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HomeMy WebLinkAbout2020-05-28 HRA Regular Meeting PacketAgenda Edina Housing and Redevelopment Authority City of Edina, Minnesota VIRTUAL MEETING Thursday, May 28, 2020 7:30 AMMake live testimony:800-374-0221, enter code 7394978. Watch meeting: https://www.edinamn.gov/746/Watch-a-City-Meeting or Facebook Live at https://www.facebook.com/edinamn/. I.Call to Order II.Roll Call III.Pledge of Allegiance IV.Approval of Meeting Agenda V.Community Comment During "Community Comment," the Edina Housing and Redevelopment Authority (HRA) will invite residents to share new issues or concerns that haven't been considered in the past 30 days by the HRA or which aren't slated for future consideration. Individuals must limit their comments to three minutes. The Chair may limit the number of speakers on the same issue in the interest of time and topic. Generally speaking, items that are elsewhere on today's agenda may not be addressed during Community Comment. Individuals should not expect the Chair or Commissioners to respond to their comments today. Instead the Commissioners might refer the matter to sta. for consideration at a future meeting. VI.Adoption of Consent Agenda All agenda items listed on the consent agenda are considered routine and will be enacted by one motion. There will be no separate discussion of such items unless requested to be removed from the Consent Agenda by a Commissioner of the HRA. In such cases the item will be removed from the Consent Agenda and considered immediately following the adoption of the Consent Agenda. (Favorable rollcall vote of majority of Commissioners present to approve.) A.Minutes: Draft Minutes of Regular Meeting April 16, 2020 B.Village Homes of Centennial Lakes - Amendment to the Declaration and Bylaws C.Approve Payment of Claims VII.Reports/Recommendations: (Favorable vote of majority of Commissioners present to approve except where noted) A.Update: Small Business Emergency Assistance Program B.Update: Emergency Rental Assistance VIII.Correspondence A.Correspondence IX.HRA Commissioners' Comments X.Executive Director's Comments XI.Adjournment The Edina Housing and Redevelopment Authority wants all participants to be comfortable being part of the public process. If you need assistance in the way of hearing ampli=cation, an interpreter, large-print documents or something else, please call 952-927-8861 72 hours in advance of the meeting. Date: May 28, 2020 Agenda Item #: VI.A. To:Chair & Commissioners of the Edina HRA Item Type: Minutes From:Jennifer Garske, Executive Assistant Item Activity: Subject:Minutes: Draft Minutes of Regular Meeting April 16, 2020 Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve the regular minutes of April 16, 2020. INTRODUCTION: See attached meeting minutes of April 16, 2020. ATTACHMENTS: Description HRA Minutes 4-16-20 Page 1 MINUTES OF THE REGULAR MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY APRIL 16, 2020 7:30 A.M. I. CALL TO ORDER Chair Hovland called the HRA meeting to order at 7:30 a.m. and noted the meeting was being held virtually to comply with the Governor’s Stay-at-Home Order due to the COVID-19 pandemic, then explained the processes created for public comment. II. PLEDGE OF ALLEGIANCE III. ROLL CALL Answering rollcall were Commissioners Anderson, Brindle, Fischer, Staunton and Chair Hovland. Absent: None. IV. APPROVAL OF MEETING AGENDA – AS PRESENTED Motion made by Commissioner Anderson, seconded by Commissioner Fischer, approving the meeting agenda as presented. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. V. COMMUNITY COMMENT No one appeared. VI. APPROVAL OF CONSENT AGENDA – AS PRESENTED VI.A. Approve Minutes of the Regular Meeting of March 12, 2020 VI.B. Approve Payment of Claims, HRA Check Register January 16-April 9, 2020 totaling $95,764.52 Motion made by Commissioner Brindle, seconded by Commissioner Fischer approving the consent agenda as presented. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. VII. REPORTS/RECOMMENDATIONS VII.A. AUTHORIZING SMALL BUSINESS EMERGENCY ASSISTANCE PROGRAM – APPROVED Economic Development Manager Neuendorf explained the proposed Small Business Emergency Assistance Program and request to authorize the HRA Executive Director to execute loan agreements with impacted businesses. He explained how the item pertained to local efforts to support local businesses as they bear the impacts of temporary business closures and other impacts due to the COVID-19 pandemic and said the item requested was to modify the HRA budget to fund a temporary program that would support local businesses with forgivable loans in 2020. The disruption to most businesses due to the COVID-19 pandemic was extensive with the vast majority of businesses in Edina temporarily closed and those that remained open were experiencing dramatic declines in foot traffic and revenue. He explained how Federal and State lawmakers had authorized financial assistance but that recovery and relief funds being administered by the U.S. Small Business Administration (SBA) and Minnesota Department of Employment and Economic Development (DEED) were slow to come and establishment of a local small business emergency assistance fund was recommended to further assist local businesses that may not easily be awarded federal or state assistance yet still make a significant contribution to the vitality of Edina. Mr. Neuendorf explained the Small Business Emergency Assistance Program would provide forgivable loans to help local small businesses that operate with between 2 and 25 full-time equivalent (FTE) employees and annual revenue not to exceed $1,000,000 and cover two months of operating Minutes/HRA/April 16, 2020 2 expenses. The maximum loan amount would be $10,000 and there would be no fee to apply to this program and the loans would bear no interest. The loans would be forgiven for businesses that remained operational two years from the date of the Loan Agreement, provided that they remained in Edina and retained at least 75 percent of their employee positions. He stated up to $100,000 from the 2020 HRA property tax levy was recommended to be used to support local businesses originally intended to partially fund staff and a new façade improvement program. With the creation of this new program, partial funding for staff would be shifted to administrative expenses of TIF Districts and the façade improvement program placed on hold for a future year. Mr. Neuendorf outlined the application procedure and stated the need for this type of program and implementation had been crafted in consultation with many peer groups including Edina Chamber of Commerce, 50th & France Business Association, Open to Business program, and economic development peers from cities and counties in the Twin Cities. A Loan Agreement template would be used to execute the loans. He outlined ineligible businesses that included new businesses, corporate chains, those in default, non-for-profit, government owned and businesses owned by elected City officials, then explained if approved, the program would be rolled out immediately with a one-week application period, review and selection and distribution of funds by mid-May by a panel selection process, who would review applications and rank based on criteria. Lori Syverson, Edina Chamber of Commerce, thanked the Commission for consideration of this program and noted a recent online survey, about how businesses were changing over this crisis, showed many have applied for some other type of disaster program relief but the concern was the delay in getting funds. Rachel Thelmen, 50th & France Association, thanked the Commission for their consideration then spoke about the need for businesses for resources and how some were trying for other governmental loans but funds were not coming quickly and how this would help fund a gap. Rob Smolund, Open to Business, said this was a great tactic because businesses need money now and although Open to Business had an allocation of $1 million to provide, they had 600 applications to review and with their small staff, the eligibility and underwriting was a slow process. He said businesses needed cash flow help once this subsided and were back in business and commended the City for consideration of this program. The Commission asked about the HRA levy and if staff was considering using $100,000 from a $192,000 HRA levy and concerns we would be caught short with payroll. Mr. Neuendorf said the HRA levy was started a few years ago to stop reliance on TIF funding for staff support, and while we would have to use TIF dollars this year to support staff, there was adequate funding in the Centennial Lakes, 50th & France, Southdale and Pentagon districts to support staff, but would eliminate the intended façade improvement program for this year as it was no longer necessary at this time. Manager Neal commented the money paid for staff costs was an allowable cost out of TIF funds but the levy had a wider scope of programs and expenses allowed and this program fit that scope. The Commission asked what portion of funds were from the façade program and did this fall within the EDA State law under HRAs. Mr. Neuendorf responded the façade program had not been finalized yet but was in the $50,000-$75,000 range. City Attorney Knutson confirmed the program would fall under MN Statute Chapters 12 and 469. The Commission asked how many businesses could be helped through this program and asked if more significant needs were identified could the program be expanded. Mr. Neuendorf said the hope was to help businesses with two months of expenses with a cap of $10,000, so would serve 10 businesses. He then shared the City had approximately 1,000 businesses of less than 25 people and 600 with an annual revenue of less than $1 million. He noted other cities had created programs with caps of $5,000-$7,500 and larger businesses could apply to other federal programs, but this would serve smaller businesses. He added the HRA could look at funding up to the full levy amount after review of impact of this program. Minutes/HRA/April 16, 2020 3 The Commission confirmed a loan agreement would be required and thanked staff for being creative with housing and businesses assistance and said this program would help keep businesses as viable as possible during this difficult time. Motion made by Commissioner Brindle, seconded by Commissioner Fischer, to approve the local Small Business Emergency Assistance Program and authorize the HRA Executive Director to execute loan agreements with impacted businesses. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. The Commission asked about the number of employees in qualified businesses and noted small service providers such as salons utilized independent contractors and the need to find a balance for these, as well businesses then confirmed this was a one-time request like rental assistance or could be reopened. Mr. Neuendorf responded the $100,000 program would likely be oversubscribed quickly but staff would monitor and could provide additional dollars for Commission consideration in the future, but right now believed this would be a one-time program. He explained a business could only apply once and if someone owned two businesses, could only receive one loan and not be able reapply. He added the evaluation process of three-quarters of existing employment was arbitrary but measurable and would be counting full-time employees and convert any part-time to full-time equivalent to give businesses adequate flexibility with the goal to survive substantially as it was in place today. The Commission thanked all involved for leading the way in the region on how government could help during dire circumstances. VIII. CORRESPONDENCE – RECEIVED IX. HRA COMMISSIONERS’ COMMENTS – RECEIVED X. EXECUTIVE DIRECTOR’S COMMENTS XI. ADJOURNMENT Motion made by Commissioner Staunton, seconded by Commissioner Brindle, to adjourn the meeting at 8:35 a.m. Roll call: Ayes: Anderson, Brindle, Fischer, Staunton and Hovland Motion carried. Respectfully submitted, ___________________________________________ Scott Neal, Executive Director Date: May 28, 2020 Agenda Item #: VI.B. To:Chair & Commissioners of the Edina HRA Item Type: Report / Recommendation From:Don Uram, Finance Director Item Activity: Subject:Village Homes of Centennial Lakes - Amendment to the Declaration and Bylaws Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Approve Consent Agreement Amending the Declaration of the Village Homes of Centennial Lakes Condominium Association, Inc. INTRODUCTION: The Village Homes of Centennial Lakes Condominium Association (“Association”) has requested that the HRA consent to an amendment to the original Declaration for the Association. T hey would like to: 1. Amend Article IV. Section 2. Public Maintenance Charge to reflect the new charges approved by the HRA in agreement dated October 10, 2019. 