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06-626Council File #��_ Green Sheet # 3G�/ �L.� � RESOLUTION A{NT PAUL, MINNESOTA a8 Presented by 1 — RESOLUTION APPROVING THE 2 ESTABLISHMENT OF A TA.X INCREMENT FINANCING DISTRICT, 3 THE ADOPTION OF A 4 TAX INCREMENT FINANCING PLAN 5 AND THE AMENDMENT OF A REDEVELOPMENT PLAN 6 (PENFIELD PROJECI� 7 BE IT RESOLVED by the City Council of the Ciry of Saint Paul, Minnesota (the "City") as 8 follows: 9 Section 1. Recitals 10 1 A1 The Housing and Redevelopment Authority of the City of Saint Paul, Minnesota (the 11 "Authority") has heretofore established the Seventh Place Redevelopment Project Area (the "Project 12 Area") and has adopted a redevelopment plan therefor (the "Redevelopment Plan") pursuant to Minnesota 13 Statutes, Sections 469.001 to 4b9.047, as amended. 14 1.02 The Authority has asked the City Council to approve the amendment of the Redevelopment 15 Plan and the creation of the Penfield Redevelopment Tax Increment Financing District as a redevelopment 16 tax increment financing district under Minnesota Statutes, Section 469.174, Subdivision 10 (the "Ta�c 17 Increment Financing DistricY'), and the adoption of a Tax Increment Financing Plan therefor, all pursuant 18 to and in accordance with Minnesota Statutes, Secfion 469.174 through 469.1799 (the "Ta�c Increment 19 Act"). 20 1.03 'Phe AuthoriYy has perforxned all actions required by law to be performed prior to the 21 amendment of the Redevelopment Plan and the creation of the T� Increment Financing District and 22 adoption of a T� Increment Plan therefor, including, but not limited to, notification of the Ramsey County 23 Commissioner representing the area of the County in which the Tax Increment Financing District is 24 located, and delivering a copy of the Ta�c Increment Financing Plan to Ramsey County and Independent 25 School District Number 625, which have ta�cing jurisdiction over the property to be included in the TaY 26 Increment Financing District. The Authority has requested that the City approve the amendment of the 27 Redevelopment Plan and the adoption of the Tax Increment Financing Plan and the creation of the TaY 28 Increment Financing District following the holding of a public hearing upon published and mailed nofice 29 as required by law. 30 Section 2. Findin�s far the Creation of the T� Increment Financinq District and Adontion of 31 Tax Increment Financing Plan therefor and the Amendment of the Redevelopment Plan. 32 2.01 The City Council hereby finds that the amendment of the Redevelopment Plan, the creation 33 of the Tax Increment Financing District and adoption of the Ta�c Increment Financing Plan therefor, are 34 intended and, in the judgment of the City Councii, its effect will be, to carry out the objectives of the 35 Redevelopment Plan and to create an impetus for the clearance of blighted structures and the construction ��O'/o�i�o 36 of new for sale housing, including related structured pazking, and will otherwise promote certain public 37 purposes and accomplish certain objectives as specified in the Redevelopment Plan and Tas Increment 38 Financing Plan. 39 2.02 The City Council hereby finds that the amendment of the Redevelopment Plan, the creation 40 of the TaY Increment Financing District and the adoprion of the Tas Increment Plan are intended, its effect 41 will be, to carry out the objectives of the Redevelopment Plan by creating an impetus for the 42 redevelopment of blighted structures and the development of housing facilities in the City and otherwise 43 promote public purposes and accomplish certain objecfives as specified in the Redevelopment Plan and 44 Tas Increment Financing Plan. 45 2.03 The City Council hereby finds that the Tax Increment Financing District qualifies as a 46 "redevelopment district" within the meaning of the Tas Increment Act for the following reasons and 47 because the following conditions are reasonably distributed throughout the Taac Increment Financing 48 District: 49 The Tax Increment Financing District is, pursuant to Minnesota Statutes, Section 50 469.174, Subdivision 10(a)(1), a"redevelopment district" because it consists of a project or 51 portions of a project within which one or more of the following condirions, reasonabiy 52 distributed throughout the District, exist: (a) pazcels consisting of at least 70% of the area 53 of the District are occupied by buildings, streets, u6lities, paved or gravel parking lots, or 54 other similaz structures; and (b) more than 50% of the buildings not inciuding outbuildings, 55 located within the Ta�c Increment Financing District are "shucturaily substandard" (within 56 the meaning of Minnesota Statutes, Section 469.174, Subdivision 10(b)) to a degree 57 requiring substantial renovation or clearance. The buildings are structurally substandard 58 because they contain defects in structural elements or a combination of deficiencies in 59 essential utilities and faciliries, light and ventilation, fire protection including adequate 60 egress, layout and condirion of interior partitions, or similar factors, which defects or 61 deficiencies are of sufficient total significance to justify substantial renovation or clearance. 62 In addifion, the costs of bringing the structurally substandazd buildings into compliance 63 with building codes applicable to new buildings would exceed 15% of the cost of 64 construcring new structures of the same size and type on the sites. The "structurally 65 substandard" buildings are not in compliance with the building code applicable to new 66 buildings, and the costs of modifying such buildings to satisfy the building code is more 67 than 15 percent of the cost of constructing a new structure of the same square footage and 68 type on the site. 69 The reasons and support facts for these deternunations are set forth in a report dated 70 January 16, 2006 prepared by Short, Elliot, and Hendrickson, Inc., a copy of which is on file 71 with the Executive Director of the HRA, and which is incorporated herein by reference in 72 its entirety. 73 The City Council hereby makes the following additional findings: 74 (a) The City Council further finds that the proposed development, in the opinion of the 75 City Council, would not occur solely through private investment within the reasonably foreseeable Db-G�G '16 77 � 1 . : : .� : :. . :: :� . . . 