Join Zoom Meetinghttps://us02web.zoom.us/j/82421268861?pwd=RjdOcTdUbDhYelNabmNqZ3hMckh2dz09 Meeting ID: 824 2126 8861Passcode: 124069 One tap mobile +13017158592,,82421268861#,,,,*124069# US (Washington D.C)+13126266799,,82421268861#,,,,*124069# US (Chicago) Dial by your location+1 301 715 8592 US (Washington D.C)+1 312 626 6799 US (Chicago)+1 646 558 8656 US (New York)+1 253 215 8782 US (Tacoma)+1 346 248 7799 US (Houston)+1 669 900 9128 US (San Jose) Meeting ID: 824 2126 8861Passcode: 124069 Find your local number: https://us02web.zoom.us/u/kd3ycrzWo8 1) CALL TO ORDER 2) APPROVE AGENDA 3) CONSENT AGENDA 3.a EDA Minutes December 15, 2020 4) COMMUNICATIONS, REPORTS & PETITIONS 4.a December Newsletter 4.b December Finance Report 4.c BEDA Monthly Update 4.d City Council Minutes of December 8, 2020 4.e BACC Information 5) PUBIC HEARING 6) GENERAL BUSINESS 6.a Culligan/Driessen Tax Abatement Request 6.b Stone Haven Business Subsidy Request- 6.c Conflict of Interest

BEDA MEETINGTUESDAY JANUARY 12, 2021

6:00 AM BYRON CITY HALL CONFERENCE ROOM680 BYRON MAIN COURT NE

To Provide Valued Public Service and Guide the City with InnovativeThinking Toward Smart Growth.

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7) UNFINISHED BUSINESS 8) NEW BUSINESS 8.a New Development 8.b Covid -2 Grant 9) PUBLIC COMMENTS 10) ADJOURN

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AGENDA ITEM NO. 3.a

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: EDA Minutes December 15, 2020

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation:

Preparer: Janna Monosmith

ATTACHMENTS:12.15.20 BEDA Minutes.pdf

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ECONOMIC DEVELOPMENT AUTHORITY TUESDAY, DECEMBER 15, 2020 6:00 AM BYRON CITY HALL

CONFERENCE ROOM 680 BYRON MAIN COURT NE

1) CALL TO ORDER - Chairperson Domaille called the meeting to order via Zoom. Members Present via Zoom: Kelly Domaille, Chris Ryan, Shawn Bishop, Staci Kaltenbach,

Mickey Elias, Dan Mesenburg and Daryl Glassmaker.

Also Present via Zoom: Gretta Becay, Scott Schiesser, Brian Jordahl and Community Development Planner Janna Monosmith.

2) APPROVE AGENDA - Motion made by Shawn Bishop second by Chris Ryan to approve.

Motion carried. 3) CONSENT AGENDA - Motion made by Shawn Bishop second by Chris Ryan to approve.

Motion carried. 3.a. BEDA Minutes from November 17, 2020

4) COMMUNICATIONS, REPORTS &

PETITIONS 4.a. BEDA Monthly Budget 4.b. Byron November Newsletter 4.c. Council Minutes for November 10, 2020 4.d. Thought You May Want to Know: November 4.e. Truth in Taxation - FYI 4.f. 2021 Calendar - FYI 4.g. RAEDI Minutes October 27, 2020 4.h. SMIF 2020 Impact Report 4.i. Highway 14 Maps

5) PUBIC HEARING - None. 6) GENERAL BUSINESS

6.a. Fareway Introduction - Brian Jordahl introduced himself as store general manager. 6.b. RAEDI 2021 - Motion made by Chris Ryan second by Shawn Bishop to approve to donate

$1,000 to RAEDI for 2021. Motion carried. 7) UNFINISHED BUSINESS

7.a. Culligan Subsidy Discussion - Members agreed on a ten year abatement to begin in 2022-2023 depending on Culligan. Culliganwill receive back 50% of the city tax portion up to a maximum of $95,000 and create 18 jobs in Byron at the state designated working wage rate. Motion made by Shawn Bishop second by Chris Ryan to approve the abatement with the regulations as stated. Motion carried. Actual agreements will follow

7.b. Covid Grant - 2 - Members went through the second COVID grant application. Motion made by Staci Kaltenbach second by Chris Ryan that all businesses are eligible, even if they already received assistance. Motion carried.