2. Delete Article XI – Special Declarant Rights since Declarant control terminated in 1999. 3. Delete Article XIV – Flexible Condominium since the ability to add units terminated with the termination of Declarant control. The proposed amendments have been reviewed by the City Attorney who is supportive of the changes. ATTACHMENTS: Description Consent Agreement Village Homes of Centennial Lakes - Attorney Letter Village Homes of Centennial Lakes - Declaration 1 Consent of the City of Edina Housing and Redevelopment Authority to the Amended and Restated Declaration of the Village Homes of Centennial Lakes Condominium Association, Inc. The undersigned, James B. Hovland, the Chair and Michael Fischer, the Secretary of the City of Edina Housing and Redevelopment Authority, hereby give the written consent of the City of Edina Housing and Redevelopment Authority to the Amended and Restated Declaration of the Village Homes of Centennial Lakes Condominium Association, Inc., attached hereto. City of Edina Housing and Redevelopment Authority Dated this ____ day of ______________, 2020. By: __________________________________ James B. Hovland Its: ________Chair_____________________ And: __________________________________ Michael Fischer Its: ________Secretary___________________ March 30, 2020 VIA E-MAIL ONLY Don Uram, Director of Finance City of Edina 4801 W. 50th Street Edina, MN 55424 Re: Village Homes of Centennial Lakes - Amendment to the Declaration and Bylaws Our File No. 20140952.000 Dear Mr. Uram: We are enclosing a copy of the current Declaration for the Village Homes of Centennial Lakes Condominium Association, Inc. (“Association”) AND the proposed Amended and Restated Declaration. The Board has been working on the Amended and Restated Declaration for a few years. We stopped in order to address the Public Maintenance Charge, and, with that matter resolved, we moved forward with the drafting. Before we provide the same to the members, we’d like the City of Edina HRA’s permission to amend Article IV Section 2 in accordance with the Agreement reached in October 2019. The proposed new language is shown below: Section 2. Public Maintenance Charge. Each Unit Owner shall also pay to the Association with such Unit Owner's payment of such monthly assessment his or her share of the "Public Maintenance Charge," as defined in a certain "Agreement (Covenants Running With The Land)" between the City of Edina Housing and Redevelopment Authority (“Edina HRA”) and Declarant dated March 17, 1989, and recorded March 24, 1989 as Document No. 5518424, files of the Hennepin County Recorder, (said Agreement or equivalent, as amended, being herein called "HRA Covenants Running With The Land"), as last amended by that Agreement between the Association and the Edina HRA dated October 10, 2019. Said Public Maintenance Charge shall be adjusted pursuant to the HRA Covenants Running With The Land, as amended by the Agreement dated October 10, 2019. The Edina HRA shall provide the adjusted Public Maintenance Charge figure to the Association each December of 2019 and 2020, respectively. From January 1, 2022 to December 31, 2029, the Association shall pay to the Edina HRA the sum of $3,750.00 ($15 per unit x 250 units) each month. From January 1, 2030 to December 31, 2034, the Gretchen S. Schellhas gschellhas@chestnutcambronne.com Chestnut Cambronne PA 100 Washington Avenue South Suite 1700 Minneapolis, MN 55401-2148 T: 612.339.7300 F: 612.336.2940 www.chestnutcambronne.com Don Uram, Director of Finance March 30, 2020 Page 2 Association shall pay to the Edina HRA the sum of $2,500.00 ($10 per unit x 250 units) each month. Thereafter, said Public Maintenance Charge shall terminate. The Association shall pay the Public Maintenance Charge, as adjusted, to the Edina HRA and the Public Maintenance Charge shall be equally assessed by the Association among all Residential Units and Owners thereof who then shall pay said amount monthly to the Association. Such amounts shall be a lien on the Unit, as described in Article V Section 1, below, and payment thereof may be enforced by the Association in the manner of payment of assessments under Article V hereof, and as set forth in the HRA Covenants Running With The Land, as amended. The Association also would like to delete two (2) Articles in their entirety (shown in italics). First, Article XI - Special Declarant Rights should be deleted as Declarant control terminated in 1999. Second, Article XIV -Flexible Condominium should be deleted as the Declarant’s ability to add Units to the Association terminated with the termination of Declarant control. We think the proposed amendment to Article IV Section 2 clarifies for the reader (who, after all is the purchaser of the Unit) that there is a Public Maintenance Charge, assessable by the Association to the Unit Owner and payable by the Unit Owner to the Association, but that the same is enforceable both by the Association and the HRA. It also clarifies that this charge will change. If this is not acceptable, as written, we are open to suggestions for the amendment of this paragraph but think clarification would be appropriate. We would appreciate your prompt attention in this matter. We’re approaching the final draft, and only seek to amend the Public Maintenance Charge provision and delete the other Articles for clarity. Please let us know if you think this is possible. Thank you in advance for your consideration. Very truly yours, CHESTNUT CAMBRONNE PA Gretchen S. Schellhas GSS Enclosures cc: Andrea McDowell Poehler, Esq. (via e-mail only w/enclosures) Village Homes of Centennial Lakes (via e-mail only w/enclosures) 1 THE VILLAGE HOMES OF CENTENNIAL LAKES CONDOMINIUM AMENDED AND RESTATED DECLARATION OF CONDOMINIUM CONDOMINIUM NUMBER 641 WHEREAS, this Amended and Restated Declaration ("Declaration") of The Village Homes of Centennial Lakes Condominium Association is made, effective on the date of recording hereof, by said Association ("Association"), with the consent of the required number of votes/Owners of the Units described in Exhibit B attached hereto. WHEREAS, there is filed of record in the office of the Hennepin County Recorder the Declaration of Covenants, Conditions, Restrictions of The Village Homes of Centennial Lakes Association for the Village Homes of Centennial Lakes Condominium, Condominium Ownership No. 641, filed as Document No. 5607188 on December 18, 1989; and thereafter amended by five (5) Amendments adding Property to the Association (collectively, the "Original Declaration"); WHEREAS, the Original Declaration established a plan for the use, operation, maintenance and preservation of the Condominium and real estate described in Exhibit A attached hereto (the "Property") under Chapter 515A – the Uniform Condominium Act; WHEREAS, the Association and the Owners desire to provide for the preservation of the residential character, value, architectural character, architectural uniformity and amenities which are a part of the Property, and for the maintenance of open spaces and other common facilities; WHEREAS, the Association and the Owners desire to amend and restate the Original Declaration in accordance herewith, pursuant to the requirements and procedures prescribed by Chapter 515B – the Minnesota Common Interest Ownership Act (hereafter the “Act”) which now governs this Condominium, and for the purpose to continue to be governed thereby; WHEREAS, although control by the Declarant, Centennial Lakes Housing Partnership has long since terminated, several provisions of the original Declaration remain herein so as to avoid approval needed if the provisions were to be amended; NOW, THEREFORE, the Association, with the written consent of not less than 67% of the votes allocated to the Members and 67% of the first mortgagees, pursuant to Articles XII and XVI of the Declaration, as set forth in the attached Exhibit B, hereby declares that the Property and any additions thereto shall be subject to the Act as a condominium and shall be held, transferred, sold, conveyed, used and occupied subject to the covenants, restrictions, easements, charges and liens set forth herein; that all persons or entities having or acquiring any interest in the Property shall be bound hereby; and that the Original Declaration shall be revoked and superseded in its entirety by this Declaration upon its recording. 2 ARTICLE I CREATION OF UNITS AND COMMON ELEMENTS Section 1. Establishment of Condominium. The Property and improvements Act, and that such condominium division of such Property and improvements shall hereafter be known as The Village Homes of Centennial Lakes Condominium, Condominium Ownership Number 641 (hereinafter "Condominium") and such condominium division shall be upon the terms and conditions hereinafter set forth: (a) Units. Two Hundred Fifty (250) separately-designated residential dwelling units ("Units" or "Residential Units") and Three Hundred Four (304) separately designated vehicular garage units ("Units" or "Garage Units"), all as more particularly depicted on the Condominium Plat. Each Residential Unit shall consist of the area or space contained within the perimeter walls of such Unit in a single multifamily structure ("Building") containing residential apartments and underground vehicular parking constructed on the Property. Unit boundaries of Residential Units shall be the walls, floors and ceilings of Residential Units and all lath, furring, wallboard, plasterboard, plaster, paneling, tiles, wallpaper, paint, finished flooring, and any other materials constituting any part of the finished surfaces thereof shall be a part of the Residential Unit, and all other portions of the walls, floors or ceilings shall be part of the Common Elements. Garage Units shall consist of separately designated vehicular parking areas in the Building, depicted as Garage Units on the Condominium Plat. Unit boundaries of Garage Units shall be marked by striping on the floor surface of the garage area in the Building. Unless the term "Residential Unit" or "Garage Unit" is used herein, or unless the particular context clearly requires otherwise, reference in this document to a "Unit" or "Units" shall mean and refer to both a Residential Unit or Residential Units and a Garage Unit or Units. (b) Common Elements. The Common Elements (hereinafter, "Common Elements") shall include all portions of the Condominium other than the Units. (c) Limited Common Elements. A portion of the Common Elements is hereby set aside and allocated for the exclusive use of one (1) or more but fewer than all of the Units, in the manner set forth hereinafter in this Declaration and as shown on the Condominium Plat, said areas to be known as "Limited Common Elements". The Limited Common Elements allocated for the exclusive use of the respective Units are as follows: (i) Chutes, Flues, Etc. If any chute, flue, duct, pipe, wire, conduit, bearing wall, bearing column, or any other fixture lies partially within and partially outside of the designated boundaries of a Unit, any portion thereof serving only that Unit is a Limited Common Element allocated solely to that Unit, and any portion thereof serving more than one (1) Unit or any portion of the Common Elements is a part of the Common Elements, all as provided in Section 515B.2-109(c) of the Act. 3 (ii) Doors, Windows, Balconies, Etc. All exterior doors, windows, screens, and any shutters, awnings, window boxes, doorsteps, stoops, porches, skylights, balconies, patios or other fixtures designed to serve a single Unit, but located outside the Unit's boundaries are Limited Common Elements allocated exclusively to that Unit, all in accordance with Section 515B.2-109(d) of the Act, except that structural elements of porches and balconies shall be Common Elements. Section 2. Condominium Not Subject to Conversion Ordinance. The Condominium is not subject to any ordinance provided for in Section 515B.1-106 of the Act relative to the conversion of buildings to condominium ownership. Section 3. Restrictions on Ownership or Conveyance of Garage Units. A Garage Unit may only be owned by or conveyed to (voluntarily, by operation