94 95 96 97 98 99 100 101 102 103 104 105 106 107 108 109 110 111 112 113 114 future and, therefore, the use of tas increment financing is deemed necessary. The specific basis for such finding being: The property on which the development will occur would not be developed in the reasonably foreseeabie futuze because of the presence of a substandard buiiding and the cost of demolition and renovation of that building. (b) Far purposes of compliance with Miuuesota Statutes, Section 469.175, Subdivision 3(2), the City Council hereby finds that the increased market value of the property to be developed within the Ta�c Increment Financing District that could reasonably be expected to occur without the use of taY increment financing is less than the increased mazket value estimated to result from the proposed development (i.e., $110,286,60Q) after subtracting the present value of the projected taY increments for the masnnum duration of the Tas Increment Financing District (i.e., $12,690,198). The current market value of the properiy in the Tax Increment Financing District is approximately $3,560,000, and with t� increment financing the mazket value of the property will increase by $110,286,600 to approximately $113,846,600. In making these findings, the City Council has noted that the properiy has not been developed far many years and wouid likely remain so if tas increment financing is not available. Thus, the use of tax increment financing will be a positive net gain to the City, the School District, and the County, and the t� increment assistance does not exceed the benefit which will be derived therefrom. (c) The City Council fiuther finds that the Tax Increment Financing Plan conforms to the general plan for the development or redevelopment of the City as a whole. The specific basis for such finding being: The Tax Increment Financing Plan will generally compliment and serve to implement policies adopted in the City's comprehensive plan. The housing development contemplated by the Tax Increment Financing Plan is in accordance with the City's comprehensive plan. (d) The City Council further finds that the Tu� Increment Financing Plan will afford maYimum opporiunity consistent with the sound needs of the City as a whole for the development of the Tas Increment Financing District by private enterprise. The specific basis for such finding being: The proposed development to occur within the TaY Increment Financing District is primarily for high density sale housing including related structured parking. The proposed development will increase the taYable market valuarion of the City and expand the available housing facilities by approximately 304 units of for sale housing facilities. (e) The City elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, subd. 3(a). 1.02. The provisions of this Section 1 are hereby incorporated by reference into and made a part of the Tax Increment Finaneing Plan. A copy of the TaY Increment Financing Plan is attached hereto as Exhibit A and is incorporated herein by reference in its entirety. b� ���� 115 Section 3. Crearion of the Tax Increment Financing District. Approval of the Tu� Increment i 16 Financin� Plan and Amendment of the Redevelopment Plan. 117 118 119 120 121 122 123 124 3.01. The creation of the Tax Increment Financing District, the Amendment of the Redevelopment Plan and the Tazc Increment Financing Plan are hereby approved. 3.02. The staff of the HRA and the HRA's advisors and legal counsel are authorized and d'uected to proceed with the implementation of the Amendment to the Redevelopment Plan and the establishment of the Tas Increment Financing District and the TaY Increment Financing Plan and for this purpose to negotiate, draft, prepare and present to the Boazd of Commissioners of the HRA for its consideration all further plans, resolutions, documents and contracts necessary for this purpose. Bostrom Hazris Adopted by Council: Date � �°° �"°y ""'°°` geque� ^by partment of: ✓ � A i\ � #�%,hh�`�n« a.�ct �c��,�,ti� �eve�p�+�t,rf- � By: �.v�°�'QlPis'v� RJ� 4' Adop6on Certified by Council Secretary By: � '' p�t_ Approved b� M�gpi Date �P ?�� \1/ BY� /� Form By: Form By: � Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet Green Sheet � PE — P�a�og&EconomicDevelapment j '12.RJN-O6 � Contact Person 8 Phone: � �' I Dan Smith I ' Z �'`�� ; Assign , Must Be on Council Agenda by (pate): I Number , 21-JUN-06 ` For i ' Routing � Order ' ContractType: ; RE-RESOLUT70N �/So'tO��P ; Green Sheet NO: 3031004 i no..a.r..�...,� SnnfTnDmm�n i��naimare � 0 Plaonine&EconomicDweloo 1 yl unine & Eco " Dev lon � D n rtrneM D' ector �,�� 2 '� Attor � Ci A m r 1' 3 M vor' Offi M o/ASS' ta t � 4 'C ncil C5ri C nn il 5 'G5N G9 k � C'ro Ge k ' Total # of SignatUre Pages _(Clip All Locations for Signature) Action Requested: Resolurion approving the establishment of a TIF Dishict adopting a TIF Plan and amending a Redevelopment Plan for the Penfield Project. idations: Approee (A) or Reject (R): Planning Commission CIB Committee CiHI Service Commission rersona�service aon[rac[s mustp�nswerme rouowmg uuesnons: 1. Has this persoNfirtn e�er worked under a contract for this department? Yes No 2. Has this persoNflrm eeer been a city employee? Yes No 3. Does this person/firtn possess a skill not no�mally possessed by any cunent city employee? Yes No Explain all yes answers on separate sheet antl attaGh to green sheet Initiating Problem, Issues, Opportuniiy (Who, What, When, Where, Why): � The HRA Boacd approved a Development Agceement for the Penfield Peoject on the Public Safety Building Property in Maroh That AgreemenE commits $9.6 Million in TIF to the Project. This action is required in order to set up a TIF district under State law. Advantages !f Approved: Disadvantages If Approved: Disadvanta9es H Not Approved: Total Amount of Transaction: FUnd'mg Source: ; Financiallnformation: (Explain) I CosURevenue Budgeted: Activdy Number: June 13, 2006 2:06 AM Page 1 f�'�o.