HomeMy WebLinkAboutHousing & Redevelopment Authority Packet 06-24-2021Housing and Redevelopment Authority 1 of 2 June 24, 2021
CITY OF PLYMOUTH
AGENDA
Regular Housing and Redevelopment Authority
June 24, 2021, 7:00 PM
1. CALL TO ORDER
1.1 Instructions to Participate in the Virtual HRA Meeting
2. PUBLIC FORUM—Individuals may address the HRA about any item not contained on the regular
agenda. A maximum of 15 minutes is allotted for the Forum. If the full 15 minutes are not needed for the
Forum, the HRA will continue with the agenda. The HRA will take no official action on items discussed at
the Forum, with the exception of referral to staff for future report.
3. APPROVE AGENDA —HRA members may add items to the agenda for discussion purposes or staff
direction only. The HRA will not normally take official action on items added to the agenda.
4. CONSENT AGENDA —These items are considered to be routine and will be enacted by one motion.
There will be no separate discussion of these items unless HRA member or citizen so requests, in which
event the item will be removed from the Consent Agenda and placed elsewhere on the agenda.
4.1 Approve proposed HRA minutes
April 22 Regular
4.2 Accept Plymouth Towne Square monthly housing report
4.2
4.3 Accept Vicksburg Crossing monthly housing report
4.3
5. PUBLIC HEARINGS
6. NEW BUSINESS
6.1 Valor Place - Hennepin County Affordable Housing Incentive Fund
Valor Place - HCHRA AHIF Grant Agreement
Resolution 2021-11
7. UPDATES
8. ADJOURNMENT
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Housing and Redevelopment Authority 2 of 2 June 24, 2021 2
Regular
Housing and
Redevelopment
Authority
June 24, 2021
Agenda
Number:1.1
To:Housing and Redevelopment Authority
Prepared by:Tina Beckfeld
Reviewed by:Steve Juetten, Executive Director of HRA
Item:Instructions to Participate in the Virtual HRA Meeting
1. Action Requested:
The HRA Chair provides instructions to the public to participate in the Zoom meeting.
2. Background:
Housing and Redevelopment Authority meetings will be conducted virtually (via Zoom
webinar/conference call) due to the state of local emergency for the COVID-19 pandemic. Members
of the HRA and staff will participate in this meeting via telephone/video conference.
Watch the Meeting
To observe/watch the meeting, register online via Zoom.
Public Comments
Written comments: Comments may be submitted for inclusion in the HRA packet by emailing city
staff at gdempsey@plymouthmn.gov. You may also request that comments of up to one page be
read into the record.
Speaking during the meeting: The public may address the HRA regarding an item on the agenda via
Zoom conferencing service at no cost. Those who wish to speak must register online via Zoom and
indicate that they wish to provide public comment on an agenda item. Register via Zoom at:
https://us02web.zoom.us/j/84852625079?pwd=RzZzZU9CQ2hLWjNNZG9BT054L3dKdz09
Registration will remain open and monitored for the duration of the meeting.
3. Budget Impact:
N/A
4. Attachments:
3
Regular
Housing and
Redevelopment
Authority
June 24, 2021
Agenda
Number:4.1
To:Housing and Redevelopment Authority
Prepared by:Tina Beckfeld
Reviewed by:Steve Juetten, Executive Director of HRA
Item:Approve proposed HRA minutes
1. Action Requested:
Adopt attached minutes from regular HRA meeting held on April 22.
2. Background:
N/A
3. Budget Impact:
NA
4. Attachments:
April 22 Regular
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PROPOSED MINUTES
PLYMOUTH HOUSING AND REDEVELOPMENT AUTHORITY
April 22, 2021
MEMBERS PRESENT: Chair Michelle Soderberg, Commissioners Robert Huddleston,
Aqueelah Whitfield, Lucas Larson, and James Williams.
STAFF PRESENT: HRA Manager Jim Barnes and Permit Technician Michelle Bast.
OTHERS PRESENT:
ABSENT: Commissioners Jeff Kulaszewicz and Wayne Peterson.
1. CALL TO ORDER
Chair Soderberg called the Plymouth Housing and Redevelopment Authority meeting to
order at 7:01 p.m.
2. PUBLIC FORUM
Chair Soderberg opened and closed the Public Forum as there was no one present to
speak.
3. APPROVE AGENDA
MOTION by Commissioner Williams, seconded by Commissioner Whitfield, to
approve the Agenda. Roll Call Vote. 5 Ayes. MOTION passed unanimously.
4. CONSENT AGENDA
4.1. Approve proposed minutes from March 25, 2021
4.2. Plymouth Towne Square. Accept monthly housing reports
4.3. Vicksburg Crossing. Accept monthly housing reports
MOTION by Commissioner Huddleston, seconded by Commissioner Whitfield, to
approve the Consent Agenda. Roll Call Vote. 5 Ayes MOTION passed
unanimously.