of law, or otherwise) one (1) of the following: (a) The Owner or Owners of a Residential Unit; or (b) The Association. Any purported conveyance or transfer of a Garage Unit other than as above-described shall be deemed null and void. An Owner of a Residential Unit who also owns more than one (1) Garage Unit shall include with any conveyance of the Residential Unit at least one (1) Garage Unit. Owners of a Residential Unit who own more than one (1) Garage Unit may lease a Garage Unit to another Owner or Non-Owner Occupant who occupies the Property, provided that as least one (1) Garage Unit remains available for the use by the Occupant(s) of the Residential Unit. Garage Units may not be leased nor permission to use given to persons not occupying a Residential Unit in the Association. ARTICLE II COMMON ELEMENTS Section 1. Ownership of Common Elements. Ownership of each Unit shall include the respective undivided interests in the Common Elements specified and established in Exhibit A attached hereto. The above respective undivided interests established and to be conveyed with the respective Units, as indicated above, cannot be changed except as such interests may be reallocated pursuant to: (i) Section 515B.1-107 of the Act, relating to the acquisition of a Unit by eminent domain; (ii) Section 515B.3-113 of the Act, relating to a decision by the Owners not to rebuild a Unit which has been damaged or destroyed; and (iii) a combination of a Unit under Article XIII hereof. Pursuant to Section 515B.2-105 of the Act, each undivided interest in Common Elements shall be deemed to be conveyed or encumbered with its respective Unit even though the description in the instrument of conveyance or encumbrance may refer only to the fee title to the Unit. 4 Section 2. Garage Lockers. Notwithstanding any provision herein contained, the Association may designate or assign the use of a particular locker in the garage parking area (which lockers are Common Elements) for the exclusive use of the Owner or Owners of a Residential Unit, such assignment or designation to be pursuant to such rules or regulations as the Association may, from time to time, adopt. Such assignment or designation shall not give rise to any property interest of the particular Owner or Owners with respect to such garage locker, and shall be deemed personal to such Owner or Owners, and only for so long as such Owner or Owners shall be the owner of a Residential Unit. ARTICLE III MAINTENANCE RESPONSIBILITIES Section 1. Maintenance by Association and by Unit Owners. Except as otherwise required under the Act and as stated herein, The Village Homes of Centennial Lakes Condominium Association, Inc. (hereinafter, the "Association") shall be responsible for maintenance, repair and replacement of all Common Elements under the terms of this Declaration. Each Unit Owner, as the term is defined in Section 515B.1-103(37) of the Act, shall be responsible for maintenance, repair and replacement of the Owner’s Unit and the Limited Common Elements appurtenant thereto. Where a Limited Common Element is appurtenant to more than one (1) Unit, the respective Unit Owners of the Units in question shall, between themselves (but subject to the right of the Association to establish and maintain uniform standards), determine the extent and nature of any such maintenance, repair and replacement. In the event of any disagreement, the Association may (but shall not be required to) act as the arbiter of such disagreement. Any expense of such maintenance, repair, or replacement shall be borne by the respective Units in the proportion of their common expense liability, and in the event of non-payment, there shall exist a lien on the Unit of such Unit Owner for contribution in favor of the other Unit Owner or Unit Owners who advance the expense share of such delinquent Unit Owner. Each Unit Owner shall afford to the Association and the other Unit Owners, and to their agents or employees, access through his or her Unit and Limited Common Elements reasonably necessary for those purposes. In addition, the Association shall have a reasonable right of entry to and upon each Unit and its Limited Common Elements to effect emergency or other necessary repairs which the Unit Owner has failed to perform. The Association shall also have the right to grant utility easements under, through or over the Common Elements which are reasonably necessary to the ongoing development and operation of the Condominium, in accordance with Section 515B.3-102 of the Act. In addition to the foregoing, the Association shall also provide maintenance to landscaping, walkways, lighting and other amenities and utility lines and parking areas as required under the terms of a certain Easement Agreement dated as of March 17, 1989, recorded March 24, 1989 as Document No. 5518425, files of the Hennepin County Recorder, as the same may now or hereafter be amended (said Easement Agreement, as now or hereafter amended, being hereafter referred to as the "HRA (‘Housing and Redevelopment Authority’) Declaration of Easements"). 5 Section 2. Damage to Common Elements or Units. If damage is inflicted on the Common Elements or any Unit through which access is taken, the Unit Owner responsible for the damage, or the Association if it is responsible, is liable for the prompt repair thereof. Such Unit Owner's share of any expense for such damage may be assessed by the Association against such Unit Owner's Unit in the manner of an assessment under Article V hereof. Section 3. Optional Maintenance by Association. In addition to the maintenance described in Section 1, the Association shall undertake to provide additional exterior Limited Common Element and/or interior Unit maintenance to the Units, with the approval of fifty-one percent (51%) of the votes of Owners voting, in person or by proxy, at a meeting called for that purpose, or fifty-one percent (51%) of the votes of Owners voting by mailed ballot (provided a quorum of the Unit Owners has responded). Section 4. Owners' Obligation to Maintain Heat. Owners shall not allow the internal temperature inside the Dwelling to fall below sixty degrees Fahrenheit or such higher or lower temperature that the Board designates in the Rules, so as to prevent freezing of water lines. Failure to maintain minimum heat requirements will be considered by the Association in adjusting insurance claims. ARTICLE IV COMMON EXPENSE ASSESSMENT; PUBLIC MAINTENANCE CHARGE Section 1. Common Expense Assessment. Except as set forth herein, the common expense assessment or special assessments shall be allocated among the Units in the manner set forth in Exhibit A attached hereto and made a part hereof, and subject to the Amended Bylaws. Pursuant to Section 515B.3-115(e) of the Act, the Association may assess the cost of certain utilities (e.g., cable television and/or internet) based upon usage and may assess any common expense benefiting less than all of the Units against the Units benefited, in which case, the common expense shall be allocated among the Units benefited in proportion to their common expense liability. Assessments (other than special assessments) shall be payable monthly as provided in the Amended Bylaws. Section 2. Public Maintenance Charge. Each Unit Owner shall also pay to the Association with such Unit Owner's payment of such monthly assessment his or her share of the "Public Maintenance Charge," as defined in a certain "Agreement (Covenants Running With The Land)" between the City of Edina Housing and Redevelopment Authority (“Edina HRA”) and Declarant dated March 17, 1989, and recorded March 24, 1989 as Document No. 5518424, files of the Hennepin County Recorder, (said Agreement or equivalent, as amended, being herein called "HRA Covenants Running With The Land"), as last amended by that Agreement between the Association and the Edina HRA dated October 10, 2019. Said Public Maintenance Charge shall be adjusted pursuant to the HRA Covenants Running With The Land, as amended by the Agreement dated October 10, 6 2019. The Edina HRA shall provide the adjusted Public Maintenance Charge figure to the Association each December of 2019 and 2020, respectively. From January 1, 2022 to December 31, 2029, the Association shall pay to the Edina HRA the sum of $3,750.00 ($15 per unit x 250 units) each month. From January 1, 2030 to December 31, 2034, the Association shall pay to the Edina HRA the sum of $2,500.00 ($10 per unit x 250 units) each month. Thereafter, said Public Maintenance Charge shall terminate. The Association shall pay the Public Maintenance Charge, as adjusted, to the Edina HRA and the Public Maintenance Charge shall be equally assessed by the Association among all Residential Units and Owners thereof who then shall pay said amount monthly to the Association. Such amounts shall be a lien on the Unit, as described in Article V Section 1, below, and payment thereof may be enforced by the Association in the manner of payment of assessments under Article V hereof, and as set forth in the HRA Covenants Running With The Land, as amended. ARTICLE V LIABILITY FOR ASSESSMENTS Section 1. Lien of Association. The Association shall have a lien on each Unit for any assessments levied against that Unit, as provided under Section 515B.3-116 of the Act and such lien shall have the priority and may be foreclosed in the manner provided in the Act. Fees, charges, late charges, fines and interest charges pursuant to Section 515B.3-116(a) (10), (11) and (12) of the Act shall be enforceable as assessments. Past due assessments, and amounts enforceable hereunder as assessments, may bear interest at the rate established with respect to judgments under Minnesota Statutes Section 549.09. Section 2. No Waiver of Liability. Each Unit Owner at the time an assessment is payable is personally liable to the Association for the payment of the assessment against his or her Unit, as provided in Section 515B.3-116 of the Act, and no Unit Owner may exempt himself or herself from the common expense liability by waiver of the use or enjoyment of any of the Common Elements or by the abandonment of his or her Unit. Section 3. Liability of Grantee for Unpaid Assessments. In a voluntary conveyance of a Unit (except as provided with respect to First Mortgagees under Article XII hereof) the grantee of the Unit shall be jointly and severally liable with the grantor for all unpaid assessments by the Association against the grantor for his or her share of the common expenses up to the time of the grant or conveyance, without prejudice to the grantee's right to recover from the grantor the amounts paid by the grantee therefor. However, any grantee shall be entitled upon written request to a statement setting forth the amount of unpaid assessments currently levied against his or her Unit, as provided in Section 515B.3-116(g) of the Act. Section 4. Reserve for Replacements; Monthly Assessments. Assessments for common expenses shall include an adequate reserve fund for replacement of Common Element components which shall be funded by monthly payments and not by extraordinary special assessments. In addition, there shall be a working capital fund 7 for the initial months of operation of the Condominium equal to at least two (2) months' estimated common expenses for each Unit. ARTICLE VI ALLOCATION OF VOTING RIGHTS Section 1. Allocation. Voting rights in the Association shall be allocated as set forth in Exhibit "A" attached hereto and made a part hereof. ARTICLE VII MISCELLANEOUS COVENANTS Section 1. Miscellaneous Covenants and Restrictions. Current Owners, for themselves, their successors and assigns, by this Declaration, and any future Unit Owner, by acceptance of a deed to a Unit, covenant and agree as follows: (a) Leasing. No Unit Owner shall be permitted to lease his or her Unit for transient or hotel purposes, including Airbnb, VRBO, etc. No Unit Owner may lease less than the entire Unit and no lease shall provide an initial term (exclusive of extensions or options to renew) of less than twelve (12) months. All leases shall be in writing. All leases shall provide that the terms of the lease shall be subject in all respects to the provisions of the Declaration and the Bylaws and that any failure shall be a default under the lease enforceable by the Owner. The Association may adopt Rules regulating leases, but, other than the foregoing, there shall be no restriction on the right of any Unit Owner to lease any Unit. Owners leasing Units also must comply with Article IX by having both HO6 and HO4 