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ITEM 1 Great River CentreTY 0 ot CI e F 0 MINNESOTA g DEPARTMENT -I-NFORMATION Request for City Council Action ORGINATING DEPARTMENT: REQUESTOR: MEETING DATE: Legal Andy MacArthur, City Attorney February 20, 2013 Daniel Licht, City Planner Gary Groen, Finance Director Lori Johnson, City Administrator PRESENTER(s)- ITEM al City Attorney AGENDA ITEM DETAILS RECOMMENDATION: City CO Li n cil is requested to provide direction to City staff regard i ng a response to letter from 2 Century Bank as well as tax forfeit eligible property within Great River Centre. ARE YOU S EE KI N G APPROVAL OF A CONTRACT? IS A PUBLIC HEARING REQUIRED? No, No. PAG RO U N D/J U STI F [CAT ION: The City has recently received correspondence from 21't Century Bank regarding a proposal to pay off the current delinquent property taxes on the Appello owned properties within Great River Centre and convey two of the lots to the City with the understanding that all delinquent and future special assessments on the Appello owned properties within the plat would be transferred to these parcels conveyed to the City. Additionally, the current $300,,000 Letter of Credit would be used for purposes of completing the street reconstruction work within the Plat rather than being used to reduce special assessments. City staff has met with 21't Century Bank for them to present their proposal in detail, as well as met with Wright County staff to gather information on the tax forfeit status, process, and timeline and to have the bank proposal explained in detail including providing the rationale for the proposal. Of the six parcels owned by Appello that are not stormwater drainage outlots, five are currently eligible for tax forfeiture this year as they have not paid property taxes for three years. The 13.91 acre o utlot adjacent to Thi 101 will be eligible for tax forfeiture in 2014 d u e to the property taxes h avi ng keen pa id when the lot for Twin Cities Orthopedic was subdivided. The County Attorney and the County Auditor have indicated that they would follow the direction of the City as to whether the City wants to act on the five eligible parcels in 2013 or 2014. In order for the properties to go tax forfeit, the County must serve the property owners with a Notice of Expiration of Redemption Period. After 60 days following notice, the County Auditor would sign a Certificate of Tax Forfeiture which would convey title to the properties to the State of Minnesota. At that time the are removed from the tax rolls and all special assessments on the property would also be removed — (cancelled?), subject to reassessment by the City at such time that the property was purchased and conveyed back to private ownership. The County, acting on behalf of the State, would then determine an appraised minimum value for the properties and would place them on sale at auction. The property must be sold for at least the County appraised value. County staff indicated that they would welcome a request from the City to have a p[VfeSS/0Ua( appraisal of the property completed to determine a value for the parcels as the County has not dealt with this type of commercial property in forfeiture before. The County must be notified by the end of March if the City wants to include any of these parcels |nthe 2Ol3tax forfeiture procedure. If the City reqmeststhe County include the parcels with the 2013forfeiture process, the sale would most likely occur sometime in tile late Fall of 2013 and COUnty staff indicated they would be open to considering using aprofessional auction company tohandle the sale. There /snoguarantee that on offer meeting the minimum value will be received at that time. The property would remain for sale until avalid offer isreceived. Upon sale ofthe property, the County would take their adm|nisteratkocosts from the sale proceeds and they would then pay off any municipal assessments on the property to the extent of the proceeds. |fthe proceeds were less than the assessed amoun�the City would receive that amount