�� TENTH AMENDMENT TO REDEVELOPMENT PLAN FOR THE SEVENTH PLACE REDEVELOPMENT PROJECT AREA ORIGINAL APPROVAL BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CTI'Y OF SAINT PAUL: November 16, 1978 FIRST AMENDMENT APPROVAL: NOVEMBER 5, 1981 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL SECOND AMENDMENT APPROVAL: JANUARY 28, 1982 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL AND THE CITY OF SAINT PAUL TAIRD AMENDMENT APPROVAL: MAY 25, 1983 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAII�T PAUL AND THE CITY OF SAINT PAUL FOURTH AMENDMENT APPROVAL: MARCH 25, 1985 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL AND THE CITY OF SAINT PAUL FIFTH AMENDMENT APPROVAL: NOVEMBER 9, 1989 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL AND THE CITY OF SA1NT PAUL SIXTH AMENDMENT APPROVAL: MAY 28, 1997 SY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL AND THE CITY OF 5AINT PAUL SEVENTA AMENDMENT APPROVAL: SEPTEMBER 24, 1997 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF 5AINT PAUL AND THE CITY OF SAINT PAUL EIGHTH AMENDMENT APPROVAL: APRIL 12, 2000 BY THE HOUSING AND REDEVELOPMENT AUTAORITY OF THE CITY OF SAINT PAUL AND THE CITY OF SAINT PAUL 1905316v1 ' i / / NINTH AMENDMENT APPROVAL: DECEMBER 6, 2000 BY THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL AND THE CITY OF SA1NT PAUL This document was drafted by: BRIGGS AND MORGAN (MMD) Professional Association 2200 West First National Bank Building Saint Paul, Minnesota 55102 1905316v1 TENTA AMENDMENT TO REDEVELOPMENT PLAN FOR � ��� SEVENTH PLACE REDEVELOPMENT PROJECT AREA SECTION 1. BACKGROiJND AND PURPOSE The Housing and Redevelopment Authority of the City of Saint Paui, Miunesota (the "Authority") has heretofore established the Seventh Place Redevelopment Project Area (the "Redevelopment Project Area") and adopted a Redevelopment Plan therefor (the "Redevelopment Pian") pursuant to Minnesota Statutes, Secrions 469.001 to 469.047 (the "Housing and Redevelopment Authority AcY'). The Authority proposes to amend the Redevelopment Plan to eniarge the Redevelopment Project Area by adding property which is the site of the former public safety building, which property is legally described below (the "Property"). The Property is to be redeveloped into approximately 304 housing units. One of the objectives of the Redevelopment Plan is to encourage the development of high density housing. The original Redevelopment Project Area and the Property to be added to the Redevelopment Project Area will conect or prevent the emergence of blighted land and deteriorated azeas under the Minnesota Statutes, Section 469.002, Subdivision 14. SECTION 2. AMENDMENT Secfion 2.1 Addition of Propert�to the Redevelopment Proiect Area. The description of the Redevelopment Project Area in Section A is hereby amended to include the following property: "All of Block 6, Robert and Randall's addition and all of Block 11 of Lamprey's Subdivision of Robert and Randa1P s addition to Saint Paul, Ramsey County, Minnesota." Secrion 2.2 Effect of Amendments Except as heretofore and herein amended and supplemented, the Redevelopment Plan remains in full force and effect. 1905316v1 / � c 0 �o � m ti� �4 \ � � � Q 0 � � � � � �N �� �a � c � � � o m � � g 'o Ud � \,: x � �r �. .. ,, . \�Y ��O ���� FINAL DRAFT TAX INCREMENT FINANCING PLAN for the estabiishment of the PENFIELD REDEVELOPMENT TAX INCREMENT FINANCING DISTRICT (a redevelopment district) HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF SAINT PAUL RAMSEY COUNTY 5TATE OF MINNESOTA Approved by City Council: June 21, 2006 (proposed) Adopted by Authority: June 28, 2006 (proposed) This docuxnent was drafted by: BRIGGS AND MORGAN (MMD) Professionai Association 2200 First National Bank Bldg. Saint Paul, MN 55101 (651) 80&6625 1905324v1 6�'(0� � TABLE OF CONTENTS (for reference purposes only� TAX I�i tCREIvtENT FINANCING PLAN FOR THE pENFIELD REDEVELOPMENf TAX INCREMENT FINANCING DISTRICT Section 1. Section 2. Section 3. Secrion 4. Section 5. Section 6. Section 7. Section 8. Section 9. Section 10. Section 1 l. Section 12. Section 13. Section 14. Section 15. Section 16. Section 17. Section 18. Section 19. Section 20. Section 21. Section 22. Section 23. Secrion 24. Section 25. Secrion 26. Section 27. Section 28. EXHIBIT A EXHIBIT B EXHIBIT C EXHIBTT D Pa2e Fo reword........................................:............:.......... ... ..........1 . .................................. Stahrtory Authority ..........................: ..........................1 ........................................... Statementof Objectives .............................. .............................................. 1 ............. Redevelopment P1an Overview ....................... .................................... 2 ................... Parcel to be Included in Tax Increment Financing District ................................... 2 Parcels to be Acquired ................. ........ 2 ..................................................... ............ Development Activity in Tas Increment Financing District far which Contracts have been Signed ........................... ........................................................ 3 Other Specific Development Expected to Occur within Redevelopment Area................................................... . . ................................................................... 3 Estimated Cost of Project; Ta�c Increment Financing Plan Budget ....................... 3 Estimated Amount of Bonded Indebtedness ................. ,..,,,,,.,,.,,. 3 .......................... Sources of Revenue ................... . .. .......................................................................... 3 Estimated Captured Tas Capacity and Estimate of Taic Increment ....................... 3 Type of TaY 7ncrement Financing Disfrict ............................................................. 4 Duration of Tax Increment Financing District .............:. ....................... 4 ................. A ternate Estimates of the Impact of the Taa� Increment Financing on the Net Tax Capacities of All Ta7cing Jurisdictions ..................................................... 4 Modification of Tax Increment Finaneing District and/or Tax Increment Financing Plan ............................. . ..... 5 . ................................................................... Modifica�ons to Taz� Inerement Financing District ............................................... 5 Admiuistrative Expenses ............... ........... 6 ............................................................. Limitation of Tncrement ................................ ......................................................... 6 Use of Tax Increment ................. ............................................................. Norification of Prior Planned Improvements ......................................... ............... 8 ExoessTas Increments .......................................................................................... 8 Requirements Pox t��eements with Developers .................................................... 9 Other Limitarions on the Use of Tax Increment ...........:........................................ 9 CountyRoad Costs .......:...................................................................................... 