coverage in place. (b) Encroachments. If any portion of the Common Elements encroaches upon any Unit, or if any Unit shall encroach upon any other Unit or upon any portion of the Common Elements, as a result of the present construction of a Building, or if any such encroachment shall occur hereafter as a result of settling, expectable expansion, sag or structural adjustment of the Building (as distinguished from sudden, extreme and accidental change by Acts of God or other accidental causes), a valid easement for the encroachment and for the maintenance of the same, as long as the Building stands, shall exist. If a Building, one (1) or more Units, or any adjoining part of the Common Elements shall be partially or totally destroyed as a result of fire or other casualty and then rebuilt in substantial accordance with the Condominium Plat, encroachments of parts of the Common Elements upon any Unit or of any Unit upon any other Unit or upon any part of the Common Elements, due to such rebuilding, shall be permitted, and valid easements for such encroachments and the maintenance thereof shall exist so long as the particular Building shall stand, and such encroachments and easements shall not affect marketability of title. Nothing herein contained shall be construed as contrary to the conclusive presumption of Section 515B.2-115 of the Act that the 8 existing physical boundaries of a Unit or a Unit reconstructed in substantial accordance with the Condominium Plat are to be the boundaries of the Unit, regardless of settling or lateral movement of a Building. (c) Ingress and Egress of Unit Owners. There shall be no restriction upon any Unit Owner's right of ingress to and egress from his or her Unit. (d) Administration. The administration of the Condominium shall be in accordance with the provisions of the Act, this Declaration, and the Bylaws of the Association. (e) Compliance with Declaration, Bylaws and Rules and Regulations. Each Unit Owner, tenant or occupant of a Unit shall comply with the provisions of this Declaration, the Bylaws, and rules and regulations of the Association or its representative, as lawfully amended from time to time, and failure to comply with any such provisions, rules or regulations, shall be grounds for an action to recover sums due, for damages, or for injunctive relief. (f) Use of Common Elements. There shall be no obstruction, littering, defacement or misuse of the Common Elements nor shall anything be stored in the Common Elements except in areas designated for such storage by the Board of Directors of the Association. (g) Exterior Appearance of Building. No Unit Owner or occupant of any Unit shall cause or permit anything to be hung, displayed, or placed on the outside windows of any Building (with the exception of draperies, blinds and shades), on the outside of exterior doors, or on the outside walls or roof of such buildings; no exterior awnings, shutters, canopies, radio or television antennas or communication devices shall be erected nor any signs affixed to or placed upon exterior walls or roofs or any part thereof or other parts of the Common Elements; nor shall any change in the outside appearance of any exterior surface of a Building be made without the prior written consent of the Board of Directors of the Association. (h) Nuisances. No noxious, disturbing or offensive activity shall be carried on in any Unit or any Common Elements, nor shall anything be done therein, either willfully or negligently, which may be or may become an annoyance or nuisance to other Unit Owners or tenants or occupants of Units. It is up to the Board to decide what constitutes a nuisance. In determining whether a thing, action, occupation or use of a Unit or Common Elements constitutes a nuisance, the Board shall be guided by the Edina City Code. (i) Hazardous Activities and Waste. Nothing shall be done or kept in any Unit or any Common Elements which will increase the rate of insurance on the Condominium, or the contents thereof, or result in increased water, sewer or other utility charges, without the prior written consent of the Board of Directors of the Association. No Unit Owner or occupant of a Unit shall permit anything to be done or kept in any Unit or in the Common Elements which will result in the cancellation of insurance on the 9 Condominium, or contents thereof, or which will be in violation of applicable law or ordinance. No waste shall be committed in the Common Elements. (j) Alterations. No Unit Owner shall make any improvements or alterations to his or her Unit that impair the structural integrity or mechanical systems or lessen the support of any portion of the Condominium without the prior written approval of the Board of Directors of the Association. The Board of Directors shall review application(s) for such alterations and approve or deny the same, and may condition its written approval upon (i) the furnishing to the Association of complete plans and specifications for such alteration or improvement prepared by a licensed architect or engineer or contractor; and (ii) the furnishing to the Association of financial guarantees or assurances satisfactory to the Association that all claims for labor or material furnished in connection with such alteration or improvement will be fully paid and that no claims or liens will arise there from. (k) Prohibited Conduct. No Owner or Occupant shall (i) cause or permit any physical changes to their Unit that could jeopardize or impair the weather-tight soundness or safety of a Building, or any Building system, or other improvement located on the Property; (ii) interfere with any easement; or (iii) cause or permit any physical changes to the Owner’s Unit which could affect or damage the sound barriers or sound attenuation materials installed on or within the ceilings, floors or walls of the Unit. Following the amendment of this Declaration, Owners of Units located above the first level will be allowed to install or reinstall wood or other hard surface flooring only upon strict compliance with the guidelines provided by the Board or the Architectural Control Committee, which include, but which will not be limited to the requirement that the subflooring be inspected for separation and remediation (to further reduce noise) and to use the required type, thickness and quality of a soundproofing barrier between the hard wood or other flooring specified in the Architectural Request for Change form. Any violation of these provisions shall result in fines and may result in a request and/or action to remove such flooring. ARTICLE VIII CONDOMINIUM ASSOCIATION Section 1. Membership Automatic. Any person holding title to a Unit (other than a person holding title to a Unit solely as security for the performance of an obligation) shall automatically be a member of the Association and shall remain a member of said Association until such time as his or her ownership ceases for any reason, at which time his or her membership in said Association shall automatically cease. Section 2. Binding Effect. All agreements and determinations lawfully made by the Association in accordance with the voting percentages established under the Act, this Declaration or in the Bylaws shall be deemed to be binding on all Unit Owners, their successors and assigns. 10 Section 3. Rules and Regulations. Rules and regulations not inconsistent herewith concerning the use of Units and Common Elements, including, but not limited to, regulations relating to the ownership of pets, may be promulgated and amended from time to time by the Board of Directors, in accordance with the procedure therefore set forth in the Bylaws, to be effective thirty (30) days after the date of such promulgation. ARTICLE IX INSURANCE; DAMAGE OR DESTRUCTION Section 1. Maintenance of Property and Liability Insurance by Association. In addition to any other insurance required by law, the Board of Directors of the Association shall be required to obtain and maintain, to the extent obtainable, the following property and liability insurance coverages: (a) Master or blanket type policy of property insurance with extended coverage endorsement (including vandalism, sprinkler leakage, debris removal, cost of demolition, malicious mischief, windstorm and water damage) insuring the Buildings (including all building service equipment and all of the Units and the fixtures installed therein and specifically including, without limiting the generality of the foregoing, interior walls, interior doors, built-in cabinets and counters and electrical and plumbing conduits, pipes and fixtures, and any fixtures, equipment or other property within a Unit which are to be financed by a mortgage to be purchased by the Federal National Mortgage Association ("FNMA") or Federal Home Loan Mortgage Corporation ("FHLMC"), and including also common personal property and supplies, but not including carpeting, drapes, wall coverings, fixtures, furniture, furnishings, or other personal property supplied or installed by Unit Owners or their tenants and also excluding land, foundations, excavation and other items normally excluded from coverage) and covering the interest of the Association, the Board of Directors and all Unit Owners and their mortgagees, as their interests may appear, for an amount at least equal to such coverage as is commonly required by prudent institutional mortgage investors in the area in which the Condominium is located, but in no event less than the full insurable current replacement cost, as determined annually by the Board of Directors. Whenever and to the extent appropriate, while any alterations or reconstruction are in the course of being made, such insurance shall be carried in builders risk form written on a completed value basis. Such policy shall afford, at a minimum, protection against the following: (i) loss or damage by fire and other perils normally covered by the standard extended coverage endorsement; (ii) all other perils which are customarily covered with respect to projects similar in construction, location and use as the Condominium, including all perils normally covered by the standard "all risk” endorsement, where such is available. The name of the insured under such policies must be set forth therein substantially as follows: 11 The Village Homes of Centennial Lakes Condominium Association, Inc. for the use and benefit of the Unit Owners. The policies may also be issued in the name of an authorized representative of the Association, including any Insurance Trustee with whom the Association has entered into an Insurance Trust Agreement, or any successor to such trustee, for the use and benefit of the Unit Owners. The policy shall also name the HRA and the Foundation as additional insureds, as their interests may appear. Loss payable shall be in favor of the Association (or Insurance Trustee), as a trustee for each Unit Owner and each such Unit Owner's mortgagee. Each Unit Owner and each such Unit Owner's mortgagee, if any, shall be beneficiaries of the policy in the percentage of common ownership. Evidence of insurance shall be issued to each Unit Owner and mortgagee upon request. Policies must provide for the recognition of any Insurance Trust Agreement. If reasonably available, such policies shall include: (1) Agreed Amount Endorsement (or the like); (2) Inflation Guard Endorsement; (3) Construction Code Endorsements (such as a Demolition Cost Endorsement, a Contingent Liability from Operation of Building Laws Endorsement and an Increased Cost of Construction Endorsement) if the Condominium is subject to a construction code provision which would become operative and require changes to undamaged portions of the Buildings, thereby imposing significant costs in the event of partial destruction of the Condominium by an insured peril; and (4) Steam Boiler Coverage (if applicable) for loss or damage resulting from steam boiler equipment accidents in an amount not less than $50,000 per accident per location. (b) Worker's compensation insurance (if the Association has eligible employees); (c) Comprehensive public liability insurance in such amounts and with such coverage as the Board of Directors shall from time to time determine, but at least: (i) Covering events occurring anywhere on the Common Elements (and public ways and commercial spaces, if any) or arising out of or in connection with the use, ownership or maintenance of the Common Elements; 12 (ii) Covering, without limitation, legal liability of the insured for property damage, bodily injuries and deaths