but could reassess any remainder of the assessments owed against the properties after the ovvner(u)received title from the State. The City will receive the majority ofthe current assessments from a ny tax forfeit sale, assuming the property is va I ued correctly a nd also assuming that someone purchases the property. The City also has a written Agreement with Appe|lo which includes a $300,000.00 Letter ofCredit. The Letter of Credit may be be utilized by the City at its discretion to either pay offspecial assessments owed ortocomplete the street work within the Plat. AopeUohas complied with the Agreement sofar and made required assessment payments to the City as agreed in 2012. The Agreement requires them to make the May ZO13payments for special assessment due and owing. The letter received from Zl^^ Century Ba n k ind icates that Appel lo wi I I most likely not be a ble to make those payments,, which would put them 1ndefault under the Agreement. The City could then collect the Letter ofCredit and use the funds to either pay down special assessments or complete the street work. City staff has outlined the following options for the City Council to consider: Comment: The proposal from 21't Century Bank would convey all of the outstanding special assessments to two parcels within GRC. The 2.72 acre parcel is marketable property but would be|ncompetition with other sites within GRCorother commercial projects foruseo. The 13.91 acre parcel adjacent to TH 101 requires substantial fill and/or soil corrections to be readied for development and the City would need to build the extension of Quaday Avenue south of 85 th Street at a cost estimated by the City Engineer to be approximately $600,000.00. Furthermore, the scenario of loading all of the outstanding special assessments onto two parcels w|th|nthedeve|opmentmaNngthemeasendaUyuncornpedtk/evvhUe21"Centuryreta|ns ownership ofother properties within the same development was aconcern specifically o:presoeddur/ngnagot1at\onofthepresentagreementbetvveentheC(b6AppeUoend21" Century. City staff does not recommend the City Council accept the offer from 21" Century as presented. 7.Direct City staff to request the County initiate tax forfeiture of the eligible parcels |n2013o[ 2014. Comment: The City must consider a couple oflegal issues related topotential forfeiture. First, the status of the Developers Agreement is problematic after tax forfeiture which wipes out aU roadwork with the intent of assessing it against the tax forfeited properties,itvvouk]bemaking that assessment against the State of Minnesota while the property was in forfeiture or after forfeiture and sale against a third party. These part|esvvou|d be able to appeal any assessment. Thirdly, the auction of the property does not guarantee that it will sell. If it does not sell, it remains off of the tax rolls until someone buys it and the City will receive no taxes or assessments until after b|ssold. Wright County has rarely dealt with the sale ofcommercial property of this value. However, for 21't. Century toretain ownership ofany orall ofthe parcels eligible fo[forfeiture to protect their investment, the delinquent property taxes and special assessi-nerts would need to be paid in full. Therefore, the potential that the bank would want to hold oil to one or more of the marketable parcels within GRC would reduce the risks to the City of the tax forfeiture process noted above. Whether the City requests Wright County toinitiate the tax forfeiture process in 2013 or 2014 COUld be a point Of fUrther negotiation with 21« Century Bank related to immediate payment ofspecial assessments and completion of the street work. City staff believes that unless there are immediate payments made towards the delinquent assessments and the street work is undertaken, there is no reason to delay the tax forfeiture process as this vvU| likely remove the barriers to establishing market rate prices for the parcels as has been the case with other foreclosed properties within the City. 3. Present a counter proposal to 21" Century