5. PUBLIC HEARING
N/A
6. NEW BUSINESS
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Proposed Minutes
Plymouth Housing and Redevelopment Authority
April 22, 2021
Page 2
6.1. HRA Strategic Plan – Tenant Protection Ordinance
HRA Manager Barnes gave an overview of the staff report.
Commissioner Williams asked what factors determine the requirements of what
housing units are required.
HRA Manager Barnes replied that staff reviewed the composition of Plymouth’s
housing stock and determined the policy should focus on larger buildings. Staff is
proposing that the policy would be triggered if the property has at least 15 percent of
their units that are considered affordable.
Commissioner Huddleston said the trigger for this policy is the tenant providing notice
of termination not a rent increase of 1 ½ or 2 %.
HRA Manager Barnes responded it would be triggered if the rents were raised within
the 90-day period. The relocation compensation would apply if new ownership
increased rents and the tenant chose to give notice to terminate their lease.
Commissioner Huddleston asked if ‘each notice’ means any notice.
HRA Manager Barnes replied it affirmatively.
Commissioner Larson said his concerns are broader. He said these policies have great
purpose, meaning and intent. His concern is that if the HRA explores these further it
should be done diligently. He stated these ordinances are not number one and number
two priorities in the Strategic Plan. It appears the HRA is moving out of chronological
order. He suggested there be a study on the merits of the policies, the pros and cons,
which includes the direct and indirect costs and benefits of these policies.
Chair Soderberg asked if Commission Larson could suggest an action plan.
Commissioner Larson replied his concern is that the board is moving out of sequence.
He said the Commissioners should be on the same page. He is asking staff to do more
studies on the pros and cons of these before bringing these policies to the City Council.
He asked if these policies do what they are intended to and requested feedback for
what is working.
Commissioner Williams asked that best practices around the metro be considered. He
asked if the HRA should be discussing the benefits and detriments of these policies
before going to City Council.
HRA Manager Barnes explained staffs’ expectation was not to go forward with these
policies tonight. He clarified the purpose of bringing these items before the board is
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Proposed Minutes
Plymouth Housing and Redevelopment Authority
April 22, 2021
Page 3
to begin a discussion about them. He said staff anticipated the board would have
questions.
Chair Soderberg said staff should concentrate on the western corridor of Maple Grove,
Minnetonka, and Edina.
Commissioner Larson asked how best practice is defined and who determines what
that means. He cautioned to be careful as policies could have long term consequences.
Chair Soderberg stated it is important to be competitive with best practices.
Commissioner Larson said to consider the long-term supply and demand of housing
when deciding on policies. He said some cities who have policies like these are
difficult for developers to deal with.
Chair Soderberg reminded everyone the mission of the HRA is to create and maintain
affordable housing.
Commissioner Williams stated there is more information to gather to figure out what
makes sense for Plymouth.
HRA Manager Barnes said due to staffing limitations it is not possible to talk to all the
cities; he said the goal would be five to seven peer communities with a focus on the
western suburbs. He stated staff will get information to the board such as how long
have these communities had these ordinances and how many times these ordinances
have been used and what were the outcomes. He also said staff will have conversations
with apartment communities.
Commissioner Huddleston stated that the board should remember that the renter
protection ordinance is intended to protect tenants not developers or owners. He said
an open mind is needed and that this is meant to protect tenants at the risk of turning
off developers.
HRA Manager Barnes recapped the discussion and stated staff will go back and create
a set of questions of what we want to learn from other communities who either have
or do not have these policies. Staff will bring back the findings to the board for
discussion.
Commissioner Larson suggested talking to the building owners and/or tenants this
ordinance affected. He said all are stakeholders.
6.2. HRA Strategic Plan – Mixed Income Housing Policy
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Proposed Minutes
Plymouth Housing and Redevelopment Authority
April 22, 2021
Page 4
HRA Manager Barnes gave an overview of the staff report. He reminded the board
this is a discussion so that a draft may be formed. Staff is looking for what are the best
options for affordable housing. This policy would be triggered when financial
assistance is provided by the City or HRA. He said if the City or HRA provides
financial assistance then a percentage of the units would need to be affordable.
Currently, this occurs through negotiations with developers.
Chair Soderberg requested clarification on what type of financing would be asked for.
HRA Manager Barnes said TIF (tax increment financing) is most common, or it could
be a grant from the HRA reserves or private activity revenue bonds which occurs
sometimes with NOAH properties.
Commissioner Williams asked if we have all the information related to the pros and
cons.
Commissioner Huddleston comments 25 years is a long period of time. He asked if
there was an option for developers to pay money instead of including affordable
housing.