of persons in connection with the operation, maintenance or use of the Common Elements, and legal liability arising out of law suits related to employment contracts of the Association; (iii) To the extent reasonably available, insuring each officer and member of the Board of Directors, the managing agent and each Unit Owner and with cross liability endorsement to cover liabilities of the Unit Owners as a group to a Unit Owner and with a "Severability of Interest Endorsement" which would preclude the insurer from denying the claim of a Unit Owner for the negligent act of another Unit Owner, occupant or the Association; and (iv) In amounts generally required by private institutional mortgage investors for projects similar in construction, location and use as the Condominium (however, such coverage shall be for at least $1,000,000 for bodily injury, including deaths of persons and property damage arising out of a single occurrence). (d) Fidelity bond coverage may, if determined to be necessary by its Board of Directors of the Association, or required by FHLMC or other private or governmental entity engaged in the insurance, guaranty, or purchase of mortgages on Units, be maintained for any person or entity handling funds of the Association, including, but not limited to, employees of any professional manager. Such fidelity bond coverage shall name the Association as an obligee, and shall be written in such amount as the Board of Directors (or such private or governmental entity) may require; and (e) Such other insurance as the Board of Directors may determine. Section 2. Additional Insurance Coverages. In addition and supplemental to the foregoing powers, and not in limitation thereof, the Board of Directors shall have the authority at all times without action by the Unit Owners to obtain and maintain in force all coverages and endorsements required by the FNMA, FHLMC, or, as applicable, the Federal Housing Administration ("FHA"), Veterans Administration ("VA") or any private or governmental entity engaged in the insurance, guaranty, or purchase of mortgages on Units, as such requirements are amended from time to time. Section 3. Qualifications of Insurance Carriers; Insurance Trustees; Power of Attorney. All insurance obtained by the Association under this Article IX shall be procured from generally acceptable insurance carriers. Notwithstanding any of the foregoing provisions of this Article IX and any requirements relating to property or liability insurance, there may be named as an insured, on behalf of the Association, the Association's authorized representative, including any trustee with whom the Association 13 may enter into any Insurance Trust Agreement or any successor to such trustee (each of whom shall be referred to herein as the "Insurance Trustee"), which Insurance Trustee shall have the qualifications more particularly described in Section 7 hereof and who shall have exclusive authority to negotiate losses under any policy providing such property or liability insurance and to perform such other functions as are necessary to accomplish this purpose. Each Unit Owner, in accepting title to the Unit, irrevocably appoints the Association, or any Insurance Trustee or substitute Insurance Trustee designated by the Association, as attorney-in-fact for the purpose of purchasing and maintaining such insurance, including: the collection and appropriate disposition of the proceeds thereof; the negotiation of losses and execution and releases of liability; the execution of all documents; and the performance of all other acts necessary to accomplish such purpose. Section 4. Notification to First Mortgagees. The Association shall be empowered to agree in writing to notify the First Mortgagee of a Unit or any servicer of such First Mortgage whenever damage to such Unit exceeds $1,000 and to notify all First Mortgagees in the event damage to Common Elements exceeds $10,000. Section 5. Insurance Responsibilities of Unit Owners. In addition to Section 9, below, each Unit Owner is responsible for insurance for his or her own benefit insuring his or her personal liability (except to the extent of his or her liability arising from his or her undivided interest in the Common Elements), and his or her carpeting, wallcovering, furniture, furnishings and other personal property, and fixtures and other property supplied or installed by him or her or a previous Unit Owner or tenant, provided that all such policies shall contain waivers of subrogation and further provided that the liability of the carriers issuing insurance obtained by the Board of Directors shall not be affected or diminished by reason of any such additional insurance carried by a Unit Owner. Section 6. Premiums a Common Expense. Insurance premiums for any property, liability or other insurance coverages purchased by the Board of Directors shall be common expenses to be paid by monthly assessments levied by the Association. Such payments shall be held in a separate escrow account of the Association and used solely for the payment of the insurance premiums or costs of fidelity coverage as the same become due. Section 7. Qualifications of Insurance Trustee. Any Insurance Trustee engaged by the Association hereunder shall be a bank or trust company authorized to do trust business in the State of Minnesota and having a capital of not less than Five Million Dollars ($5,000,000) or a title insurance company or bonded escrow agent experienced in escrow matters and the disbursement of construction funds, which shall receive and disburse the insurance proceeds resulting from any loss upon such terms as the Board of Directors of the Association shall determine consistent with the provisions of this Declaration and the Act. In the event of any loss or damage in excess of Ten Thousand Dollars ($10,000), the Board shall engage the services of such Insurance Trustee. 14 Section 8. Reconstruction and Repair. In the event of any damage or destruction to any portion of the Condominium, the same shall be repaired or replaced by the Association, substantially in accordance with this Declaration and the Condominium Plat, except as otherwise provided by Section 515B.3-113 of the Act. Any other action must have, in addition to the approvals required by Section 515B.3-113 of the Act, the additional approvals of mortgagees under Article XII hereof. Section 9. Owner's Personal Insurance. Each Owner shall obtain additional personal insurance coverage (commonly known as "gap coverage" or an "HO6" policy) at his or her own expense covering fire and other casualty to the interior of the Unit, insuring those all items not covered by the Association’s insurance policy, insuring the Owner’s personal property and the Owner's personal liability. Such insurance also shall provide for loss assessment coverage/ deductible assessment coverage in an amount equal to the Association’s deductible(s), and may include loss assessment coverage for coverage in excess of the Association’s master insurance coverage amount. Insurance policies maintained by Owners are without contribution as against the insurance purchased by the Association, except as to deductible amounts or other items not covered under the Association's policies. In addition, any Owner leasing the Owner’s Unit shall carry HO4 coverage. Each Owner shall be responsible for his/her own personal property in the Unit or stored elsewhere in the Condominium and, if desired, additional personal liability insurance over that carried by the Association. Should a Unit be a Non-Owner occupied Unit qualifying as rental property, the Owner shall carry HO4 coverage. ARTICLE X CONDEMNATION Section 1. Condemnation of Unit or Common Elements. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain or proceedings in lieu of condemnation or eminent domain or is otherwise sought to be acquired by a condemning authority (all of the foregoing being hereinafter referred to as "condemnation"), then and in any such event First Mortgagees shall be entitled to receive timely written notice of any such condemnation proceeding or proposed acquisition in the manner provided in Article XII hereof. Any amount payable with respect to any condemnation of the Common Elements, or any portion thereof, shall belong and be payable to the Association, or any trustee, engaged by the Association to be held in trust for Unit Owners, First Mortgagees, the HRA and the Foundation as their interests may appear (including, without limitation, the right of the HRA, under Section 5, Paragraph (9) of the HRA Covenants Running With The Land to a portion of a condemnation award or proceeds equal to seven (7) times the annual Public Maintenance charge then payable by the Units taken or sold under the conditions therein set forth). The Association shall represent the Unit Owners in the condemnation, or in negotiations, settlements and agreements with the condemning authority in any condemnation of Common Elements, and each Unit Owner, by acceptance of a deed to a Unit, appoints the Association, or trustee engaged by the Association, as attorney-in-fact for 15 such purpose. Such condemnation proceeds shall be applied for the restoration or repair of any Common Elements remaining after such condemnation, and any portion of the award not used for any such restoration or repair shall be first paid over to the HRA pursuant to the HRA Covenants Running With The Land, and the balance then divided among the Unit Owners and the First Mortgagees in the manner prescribed by Section 515B.1-107 of the Act. NEED HRA APPROVAL TO DELETE ARTICLE XI SPECIAL DECLARANT RIGHTS Section 1. Special Declarant Rights. The Declarant expressly reserves the following special declarant rights, as the term is used in Section 515A.1-103(18) of the Act: (a) To elect, or cause persons designated by it to elect, the members of the Board of Directors of the Association for a period of five (5) years from the date of the first conveyance of a Unit to a Unit Owner other than Declarant, provided, however, that such period of Declarant control shall terminate in accordance with (and the election of directors of the Association by Declarant shall be limited by) the provisions of Section 515A.3-103 of the Act. (b) To complete improvements indicated on the Condominium Plat, under Section 515A.2-110 of the Act. (c) To maintain sales offices, management offices, signs advertising the Condominium, and models, under Section 515A.2-117 of the Act (which models may be any Unit owned from time to time by Declarant). (d) To use easements through the Common Elements for the purpose of making improvements within the Condominium, including the improvement of any additional real estate described in Article XIV hereof. (e) To add additional real estate, under Section 515A.2-111 of the Act, and as more fully described in Article XIV, below. Section 2. Transfer of Special Declarant Rights. No transfer or assignment of any or all of the special declarant rights, or any interest therein, pursuant to Minnesota Statutes, Section 515A.3-104, or otherwise, shall be made without the prior written consent of the HRA and the Foundation. A filed consent executed by the HRA and the Foundation shall be conclusive evidence of the granting of such consent. Section 3. HRA Option to Terminate Special Declarant Rights of Declarant or to Receive Conveyances of the Same. The HRA has the right, pursuant to Agreement (Special 16 Declarant Rights) between Declarant and the HRA, dated as of March 17, 1989, and filed as Document No. 5518426, files of the Hennepin County Recorder, Hennepin County, Minnesota (the "Agreement") (i) to require Declarant to terminate either or both of the special declarant rights set out at Section 1(d) of this Article and in Article XIV hereof, all as set out in the Agreement, and (ii) to become the assignee of any or all (as selected by the HRA) of the special declarant rights now or hereafter existing, as to the Property or the additional real estate described or referred to in Article XIV hereof, including, without limitation, the special declarant rights set out in this Article, such assignment to be effective upon filing of an election by the HRA, all as set out in the Agreement, and to assign and transfer such rights to the Foundation. ARTICLE XII (XI IF HRA AGREES TO DELETE XI, ABOVE) RIGHTS OF FIRST MORTGAGEES Section 1. Conflicting Provisions. The provisions of this Article take precedence over any other conflicting provisions of this Declaration. Section 2. Notice of Action. Upon written request to the Association, identifying the name and address of the holder, insurer or guarantor of a first mortgage on a Unit in the Condominium and the Unit number or address (a holder of a first mortgage on a Unit who has so requested such notice shall be referred to herein as an "Eligible Mortgage Holder" and an insurer or guarantor of a mortgage on a Unit who has so requested such notice shall be referred to herein as an "eligible insurer or guarantor"), any such eligible mortgage holder or eligible insurer or guarantor shall be entitled to timely written notice of: (a) Any condemnation loss or casualty loss which affects a material portion of the Condominium or any Unit on which there is a first mortgage held, insured, or guaranteed by such eligible mortgage holder or eligible insurer or guarantor, as applicable; (b) Any delinquency in the payment of assessments or charges owed by a Unit Owner of a Unit subject to a first mortgage held, insured or guaranteed by such eligible holder or eligible insurer or guarantor, which remains uncured for a period of 60 days; (c) Any lapse, cancellation or material modification of any insurance policy or fidelity bond maintained by the Association. (d) Any proposed action which would require the consent of a specified percentage of mortgage holders as specified below or in this Article XII. To be entitled to receive this information, the mortgage holder, insurer, or guarantor must send a written request to the Association, stating both its name and address and the Unit number or address of the Unit on which it has (or insures or guarantees) the mortgage. Thereafter said mortgage holder will be considered an Eligible Mortgage holder. 