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8) NEW BUSINESS

8.a. Byron Liquor License - Motion made by Shawn Bishop second by Staci Kaltenbach to recommend to the city council to waive the liquor license renewal payment for 2021 for On Sale and Sunday liquor licenses. Motion carried.

8.b. Meetings 2021 - Continue Virtual? - Consensus of the members is to continue with virtual meetings until June 2021.

8.c. 2021 Board Positions - Motion made by Shawn Bishop second by Staci Kaltenbach to appoint Chris Ryan as the 2021 Chair. Motion carried. Motion made by Chris Ryan second by Staci Kaltenbach to appoint Mickey Elias as the 2021 Vice Chair. Motion carried.

8.d. Member Term Expiration - Motion made by Chris Ryan second by Shawn Bishop to reappoint Staci Kaltenbach to another three year term. Staci Kaltenbach’s new term would expire at the end of 2023. Motion carried.

9) PUBLIC COMMENTS - Asked three times with no response. 10) ADJOURN - Motion made by Shawn Bishop second by Mickey Elias to adjourn the meeting at

6:57am. Motion carried.

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AGENDA ITEM NO. 4.a

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: Administration

Introduction: December Newsletter

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation:

Preparer: Janna Monosmith

ATTACHMENTS:December 2020 Newletter

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www.byronmn.com Volume 2 ❘ Issue 12 ❘ December 2020

Byron Community News BROUGHT TO YOU BY BYRON EDA AND CITY HALL

STAY INFORMEDON THE LATEST HOME TOWN

NEWS

FREE!

CITY OF BYRON MISSION STATEMENT: To provide valued public service and guide the City with innovative thinking toward smart growth.

Tara Tierney’s dream was always to own her own restaurant. When the time was right, she and her husband Eric took the chance and launched TT’s Tilted Tavern in Feb. of 2018.

The two chose the name TT’s because, “I had been called TT for many years by friends,” ex-plained Tara.

“The Tilted Tavern part was added as we were trying to do something different with more of a relaxing tavern theme. The decorations on the wall are mounted tilting in various ways and new cus-tomers always comment on them,” she said.

What kinds of food does the restaurant offer? One of their specialties is broasted chicken. They also have a great variety of burgers, sandwiches, wraps, and pizzas.

“All the food we make can be ordered for take-out,” she said. “We also now have frozen pizzas so people can stop in a grab one.”

Kitchen hours typically are Monday through Thursday 11 a.m. to 7:30 p.m., Friday 11 a.m. to 8 p.m., and Saturday 4 p.m. to 8 p.m. The restaurant is closed on Sundays. The bar will be open nightly until 10 p.m. (except Sundays) when restrictions are lifted. Hours change based on COVID mandates, explained Tara, so please call ahead or check their Facebook page before coming in.

Tara talked about a new happy-hour pricing for food and drinks that will start when COVID 19 re-strictions are no longer in place. Times will be from 3 to 5 p.m. and 8 to 9 p.m. Monday through Friday and Saturdays from 8 to 10 p.m.

Right now, the restaurant has daily lunch specials from 11 a.m. to 2 p.m. Their nightly specials run from 5 to 7:30 p.m. and are for take-out only until restrictions are lifted.

Daily specials include $2 off all Burger Baskets on Mondays; $.75 Wings on Tuesdays; $2 off Broasted Chicken Dinners on Wednesdays; $2 off Pizzas on Thursdays; and the Friday Fish Fry will soon be back.

Tara talked about getting through these times. “My husband Eric and I live in Byron and have four beautiful children: Tannar 29, Takota 24, Taytan 21 and Takinzie 20. We have an amazing family who gives us their love and support daily. We have an amazing staff and great support of our locals, which we are very thankful for. Our goal, like all other businesses, is to try and get through this pandemic.

“Supporting local is huge for all of us right now whether it is dining in with us after the restrictions are lifted, or placing take-out orders,” she said.

The tavern is located at 403 Frontage Rd. NE, the phone number is (507) 624-0606, and their email address is tlt600@aol.com. Their Facebook page is TT’s Tilted Tavern

Tara and Eric Tierney and their four children take a minute for a photo in TT’s Tilted Tavern, 403 Front-age Rd. NE. The bar and grill – family style restaurant is open seven days a week and offers daily lunch and evening specials.