HRA Manager Barnes said Section V lists alternatives and offers options. He added
the dollar amount is not specified.
Commissioner Huddleston commented the ordinances from other cities define what
the alternatives are.
HRA Manager Barnes said if necessary, staff could spell it out.
Chair Soderberg asked about a provision that states what the money could be used for.
HRA Manager Barnes stated ideally there would be affordable housing. He said the
money paid by developers goes into a dedicated account to help future projects.
HRA Manager Barnes stated staff will be evaluating cities, with a concentration in the
western suburbs, that have and have not adopted policies to find out if they are
successful or not. He said information will be gathered about lost developments
because of the policy. He added staff will talk to developers about the impact of such
policies.
6. UPDATES
Cranberry Ridge
Element
8
Proposed Minutes
Plymouth Housing and Redevelopment Authority
April 22, 2021
Page 5
Valor Place
Vicksburg Crossing window project
7. ADJOURNMENT
MOTION by Chair Soderberg, with no objection, to adjourn the meeting at 7:47 p.m.
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Regular
Housing and
Redevelopment
Authority
June 24, 2021
Agenda
Number:4.2
To:Housing and Redevelopment Authority
Prepared by:James Barnes, HRA Manager
Reviewed by:Steve Juetten, Community Development Director
Item:Accept Plymouth Towne Square monthly housing report
1. Action Requested:
Accept attached Plymouth Towne Square monthly housing report.
2. Background:
Plymouth Towne Square Monthly Report.
3. Budget Impact:
NA
4. Attachments:
4.2
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Regular
Housing and
Redevelopment
Authority
June 24, 2021
Agenda
Number:4.3
To:Housing and Redevelopment Authority
Prepared by:James Barnes, HRA Manager
Reviewed by:Steve Juetten, Community Development Director
Item:Accept Vicksburg Crossing monthly housing report
1. Action Requested:
Accept attached Vicksburg Crossing monthly housing report.
2. Background:
Accept Vicksburg Crossing monthly housing report.
3. Budget Impact:
NA
4. Attachments:
4.3
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Regular
Housing and
Redevelopment
Authority
June 24, 2021
Agenda
Number:6.1
To:Housing and Redevelopment Authority
Prepared by:James Barnes, HRA Manager
Reviewed by:Steve Juetten, Community Development Director
Item:Valor Place - Hennepin County Affordable Housing Incentive
Fund
1. Action Requested:
Approve the resolution accepting a grant from Hennepin County and authorize the Executive
Director and Board Chair to execute the related documents in substantially the same form.
2. Background:
The Valor Place project was approved by the Council on April 13, 2021. The Plymouth HRA applied to
Hennepin County for financial assistance for the project in the amount of $100,000 and in May of
2021, the County approved financial assistance in the amount of $75,000 from their Affordable
Housing Incentive Fund.
The HRA Board approved funding in the amount of $600,000 in January with the idea that the amount
could be lowered if alternative funding was secured.
This funding will assist the Plymouth HRA in providing two affordable housing units for veterans and
their families. The project is currently under construction with the anticipation of moving new
families into the homes on November 11, 2021.
3. Budget Impact:
There is no direct impact to the HRA budget. By accepting this grant, the HRA will free up already
committed funds to the Valor Place project to be used for future affordable housing projects or
programs.
4. Attachments:
Valor Place - HCHRA AHIF Grant Agreement
Resolution 2021-11
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Hennepin County Housing and Redevelopment Authority Contract No. PR00003348
Affordable Housing Incentive Fund Program
GRANT AGREEMENT
This Agreement is between the Hennepin County Housing and Redevelopment Authority,
(“HCHRA”),a public body corporate and politic under the laws of the State of Minnesota, having its
principal office at 701 Fourth Avenue South, Suite 400, Minneapolis, MN 55415, and Housing
and Redevelopment Authority in and for the City of Plymouth, Minnesota (“CONTRACTOR”),
a public body corporate and politic under the laws of the State of Minnesota, whose address is 3400
Plymouth Boulevard, Plymouth, MN 55447.
WHEREAS, the CONTRACTOR submitted an application to the Affordable Housing Incentive
Fund (“AHIF”) program for financial assistance in completion of a housing development project with
2 affordable rental units prioritized for veteran households with annual gross incomes at or below
50% of the area median, as determined by the U.S. Department of Housing and Urban Development
(“Project”) located in Plymouth, MN on property legally described in Exhibit 1 (“Premises”).