Bank. Comment: City staff believes that 21't Century Batik has reached an end point with regards to Appe||oand 2fnCentury Bank's investments |nGRZ. The current proposal isall attempt io shed the liabilities to adjust the price of the remaining parcels to marketable values. Within the frarnework of the current proposal, the City could counter offer to accept transfer of other or additional parcels. However, City staff believes that the total amoun\ofthe outstanding assessments WOUld require a sale value that would limit the City's ability to quickly turn the property for development. SUPPORTING DOCUMENTS: xo ATTACHED c NONE A. Proposal from 21uCentury Bank dated January 18,2O13. B. Plat mapshowing tax and assessment data C. Bond, levy, and special assessment data for Great River Centre project andassodatedbondissues. POSS113LE MOTIONS Please word motion as you would like it to appear In the minutes. A. Motion to direct the City Attorney to inform arid request Wright COL111ty initiate the tax forfeiture process in 2013. B. Motion to direct the City Attorney to draft an agreement to accept the proposal from 21" Century C. Motion to not accept the proposal of 21'� Century Bank to direct City staff to meet with their representatives to discuss alternatives including delay of a request to process tax forfeiture in 2014. BUDGET INFORMATION FUNDING- BUDGETED: YES NA ACTION. TAKEN n APPROVED AS RETESTED n DENIED DTABLED COMMENTS: u NO OTHER (List changes) Co: Subject: Aceunrrmnze: All: Jon Dolphin 1 k. Thursday, January 24, 2013 4:25 PM 'D. DANIEL LIGHT' (ddl@planningco.com); Loh Johnson; Andy MaoAdhur, (aj m aca rth u r@q. co m) wfd@donn| 1 | Thomas Dolphin FW* Great River Center 20130118_130930.odf We have been working on our- end with our bank partners and the guarantor group of Appello arid feel that we have adequate conceptual approval to begin discussions with the City on our proposal which is attached. Please let me know if you shOUld have any cluestions related to the above. ]on Jonathan F. Dolphin President -Chief operating Officer 2lstCentury Bank Direct phone (763) 792-3716 Owl g -(m- n Em w�n, c Note: The information in this e-mail is confidential and may be legally privileged. |t[sintended solely for the addressee(s). Access tothis e-mail buanyone other than the recipient iounauthorized. ifyou are not the intended recipient, any disclosure, reproduction, distribution or any action taken oromitted tobetaken lnreliance onit<sprohibited and may be Unlawful. a1g,crcncLw iv�n<c Corporate Office: 9300Ceiitr(il fluenue CIE, BlahieMR 55434 t; Td: Y63-7674-ZIST Fam: 763 -?B3-7140 January 18, 2013 Lori Johnson) City Adminish,cator City of Otsego 13 40 0 9 0 ") Street NE Otsego, MN 55330 RE: Unsold Lots in Great River Contre of -Otsogo Dear Ms. Jolinson: I I "mis C01TOSI)Q11donce is being wi-itten on behalf of 21' Ceiilury Bank, the lead lender for the financing group on the Great River Centre of Otsego, Over the last moat s, the bauk has been working with thu developer, Appollo Group, LLC., and has Nad several nicefings with :its st(el ff as well. The object of otir recent activity has been to ascertain the best. course, of cactimi to ale ill attempting to either market tho unsold lots hi the development, or to find a way to ease the roal c estate tax and sj)eeial assessment burden that threatens to overwhelm the market value of the, mime elope pro perfies. Marketing the lots is subject to many variables, Chief RMODg WhiCh is the C01111)efitloli that is present in nearby oommunifies, including Rogems, Elk River and Ramsey. All citics have the potential to offer developer incenthres, sitch as Tax Increment Finanoing, but the true driving force, belihid any cominercial land sale is the Presence of a buyer who believes that there is ra stiffi6wit nuarkot for their product to justify the prico of the land. Th Q price can be adjuslod by TIF, hit it oars also bo adjusted by the, seller, Thus far, no buyers Invve appeared in the, Otsego market for any of the platted Goniniercial lots in the development in t1w past year, III