17 Section 3. Certain Amendments to Declaration or Bylaws. In addition to statutory requirements for amendment of this Declaration and the Bylaws of the Association, and to all other requirements set forth herein, unless at least 67% (or such higher percentage as is required by law or this Declaration) of the first mortgagees of the Units or their assigns (based upon one (1) vote for each first mortgage owned), and at least 67% (or such higher percentage as is required by law or this Declaration) of the Owners (other than any sponsor, developer, builder, or the Declarant) of the Units (based upon the percentage of ownership in the Common Elements as set forth in Exhibit A) have given their prior written approval, neither the Association nor the Unit Owners shall be entitled to: (a) Terminate the legal status of the Condominium (except in accordance with procedures set forth in the Act or the Declaration and Bylaws in the event of amendment or termination made as a result of destruction, damage or condemnation); (b) By act or omission, seek to abandon, partition, subdivide, encumber, sell or transfer the Common Elements (the granting of easements for public utilities or for other public purposes consistent with the intended use of the Common Elements shall not be deemed such a transfer); (c) Use hazard insurance proceeds for losses to any Condominium property (whether to Units or to Common Elements) for other than the repair, replacement or reconstruction of such Condominium property, except as provided by statute in case of substantial loss to the Units and/or Common Elements of the Condominium; Section 4. Certain Amendments to Material Provisions of Declaration, Articles or Bylaws. In addition to statutory requirements for amendment of the Declaration, Articles and Bylaws, and to all other requirements set forth herein, the written joinder of Owners representing at least 67% (or such higher percentage as is required by law or this Declaration) of the total allocated votes, and the written consent of Eligible Mortgage Holders representing at least 51% (or such higher percentage as is required by law or this Declaration) of the votes of Units that are then subject to mortgages held by Eligible Mortgage Holders shall be required to add or amend any material provisions of Declaration, Articles or Bylaws. By way of illustration and not limitation, a change to provisions of the Declaration, Articles or Bylaws governing any of the following would be considered material: (a) Voting rights; (b) Assessments, assessment liens or the priority of such liens; (c) Reserves for maintenance, repair and replacement of the Common Elements; (d) Insurance or fidelity bonds; (e) Reallocation of interests in the Common Elements or Limited Common Elements, or rights to use of the Common Elements or Limited Common Elements; except a change in accordance with procedures set forth in the Act or the Declaration and Bylaws as a 18 result of destruction, damage or condemnation or with respect to a reallocation of interests in the Common Elements or Limited Common Elements which might occur pursuant to any plan of expansion or phased development contained in the original Declaration or Bylaws. (f) Responsibility for maintenance and repairs; (g) Expansion or contraction of the project or the addition, annexation or withdrawal of property to or from the project; (h) Boundaries of any Unit; (i) Convertibility of Units into Common Elements or of Common Elements into Units (j) Leasing of Units; (k) Imposition of any right of first refusal or any other restriction on the right of a Unit Owner to sell, transfer, or otherwise convey his or her Unit; (l) Any provisions that expressly benefit mortgage holders, insurers or guarantors; (m) A decision by the Association to establish self-management when professional management has been required previously by an eligible mortgage holder; (n) Restoration or repair of the project (after casualty or partial condemnation) in a manner other than that specified in the Declaration and Bylaws; (o) Any action to terminate the legal status of the project after substantial destruction or condemnation occurs. In each instance of an addition or amendment that is not a material change (such as the correction of a technical error or the clarification of a statement), an Eligible Mortgage Holder who is given a written proposal for such amendment and from whom no response is received within thirty (30) days after notice of the proposal is given, shall be deemed to have approved such proposal. Further, implied approval of any amendment or addition shall be assumed when an Eligible Mortgage Holder fails to submit a response to any written proposal for an amendment within thirty (30) days after it receives notice of the proposal delivered by certified mail, "return receipt" requested. Section 5. Examination of Association Books and Records; Financial Statements. The Association shall make available to any Unit Owner, or to any holder, insurer or guarantor of any First Mortgage, a current copy of this Declaration, the Bylaws, any other rules governing the Condominium and the books, records and financial statements of the Association. "Available" means for inspection, upon request, during normal business hours or under other reasonable circumstances. The Association also shall make available to prospective purchasers current copies of this Declaration, the Bylaws of the Association 19 and other rules governing the Condominium and the most recent annual audited financial statement if such is prepared. An eligible holder, insurer or guarantor shall have the right, upon written request, to receive an audited financial statement for the preceding fiscal year. Any financial statement requested pursuant to this Section 5 shall be furnished within a reasonable time following such request. Section 6. Priority of Lien of First Mortgage. To the maximum extent permitted by law, the lien for any assessments or other charges becoming payable on or after the date of recordation of the First Mortgage on any Unit shall be subordinate to the lien of such First Mortgage. No sale or transfer of title to a Unit shall affect the lien of an assessment except that the sale or transfer of title to a Unit pursuant to foreclosure of a First Mortgage or deed or transfer in lieu of foreclosure shall extinguish any lien for assessments which became due and payable prior to the date of the expiration of the applicable period of redemption (in the case of a mortgage foreclosure sale) or prior to the date of any transfer in lieu of foreclosure. Any assessments so extinguished may be reallocated and reassessed against all Units as a common expense. Any such sale or transfer of title pursuant to a foreclosure or deed or proceedings in lieu of foreclosure of a First Mortgage shall not relieve the purchaser or transferee of a Unit from liability for, nor the Unit from, the lien of any assessments made thereafter. To the maximum extent permitted by law, there should be subordinated to any First Mortgage the lien of any fees, late charges, fines or interest that may be levied by the Association in connection with unpaid assessments, in the same manner as the subordination or assessments hereunder. Section 7. Insurance or Condemnation Proceeds. Other than as provided in Article X, Section 1, no provision of this Amended Declaration or the Amended Bylaws of the Association shall be construed to give any Unit Owner, or any other party, priority over the rights of any first mortgagee of a Unit pursuant to its first mortgage in the case of a distribution to a Unit Owner of insurance proceeds or condemnation award for losses to or a taking of Common Elements or any portion thereof or any Unit or portion thereof. In the event of substantial damage to or destruction of any Unit or any part of the Common Elements, the holder of any first mortgage on a Unit will be entitled to timely written notice of such damage or destruction. If any Unit or portion thereof or the Common Elements or any portion thereof is made the subject matter of any condemnation or eminent domain proceeding or is otherwise sought to be acquired by a condemning authority, then the holder of any first mortgage on a Unit will be entitled to timely written notice of any such proceeding or proposed acquisition. Section 8. Attendance at Meetings of Association. Any Eligible Mortgage Holder who so requests shall be given notice of all meetings of the Association as if such First Mortgagee was a Unit Owner entitled to notice. Each such First Mortgagee shall have the right to designate a representative to attend all such meetings, which representative shall not have the right to cast a vote. 20 ARTICLE XIII (XII IF HRA AGREES TO DELETE XI, ABOVE) COMBINATION OF UNITS Section 1. Right to Subdivide or Convert. Any Unit may be combined as provided in Section 515B.2-112 of the Act. Any such combination shall be in accordance with the procedures specified in the Act. WILL SEEK HRA APPROVAL TO DELET THIS ARTICLE ARTICLE XIV FLEXIBLE CONDOMINIUM Section 1. Option of Declarant to Add Additional Real Estate. Declarant hereby reserves an option to add additional real estate to the Condominium. The option to add additional real estate will lapse seven (7) years after the date on which this Declaration is recorded. There are no circumstances that will terminate the option prior to the expiration of such seven (7) year period. Except as otherwise provided in this Section, there shall be no other restrictions on the options to add real estate to the Condominium. The legal description of each portion of the additional real estate is set forth in Exhibit "B". Section 2. Manner of Adding Additional Real Estate. The parcels constituting the additional real estate may be added separately or simultaneously to the Condominium and no assurances are made by the Declarant with respect to the order in which parcels may be added; such property shall be added by the method prescribed in Section 515A.2-111 of the Act. Section 3. Maximum Number of Units; Type of Construction. A maximum number of two hundred thirty (230) Residential Units may be created in the additional real estate, to be used exclusively for residential use (for a total maximum of two hundred seventy six (276) Residential Units in the entire Condominium), In addition, a maximum of two hundred sixty (260) additional Garage Units may be created in the additional real estate, to be used in conjunction with the Residential Units (for a total maximum of three hundred twelve (312) Garage Condominium Units in the entire Condominium). All or any portion of such Units may be constructed upon any portion of the additional real estate described above, provided, however, that the total number of Units on the portions shall not exceed the number stated in this paragraph. Any improvements upon the additional real estate will be similar to and compatible with the other buildings and Units in the Condominium in terms of architectural style, floor plan, quality of construction, and principal materials employed in construction, except that the Declarant reserves the right to employ different materials and design as may be required by law or as may economically facilitate construction without substantially reducing the value of existing Units or increasing Common Expenses for existing Units. All other improvements and Common Elements that may be made or created upon or within the additional real estate or each portion thereof shall be similar to those existing in the Condominium, except that they may but need not include roadways and additional recreational or other facilities. 