WHEREAS, by Resolution No. 21-HCHRA-0016, the HCHRA authorized AHIF funding of
Seventy Five Thousand Dollars ($75,000.00) to CONTRACTOR for the Project (“AHIF Funds”), the
proceeds of which are to be used for activities as described in Exhibit 2 (the “Activities”), as
authorized by resolutions of the Hennepin County Housing and Redevelopment Authority Board of
Commissioners for the purpose of implementing eligible activities under the AHIF program, and
applicable rules, regulations, and guidelines promulgated by federal, state and County authorities.
WHEREAS, the purpose of this Agreement is to provide for cooperation between the HCHRA and
CONTRACTOR, as the parties to this Agreement, in implementing these Activities and to set forth the
terms and conditions under which said Activities shall be implemented.
WHEREAS, The HCHRA and the CONTRACTOR are authorized and empowered to enter into this
Agreement by Minnesota Statutes §§ 469.001 to 469.047, 469.192, and 383B.77, and other applicable
law.
NOW, THEREFORE, in consideration of the mutual covenants and promises hereinafter set forth, the
HCHRA and CONTRACTOR hereto agree as follows:
1. Term and Cost of the Agreement. The CONTRACTOR agrees to complete the Activities
for the Project by December 31, 2022. The HCHRA agrees to contribute an amount not
to exceed Seventy-Five Thousand Dollars ($75,000.00)to CONTRACTOR for
reimbursement of the Activities.
2. Eligible Activities. CONTRACTOR shall use all funds received under this Agreement for
completion of the Activities in accordance with the Application submitted by
CONTRACTOR to the HCHRA. CONTRACTOR shall be solely responsible for
securing all additional funds needed for completion of the Activities and the Project.
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3. Payment. Payment shall be made directly to the CONTRACTOR upon the presentation
of a claim in the manner provided by law governing the HCHRA’s payment of claims
and/or invoices. CONTRACTOR shall submit documentation of expenses, proof of
payment, and a completed incurred expenses form, Exhibit 3 attached hereto or similar
format. Invoices must provide clarity on the amount billed for the Activities and proof of
payment shall include copies of checks and/or lien waivers, as requested by HCHRA.
Payment shall be made within thirty-five (35) days from receipt of the invoice and proof
of payment.
4. Documents. The HCHRA shall make no disbursement of Grant Proceeds to
CONTRACTOR prior to having received copies of the following documents and records
needed to ensure that CONTRACTOR has complied with all terms and conditions set
forth in this Agreement:
A. Certified Resolution of Board of Commissioners of the CONTRACTOR,
authorizing the execution of this Agreement.
B. Copy of a valid and fully executed purchase agreement or deed for the Premises.
C. Documentation that all financing has been approved and secured for the total
projected development costs.
D. A sources and uses statement indicating the total of all Project costs.
E. Certificates of insurance evidencing the following insurance policies as well as
endorsements to the policies naming the HCHRA as an additional insured, each of
which shall be placed with an insurer licensed to transact business in the State of
Minnesota with a Best’s rating of A- or better, and shall be accompanied by
evidence from the insurer of payment of premiums for the policies for insurance
coverage specified in section 8.
F. Documentation of compliance with applicable zoning ordinances, building and use
restrictions.
G. Copies of any environmental audits and reports that identify the existence or
potential existence of any asbestos, urea-formaldehyde insulation or other toxic or
hazardous substances on, about or beneath the surface of the Property;
H. City Council Resolution approving the HCHRA funding of the Project by the
municipality in which the Project is located.
I. Copies of other grant documents and other documentation providing for all
additional funds necessary to pay all Project Costs.
J. Copies of any other documentation required by the terms of this Agreement to be
provided at closing.
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5. Independent Contractor. CONTRACTOR shall select the means, method, and manner of
performing the services. Nothing is intended or should be construed as creating or
establishing the relationship of a partnership or a joint venture between the parties or as
constituting CONTRACTOR as the agent, representative, or employee of the HCHRA
for any purpose. CONTRACTOR is and shall remain an independent contractor for all
services performed under this Agreement. CONTRACTOR shall secure at its own
expense all personnel required in performing services under this Agreement.
CONTRACTOR’s personnel and/or subcontractors engaged to perform any work or
services required by this Agreement will have no contractual relationship with the
HCHRA and will not be considered employees of the HCHRA. The HCHRA shall not be
responsible for any claims related to or on behalf of any of CONTRACTOR’s personnel,
including without limitation, claims that arise out of employment or alleged employment
under the Minnesota Unemployment Insurance Law (Minnesota Statutes, chapter 268) or
the “ Minnesota Workers” Compensation Act (Minnesota Statutes Chapter 176) or
claims of discrimination arising out of state, local or federal law, against
CONTRACTOR, its officers, agents, CONTRACTORs, or employees. Such personnel
or other persons shall neither accrue nor be entitled to any compensation, rights, or
benefits of any kind from the HCHRA, including without limitation, tenure rights,
medical and hospital care, sick and vacation leave, workers’ compensation,
unemployment compensation, disability, severance pay, and retirement benefits.