10 Assessment Agreements ................. .._.........10 ........................................................: Administration of the T'ax Increment Financing District ..................................... 11 Financial Reporting Requirements ......:............................................ .....11 .............. ax Increment Financing Plan Budget .............................................................. A-1 Projeeted Ta:c Increments ............... ....... . ....................................... B-1 ......... Fiscal and Economic Impact on Other Tazing Jurisdictions ..................: Map of TaJC Increment Financing District ............:...... ....... .. G 1 ...................................... D-1 -i- D� ��� THE PENFIELD REDEVELppME TAX IN REMEN'T FIi�rANCING DISTRICT Section 1. Foreword. The Housing and Redevelopment Authority of the City of Saint Paui 14linnesota (t1�e "�A and its staft ����� have prepazed the followiug infozmation for the establishment of a redevelopment tax increment financing � ��e "Tax Increment Financing District"). The Tax Increment Financing District is located within the Seventh place Redevelopment Project Area lieretofore established by the HRA (the "RedeveIopment Project Area"). Section 2. Statutorv Authorit�.. There exist areas within the City af Saint Paul, Minnesota (the "City") where public involvement is necessary to cause devalopment to occur. To this end, the HRt� has certain statutory powers pursuant to Minnesota .gtatutes Section 469.001 to 469.047 (the "HRA Law") and.Minnesota Statutes, Section 469.174 through 469.1799 (the "Tax Increment Financing AcY' or "TIF Act"), to assist iu financing public costs related to a redevelopment project. Section 3. Statement of Obiectives. The Tax Increment Financing District consists of one city block and adjacent and intemat rights-of-way. The T� Increment �inancing Dishict is being created to facilitate the redevelopment of a substandard building by the construction of new for sale housing, including relatirig shuctured parlcing (collectively, the "Project"). The taic increment financing plan is expected to achieve the objectives outlinefl in the Redevelopment Plan for the Redevelopment Project Area by the construction of high density housing. The following are some of the objectives being facilitated by the Tax Increm�nt ginancing pian. A• Provide Housin for Saint Paul Residents. The available housing for residents in the Project A.rea will be �panded when aPProXimately 304 units of for sale housing aze constructed. B• To Redevelo Underused Pro The Tax Increment Financing District contai�s one building that is structurally substandard. In arder to encourage new development in the area, remove and prevent the emergence af blight and blighting influences, tax increment financing must be used to encourage the redevelopment of the site. C• Exnand the Ta�c Base of the Cit� of Saint Paul. It is expected that the taYable market value of pazcels in the Tax Increment Financcing District wili increase by approximately $123,846,600 as a result of the new development, considering the current ta�-exempt status of such parceis. Tf the parcels were assumed to be t��ble, then the taYabie market value inerease would be $110,286,60Q. The activities contemplated in the Redevelopment Plan and this Ta� In� Financing Plan do not preclude the undertaking of other qualified development or redevelopment activities. These activities are anticipated to occur over the life of the Tax Increment District and the Redevelopment Project. i9osazavi a�-��� Section 4. Redevelovment Plan Overview. 1• Property to be Acc}uired — The City intends to vacate the parcel in the Tax Inci'ement Financing District to the HRt�. The HRA will then sell the property to a.private developer for redevelopment. 2• Relocation - if necessary, complete relocation sen�ices aze available pursuant to Minnesota Statutes, Chapter 117 and other relevant state and federallaws. 3• The HItA may sell or assist the developer with the cost of acquisition of PrOP��s w�th� Tax Increment Financing District, or may lease land or faeilities to a developer. Section 5. Pazcel to be Included in Tax Increment Financin District . The following parcei located in the City of Saint Paul, Ramsey County, Minnesota is to be included in the Taic Increment Financing District: PID Number Address 3 1-29-22-43-0006 101 East Tenth Street Including all interior and adjacent pubiic streets and rights of way. A map showing the property- to be included in the Tasc Increment District is attached hereto as E�ibit D. FURTHER INFORMATION RECzARDING THE IDE1�3'I`IFICATIOIV OF THE PARCEL TO BE INCLUDED IN THE TAX iNCREMENT gII�rANCING DISTRICT CAN BE OBTAII�ED FROM THE EXECUTIVE DIItECTOR OF THE HItA. Section 6. Pazcels to be Ac �'red. The HRA may acquire and finance a1T or a part of the costs of acquisition of all or a portion of the parcel idenrif ed in Section 5 of this Taz� Increment Financing plan. T'he gRA maY �so acquire parcels in the City which are outside the Tas Increment District in order to encourage the development of affordabie rental housing facilities as anticipated by Section 24, paragraph 4 hereof. Prior to acquiring any parcels with tax increments in excess of the percenfages pemlitted by M}nnesota Statutes, Section 469.176, subd. 5� the HRA will enter into an agreement with a private developer for the development of the parcels which will provide recourse to the FiRA if the development is not completed. The HRA may use its powers of eminent domain to acquire parcels which it cannot obtain through private negotiation_ The HRA may acquire property by gift, dedication or direct purchase from willing setlers 2n order to achieve the objectives of the ta�c increment financing plan, Such acquisitions will be undertaken only when there is assurance of funding to finance the acquisition and related costs. 