21 Section 4. Application of Declaration. In the event of the addition of additional real estate to the Condominium, references herein to a "Building" shall be deemed to mean and refer as well to any structure erected upon such additional real estate. All restrictions in this Declaration affecting use, occupancy, and alienation of Units will apply to Units created in the additional real estate. In the event that the additional real estate or any portion thereof is not added to the Condominium, the additional real estate shall in no way be affected by or subject to the terms of this Declaration. Section 5. Consent of HUD or FNMA. Notwithstanding any other term or condition herein contained, so long as any mortgage on any Unit in the Condominium shall be held or insured by the Department of Housing and Urban Development ("HUD") or Federal National Mortgage Association ("FNMA"), or held or guaranteed by the Department of Veterans Affairs ("VA") the written consent of HUD, FNMA, or the Secretary of Veterans Affairs, as the case may be, shall be required for the addition of any additional real estate to the Condominium. ARTICLE XV (XIII IF HRA AGREES TO DELETE XI AND XIV, ABOVE) COMPLIANCE BY UNIT OWNER Section 1. Right of Action in Unit Owners and Association. Failure of any Unit Owner to comply with the provisions of this Declaration, the Articles of Incorporation, Bylaws, or rules and regulations of the Association, shall give rise to a cause of action in the Association and any aggrieved Unit Owner for the recovery of damages, or for injunctive relief, or both. The foregoing is not intended to restrict or limit the application of Section 515B.4-116 of the Act. Section 2. Assessment Agreement. So long as a Condominium exists on the Property: (a) Each Unit Owner shall be bound by the provisions of a filed or recorded Assessment Agreement affecting the Unit (hereinafter "Assessment Agreement") to be entered into by Declarant and the HRA prior to the first conveyance of a Unit to a Unit Owner other than the Declarant; (b) Each Unit shall have a market value, for real estate tax purposes, not less than the Market Value for that Unit, as set out in the Assessment Agreement; and (c) Neither this Declaration nor the Bylaws shall be amended as to the Assessment Agreement or provisions (a) and (b) above without the prior written approval of the HRA, or its successors or assigns. Section 3. HRA Covenants Running With The Land and HRA Declaration of Easements Incorporated by Reference. The terms, covenants and conditions of the HRA Covenants Running with the Land and the HRA Declaration of Easements referred to herein 22 shall be deemed incorporated herein by this reference, and, except as otherwise required by the Act, shall control over any terms herein which may be, or appear to be, in conflict herewith. ARTICLE XVI (XIV IF HRA AGREES TO DELETE XI AND XIV, ABOVE) AMENDMENT Section 1. Voting Requirements. Except as limited by 515B.2-118 of the Act requiring additional agreement in the case of alteration of Limited Common Elements, and except insofar as a higher voting requirement may be otherwise required under this Declaration, or the Act, this Declaration may be amended by the Association only upon a vote or written agreement of Unit Owners to which at least sixty-seven percent (67%) of the votes in the Association are allocated, and, if necessary, fifty-one percent (51%) of Eligible Mortgage Holders, as required in Article XII, above (each Mortgagee having one (1) vote per Unit financed). In addition, (i) the written consent of the HRA, or its successors or assigns, shall be required for any amendment of Section 2 of Article IV hereof, Article XI hereof, or Section 2 of Article XV hereof; and (ii) the written consent of the Department of Veterans Affairs shall be required, so long as the period of Declarant control set forth in Article XI hereof shall not have terminated, in accordance with said Article XI and the Act, for any amendment to this Declaration. Any such amendment to the Declaration shall be effective only when filed or recorded as required by the Act. IN WITNESS WHEREOF, the undersigned has executed this instrument the ___ day of _________________, 20__. Village Homes of Centennial Lakes Condominium Association, Inc. By President STATE OF MINNESOTA ) ) ss COUNTY OF ________ ) The foregoing Declaration as amended and restated was acknowledged before me this ______ day of __________________, 20___, by ______________________, the President of Village Homes of Centennial Lakes Condominium Association, Inc., a Minnesota corporation, on behalf of the corporation. Notary Public This instrument was drafted by 23 Gretchen S. Schellhas, Esq. (#195595) Chestnut Cambronne PA 100 Washington Avenue South, Suite 1700 Minneapolis, MN 55401-2138 (612) 339-7300 24 Village Homes of Centennial Lakes Condominium No. 641 EXHIBIT A TO AMENDED AND RESTATED DECLARATION PROPERTY LEGAL DESCRIPTION, ALLOCATION OF COMMON ELEMENT INTERESTS, VOTES AND COMMON EXPENSE LIABILITIES Will use current pages 25 Village Homes of Centennial Lakes Condominium No. 641 EXHIBIT B TO AMENDED AND RESTATED DECLARATION AFFIDAVIT OF SECRETARY The undersigned, Secretary of Village Homes of Centennial Lakes Condominium Association, Inc., being first duly sworn on oath, hereby swears and certifies, pursuant to the applicable provisions of the Declaration, that this instrument has been duly approved by the Association by obtaining the approval of at least 67% of the voting power allocated to Owners of the Unit in the Association, in satisfaction of the requirements of the Declaration and 67% of the first mortgagees; Secretary STATE OF MINNESOTA ) ) ss. COUNTY OF _________ ) The foregoing instrument was acknowledged before me this _____ day of ___________, 20___, by __________________________________, the Secretary of Village Homes of Centennial Lakes Condominium Association, Inc., a Minnesota nonprofit corporation, on behalf of the non-profit corporation. Notary Public Date: May 28, 2020 Agenda Item #: VI.C. To:Chair & Commissioners of the Edina HRA Item Type: Claims From:Don Uram, Finance Director Item Activity: Subject:Approve Payment of Claims Action Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: Motion to approve payment of claims for HRA Check Register 04.10.20-05.20.20 TOTAL $133,560.50. INTRODUCTION: Payment of claims are attached. ATTACHMENTS: Description HRA Check Register 04.10.20-05.20.20 TOTAL $133,560.50 5/20/2020CITY OF EDINA 15:21:53R55CKS2LOGIS600V 1Page -Council Check SummaryNote: Payment amount may not reflect the actual amount due to data sequencing and/or data selection. 5/20/20204/10/2020 - Check #AmountDate Supplier / Explanation PO#Doc No Inv No BU Obj Sub Subledger Account Description BU Description Co Dept Div 446324 4/15/2020 123129 TIMESAVER OFF SITE SECRETARIAL INC. 09210 146136184.00 92103/12 HRA MEETING 518978 M25542 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 184.00 446424 4/23/2020 100730 DORSEY & WHITNEY LLP 09210 1420663,177.50 9210MARKET STREET LEGAL 519124 3571191 ESCROW DEPOSITS HRA ADMINISTRATION 09210 142066775.00 92106600 FRANCE TIF LEGAL ESCROW 519125 3571475 ESCROW DEPOSITS HRA ADMINISTRATION 3,952.50 446429 4/23/2020 100049 EHLERS & ASSOCIATES INC. 09210 1420662,205.00 921066 FRANCE TIF ESCROW 519128 83145 ESCROW DEPOSITS HRA ADMINISTRATION 09238 146103300.00 923851931383146 PROFESSIONAL SERVICES SOUTHDALE 2 TIF DISTRICT 2,505.00 446525 4/23/2020 103252 VEAP 09300 146103100,000.00 9310519354ASSISTANCE FOR VEAP PROFESSIONAL SERVICES HRA AFFORDABLE HOUSING EX 100,000.00 446581 4/30/2020 100730 DORSEY & WHITNEY LLP 09238 1461314,311.00 9238AMUNDSON LEGAL 519566 3571189 PROFESSIONAL SERV - LEGAL SOUTHDALE 2 TIF DISTRICT 4,311.00 446640 4/30/2020 130020 MCCD 09210 1461036,250.00 9210OPEN TO BUSINESS ADVISOR 519757 ED-10 PROFESSIONAL SERVICES HRA ADMINISTRATION 6,250.00 446765 5/7/2020 100049 EHLERS & ASSOCIATES INC. 09232 1461361,250.00 9232TIF REPORTING - 2019 519892 83147 PROFESSIONAL SVC - OTHER CENTENNIAL TIF DISTRICT 1,250.00 446848 5/14/2020 146661 AFFORDABLE HOUSING CONNECTIONS, INC 09210 1461035,960.00 92105202002020-42 PROFESSIONAL SERVICES HRA ADMINISTRATION 5,960.00 447172 5/14/2020 139004 THE OPTICAL AT 50TH & FRANCE 09210 1461029,000.00 9210SBEAP FORG LOAN 520587 FORGIVABLE LOAN CONTRACTUAL SERVICES HRA ADMINISTRATION 9,000.00 447175 5/14/2020 123129 TIMESAVER OFF SITE SECRETARIAL INC. 09210 146136148.00 92104/16 HRA MINUTES 520656 M25595 PROFESSIONAL SVC - OTHER HRA ADMINISTRATION 148.00 Report Totals 133,560.50 Date: May 28, 2020 Agenda Item #: VII.A. To:Chair & Commissioners of the Edina HRA Item Type: Advisory Communication From:Bill Neuendorf, Economic Development Manager Item Activity: Subject:Update: Small Business Emergency Assistance Program Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required; for informational purposes only. INTRODUCTION: This item pertains to the Emergency Assistance Program established in April to support local small businesses who are struggling due to pandemic-related business closures. Staff will present a summary of the program recipients. ATTACHMENTS: Description Edina HRA Small Business EAP Report 5-28-20 Small Business Emergency Assistance Program Program Update Bill Neuendorf Economic Development Manager Presentation to Housing & Redevelopment Authority May 28, 2020 Minimize Red Tape •Simple application process •Quick payment •Provide local support to help businesses recover and stay in business after consumer spending and public behavior normalizes •Focus on gaps in US and MN economic recovery programs •Help viable businesses but do not bail out businesses that were on the rocks prior to the pandemic Program Goals EdinaMN.gov 2 •Must have at least 2 FTE but no more than 25 FTE at the Edina location •Maximum annual revenue of $1.0 million •Revenue severely impacted by pandemic •Located within City of Edina •Located within commercial or industrial zoning districts •Must be physical brick and mortar facility with high foot traffic •Chamber or Association membership NOT required Eligible Small Businesses EdinaMN.gov 5 •Brick and mortar businesses whose primary revenue is based on walk-in traffic •Viability to reopen after expiration of Stay at Home Executive Orders •Examples: restaurants, retail, beauty services, salons, massage, chiropractors, dentists, fitness, etc. Targeted Small Businesses EdinaMN.gov 6 •Non-for-profit enterprises •Government owned/operated enterprises •Businesses owned/operated by elected City officials •New businesses not in operation prior to July 31, 2019 •Corporate chains •Multi-state chains •Businesses in default conditions prior to February 29, 2020 Ineligible Businesses EdinaMN.gov 7 41 Applications Received EdinaMN.gov 8 ACM Center Clothes Mentor Harriet & Alice Optical at 50th & France Total Display Ambrosia Coffee DQ Southdale Haute Dog Pacifier Totally Driven Beaujo’s Wine Edina Daycare Haute Flower Boutique Paragon Pilates Tooth x Nail Bhakti Clinic European Wax Center Jett Beauty Picket Fence Unity Transportation Bhakti #2 Final Cut Sports Barbershop JJ’s Poke Raku Japanese Velocity Hockey Bluebird Glow Lounge MN Lice Lady Roe Wolfe Bumbershute Groveland Confections Nakamori Japanese Snap Fitness Chang’s Martial Arts Hair District Nakamori #2 Southdale Family Dentistry Chatime Southdale Hammer Made Olive Taylor & Co.Stinson Services 41 Applications Received -Location EdinaMN.gov 9 NE, 15, 37% SE, 18, 44% SW, 5, 12% NW, 3, 7% 33 Eligible Applicants -Location EdinaMN.gov 10 NE, 15, 46% SE, 14, 42% SW, 1, 3% NW, 3, 9% 33 Eligible Applicants –Business Type EdinaMN.gov 11 Not Eligible, 8, 19% Retail, 9, 22% Restaurant, 8, 20% Medical Service, 5, 12% Beauty or Fitness, 