the 111call time, just ill the PC -18t You, wal estate taxes of over $17-5,000 havo �tcci,nc- d on the lots. Since the dQveloper has generated jic) revenuo, hit rest and penalties liave also accrued, bringing the total amount of increase iti the tax wicumbrance tip to over $200,000.00. This is in addition to unl)aid taxes for Prior year'. All told, the real, estate tax bill on the fmir platiod lots and the two outlots now exceed's $800)000.00. Ill additIOD to the re ci I estate t -c-mos, the sp e Gi a I assessments aga 'I n s t t ho lots tot( el I overs $ 1.5 1111111011, This is mono y adwmiced by the City for road improvenionts and othor infrastriwWro designed to attmot develolmnont, and created a kind of Ixartnership between the public, and priwato sector for the, common benefit of both compononts. Regretfully, wQ are not blessed with the gift of 20-20 hindsight, and had we. all known what the. economy was going to do, this project would have been postponed, Filially, 1110 lack of activity ill the Pr *cot has adversely affected the quality of Dart of the existing 0J roadway. As with most devolopments of this nattire, the developu installed the first lift of bituminous pavement, in anticipation of se,11ing off the lots cand gene -rating reyenue, The re nue Banimig from (iii gtuiiere Iii gour tuorld. 0 tukutu.2i stmiturghanit-com ONLINE SAN KIHO C1111110 bill paying (D dace Click,) did not materialize, and the City Enginnis now advises that due to cracking in the first lift, the, scoond lift Griot be added without the likelihood of the. Gracks appearing oil the Second lift, That nicans that about 2000 litical feet of asphalt must be milled and Tepaved with two lifts, at aii estimated cost of tip to $300,000.00, The aspect of a public/private partnership of this nature, thftt diffbi,s from a normal partneyship is that the public does not really have to make a contribution of capital, Tho public investnient hi the form of special assessments is really akin to a loan, which is to be ropaid from project revelwes, and which has priority for repayment evon ahead of the banks that also incrike loans, The public does this with the expectation of ivaping the benefits of increased tax base, jobs and the convenience of nearby retail facilities. But the; developer ties all of fliQ real risk. This is statod not as it complaint, but as a fact of life. Every cloveloper knows this risk going in to a deal, and no one expected the Gi-ecrit Recession to be as deep or Eis havinfOl as it has been. In a normal partnorship, whon tho revenue stops Coming 1,115 the partilors have to dig into their pockets to keel) the par nefship afloat. 1wii the poekds are ompty, the partnership sinks, The Oreat River Centre project has reached the stage wbete the great wol"glif of the real ostate taxes and speoial assessments now ffireaten to scuttle the development, We, are proposing a program to reotify this situation, involving the public sector onee again, not ras an inve9tor, but as a rscum We believe we have doveloped crt plan that will bvnefit both the City -Und the Comity, and impose no burden on the taxpayers, We hope that the City will consider this proposial crind work with the lenders and the developer to stabilize the project. Pi,esent Status At the present time, the hvelopor is under a contractual obligation to the City to pay the histallments of special assessnionts that arc due on May 15, 2013. The banks lisave issued a letter of oredit for $300,000,00 to guarmitee that obligation. he letter of orodit expires on June 30, 2013. Another way of putting. this is that if thu developor does not n1, -rake the instalhiienfs, the banks will turn over $300,000.00 to the City on receipt of ca timely claim un&. -r the letter of credit. In the pa8t, the City has applicd these prclyme,11-ts to (issessnients, not to real estato taxes or to proie'Qt cost -s, It is extremely unlikely that tho devoloper will be able to indepmdently raise the hinds to mako the spring instcallment, The banks have reaohed a decision flial if this happens, Ificy will not r(-.