6. Indemnification. Each party shall defend, indemnify, and hold harmless the other party,
its present and former officials, officers, agents, volunteers and employees from any
liability, claims, causes of action, judgments, damages, losses, costs, or expenses,
including reasonable attorney’s fees, resulting directly or indirectly from any act or
omission of either party, a subcontractor, anyone directly or indirectly employed by them,
and/or anyone for whose acts and/or omissions they may be liable in the performance of
the services required by this Agreement, and against all loss by reason of the failure of a
party to perform any obligation under this Agreement. For clarification and not
limitation, this obligation to defend, indemnify and hold harmless includes but is not
limited to any liability, claims or actions resulting directly or indirectly from alleged
infringement of any copyright or any property right of another, the employment or
alleged employment of a party’s personnel, the unlawful disclosure and/or use of
protected data, or other noncompliance with the requirements of the provisions set forth
herein. Notwithstanding any other term, covenant or condition of this Agreement, both
parties’ liability under this Agreement of any claim of any nature or any cause of action
against the other party, by any person or party, is limited to the liability limits set forth in
Minnesota Statutes, Chapter 466.
7. Duty to Notify. CONTRACTOR shall promptly notify HCHRA of any claim, action,
cause of action or litigation brought against CONTRACTOR, its employees, officers,
agents or subcontractors, which arises out of the services described in this Agreement.
CONTRACTOR shall also notify HCHRA whenever CONTRACTOR has a reasonable
basis for believing that CONTRACTOR and/or its employees, officers, agents or
subcontractors, and/or HCHRA, might become the subject of a claim, action, cause of
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action, administrative action, criminal arrest, criminal charge or litigation arising out of
and/or related to the services described in this Agreement.
8. Insurance. In order to protect the CONTRACTOR and those listed above under the
indemnification provisions, the CONTRACTOR agrees at all times during the term of
this Agreement and beyond such term when so reasonably requested by the HCHRA, to
keep in force, or to cause an affiliated entity or contractor to keep in force, the following
insurance coverages:
A. Commercial General Liability on an occurrence basis with contractual
liability coverage, the below of which are permitted to be covered by
Umbrella Liability:
Limits
General Aggregate $2,000,000
Products Completed Operations Aggregate $2,000,000
Personal and Advertising Injury $1,500,000
Each Occurrence – Combined Bodily Injury
and Property Damage $1,500,000
B. Worker's Compensation and Employer's Liability:
Limits
(1) Workers' Compensation Statutory
(2) Employer's Liability. Bodily injury by:
Accident - Each Accident $500,000
Disease - Policy Limit $500,000
Disease - Each Employee $100,000
C. Professional Liability - Per Claim $1,500,000
Aggregate $2,000,000
The professional liability insurance must be maintained continuously
for a period of two years after the expiration, cancellation or
termination of this Agreement.
An umbrella or excess policy is an acceptable method to provide the required commercial
general insurance coverage.
In the event that the HCHRA determines that the above coverages and limits or any other
insurance coverages and limits become insufficient, CONTRACTOR agrees that it will
furnish within thirty (30) days, alternative coverages or increased limits reasonably
requested by the HCHRA.
9. Data Privacy and Security.
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A. CONTRACTOR, its officers, agents, owners, partners, employees, volunteers and
subcontractors shall, to the extent applicable, abide by the provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes, chapter 13 (MGDPA) and all other
applicable state and federal laws, rules, regulations and orders relating to data or the
privacy, confidentiality or security of data, which may include the Health Insurance
Portability and Accountability Act of 1996 and its implementing regulations (HIPAA).
For clarification and not limitation, County hereby notifies CONTRACTOR that the
requirements of Minnesota Statutes section 13.05, subd. 11, apply to this Agreement.
CONTRACTOR shall promptly notify HCHRA if CONTRACTOR becomes aware of
any potential claims, or facts giving rise to such claims, under the MGDPA or other data,
data security, privacy or confidentiality laws, and shall also comply with the other
requirements of this Section.
Classification of data, including trade secret data, will be determined pursuant to
applicable law and, accordingly, merely labeling data as “trade secret” by
CONTRACTOR does not necessarily make the data protected as such under any
applicable law.
B. In addition to the foregoing MGDPA and other applicable law obligations,
CONTRACTOR shall comply with the following duties and obligations regarding
County Data and County Systems (as each term is defined herein). As used herein,
“County Data” means any data or information, and any copies thereof, created by
CONTRACTOR or acquired by CONTRACTOR from or through HCHRA pursuant to
this Agreement, including but not limited to handwriting, typewriting, printing,
photocopying, photographing, facsimile transmitting, and every other means of recording
any form of communication or representation, including electronic media, email, letters,
works, pictures, drawings, sounds, videos, or symbols, or combinations thereof.