1905324v1 - �6 "�� l� Sectio4 7. Develo ment Activi in Tax Inc�.eme�� g��� Disfrict for which Contracts have been Si ed. The foIlowing contracts j�ave been or will be entered into by the HRA and the persons named below: A Develogment Agreement by and between the HRA and 11'� Street Assaciates LLC has or will be entered into in co�ection with tha purchase of the property located in the Tax In���t Disfrict and the construction of approximateIy 304 nnits of for sale housing and related structured parking (tt�e "Development"). The total development costs are estimated to be approximately $130,700,000, and the development is expected to be substantially completed by December 31, 2009. S�hon 8• Other S ecific Develo ment Ex ebted to Occur within Redevelo ment Area. The HRA does not anticipate that other fature de� in the Tax Increment Financing District will occur. Secrion 9. Estirimated Cost of Pro'est TaY Increment ginanc� plan Bud et, The HRA has determined that it will be necessary to provide assistance for certain public costs of the Development. To facilitate the Development within the Tax In�rement Pinancing District, this Tax Increment Financing P1an authorizes the use of tax increment financing to pay for a portion of the cost of certain eligible expenses. The estimate of public costs and uses of funds associated �th TaY increment Financing District is outlined on E�ibit A. The xRA may sPend tax increments or other revenues idenrified in Section 11 hereof in other azeas of the City. Any expenditure of taac increments outside the Tax Incretuent I7ishict will comply with the pooling limitations described under Seetion 24, paragraph 2� as modified by pat'agraph 4 thereof. Estimated costs associated with Tax increment Financing District are subject to change and may be reallocated between line items by a resolution of the HRA. The cost of ali activities to be financed by tha taz incr�e wi11 not exceed, without fornial modification, the budget for the tax increments set forth on E�ibit A. Section 10. Es6mated Amount of Bonded Indebfedness. The expenditures authorized by this Tax Inete��t g����g plan may be paid for either on a pay_asyouu-go basis or paid from the proceeds of tax increment revenue bonds or notes. If bonded indebtedness is issued by the HRA or the City, the principal amount of permanent long term finan�ing is estimated not to exceed $14,000,000. Section ll. Sources of Revenue. The costs ouflined in Section 9 above will be financed from proceeds of the sale of revenue bonds or notes, or on a pay as you go basis througb the annual collection of tax increments. Other sources of revenues to pay the costs include private ���g °b�� bY �e private deve2opers, 'I'fla mazket value upon completion of the Project is estimated to be approximately $113,846,600. Section 12. Estimated Ca tured Tax Ca aci and Esfimate of Tax Increment. '� property in the Tax In� District is currenfly tax exempt. If the property, were taxable, the HRA estimates the current tax capacity of Tas Increment Financing District would be aPPro�mately $35,600. - The captured ta� �apaclt� of Ta�c Incremenf Financing District, at the i9oss2a�i 3 C�6 (�b completion of development which is estimated to occur by January 2, 2010, is estimated to be $1,105,403. The HRA elects to retain all of the captured tax capacity to finance fhe costs of Tu� ��'�ment Financing District The HRA elects the method of tax increment computation set forth in Minnesota Statutes, Section 469.177, Subd. 3(a). Secfion 13. Type of Taic Increment Financin¢ Disirict. Tax Increment Financing District is a redevelopment distnct estabiished pursuant to Miimesota Statutes, Section 464.174, Subd. 10, clauses (a)(1} and (a){3). The TaY Increment Financing District contains one pazcel. The parcel is occupied since it meets the requirements of Section 469.174, Subd. 10(a)(i) in that at least 70% of the azea of this parcel is occupied by buiidings, streeEs, utilities, paved or gavel parking lots or similaz struetures. In addirion, there is oniy one buiiding located in the Tax Increment Financing District. The building is "struchually substandard" to a degree requii9ng substantial renovation or clearance. The "structurally substandard" building is not in compliance with the building code applicabie to new buildings, and the costs of modifying such building to satisfy the building code is more than 15 percent of the cost of constructing a new structure of the same square footage and type on the site. The reasons and support facts for these detemunations are set forth in a report dated January 16, 2006, prepared by Short Elliot Hendrickson, Inc., a copy of which is on file with tbe Executive Director of the IIRt�, The HI2A and the City kave deternvned that the proposed development of the'£ax Increment Finan�ing District would not reasonably be expected to occur solely through private investrnent within the reasonably foreseeable future and that the increased market value of the site that couId reasonably be expected to occur without the use of tax inerement financing would be less than the increase in the market value estimated to result from the proposed development after subtracting the present value of the projected tas increments for the maximum duration of the Tax Increment Financing District permitted by the Tax Increment Financing plan. Section 14. Duration of Tax Increment Financin District. The duration ofT� Incx'ement Financing Distzict will be 25 yeazs from the receipt of the first tas increment. The date of receipt of the first taY increment is expected to be the first half of 20Q9. Attached as Elchibit B is the projected receipt of tax increments from the Tae Increment Finaneing District. Section 15. Aitemate Esrimates of the Im act of the Taat Increment Financin on the Net Tax Capacities of All Taxing Jurisdictions. The impact of the Tax Increment Financing District on the Taxing Jurisdiation is set forth on Exhibit C. On the alternate assumption, thaf none of the estimated captiued tax capacity would be available to these taxing jurisdictions without the District, there would be no effect on the ot$er taXing jurisdictions, but upon the expiration or earlier terminafion of this portion of the Tax Increment Distdct, each taacing jurisdiction's tax capacity would be increased by the captured tax capacity, as it may be adjusted over that �e p�od. The estimated amount of tax increment that will be generated over the life of the Tas Tnox'ement District is approximately $36,818,888 assuiuing inflafion at 3.4% for 23 yeazs 1905324v1 - 4 . . �����i CO��n�mg in 2�12. The estimated amount of tax increment attributable to the School Dtshict and County levies is estimated to be approximately $9,944,791 and $14,701,142 respectively. It is not expected that the Tas Increment District will liave any impact on the need for new or improved pubiic infrastructure, other t� � �,���e paid for by tax increments or fr'om other public and private funds currently appropriated.