8, 20% Other Service, 3, 7% ❑Length of lease ❑Tenure in Edina ❑Pursuit of other relief programs ❑Extent of disruption ❑Residency of owners ❑Post pandemic recovery plan ❑Stability prior to pandemic ❑Viability without loan ❑Visibility and impact of storefront ❑Daily face-to-face traffic ❑No. of employees Panel Ranked All Eligible Applicants EdinaMN.gov 12 Loan Recipients Beaujo’s Wine Cafe Jett Beauty Bluebird Boutique Nakamori Japanese Clothes Mentor Optical at 50th & France European Wax Center Pacifier Glow Lounge Snap Fitness Harriet & Alice •11 small businesses •$9,000 forgivable loans Loans awarded to … EdinaMN.gov 13 11 Loans awarded -Location EdinaMN.gov 14 NE, 8, 73% SE, 3, 27% 11 Loans awarded –Business Type EdinaMN.gov 15 Retail, 5, 46% Restaurant, 2, 18% Beauty or Fitness, 4, 36% Next Steps EdinaMN.gov 16 •Agreements signed and funds have been disbursed. •Report on use of funds due July 31, 2020 •Status update report due July 31,2021 •Loan close out due July 31, 2022 Questions and Discussion EdinaMN.gov 17 Date: May 28, 2020 Agenda Item #: VII.B. To:Chair & Commissioners of the Edina HRA Item Type: Advisory Communication From:Stephanie Hawkinson, Affoedable Housing Development Manager Item Activity: Subject:Update: Emergency Rental Assistance Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: No action required. INTRODUCTION: On April 7, 2020 the City Council approved a $100,000 grant to VEAP to provide Emergency Rental Assistance to Edina residents. This is a six-week status report. ATTACHMENTS: Description Emergency Rental Assistance presentation Emergency Rental Assistance Week 6 Status Report •March 1, 2020: First confirmed case of COVID-19 confirmed in Minnesota •April 7, 2020: the City Council approved a $100,000 grant to VEAP for Emergency Rental Assistance Background Information EdinaMN.gov 2 Financial Information EdinaMN.gov 3 •As of May 21, $79,660.39 in Emergency Rental Assistance has been awarded. •60 unduplicated Edina households have received aid. •Average Request = $1,394 •Median Request = $1,135 •Roughly 40% in May were non-English Speaking (Spanish, Russian, Oromo, Somali) •According to some industry experts, the need expected to increase in the summer. People Served EdinaMN.gov 4 Prioritizing assistance for households with no known resolvability. These people tended to have worked in the following industries: •Restaurants •Salons These employees tend to not qualify for Federal relief or unemployment. Thank You! EdinaMN.gov 5 Date: May 28, 2020 Agenda Item #: VIII.A. To:Chair & Commissioners of the Edina HRA Item Type: Other From:Jennifer Garske, Executive Assistant Item Activity: Subject:Correspondence Information Edina Housing and Redevelopment Authority Established 1974 CITY OF EDINA HOUSING & REDEVELOPMENT AUTHORITY 4801 West 50th Street Edina, MN 55424 www.edinamn.gov ACTION REQUESTED: None. INTRODUCTION: Attached is correspondence received since the last HRA meeting. ATTACHMENTS: Description HRA Correspondence 5-28-20 City of Edina Correspondence Submission Correspondence Selection * Data Practices Advisory: Any information submitted through this form will be emailed to the Housing and Redevelopment Authority (HRA) Chair and Commissioners and submitted for inclusion in the next public “HRA packet.” HRA packets are permanent records of materials prepared for HRA meetings. HRA packets are public documents that are available in print, published on the City’s website and maintained in permanent electronic records. You are not required to complete any fields of this form. However, if you do not provide your name and street or email address, your comments will not be included in the HRA packet. Open Meeting Law The HRA Chair and Commissioners receive and consider all feedback sent through this form. Because of the open meeting law, the HRA Chair and Commissioners cannot engage in back-and-forth emails involving a quorum of three or more members. For that reason, you might not receive a response from them. You might also receive a response from a City staff member. Email HRA: If you only want to email the City Council and not send your comments for publishing, contact members at CityCouncil@EdinaMN.gov. Contact Executive Assistant Jennifer Garske, at jgarske@EdinaMN.gov, if you have any questions or require assistance. HRA Packet Deadline Correspondence must be received by noon the Monday prior to a HRA meeting in order to ensure it is published in the packet prior to the Council meeting. Submissions after that time may be included in a future Council packet. Name * Street Address City State Zip Code Phone Number Email Comments * File Upload By submitting this form, I have read and agree to the Data Practices Advisory above. Housing and Redevelopment Authority Andy Orness 5433 Kellogg Avenue Edina Mn 55424 6129782681 no dashes or spaces fotness@fmail.com Please support the many small businesses in the city, especially Artistic Floral, Margo’s, and Cahill Bistro. Quality of Life depends on the health of local businesses. Thank you Andy Attachments allowed: pdf, jpg, png City of Edina Correspondence Submission Correspondence Selection * Data Practices Advisory: Any information submitted through this form will be emailed to the Housing and Redevelopment Authority (HRA) Chair and Commissioners and submitted for inclusion in the next public “HRA packet.” HRA packets are permanent records of materials prepared for HRA meetings. HRA packets are public documents that are available in print, published on the City’s website and maintained in permanent electronic records. You are not required to complete any fields of this form. However, if you do not provide your name and street or email address, your comments will not be included in the HRA packet. Open Meeting Law The HRA Chair and Commissioners receive and consider all feedback sent through this form. Because of the open meeting law, the HRA Chair and Commissioners cannot engage in back-and-forth emails involving a quorum of three or more members. For that reason, you might not receive a response from them. You might also receive a response from a City staff member. Email HRA: If you only want to email the City Council and not send your comments for publishing, contact members at CityCouncil@EdinaMN.gov. Contact Executive Assistant Jennifer Garske, at jgarske@EdinaMN.gov, if you have any questions or require assistance. HRA Packet Deadline Correspondence must be received by noon the Monday prior to a HRA meeting in order to ensure it is published in the packet prior to the Council meeting. Submissions after that time may be included in a future Council packet. Name * Street Address City State Zip Code Phone Number Email Comments * File Upload Housing and Redevelopment Authority Mary Jo Franske Edina 952 55436 9529250657 no dashes or spaces maryjo@franske.com My husband and I took a walk through downtown Edina on a recent Sunday afternoon and talked about the viability of so many little shops that have been closed opening up again when the "Stay at Home" policy is lifted. We fully support the "Stay at Home" practice, but understand how difficult it must be for owners and dreamers, restaurateurs and crafters, renters and owners to make it back into the stream of commerce. I heartily support a relief program for Edina's small businesses as they struggle through this time of anxiety. Attachments allowed: pdf, jpg, png By submitting this form, I have read and agree to the Data Practices Advisory above. City of Edina Correspondence Submission Correspondence Selection * Data Practices Advisory: Any information submitted through this form will be emailed to the Housing and Redevelopment Authority (HRA) Chair and Commissioners and submitted for inclusion in the next public “HRA packet.” HRA packets are permanent records of materials prepared for HRA meetings. HRA packets are public documents that are available in print, published on the City’s website and maintained in permanent electronic records. You are not required to complete any fields of this form. However, if you do not provide your name and street or email address, your comments will not be included in the HRA packet. Open Meeting Law The HRA Chair and Commissioners receive and consider all feedback sent through this form. Because of the open meeting law, the HRA Chair and Commissioners cannot engage in back-and-forth emails involving a quorum of three or more members. For that reason, you might not receive a response from them. You might also receive a response from a City staff member. Email HRA: If you only want to email the City Council and not send your comments for publishing, contact members at CityCouncil@EdinaMN.gov. Contact Executive Assistant Jennifer Garske, at jgarske@EdinaMN.gov, if you have any questions or require assistance. HRA Packet Deadline Correspondence must be received by noon the Monday prior to a HRA meeting in order to ensure it is published in the packet prior to the Council meeting. Submissions after that time may be included in a future Council packet. Name * Street Address City State Zip Code Phone Number Email Housing and Redevelopment Authority Hope Melton 4825 Valley View Road Edina MN 55424 5187277553 no dashes or spaces hopemelton@hotmail.com Comments * File Upload By submitting this form, I have read and agree to the Data Practices Advisory above. Dear Mayor & Members of the HRA, This letter is in support of the Small Business Emergency Assistance program. Edina's small businesses are a vital part of our city, our commercial nodes, and our community. This is a critical time for many of them because even if they qualify for federal assistance, it appears to be almost impossible to access it. State assistance is no doubt better but still inadequate. Two of the strongest aspects of the program is that for loan forgiveness, it requires retention of 75% of employees, and mandatory follow-up reporting will allow evaluation of its effectiveness. It will also strengthen entrepreneurship within our immigrant communities, and give us time to first address the COVID-19 threat to health before opening nonessential businesses! Bottom line, I LOVE MARGO'S!! It's the best coffee shop in town. Let's make sure it and other small businesses survive. Respectfully, Hope Melton Attachments allowed: pdf, jpg, png City of Edina Correspondence Submission If you are leaving comments for a public hearing being heard by Council or the Planning Commission, go to https://www.bettertogetheredina.org/public-hearings Correspondence Selection * Data Practices Advisory: Any information submitted through this form will be emailed to the Housing and Redevelopment Authority (HRA) Chair and Commissioners and submitted for inclusion in the next public “HRA packet.” HRA packets are permanent records of materials prepared for HRA meetings. HRA packets are public documents that are available in print, published on the City’s website and maintained in permanent electronic records. You are not required to complete any fields of this form. However, if you do not provide your name and street or email address, your comments will not be included in the HRA packet. Open Meeting Law The HRA Chair and Commissioners receive and consider all feedback sent through this form. Because of the open meeting law, the HRA Chair and Commissioners cannot engage in back-and-forth emails involving a quorum of three or more members. For that reason, you might not receive a response from them. You might also receive a response from a City staff member. Email HRA: If you only want to email the City Council and not send your comments for publishing, contact members at CityCouncil@EdinaMN.gov. Contact Executive Assistant Jennifer Garske, at jgarske@EdinaMN.gov, if you have any questions or require assistance. HRA Packet Deadline Correspondence must be received by noon the Monday prior to a HRA meeting in order to ensure it is published in the packet prior to the Council meeting. Submissions after that time may be included in a future Council packet. Name * Street Address City State Zip Code Phone Number Email Comments * File Upload By submitting this form, I have read and agree to the Data Practices Advisory above. Housing and Redevelopment Authority Brenda Liddle 4808 Valley View Rd. Edina MN 55424 9529945520 no dashes or spaces brendahliddle@gmail.com I'm writing to ask you to please support the small business relief program. The local businesses are part of what makes Edina so special, and supporting them during this crisis is essential. Attachments allowed: pdf, jpg, png