“Supporting local is huge,” TT’s Tilted Tavern owners explain

It is against city ordinance to allow your dog to habitually bark (barking repeatedly for 5 mins or more with less than 1 min of interruption). To have pets freely roam the neighbor-hood, unleashed and not con-tained within the owners yard is also against city ordinance. Failure to comply with city ordi-nances could result in citations. More information can be found at https://www.byronmn.com/citycode under Chapter 94-An-imals.

Did you know...

The Byron MN Fire Department is seeking volunteers to help

serve our community. If you are interested, please visit

www.byronmn.com or contact City Hall for

an application.

We have been blessed with a mild winter season so far, but the snow can come any day.

Be sure you are ready for snow emergencies when they happen.

Sign up today for notices to be sent right to your phone at:

www.byronmn.com/emergencyalerts

Although the 2020 census figures aren’t yet available, the state demog-rapher and Byron city staff members produce an accurate estimate of By-ron’s population each year. Between 2010 and 2019, Byron’s population grew by more than 1,000 people. That’s an increase of almost 21 per-cent.

Between the beginning of 2015 and Dec. 1 of this year, Byron has issued almost $88 million in new res-idential building permits.

■ Story by Gretta Becay

City of Byron is growing

■ Story by Gretta Becay

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Call the Byron City Hall at 775-3400 to have the latest edition of the Byron Community News sent to your inbox OR pick up a copy at City Hall.• Byron Community News layout by Mind to Message Print Design •

At their December meeting, Byron city council members approved the property tax levy and city budget for 2021. The certified debt and operating levy is $4,536,063. That is an increase of $334,652 from 2020. The city’s levy portion would decrease for owners of property if their property value stayed the same. However, with the continued interest in Byron real estate, most property values may have increased

Many other factors contribute to budget and levy changes including inflation, state mandates, council initiatives, citizen influence, state law changes that affect property tax formulas, federal law changes, business incentives, infrastructure needs and public safety contracts.

The cost per resident per year is shown below:

Byron’s tax rate for 2021 levy is expected to decrease

For more information on the levy, the city website has very detailed information at: www.byronmn.com

Tree-lighting ceremony brightened many faces

Dr. Eric Ayen, president of the Byron Area Chamber of Com-merce, hosted the official tree-lighting ceremony on Dec. 12 at the park and ride lot. The ceremony was part of this year’s Brr-rFest celebration. Vice president Ben Boynton had ensured the new blue and white lights on the tree worked perfectly when the countdown ended. The small crowd that attended the event in-cluded lots of smiling children. Although festivities were curtailed this year because of the pandemic, many residents enjoyed the fireworks, the coloring contest, the bear-paw hunt, and the Christ-mas light tour. Photo by Gretta Becay

City Hall will be closed: January 1

(New YearsDay)

January 18 (Martin Luther King Day)

■ Story by Gretta Becay

Compared to neighboring communities of similar size,

Byron’s tax rate is lower than most.

Business operations are subject to change. Please call to verify.

Thank you for your support!

3D’s Sports BarOff sale only - (507) 775-2494

Bear’s DenTake out only. Mon.-Thur. 4p-8p,

Fri.-Sun. 11a-8p - ( 507) 775-2332

Dairy QueenCarry out & drive thru only -

( 507) 775-2626

Frank-N-SteinsTake out. Wed.- Fri. 4p-8p,

Sat. 9a-1p & 4p-7:30p, Sun. 9a-1p - ( 507) 775-6440

Healthy StartCurbside service. Mon.-Fri.

7a-5:30p, Sat. 8a-2p, Sun. 10a-2p. - ( 507) 624-0455

Happy ChinaTake out only. Online ordering

available. Hours 11a-9p(507) 775-9995

McDonald’sDrive thru only - ( 507) 775-0935

Otto’s BakeryTake out only. Mon.-Fri. 6a-5:30p,Sat. 6a-12:30p - ( 507) 775-2778

Schoenies PizzaTake out and delivery available.

Hours 4p-9p Tue.-Thur., 4p-10p Fri., 11a-10p Sat.,

Sun. 11a-9p - ( 507) 315-5050

Somerby ChophouseClosed until further notice.

SubwayCarry out & online ordering.