-,iicw the letter of credit, an(l will honor a properly made ch -din on the existing letter of credit. DefiquIt Outlot A, GRC 3"Addition the "Undeveloped Aemage") is an undcveloped parcel consisfing of about 14 aores. It sits alojigside T.H. 101 and has excollent visibility from the freeway. However, any commerci-al development will complete with Clic existing plawd lots for buyers, 1 w piece of recal and industrial or high density residenflal use has not be oxplored, It is ra prin estate best owned by can entity ealxrible of holding it un it it is ripe for do-velopmont, The true Value is not rcalty known and may depend on the approved mage for the parcel, We brave received a brand now appraisal estinicating fair magi valve, at $5.35 per sqiiare foot, P,rt of the marl etimg problem as we see it is that the tax dclinqttent stattis stands as a beacon to potential It i buyers, advortisng a distress situation that wakcs it appear that the lots should cappy fire -sale prices. The sittiation also does iiot tend to instill confidwico in tho financial viability of the projects a Whole. I While a developor defrault is cortainly possible, we prefer to remam posifivc for the time being, but we believe that the ThideveloPed Parcel is the key tole pin the overall project froin fiffling into tax forfeiture, We bave, devised a proposal that we thhA bonefits the City and the County. P1,0posal Otir Proposal is to request that the City re -assess the. project, shifting all of the, present cissessnient's) interest and penalties to the Undeveloped Parcel crind to Lot 2, Block 3 of CIRC 2`0 Addition, a lot of 2.7 acres that lies on die south side of NE 87"' Street, smithoast of the Target store (tho "2.7 Acre Parcel"). This wild involve about $1,5 million in total assessnients to bo levied against the thidevclop ed Parcel and the 2.7 Acre Parcel, by ragreetucjit w1fli the Developer. At $5,35 per square foot over the 16.62 acres proposed, equates to —$ 3,875,000 in Value, The participating bars would then -advanoe all of the mirrontly dolinquent wal estate traxes '111 Rill, through tax year 2012, This would include all of the interest and penalties that have aCUUM on taxes and assessnients. This is a crash outlay of abmit $ 8 14,000.00, In addition, the lenders would advance, about $753,000 to pay the 2013 tercil estate taxes on the Unduveloped Parcel, and also mi the 2.7 Acro Parcel. At this time, the, developer would deed the Undeveloped Parcel and the 2.7 Acre Parcel to the City, to hold until such time wid for such purposes as tho City deenned appfopriate. If the, City were to immediately find a buyer for the two pc-trcels at $1.5 million, there would be 011011 Rinds to pay up the assessments in full, Any increased price would bo profit to the City, to covet, ongoliig interest accruals or other holding costs, The batiks wovId releaso the Undeveloped Rcreel and the 2.7 Acre Parcel from the liell of its mortgage's, SC that the two parce-Is would be No and clear of all enownbrances except for the assessments k The deed Could EIISO R111 10 tin EDA if tho City ma atahis such an wifity. We, wmild also ask that tho $300,000,00 Letter of Credit be modiflod, so that we may its those Rinds toward the reconstruction of the, road. Five, of the six parcels will bu lax-forfelt in J11A a few months, and if that happens the assessniciits are eliminated, subject to the right of the City to rc-asscm Part of otic logic is tbat if there is to be a ro-assessment ariy";cay, why iiot load the assessments on the Undevclopcd Lot and the 2.7 dere parcel wbioll have the acrea-ge Tull VC11110 to absorb those ass essinctit s? The eiid produd of our prof)salis alit the. City will hold a wriluable devolopmeDt assot for iio cash outlay, and recover all of its assessments in tho future, also calurl"jig wheatoiler addilional equity ovists or which subsequently develops, Tho rewcaining parcels will be ciirrej)t in their tax obligations, and fliete will be sufficientfunds to finish the road paving, The 2013 taxes will be paid m the two conveyed