If CONTRACTOR has access to or possession/control of County Data, CONTRACTOR
shall safeguard and protect the County Data in accordance with generally accepted
industry standards, all laws, and all applicable County policies, rules and direction. To
the extent of any inconsistency between accepted industry standards and county policies,
rules and directions, CONTRACTOR shall notify HCHRA of the inconsistency and
follow HCHRA direction. CONTRACTOR shall immediately notify HCHRA of any
known or suspected security breach or unauthorized access to County Data, then comply
with all responsive directions provided by HCHRA. The foregoing shall not be construed
as eliminating, limiting or otherwise modifying CONTRACTOR’s indemnification
obligations herein.
10. Records – Availability/Access. Subject to the requirements of Minnesota Statutes section
16C.05, subd. 5, the HCHRA, the State Auditor, or any of their authorized
representatives, at any time during normal business hours, and as often as they may
reasonably deem necessary, shall have access to and the right to examine, audit, excerpt,
and transcribe any books, documents, papers, records, etc., which are pertinent to the
accounting practices and procedures of CONTRACTOR and involve transactions relating
to this Agreement. CONTRACTOR shall maintain these materials and allow access
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during the period of the Agreement and for six (6) years after its expiration, cancellation
or termination.
11. Merger, Modification and Severability.
A. The entire Agreement between the parties is contained herein and supersedes all oral
agreements and negotiations between the parties relating to the subject matter. All
items that are referenced or that are attached are incorporated and made a part of this
Agreement. If there is any conflict between the terms of this Agreement and
referenced or attached items, the terms of this Agreement shall prevail.
CONTRACTOR and/or HCHRA are each bound by its own electronic signature(s) on
this Agreement, and each agrees and accepts the electronic signature of the other
party.
B. Any alterations, variations, modifications of provisions of this Agreement shall only
be valid when they have been reduced to writing as an amendment to this Agreement
signed by the parties. Except as expressly provided, the substantive legal terms
contained in this Agreement including but not limited to Indemnification, Merger,
Modification and Severability, Default and Cancellation/Termination or Minnesota
Law Governs may not be altered, varied, modified or waived by any change order,
implementation plan, scope of work, development specification or other development
process or document.
C. If any provision of this Agreement is held invalid, illegal or unenforceable, the
remaining provisions will not be affected.
12. Default and Cancellation/Termination.
A. If CONTRACTOR fails to perform any of the provisions of this Agreement, fails to
administer the work so as to endanger the performance of the Agreement or otherwise
breaches or fails to comply with any of the terms of this Agreement, it shall be in
default. Unless CONTRACTOR’s default is excused in writing by HCHRA, HCHRA
may upon written notice immediately cancel or terminate this Agreement in its
entirety. Additionally, failure to comply with the terms of this Agreement shall be
just cause for HCHRA to delay payment until CONTRACTOR’s compliance. In the
event of a decision to withhold payment, HCHRA shall furnish prior written notice to
CONTRACTOR.
B. If CONTRACTOR materially changes the project design for motor vehicle,
pedestrian, bicycle, transit, parking, lighting, or public realm improvements otherwise
not provided for in the application materials, it shall be in default. CONTRACTOR
must immediately notify the HCHRA in writing of any material change. Unless
CONTRACTOR’s default is excused by the HCHRA, the HCHRA may upon written
notice immediately cancel this Agreement in its entirety. The HCHRA at its option,
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after sixty (60) days prior written notice to CONTRACTOR, may declare any
payments made to the CONTRACTOR to be due and payable in full.
C. Either party’s failure to insist upon strict performance of any provision or to exercise
any right under this Agreement shall not be deemed a relinquishment or waiver of the
same, unless consented to in writing. Such consent shall not constitute a general
waiver or relinquishment throughout the entire term of the Agreement.
D. This Agreement may be terminated with or without cause by either party upon thirty
(30) days’ written notice.
13. Survival of Provisions. Provisions that by their nature are intended to survive the term,
cancellation or termination of this Agreement do survive such term, cancellation or
termination. Such provisions include but are not limited to: SERVICES TO BE
PROVIDED (as to ownership of property); INDEPENDENT CONTRACTOR;
INDEMNIFICATION; INSURANCE; DUTY TO NOTIFY; DATA PRIVACY AND
SECURITY; RECORDS-AVAILABILITY/ACCESS; DEFAULT AND
CANCELLATION/TERMINATION; and MINNESOTA LAW GOVERNS.
14. Contract Administration. In order to coordinate the services of CONTRACTOR with the
activities of the HCHRA so as to accomplish the purposes of this Agreement, Simran
Aryal, Contract Administrator, or successor, shall manage this Agreement on behalf of
the HCHRA and serve as liaison between HCHRA and CONTRACTOR.