- The impact on City provided services such as police and fire piotection aze.anticipated to increase only slighfly as a result of the Tax 7ncrement District. The Authority wiil provide atty additional infrastruchue requested bY the Counry or School District Section 15. Mc3ificatioa of TaY increment Financin District and/or Tax Increment F�an��Plan. No modifications to Tax Increment Financing District or the Tas Increment Financing plan have been made as of the date hereof. Section 17. Modifications to Taac Increment Financin District. In accordance with Mimxesota Statutes, Section 469.175, Suhd. 4, any: reduction or enlargexnent of the geographic area of the TaY Increment Financing District; 2• increase i� amount of bonded indebfedness to be incurred, including a deteimination to capitalize interest on debt if that deternunation was not a part of the original plan, or to increase or decrease the amount of interest on the debt to be capitalized; 3 • increase in the portion of the captured net talc capacity to be retained by the HRA; 4• inerease in total estimated talc inprement expenditures; or 5• . designation of addirional property to be acquired by the HRA, shall be approved upon notice and after the discussion, public hearing and findings required for approval of the original Tas Increment Financing Pian. The geographic area of the TaY Increment Fanancing District may be reduced, but shall not be enlarged afier five years following the date of certification of the original net tax capacity by tke Connty Auditor. The requirements of this paragraph do not appiy if (1) the only modification is elimination of pazcel(s) from the Tax Increment Financing District, and j2)(A) the current net taY capacity of the parcel(s) eliminated from the Tax Tncrement Financing District equals or exceeds the net Yax capacity of those parcet(s) in the Ta� Increment Financing District's original net ta� capacity, or (B) the HRp, agrees �at notwithstanding Minneaota Statutes, Section 469.177, Subd. 1, the original net tax capacity will be reduced by no more than the current net tax capacity of the parcel(s) eliminated from the Tax Increment Financing District. The HRA must notify the County Auditor of.any modificarion that reduces or enlarges the geographic area ofthe Tvc Increment Financing District ar the Redevelopment Project Area. ivossaa�i 5 ��O `�O�r (o Modifications to Ta�c Increment ginancing District in the form of a budget modi&cation or an expansion of the boundaries will be tecorded in the Tas Increment Financing Plan. Section 18. Administrative Ex�enses. In accordance with Minnesota gt��fes, Section 4b9.174, Subd. 14, and Mivuesota Statutes, Section 469.176, Subd. 3, administrafive expenses means ail expenditures of the HRA, other than: amounts paid for fhe purchase of land or amounts paid to contractors or others providing materiats and services, inc2uding azcluteciural and engineering services, directly connected with the physical development of the real property in the dishict; 2. relocation benefits paid to or services provided for persons residing or businesses located in the district; ar 3• amonnts used to pay interest on, fund a reserve for, or seil at a discount bonds issued pursuant to Minnesota Statutes, Section 4K9.178. Admiiustrarive expenses also include amounts paid for services provided by bond oounsel, fiscal consultants, and plamung or economic develonment cansultants. Tax increm�nt may be used"to pay any autkorized and documented adminisirative expenses for the Tax Increment Financing District up to but not to exceed 10 percent of the total taJC increment expenditures authorized by this Tax Increment Financing plan or the total t� inerement expenditures, whichever is less. Pursuant to Minnesota Statutes, Section 469.176, Subd. 4h, tax increments may be used to pay for the county's actual administrative expenses incurred in connecrion with the Ta�c increment Financing District. The county may require payment of those expenses by February IS of the year following"the year the expenses were incurred. PZUSUant to Minnesota Statutes, Section 469.177, Subd. 11, the counry treasurer sha11 deduct an amount equal to approximately thirty_six hundredths of one percent (.36%) of any t� increment distributed to the fIRA and the county treasurer shall pay the aznount deducted to the state treasurer for deposit in the state general fund to be appropriated to the State Auditor for the cost of financial reporting of tax increment finan��g �o�ation and the cost of examining and auditing authoriries' use of taY increment finaucing. Section 19. Limitation of Increment. Pursuant to Minnesota Statutes, Secrion 469.176, Subd. 1(a), no taic increxnent shall be paid to.the HRA for the Tax Increment Financing District after three (3) years from the date of cerEification of the original net tas capaeity value of the taxable property in the Tazc Inc� Financing District by the County Auditor unless within the three (3) year period: . 19053?Avl . 6 o�-��� (1) bonds have been issued pursuant to Minnesota-Statutes, Section 469178, or in aid of a project pursuant to any other law, except revenue bonds issued pursuant to Miimesota Statutes; Sections 469.152 to 469.1651, or (2) the HRA has acquired properiy within the Tax Increment Financing District, or (3) the HRA has consiructed or caused to be constructed public improvements within the T� Increment Financing District The tax increment p! edged to the payment af bon�'s and interest thereon �ay be dischazged and may be terminated if sufficient funds have been irrevocably deposited in the debt service fund or other escrow account held in trust for all outstanding bonds to provide for the payment of the bonds at maturity or redempfion date. Pursuant to Minneaota Statutes, Section 469.176, Subd. 6: if after four yeazs from the date of certificarion of the original net tax capacity of the tax increment financing district pursuant to Minnesota Statutes, Section 469.177, no demolition, rehabilitation or renovation of property or other site preparation, including qualified improvement of a street adjacent to a parcel but not installation of utility service including sewer or water.systems, has been commenced on a pazcel located within a tax increment finaticing dishict by the authority or by the owner of the parcei in accorciance with the tas increment financing plan, no additional tas increment may be taken from that parcel and the original net taY capacity of that parcel shall be excluded from the original net tax capacity o£the tax increment financing district. If the authoriry or the owner of the parcel subsequentty commenbes demolition, rehabilitarion or renovarion or other site preparation on that parcel inclading qualified improvement of a street adjacent to that parcel, in accordance