parcels, and after 2013 they will be in municipal. ownership an(I not IP subject to the ongoing annual red eral estate tax burdon until returnto the private Sector for, development. The "fire, sale" aura now prosont due to the delinquencics will be remove(l, and more aggivissive marketing oars fake place We 1101)('2' Ille, City will Soriously comider this proposal, and look forward to meeting with YOU to discuss tho matter in morn (Ictail. on Jmivary 30, 2013. Sincerely, iic ritliaii K Dolphin, President 21't Century Bai�� - -_ -__ --- - --- -- . y dr �412 L Ir - r �J r- � • ! ,� ��. ,,: � i, - 1 � . - s. e' ,t_r_+j 75 �12 r ■ r d - _ , . ; ' a 1.. JT�# 'i r" � �g r �, �r *� 7 `-,4�g. �-�: ■ 1S , • e1 , f,F r i _-'a. I I QQ.�] ��''jj j � r a. l r . _ � i � , 1.,, . ��• ' r •. - r �-n, r� _ , -- i.. �^ i�r �� �. , , +, _ -_ � �,---i•J .'.. r� :. .l'• ! �_. _ ___ - , I1� , 1 r , '4'' - - �rr�"-••'�(.F �FJ��f-j[ yf 7. A TP. , ,^! 1-s k - �. ,� / L, ,J •1 }, _ � � L.r� f Ve- ��'r ' s� S ;`. •d � � � �. - r 1 -252-003010 ■ f _ j �J ,,ter 4 •� - - - �+ r ` 11� 1 1 r - �J tt a r € J yr € •,' i I -- • �- � , '.i' + ._. • , , ^•+N a._ =r _, - ,rs .. � F,Y„! � _. 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ME , �{'� 48,712-33 j�� ,��']�y }f�- ,�, � A- r, - -- - •� r `` _'-- `-- -- - -- is , � k R Li Y' _ - fir-. •. , - i.. - f .. _ ` - w r.rd..: o. - _ - ii {yyJ ■�yy, J.+�■ �j E r - �:. .. , _ : e a1i - r , + � .. � y '� . ,� )886.95 r' Int.. 139510.34 �:� _i+ 5 �,. v b i'- +� � � w �* •A. .r. d - s i � *}� , • -• ' '-, �' ._�- l . r _ ..... - I - .,� � � 1 �r, � _ .. +,r -t • ' S � i I - A ' i a� i". • '• ,L JF , 1• 88.60 Sy , " Y 'IL NEWTiiF - a �. 1 i I ' i -"- Yar . �iR :.�"-. lda fir o _ , , �.. __ Vit,. I -, Y..:•x', ■. .: ��-"-.• ..,-:, .i,- , ... I`-�., , �,r�r{�' �. _#.K.}• !" � , `■d f � - .� �_; �.�. +.■F_—a_�_._� Ria ry --=— - 8�-..�` OU , r, . --'�'t''.�i ..' +: -- , -. r`T. '°- r -` `, �- _ _ , .����__ �V..Y VJ�w__s�LKI ,_ _ 7i'i. r{+ -� y'.� Y# 1 ,{•k ,- . - r 1 , - �. € '^ ..i K , , . , L _ _ ,� . _ _ - ' • I . 6 ° ,. - I+ ' f+ ;ak9i ra,,.l 4 x r A Ilk AM 5 _16 .� K R ' ." t L 1 i I S e , .� S' q I ��e:_ �„ �*'� P� • , 118-252-002010 2--004010 •, -� 14 1 -3u,1 q, - t -"L- - ?' J' - - .. _ _ •� i ,1tiA fi,., d i _ 118-266-000010 Tic: `i [ , . • �5_ 'ate + � � ,� � . , s • tl ', ,. ,' S'' � � } t � �:. � • • ��� + F' LL �' 1 - •�'=a J. �_� • ` � • Spec.: $ 9 450.68$172,998-354, J� t , ,r, tip',,• e }` . -. •�.. t - R_ 1I- _ I jIL ,91 . 69 •{ - Pc:I r . ,'V Ai�^"I.. tY air, I _ ' - - ` �?-`4J' "r{}J� lJ - ; _-+•' t ':,� ' a _ ,}.. Tax: $108,449.68 , `s M1 _235921.12 � j . a ■�� , r4,'. „�� 'T�, -•r-� I�I��.�1 l�. `"J'9,54 1 5 - ;� r!. t5pe{�+ �� ,a:• 1 v�, �'1y $206,193.08 {l� $385$ 912.27 Pen. - _ .. -- ' - -! Ir Total , To tat , ,. _ . .yg. __ - --• - , I , iC� ' i ■ Bal.: $199,952.15 - Spl3 Bal.: i./ 751 ■11 16 },: + a {T� j . + _} j ' t - , �1 e r. _"�' +k■k ,� _ k�'` .. --:. .. '�"": _ - - - - - � • - ,y _ _ A _.k J 17,772.96 - - 7',.°I _ . y 1 K e r t . - . $280,476.27 Fr + W; .. 905-09 .t 74 r �• e - • .a. `• ', qac' - - -s , I; .. ', ,' `+� / ,�+ r a _ } r •. _." • r • , � { it i r .. � , _ , M , + Y `� . r. , l 0. �" d 1' i V. 101 ,. ,d,� � �. Lr �' - JyF--. .. _, ,._� r� - eP _$,. �r,- 1, , �.� - :_� `. kF ���1 ��� r - .,`i►..�L- _ X s4`tl�, + , �.+�..-. - - •, .,qK ,. F - r .- i + 7 , �h 850 2-2 +�s -+� • .�',�• � ,. ,'j,j(•'��r�•y 'f yl, r •++r�� �.l�j�.r , ti, d �'�����.�-..-Yr_--r.t,_�..-_•�.•, _ y { " ,.}��y t/'��, ,iJ�q+y��y�;��iF'-rj4�`�d��F�, R �. �.lJ� � 1�' � 1'O �� . ,r•' 9' -i !'P: • �� J RJ t.f .V iaa -'i9.r M}',,^!. S^ - .. •,1, V V L•..'4f .tel 4R 'b 1 M - . - ``? 7Wk Y i _ • Y • " ' y , . .. - ,.. Vit.'-}'�,''+"t-ti-� --:,` � 'S - � t,. (� - 5�' . 