15. Notices. Unless the parties otherwise agree in writing, any notice or demand which must
be given or made by a party under this Agreement or any statute or ordinance shall be in
writing and shall be sent registered or certified mail. Notices to the HCHRA shall be sent
to the Executive Director with a copy to the address stated in the opening paragraph of
this Agreement. Notice to CONTRACTOR shall be sent to the address stated in the
opening paragraph of this Agreement or to the address stated in CONTRACTOR’s Form
W-9 provided to the HCHRA.
16. Reporting. CONTRACTOR shall submit a compliance report for the Project, including
the income and household size of the tenants, and the rent schedule,to HCHRA annually,
with an annual deadline for submission to be determined by the HCHRA, beginning in
2022 and every year thereafter for the term of this Agreement.
17. Conflict of Interest. CONTRACTOR affirms that to the best of CONTRACTOR’s
knowledge, CONTRACTOR’s involvement in this Agreement does not result in a
conflict of interest with any party or entity which may be affected by the terms of this
Agreement. Should any conflict or potential conflict of interest become known to
CONTRACTOR, CONTRACTOR shall immediately notify the HCHRA of the conflict
or potential conflict, specifying the part of this Agreement giving rise to the conflict or
potential conflict, and will advise the HCHRA whether CONTRACTOR will or will not
resign from the other engagement or representation. Unless waived by HCHRA, a
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conflict or potential conflict may, in HCHRA’s discretion, be cause for cancellation or
termination of this Agreement.
18. Displacement, Relocation, and Acquisition. CONTRACTOR shall take all reasonable
steps to minimize displacement of persons as necessary for implementation of the
Activities. CONTRACTOR shall conduct all such acquisitions in its name, or in the
name of another eligible organization acceptable to the HCHRA which shall hold title to
all real property purchased. CONTRACTOR shall prepare all notices, appraisals, and
documentation required in conducting acquisition under the latest applicable regulations
of the Uniform Relocation Assistance and Real Property Acquisition Act of 1970, section
104(d) of the Housing and Community Development Act of 1992, and provide all
relocation notices, counseling, and services.
19. Recognition of Hennepin County. In recognition of HCHRA funding support,
CONTRACTOR agrees to include the Hennepin County logo on project site signage and
project website. If project signage references other government financing programs on
the project sign, CONTRACTOR shall include a reference that financing was provided in
part by the Hennepin County Affordable Housing Incentive Fund.
20. Assignment. This Agreement may not be assigned, pledged, or transferred without the
prior written consent of the HCHRA.
21. Compliance and Non-Debarment Certification.
A. CONTRACTOR shall comply with all applicable federal, state and local statutes,
regulations, rules and ordinances currently in force or later enacted.
B. CONTRACTOR certifies that it is not prohibited from doing business with either
the federal government or the state of Minnesota as a result of debarment or
suspension proceedings.
22. Minnesota Laws Govern. The laws of the state of Minnesota shall govern all questions
and interpretations concerning the validity and construction of this Agreementand the legal
relations between the parties and their performance. The appropriate venue and jurisdiction
for any litigation will be those courts located within the County of Hennepin, state of
Minnesota. Litigation, however, in the federal courts involving the parties will be in the
appropriate federal court within the state of Minnesota.
23. Housing Quality Standards and Property Requirements.CONTRACTOR shall maintain
the Premises, at a minimum, to meet HUD’s Housing Quality Standards, and maintain
compliance with all applicable ordinances, building and use restrictions, code-required
building permits, and any requirements with respect to licenses, permits, and agreements
necessary for the lawful use and operation of the Premises for the duration of this
Agreement.
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24. Equal Opportunity and Fair Housing. CONTRACTOR shall comply with all federal, State,
and local laws, executive orders, and implementing rules and regulations set forth to ensure
that no person shall on the grounds of race, color, national origin, religion, handicap,
familial status, creed, marital status, sex, or sexual orientation be excluded from
participation in, be denied the benefits of, or be subjected to discrimination under any
program or activity funded in whole or in part with AHIF Funds. These requirements
include:
a. The Fair Housing Act, as amended and implementing regulations issued at 24 CFR
Part 100;
b. Executive Order 11063, as amended by Executive Order 12259, "Equal
Opportunity in Housing," and implementing regulations issued at 24 CFR Part 107;
and
c. Title VI of the Civil Rights Act of 1964 and implementing regulations issued at 24
CFR Part 1.
d. The Minnesota Human Rights Act, Chapter 363A of the Minnesota Statutes.