Hours 10a - 9p - ( 507) 775-6664

TT’s Titled TavernTake out. Mon.-Thur. 11a-7:30p, Fri. 11a-8p, Sat. 4-8p. In town delivery available Fri. & Sat. evenings. - ( 507) 624-0606

Wildwood Sport BarTake out & delivery available to Byron, Kasson & Mantorville.

Hours Wed.-Sun. 11:30a-7:30p( 507) 624-0442

CLOSED8

AGENDA ITEM NO. 4.b

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: Administration

Introduction: December Finance Report

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation:

Preparer: Monica Bishop

ATTACHMENTS:December Finance Report.pdf

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AGENDA ITEM NO. 4.c

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: BEDA Monthly Update

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation:

Preparer: Janna Monosmith

ATTACHMENTS:January 2021 BEDA MONTHLY.pdf

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Byron Economic Development Association December 2020 MONTHLY UPDATE 

  

PERSPECTIVE BEDA PROJECTS: LED Signage Welcome sign- Waiting for quotes for removal of old/construction of new  PROSPECTIVE BUSINESSES:  PERSPECTIVE LAND DEVELOPMENT: Met with new owners of Stone Haven regarding upcoming project Spoke with engineer regarding residential/commercial project near City Hall Spoke with engineer regarding potential development on western side of Byron Received an inquiry about land S of Hwy 14 and impacts of future interchange.   MEETINGS ATTENDED: Delivered 20 BEDA sponsored cleaning boxes to area businesses affected by Covid shutdowns.  Attended virtual DEED networking meeting. Virtually attended 1 Million Cups-Rochester Virtually attended Rochester Chamber Path Forward 2021  ADDITIONAL INFO:   Created 30 cleaning boxes for businesses to pick up at City Hall on a first come/first serve basis. Toured the new construction of the Byron 47 project.    If you would like more specific information please ask.   

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AGENDA ITEM NO. 4.d

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: Administration

Introduction: City Council Minutes of December 8, 2020

Request for Action:

Background /Justification: Review minutes

Fiscal Impact:

Staff Recommendation:

Preparer: Janna Monosmith

ATTACHMENTS:12.8.20 Council minutes.pdf

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BYRON CITY COUNCIL MEETING TUESDAY, DECEMBER 8, 2020

6:00 PM CITY HALL COUNCIL CHAMBERS 680 BYRON MAIN COURT NE, BYRON MN 55920

1) CALL TO ORDER - Acting Mayor Matt Brekke called the meeting to order at 6:04pm.

Pledge of Allegiance.

Members Present: Matt Brekke, Dan Mesenburg, Steven Cook and Jameson Hanson. Member Absent: Daryl Glassmaker.

Also Present: Deputy Adam Hennen, Tim Voll, City Engineer Bill Angerman, Kelli Cheney via Zoom, Gretta Becays via Zoom, Community Development Coordinator Janna Monosmith, Public Works Superintendent Tom Ricke and City Administrator Mary Blair-Hoeft.

2) APPROVE AGENDA - Motion made by Dan Mesenburg second by Steven Cook to approve.

Motion carried. 3) APPROVE CONSENT AGENDA - Motion made by Steven Cook second by Jameson Hanson to

approve. Motion carried. 3.a. Council Minutes for November 10, 2020 3.b. BEDA Minutes for October 20, 2020 3.c. Park Board Minutes for September 28, 2020 3.d. Warrant List for November 13, 2020 - $247,956.00 3.e. Approval After Payment for November 19, 2020 - $82,305.15 3.f. Warrant List for November 24, 2020 - $244,948.48 3.g. Warrant List for December 8, 2020 - $438,822.53 3.h. Infrastructure Release - East Brookfield Fourth 3.i. Trash Haulers Permits for 2021 3.j. Tobacco License Renewals for 2021 3.k. 2020 Engagement Agreement with Abdo Eick & Meyers LLP 3.l. 2020 Street Project Pay Request 5 - DeCook Excavating 3.m. Pond F Pay Request 3 - Edge Contracting, Inc 3.n. 10th Ave & 7th St. NE Roundabout Pay Request 6-Final - Rochester Sand & Gravel 3.o. Secondary Digester Cover Replacement Pay Request 3 - Magney Construction, Inc 3.p. Field Usage Policy - Park Department 3.q. Byron Park Sign Policy - Park Department 3.r. Park Board Member Appointment 3.s. P&Z Board Member Renewal - Lermon