with the tax increment financing plan, the authority shall certify to the county auditor that the activity has commenced and the county auditor shall certify the net ta�z capacity thereof as most recently certified by the commissioner of revenue and add it to the original net tas capacity of the taY increment financing district. The county auditor must enforce the provisions of this subdivision. For purposes of this subdivision, qualified improvexnents of a streeY aze limited to (1) construcrion or opening of a new street, (2) relocation of a street, and (3) substantial reconstruction or rebuilding of an existing street. Ssction 20. Use of Tax Increment. The HRA hereby deternuues that it will use 100 percent of the captured net tax capacity of taxable properiy located in the Tas Increment Financing District for the following purposes: to pay fhe principal of and interest on bonds used to finance a project; 1905324v1 , �i �i i 2. to finance, or otherwise pay the capital and aclministration costs of the Redevelopment Proj ect Area pursuant to the Minnesota Statutes, Secrions 469.001'to 469.047; 3. to pay for project costs as identified in the budget; 4• to finance, or othenvise pay for other purposes as provided in Mivnesota Statutes, Section 469.176, Subd 4; 5. to pay principal and interest on any loans, advances or other payments made to the HRA or for the bene£t of Redevelopment Proj ect Area by the developer; 6. to finance or otherwise pay premiums and otlier cosfs far insurance, credit enhancement, or other security guaranteeing the payment when due of principal and interest on taic increment bonds or bonds issued pursuant to the T� . Incrament Financing Plan or pursuant to Mirinesota Statutes, Chapter 462C and Minnesota Statutes, Sections 469.152 to 469.1651, or both; and 7. to accumulate or maintain a reserve securing the payment when due of the principal and interest on the taac increment bonds or bonds issued pursuant to Minnesota Statutes, Chapter 462C and Miimesota Statutes, Sections 469152 to 469.1651, or both, 'These revenues shall not be used to circumvent any levy limitations applicable to the HRA nor for other purposes prohibited by Minnesota Statutes, Secfion 469.176, subd. 4. Section 21. Notification of Prior Planned Improvements. The HRA shall, after due and diligent search, accompany its request for certification to the County Auditor or its norice of the TaY Incre�ent Financing District eniazgement with a listing of all properties within the Tax Increment Financing District or area of enlargement far which building permits have been issued during the eighteen (18) months immediately preceding approval of the TaY Increment Financing Plan by the municipality pursuant to Minnesota Statutes, Section 469.175, Subd. 3. The County Auditor shail increase the original value of the T'ax Increment Financing District by the value of improvements for which a building permit was issued. Seetion 22. Excess Taac Increments. Pursuant to Minnesota Statutes, Section 469.176, Subd 2, in any year in wluch the tax increment exceeds the amount necessary to pay the costs authorized by the Plan, including the amount necessary to canceT any tax Ievy as provided in Minnesota Statutes, Sectian 475.61, Subd, 3, the EiRA shall use the excess art�ount to do any of the following: prepay any outstanding bonds; 2• discharge_ the pledge of tuc increment therefor, 190532av1 $ �� ��� 3 • pay into an escrow account dedicated to the payment of such bond; or 4• retum the excess to the County Auditar for redistribution to the respective taxing jurisdictions in proportion to their local tax rates. In addition, the HRA map, subject to the limitations set forth herein, ehoose to modify the Plan in order to finance additional public costs in fhe Tax Incremenf gi�a��g Dish or Redevelopment Project Area. Section 23. Reauirements for Aeree��ts with Develoroers. The HRA wili review any proposal for private development to determine its conformance with the Redevelopment Plan and with applicable municipal ordinances and codes. To facilitate this effort, the following documents may be requested for review and approval: site plan, constractiott, mechanical, and electricaI system drawings, landscaping plan, grading and storm drainage plan, signage system plan, and any other drawings or narrative deemed necessary by the City to demonstrate the conformance of the development with city plans and ordinances. The HRA may aiso use the agreements To address other issues related to the development. Pursuant to Minnesota Statutes, Section 469.176, Subd. 5, no more than ten percent (10%), by acreage, of the properiy to be acquired in the Tax Increment Financing District as set forth in the Tax Increment Financing p1an shall at any 1i*ne be owned by the HRA as a result of acquisition with the proceeds of bonds issued pursuant to Minnesota Statutes, Section 469.178, without the HItt�, having, prior to acquisition in excess of ten percent (1 Q"/o} af the acreage, concluded an agreement for the development or redevelopment of the properiy acquired ang which provides recourse for the HRA should the development or redevelopment not be completed. Section 24. Other Limitations on the Use of Tax Increment. General Limitations, A11 revenue derived from tas increment shall be used in accordance with the TaY increment Financing plan, T'he revenues shall be used to finance, or otherwise pay the capital and admiiustration costs of the Redevelopment Project Area pursuant to the HRA Law; These revenues shall not be used to circumvent eJCisting levy limit law. No revenues derived from tax increment shall be used for the acquisition, construcfion, renovation, operation or maintenance of a building to be used primazily and regularly for conducting the business of a municipaliry, county, school district, or any ot�� l �� o fgovernment or the state or federal governmen�, or for a commons area u�ed as a public park, or a facility used for sociat, recreation or conference puiposes. This provision shall not prohibit the use of revenues derived from taY increments for the construction or renovation of a Parking structure. 