amount on Form MA PR to see if you are eligible for a property tax refund. .00 Owner File by August 15. IF BOX IS CHECKED,YOU OWE DELINQUENTTAXES AND ARE NOT ELIGIBLE. = NEM FAMILY LTD PARTNERSHIP 2. Use this amount for the special property tax refund on schedule 1 of Form M -1 PR. .00 Your Property Tax and How It Is Reduced by the State 53,176.31 5 0 , 6 4 6 . 0 4 3. Property tax before reduction by state paid aids and credits 21 , 7 6 4.61 2 0 , 6 3 4 . 6 6 4. Aid paid by the stale of Minnesota to reduce your property tax .00 . 00 Munic 5. A. Homestead and agricultural credits paid by the state of Minnesota to reduce your property tax .00 .00 G 17- 118 - 21 21 0054 B. Other Credits paid by the state of Minnesota 31 , 411.7 0 30,011-38 Munic School Watershed Sewer TIF 6. Your Property Tax after reduction by state -paid aids and credits Proper 86 281 8 02 1606 Where Your Property Tax Dollars Go 499.30 569.63 Additio Property Address 7. A. County __ ............. .................... ..._.....................__..._........................ ..............._._.._..._....._............. .._.......__.........._ 7.18 7.76 A 7300 42ND AVE N B. RegtonalRailAuthority.' ................................................................. ............................... ........................................................... ............................... 523.08 587.17 8. City Or Town........._ ...................._........._......................_......._....._...._......_..........................._.........._...... ............ ................_.___ ..........._._.............._., 8,562.76 8 , 513.52 LotAddition CITY CENTER ADDN 9. State General Tax..........._ .............................__................... ._.._...........___............ . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ..... ............................... 0 istrict :..................................................................................................................................................... ............_..... .... ..............................: 10. School District. _ __ . . .......... .................... ............ ............ ................ .............. ..............................: 1,268.73 1,251.83 W Lot Block A. Voter Approved Levies ..............._........................................................................................._........_..................._.................... ....____........_..._.......... . 386.07 569.89 001 0 0 1 B. Other Local Levies ............... _........................................_.._.._.........._........_...._..........._..._............_...._.._................_._ 37.34 40.60 Mtg. Cc 11. A. m e tropolitan Special Taxing Districts ....................._.........__..._....___................_..__....._......_._.._......._.._......_. .........._._...._._,._...._... ................_.__........._. 9 3 38 6 49.86 .........................._.................................. ........._... B. Other Special Taxing Districts.........._ ............._._ _ _................................ . .................._.._..._._..: 12 , 2 4 4. 9 11,659-90 Mtg. Code Loan No. C. Tax Increment ..................._........_ ..... .,.._.............._........._..__.............................._........._........_....__ ._..._............._..._......_. ._...._.......... .................... ............................... 7 8 4 3 . 7 2 6,761.22 D. Fiscal Disparity ................_....._._..............._...._...__._...... _................. .00 MEMBER= . 13. 12. Non-School Voter Approved Referenda Levies ............. ... ......... ... .. ._.. 41 1 7 0 g 0 O 1 1 nts ... °' '" Total Property Tax Before Fees and Special Assessments 139.56 138.68 County Collected Solid Waste Management Fee .... . ......... .....__..._......_................. ... ......._................................. ..._..._................ ....... a 1 5, 0 7 5. 0 3 14. A. Special Assessment Principal ....._. ........ ....._ ..................... ......_........_......._................ .........._...._...._......_.. ....... .......... ..............._._._._......... ®. B . Special Assessment Interest _...._........._ ....... ....... ..._......... ... ... ... ....................._..........._......_.................................._..... .............................._ o tt. 31,551 .2 6 30,150.0 15,075.03 15. YOUR TOTAL PROPERTY TAX AND SPECIAL ASSESSMENTS ......._ ................ MAKE CHECK PAYABLE TO HENNEPIN COUNTY TREASURER