4) COMMUNICATIONS, REPORTS AND PETITION

4.a. Byron Community Newsletter - November - FYI 4.b. 2020 LMCIT Dividend - FYI 4.c. 2021 Calendar - FYI 4.d. Thought You May Want to Know: November - FYI 4.e. 2020 3rd Quarter Financial Report - FYI 4.f. Incidents and Calls for Byron - FYI

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Page Two, 12.8.20 City Council Minutes 5) PUBLIC HEARING - Motion made by Steven Cook second by Dan Mesenburg to open the

public hearings for both the Truth and Taxation and Resolution 2020-41B at 6:20pm. Motion carried. 5.a. Truth in Taxation (6:00PM) - Hoeft went through her the powerpoint and provided

information regarding the 2021 budget; she recommended that the City Council lower the tax rate to approximately 68.

Tim Voll of 1223 Sundance Court voiced concern about his taxing going up and questioned why he pays the same amount in taxes when he lives on a private street where the city doesn't plow. He also voiced concern regarding dirty water. Ricke explained why the road is not plowed by the City. Ricke stepped into the hall to make arrangements to review the dirty water issue. Motion made by Steven Cook second by Dan Mesenburg to close the public hearing at 6:57pm. Motion carried

5.b. Resolution 2020-41B - Hoeft explained that the Resolution is for water bills that haven't been paid and that amount will be applied to next year's property taxes. Property owners have been notified as per the Ordinance. Motion made by Steven Cook second by Jameson Hanson to close the public hearing. Motion carried. Motion made by Steven Cook second by Dan Mesenburg to approve Resolution 2020-410B assessing delinquent utilities. Motion carried.

6) GENERAL BUSINESS

6.a. Resolution 20-44 Designating a Polling Place - Motion made by Steven Cook second by Jameson Hanson to approve. Motion carried.

7) UNFINISHED BUSINESS - None. 8) NEW BUSINESS

8.a. 2021 Water & Sewer Expense & Revenue & CIP Budgets - Hoeft and Ricke reviewed the water and sewer budgets for next year. Motion to approve as presented made by Jameson Hanson second by Steven Cook to approve. Motion carried.

8.b. Ordinance 2020 - 09 Mayor/Council Person Stipend - Hoeft explained that there has not been an increase since 2017 and presented an increase the Mayor/Council pay to keep inline with other similar sized cities. Consensus of the members is they don't feel comfortable with this at this time and would like to table this for another two years. Ordinance 2020-09 died for lack of motion.

8.c. Resolution 20-43 Final 2021 Levy - Hoeft presented the 2021 Operating Budgets and CIP Budget. Motion made by Steven Cook second by Dan Mesenburg to approve as presented. Motion carried.

8.d. Resolution 20-45 Receiving Preliminary Report and Calling a Public Hearing on 2021 Street Project - Angerman and Ricke explained the street projects for 2021. It's a complete reconstruct of Byron Avenue North from the Frontage Road to 4th Street NE, 1st Avenue NE and 2nd Street NE with 2nd Street having a sidewalk on the north side. Sewer lines will be replaced and a water line will be added in the area between 6th Street NE and 7th Street NE. Motion made by Steven Cook second by Jameson Hanson to approve Resolution 20-45 for Receiving the Preliminary Report and to Call for a Public Hearing on January 12, 2021. Motion carried

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Page Three, 12.8.20 City Council Minutes 8) PUBLIC COMMENTS - Asked three times with no response. 9) COMMITTEE BOARD REPORTS/OPEN DISCUSSION - Cook attended P&Z and Park Board.

Mesenburg attended EDA and will be attending the Community Lead meeting next week. He also

thanked Jameson for stepping in as a council member for the year. Hanson spoke about BrrrFest that is happening this coming weekend. Brekke attended the 1st Responders meeting.

10) ADJOURN - Motion made by Steven Cook second by Dan Mesenburg to adjourn at 7:47pm.

Motion carried.