9 _ �. s- F �•}a, {'. y _ .. , . -., 1. - r Y L ` tir` 'I , n�,: +d r • ,. _ - V-14 U Ilk _5 019 Wright County Assessors Estimated Market Value PID Owner Acres Est. Market Value Est. Market Value/ f. 118-239-000090 APPELLO GROUP LLC 7.35 $844.,600-00 $2.64 118-252-002010 APPELLO GROUP LLC 5.14 $6511800.00 $2.91 118-252-003010 APPELLO GROUP LLC 4.46 $595,200.00 $3.06 118-252-003020 APPELLO GROUP LLC 2.72 $492,100.00 $4.x.5 118-252-004010 APPELLO GROUP LLC 8.73 $964,300.00 $2.54 118-266-000010 jAPPELLO GROUP LLC 13.91 $1.393,0700-00 $2.30 TOTAL I 42.31F—$4,941,700-001 $1,553,816.531 $2.68 Special Assessment Amounts Including Delinquent 2013 Payment and Remaining Balance PID Owner Acres Special Assessment Special Assessment /sf.- 118-239-000090 APPELLO GROUP LLC 7.35 $3181020.57 $0.99 118-252-002010 APPELLO GROUP LLC 5.14 $199.,952.15 $0.89 118-252-003010 APPELLO GROUP LLC 4.46 $175..026-57 $0.90 118-252-003020 APPELLO GROUP LLC 2.72 $105.0161.04 $0.89 118-252-004010 APPELLO GROUP LLC 8.73 $353,751-11 $0.93 118-266-000010 APPELLO GROUP LLC 13.91 $401;905.09 $0.661 TOTAL (not including penalties/interest) LI 42.311 $1,553,816.531 $0.841 1 r otTY 0 C1 kJ e F 0 MINNESOTA g MEMORANDUM TO: Mayor and City Council FROM: Gary Groen DATE: February 13, 2013 SUBJECT: Cash Flow Analysis of the 2006 Bond Issue Project Summary The General Obligation Improvement Bonds, Series 2006B totaling $5,985,000 were issued to finance the construction of Queens Avenue and the CSAH 42 improvements. (The bond issue was approved the same night as the $8,,875,000 bond issue to finance the water and sewer improvements in the southeast area of the City.) The bond issue was intended to be financed 0 with the special assessments against the benefitting properties, road development fees and general property tax levies. The following is a brief recap of the financing: The Queens Avenue improvements were to be financed by special assessments against the Dukeproperty and the road development/access fees for properties developed on the east side of Queens Avenue. The Duke property was assessed $533,930 for the Queens Avenue improvements. Road development fees charged to developers on the east side of Queens was intended to pay the balance. According to the financing schedule, the road development fees were intended to generate approximately $190,000 - $195,000 per year, Road development fees were $1,300 per lot at the time which would equate to approximately 60 acres per year or 150 lots paying road development fees each year, totaling nearly $2.91VI over 15 years. The CSAH 42 improvements were financed by special assessments levied against benefitting properties on both sides of CSAH 42 and the south side of CSAH 39. The assessments totaled $2.41VI of which $660,000 was deferred, and still is deferred, until rezoned for commercial development. e Apello Group LLC properties were originally assessed approximately $1,550,000, of which three parcels were sold for Klein Bank, Otsego Autocare and Twin Cities Orthopedic Clinic. The City received almost $150,000 for the sale of the two lots. @ Residential/farm properties on the west side of CSAH 42 and the south side of CSAH 39 were assessed $650,000. (Of this total one has been paid so the remaining deferred total approximately $600,000). All are deferred until rezoned. Approximately $200,000 was assessed against properties that are currently paying assessments. Where The City is Today The City has refinanced the 2006B Improvement Bond in two pieces; the $4,640,000 bond issue in 2011 and the $1,220,000 issue in 2010. The intent of the refinancing was to provide more time for the GC properties to be sold.. The road development fees anticipated with the development of properties east of Queens Avenue has not materialized and the status of the deferred assessments west of CSAH 42 has not changed. With the lack of road development fees and the deferred assessments west of CSAH 42, the lack of development activity in GRC has created a more immediate cash flow issue for the repayment of this bond issuethe lack of development in GRC has highlighted the cash flow problems of the bond issue. The City general property tax levies for the 2006 improvement bond issue to date total $678,680 for the years 2009 — 2013. (Revised slightly when the refinancing was completed. Went to more of an overall cash flow need. Levies —about $50,000 more