25. Non- Discrimination Based on Disability. When and where applicable, CONTRACTOR
shall comply with, and make best efforts to have its third-party providers comply with,
Public Law 101-336 Americans with Disabilities Act of 1990, Title I "Employment," Title
II "Public Services" - Subtitle A, and Title III "Public Accommodations and Services
Operated by Private Entities" and all ensuing federal regulations implementing said Act.
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HCHRA BOARD AUTHORIZATION
Reviewed for HCHRA by
the County Attorney's Office:
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{{ N_es_:signer3:fullname}}
{{ ttl_es_:signer3:title}}
{{ Dte_es_:signer3:date}}
Reviewed for HCHRA by:
{{Sig_es_:signer4:signature}}
{{ N_es_:signer4:fullname}}
{{ ttl_es_:signer4:title}}
{{ Dte_es_:signer4:date}}
Board Resolution No:
{{*BoardResolution_es_:signer4:brs}}
Document Assembled by:
{{Sig_es_:signer1:signature}}
{{ N_es_:signer1:fullname}}
{{ ttl_es_:signer1:title}}
{{ Dte_es_:signer1:date}}
{{Exh_es_:signer1:attachment:label("Attachments")}}
HENNEPIN COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY
STATE OF MINNESOTA
By:
{{Sig_es_:signer6:signature}}
{{ N_es_:signer6:fullname}}
Chair of Its Board
{{ Dte_es_:signer6:date}}
ATTEST:
{{Sig_es_:signer7:signature}}
{{ N_es_:signer7:fullname}}
Deputy/Clerk of County Board
{{ Dte_es_:signer7:date}}
By:
{{Sig_es_:signer5:signature}}
{{ N_es_:signer5:fullname}}
Executive Director
{{ Dte_es_:signer5:date}}
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CONTRACTOR
CONTRACTOR warrants that the person who executed this Agreement is authorized to do so on
behalf of CONTRACTOR as required by applicable articles, bylaws, resolutions or ordinances.*
By:
Signature: __________________
Name: Michelle Soderberg
Title: Plymouth HRA Chair
Date: ___________________
Signature:____________________
Name: Steve Juetten
Title: HRA Executive Director
Date: ___________________
*CONTRACTOR represents and warrants that it has submitted to HCHRA all applicable
documentation (articles, bylaws, resolutions or ordinances) that confirms the signatory's
delegation of authority. Documentation is not required for a sole proprietorship.
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EXHIBIT 1
LEGAL DESCRIPTION
Confirm
Lot 1, Block 1, Valor Place, Hennepin County, Minnesota
And
Lot 2, Block 1, Valor Place, Hennepin County, Minnesota
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EXHIBIT 2
ELIGIBLE ACTIVITES
ELIGIBLE ACTIVITIES
Real estate development hard and soft costs, including acquisition and holding costs.
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EXHIBIT 3
HRA Contract: # PR00003348 Grant Termination Date: Dec 31, 2022 Date of Request:
Reimbursement Request Number:Requested Amount:Time Period Covered:
Project Name: Valor Place
Eligible Activities Per Contract Grant Total Previous
Requests
Current
Requests
Requests To
Date
End Balance
Total
Grantee: Grant Award:
Project Manager:This Request:
Title:Remaining Balance:
Phone:
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HOUSING AND REDEVELOPMENT AUTHORITY OF THE
CITY OF PLYMOUTH, MINNESOTA
RESOLUTION NO. 2021-___
RESOLUTION APPROVING THE GRANT AGREEMENT WITH HENNEPIN COUNTY HOUSING AND
REDEVELOPMENT AUTHORITY FOR VALOR PLACE
WHEREAS, the Housing and Development Authority of Plymouth, Minnesota (“Plymouth
HRA”) is building a twin home in Plymouth called Valor Place to offer affordable housing for U.S.
military veterans; and
WHEREAS, the Plymouth HRA submitted an application to the Hennepin County Housing and
Redevelopment Authority (“Hennepin HRA”) for grant funding from the Affordable Housing
Incentive Fund (“AHIF”) for the construction of Valor Place; and
WHEREAS, the Hennepin HRA has accepted the application and has offered Plymouth HRA a
$75,000.00 grant for the construction of Valor Place.
NOW,THEREFORE,BEITHEREBYRESOLVED by the Housing and Redevelopment Authority
for the City of Plymouth, Minnesota that:
1. Plymouth HRA is authorized to accept the $75,000.00 grant from the Hennepin HRA for
the Valor Place in order to provide additional affordable housing in Plymouth.
2. The Grant Agreement is approved and the Chair and the Executive Director are
authorized and directed to sign the Grant Agreement.
APPROVED AND ADOPTED this _____ day of _________________, 2021, by the Housing and
Redevelopment Authority of Plymouth, Minnesota.
Michelle Soderberg, Chair
Steve Juetten, Executive Director
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