Daryl Glassmaker, Mayor Mary Blair-Hoeft, City Administrator

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AGENDA ITEM NO. 4.e

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: BACC Information

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation:

Preparer: Janna Monosmith

ATTACHMENTS:BACC Information

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AGENDA ITEM NO. 6.a

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: Culligan/Driessen Tax Abatement Request

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation: Recommend to the City Council to approve the abatement aspresented for Culligan/Driessen Water. The Abatement Agreement stipulates: - 10 year abatement.- 50% of city portion of taxes abated.- Maximum abatement is $95,000 Culligan commits to:- 18 new jobs in Byron @ a wage that will meet Olmsted County'shourly living wage as set by the State of MN.- 10,000 square foot building, 8,000 square feet warehouse, 2,000square feet office/retail space.- Become and maintain an active member in the Byron Chamber ofCommerce.- Can't contest property values during length of agreement.

Preparer: Janna Monosmith

ATTACHMENTS:Culligan TAX ABATEMENT AGREEMENT.pdfCulligan EDA RESOLUTION APPROVING AND RECOMMENDING TAX ABATEMENTS ANDAGREEMENT.pdfCulligan ReturnCulligan Application.pdf

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TAX ABATEMENT AGREEMENT

BY AND AMONG

THE CITY OF BYRON, MINNESOTA

AND

DRIESSEN WATER, INC.

THIS DOCUMENT WAS DRAFTED BY: Taft Stettinius & Hollister LLP (MLI) 2200 IDS Center 80 South Eighth Street Minneapolis, MN 55402

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TABLE OF CONTENTS

Page

ARTICLE I DEFINITIONS 1

Section 1.1 Definitions 1 ARTICLE II REPRESENTATIONS AND WARRANTIES 3

Section 2.1 Representations and Warranties of the City 3 Section 2.2 Representations and Warranties of the Company 3

ARTICLE III UNDERTAKINGS BY COMPANY AND CITY 4 Section 3.1 Project; Reimbursement of Project Cost; Legal and

Administrative Expenses 4 Section 3.2 Limitations on Undertaking of the City Regarding Tax

Abatement 5 Section 3.3 Damage and Destruction 5 Section 3.4 Change in Use of Project 5 Section 3.5 Transfer of the Project and Assignment of Agreement 5 Section 3.6 Real Property Taxes 5 Section 3.7 Action to Reduce Real Property Taxes 6 Section 3.8 Wage and Job Requirements 6 Section 3.9 Duration of Abatement Program 7 Section 3.10 Other Limitations Regarding Tax Abatement 7

ARTICLE IV EVENTS OF DEFAULT 8 Section 4.1 Events of Default Defined 8 Section 4.2 Remedies on Default 8 Section 4.3 No Remedy Exclusive 9 Section 4.4 No Implied Waiver 9 Section 4.5 Agreement to Pay Attorney's Fees and Expenses 9 Section 4.6 Release and Indemnification Covenants 9

ARTICLE V ADDITIONAL PROVISIONS 10 Section 5.1 Conflicts of Interest 10 Section 5.2 Titles of Articles and Sections 10 Section 5.3 Notices and Demands 10 Section 5.4 Counterparts 11 Section 5.5 Law Governing 11 Section 5.6 Duration 11 Section 5.7 Provisions Surviving Rescission or Expiration 11

EXHIBIT A TAX ABATEMENT PROPERTY DESCRIPTION A-1

-1-

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TAX ABATEMENT AGREEMENT

THIS TAX ABATEMENT AGREEMENT (this "Agreement"), is made as of January 12, 2021 (the "Effective Date"), by and between the City of Byron, Minnesota, a political subdivision of the State of Minnesota (the "City"), and Driessen Water, Inc., a Minnesota corporation (the "Company").

WlTNESSETH:

WHEREAS, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815, the City has established a Tax Abatement Program; and

WHEREAS, the City believes that the development and construction of a certain Project (as defined herein) and the fulfillment of this Agreement: are vital and are in the best interests of the City; will result in the preservation and enhancement of the tax base; will provide employment opportunities; and are in accordance with the public purpose and provisions of the applicable state and local laws and requirements under which the Project has been undertaken and is being assisted; and

WHEREAS, other than specific reporting requirements, the requirements of the Business Subsidy Law, Minnesota Statutes, Section 116J.993 through 116J.995, do not apply to this Agreement pursuant to the exemption provided by Minnesota Statutes, Section 116J.993, Subd. 3(1).