than scheduled thru 2013). Cash Flow Worksheet Attached with this memo is a cash flow projection based on the current circumstances. The cash flow worksheet will also highlight the fact that the cash flow problems of this bond issue are not entirely the result of GC development. Also included in the cash flow worksheet is the last two years of the 2003 (85th Street) and the 2004 (Quaday) bond issues. The tax levy requirements are rolled in with the 2006 bond issue. With only two years remaining, the overall impact is minimal, except for the fact that there are $151,000 assessments deferred until development alonuaday Avenue. The attached cash flow worksheet does not include any payments from Apello/GRC or from any other assessments on properties that currently carry deferred special assessments. A brief explanation of each column in the worksheet follows: Columns I and 2 are the special assessment remaining to be collected on the 2003 Improvement Bond and the 2004 Improvement Bond. The bonds issues are included because both bond issues are completely paid in 2014. Quaday Avenue improvements include $151,000 in assessments that are deferred until development. Column 3 includes the current assessments being collected for the CSAH 42 improvements. These include the other businesses along CSAH 42 and 85th Street east of CSAH 42 except GRC/Apello and those that remain deferred. Column 4 is an estimate of the City's share of unpaid property taxes that are owed by the GC properties. This is included as a result of the recent bank proposal to pay up all delinquent property taxes. However, the taxes may or not be paid based on the continuing negotiations with the bank. Columns 5 — 7 are the debt service obligations remaining for each of the three issues rolled into this cash flow worksheet. The 2003 bond for 85th Street and the 2004 bond for Qnaday will be paid off in 2014. The 2006 bond extends to 2027 with the actual final payment date of 2/1/28, which was also the final maturity date of the original issue. The refinancing only shifted the schedule to delay the payment of principal on this issue. Column 8 is the road development fees that were intended to be paid from the development east of Queens Avenue. The road development fees were estimated based on 150 lots paying development fees annually. Because the fees have not been collected this becomes part of the City's obligation to finance the bonds. It is assumed that the road development fees will be replaced by a general property tax levy. Column 9 is the annual general property tax levy that was included in the original 2006 bond issue. Column 10 is the total for columns 8 and 9. Column 8 is included as part of the property tax levy since the road development fees have not been collected to date and there is no future development projected. Column 11 is the estimated additional general property tax levy necessary at this time to provide a positive cash flow to meet the City's debt service obligations, The projected City tax levy for 2014 and future years would include the total of columns 10 and 11 if there are no special assessments collected. Column 12 is the cumulative cash flow for the project. The cash flow worksheet does not include any G special assessments. Apello/GRC properties currently owe the following special assessments: Delinquent $674,225 2013 principal and interest $126,015 Future 2014- to final (principal only) $7539575 Total $1.1.553,814 The information in the current cash flow projection will change with the decision of Apello/GRC w any future development that occurs that may result in the payment of assessments or road development fees. fel [ C: 6 U cZ) u c .'0 c C' CU 4-J 0) I i... cr I 0 ' ai Ln 0 7 I LL I a- i Ln 4-, Ln o I m 0 LO CL- 0 N 4-1 CO�Rzt m G � d' r� w N � m 0 0 0 r-1% ci% 6 N %r� f �} c �""�"} ' n 3 to H C4 mm C) C7H rl w ';t m N m lfl Ln N H N % -%w. � � 6. rl 0 f%4 r� In I I 0 C7 0 0 C] 0 0 0 0 a 0 0 0 Q C7 0 0 00 00 00 0 0 m % d% 4 -% % A ti d%% % o Ln N -�. �. % ,. 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