2• Pooling Limitations. Except as otherwise provided in paragraph 4 below, at least seventy-five percent (75%) of taz� increments from the Ta� I�� Financing District must be expended on activiries in the Tax Increment ginancing District or 19 05324vI - � . � 9 �� ��� to pay bonds, to the extent that the proceeds of the bonds were used to finance activifies within said district or to pay, or secure payment of, debt service on �Tedit enhauced bonds. Not more than 25 percent of said tax inctements may be expended, through a development fund or otherwise, on activities outside of the T� ��'ement Financing District except to pay, or secure payment of, debt service on credif enhanced bonds. For purposes of appiying this restriction, all administrative expenses must be treated as if they were solely for activities outside of the TaY increment pinanci�g District. 3. Five Year Limitation on Commi{ment of Tax Inc=ements. Tu� increments derived from the Tax Increx�e�t gi�anc�g District shall be deemed to have satisfied the 75 percent test set forth in paragraph (2) above only if tfie five year rule set forth in Minnesota Statutes, Section 469.1763, Subd. 3, has been satisfied; and beginning witli the sixth year following ceitification of the Tax Increment Financing District, 75 percent of said ta�c increments that remain after expendihues pernutted under said five yeaz ru1e must be used only to pay previously commitment expenditures or credit enhanced bonds as more fully set forth in Minnesota Statutes, Section 469.1763, Subd. 5. 4• Expenditures Outside District. The Authority hereby elects to spend an addihonai ten percent of the tax increments on activities located outside the Tax Increxnent District as permitted by Minnesota Stztutes, Section 469.1763, subd. 2(d) provided that the expenditures meet the following requirements: (1) they are used exclusively to assist housing that meets the requirements for a qualified low-income building as defined in Secfion 42 of the Internal Revenue Code of 1986, as amended (the "Code"}; (2) they do not exceed the qualified basis of housing as de£ned u.n��. Section 42(c} of tiie Code less the amount of any credit allowed uuder Section 42 of the Code, and (3) they are used to (i) acquire and prepare the site for housing, n acquire, construct or rehabilitate the housing or (rii) make public improvements directly related to the housing, Section 25. Countv Road Costs. Pursuant to Minnesota Statutes, Section 469.175, Subd. 1 a, the county board may require the HRA to pay for all or part of the cost of coun.ty road improvements if, the proposed development to be assisted by taY increment will, in the judgment of the county, substanrialiy increase the use of county roads requiring construction of road improvements or other road costs and if the road improvements aze not scheduted within the next five yeazs under a capital �mprovement plan or other county plan, in the opinion of the HRA and consultants, the proposed development outliued in this Plan will have litCle or no impact upon county roads. If the county elects to use increxnenfs to improve county roads, it must notify the HRA with� �L.�, days of receipt of this Pian. 1 905324v1 � 1� b� �O�G Section 26. Assessment Aereements. Pursuant to Minnesota Statutes, Section 469.177, Subd. 8, the HRA may enter into an agreement in recozdable form with the developer of pmperty within the Tax Increment Financing District which establishes a minimum market value of the land and completed improvements for the duration of the Tas Increment Financing District. The assessment agreement shall be presented to the assessor who shall review the plans and specificarions for the improvements conshvcted, review the market value previously assigned to the laud upon which the improvements are to be constructed and, so long as the min;mum market value contaiued in the assessment agreement appear, in the judgment of the assessor, to be a reasonable estunate, the assessor may certify the minimum mazket value agreement. Secrion 27. Admimstration of the Tax Increment Financin� Disirict. .9dministration of the Tax Increment Financing District will be handled by the Executive Airector of the HRA. Section 28. Financial Renorting Reauirements. The HRA will comply with all reporting requirements of Mimiesota Statutes, Section 464.175, Subd. 5, 6 and 6a. 1905324v1 � " li b� ��,� Housing and Redevelopment Authorityof Saint Paul, Minnesota �bg q Tax Increment Financiog Ptan Budget � Narne of Disfid: Penfield � Type of District Redevelopment flistrict DuraSon of District 25 years following 1st coltection (1) Net of State Auilitar Deduction � I � i � � �i��� � Projected Tax Increments i9ossza�i B_1 Assumptions Report � - City of Saint Paul, Minnesofa Tax lncrement Financing (Redevelopment) Disfrict Penfield Projed {Pub6c Safety Building) - Scenacio F- 5113M EMV, 3.4°/, inflation, 95°{o Tax Rate TYPe of Tar Increment Finanang Disfict Mabmum Duration of TiF District P�qecfed Ce�cation Request Date DecerYffication Daie 6ase Estimated Market Value Taxabfe Estimated Market Value Curtent Original Net Taz Capacfly Original Net Tax Gapacity Once Taxabie Redevelopment 25 years from 1st increment 06/01/06 1?J31/33 (25 Years of increment) 2005/2006 53,053,000 $3,560,�00 easae on sale W eeve�oper 30 $as,soo Baed on 53.S6M ERM1 8 residrntia; homzsiead AssessmenVCotlection Year .I �i d 200612007 2007/2��8 2068(2069 26092050 2070i2011 Base Estimated Market Value $3,560,000 53,56Q000 $3,560,000 $3,S60,OOQ $3,560,OOa increase in Eslimated Market Value p 0 T3209,320 53,363,300 110,256,600 Total Esfirtrated Market Value Totai Net Tac Capaciiy 3,560,000 3,560,000 22,769 $35.600 $35,600 �228.2p'f City of SaiM Paul 28.935°0 RamseyCOUnbj � 43.41A°l� ' f5D r�625 29,365% Other 7.013% . to6af Ta�c Capacity Rate . 108.730% Finai 2005l2006 Flscal Disparitles Contribution From TIF Qistrict AdministraGVe Retainage P�cent (maximum = 10%) PooUng percent Bonds Bonds Daied � � Bond Issue @ EtigiWe Project Casis D.ODDO%a 10.00°b Q.00% Note (PawAS-You-Gol . � 311;2atQ tdoteDated 52f1Y2606 5'10,850,o00 Note Rate � 7,00°l0 S9�579,350 NoteAmount 51,637,600 Notes � - � . � 26°F, of value added in 2007, 50°� in 200&, witl� 100°/, value added and projear comp}ete in 2ppg e 56,923,300 � 113,&?&,600 �' $570,50'1 $1,t� BasW on 10p'h . projecred uie pnce p{ units and etl2 parking i Preparetl by: Spnngstetl Ittcapwated {printe8 on 5/22/2006 at 11:01 AM) TIF Scenario F 51'13M 3.4% Irtfi Penfield TIF Pian.xls Pssumptions u � p �� y �F — C � m u � m �� o GoA' c �.m.= � y N � SK m — 'n m a = a ' �'V "i�j YS � 0 W p LL O � 6 � V 0 m � E C • Q C LL L V, d O K L � m N F o 0 0� a m n^ o m m m � m� Q n c P e m � n� n o m f � o C o �+ N F � N n y 2 cV 0 � Pl vl C) N m P m p_ � LC C � t� m t 6 b u �� v� O h << O d C w . m M t� °i o� ` G Z � N F � C O O m O V t t� O 9 b N � h O C �[ � a O � d< P � % 0 3° O 1� y O o �� n n r0 m Y b m n b rD v. 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