NOW, THEREFORE, in consideration of the premises and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows:

ARTICLE I

DEFINITIONS

Section I.1 Definitions. All capitalized terms used and not otherwise defined herein shall have the following meanings unless a different meaning clearly appears from the context:

Agreement means this Tax Abatement Agreement, as the same may be from time to time modified, amended or supplemented;

Benefit Date means the earlier of the date the Project is completed or the date that the Project is placed in service;

Business Day means any day except a Saturday, Sunday or a legal holiday or a day on which banking institutions in the City are authorized by law or executive order to close;

City means the City of Byron, Minnesota;

Company means Driessen Water, Inc., a Minnesota corporation, its successors and assigns;

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County means Olmsted County, Minnesota;

Event of Default means any of the events described in Section 4.1;

Legal and Administrative Expenses means the fees or expenses incurred by the City in connection with the preparation of this Agreement and the establishment of the Tax Abatement Program;

Project means the acquisition and construction by the Company of an approximately 8,000 square-foot warehouse and 2,000 square-foot office/retail facility, which shall have a minimum assessed value of $800,000 upon completion, for the storage and sale of Culligan water products located on the Tax Abatement Property;

State means the State of Minnesota;

Tax Abatement Act means Minnesota Statutes, Sections 469.1812 through 469.1815, as amended;

Tax Abatement Program means the actions by the City pursuant to Minnesota Statutes, Section 469.1812 through 469.1815, as amended, and undertaken in support of the Project;

Tax Abatement Property means the property described on Exhibit A;

Tax Abatements means, beginning with real estate taxes payable in 2023 through 2032, 50% of the City's share of real estate taxes on the Tax Abatement Property, abated in accordance with the Tax Abatement Program, which shall not exceed in the aggregate $95,000;

Term means the period in which this Agreement shall remain in effect, commencing on the Effective Date and continuing until the earlier of (i) the date the Company receives the final payment of Tax Abatements totaling the Reimbursement Amount (as defined herein), or (ii) February 1, 2033, unless earlier terminated or rescinded in accordance with the terms contained herein; and

Unavoidable Delays means delays, outside the control of the party claiming its occurrence, including strikes, other labor troubles, unusually severe or prolonged bad weather, acts of God, fire or other casualty to the Project, litigation commenced by third parties which, by injunction or other similar judicial action or by the exercise of reasonable discretion, directly results in delays, or acts of any federal, state or local governmental unit (other than the City) which directly result in delays.

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ARTICLE II

REPRESENTATIONS AND WARRANTIES

Section II.1 Representations and Warranties of the City. The City makes the following representations and warranties:

(1) The City is a political subdivision and has the power to enter into this Agreement and carry out its obligations hereunder.

(2) The Tax Abatement Program was created, adopted and approved in accordance with the terms of the Tax Abatement Act.

(3) To help finance the costs of the Project to be undertaken by the Company, the City proposes, subject to the further provisions of this Agreement, to apply the Tax Abatements to reimburse the Company for costs of the Project as further provided in this Agreement.

(4) The City has made the findings required by the Tax Abatement Act for the Tax Abatement Program.

Section II.2 Representations and Warranties of the Company. The Company makes the following representations and warranties:

(1) The Company has the power to enter into this Agreement and to perform its obligations hereunder and is not in violation of its articles of incorporation, bylaws, or any other governing document of similar import, or any local, state or federal laws.

(2) The Company is a corporation duly organized, validly existing and in good standing under the laws of the State of Minnesota, is registered and in good standing with the State, and has the power to enter into this Agreement and carry out the covenants contained herein.

(3) The Company will cause the Project to be constructed in accordance with the terms of this Agreement and all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations).

(4) The Company will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed.

(5) The construction of the Project would not be undertaken by the Company, and in the opinion of the Company would not be economically feasible within the reasonably foreseeable future, without the assistance and benefit to the Company provided for in this Agreement.

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(6) Neither the execution and delivery of this Agreement, the consummation of the

transactions contemplated hereby, nor the fulfillment of or compliance with the terms and conditions of this Agreement is prevented, limited by or conflicts with or results in a breach of, the terms, conditions or provision of any contractual restriction, evidence of indebtedness, agreement or instrument of whatever nature to which the Company is now a party or by which it is bound, or constitutes a default under any of the foregoing.

(7) The Company will cooperate fully with the City with respect to any litigation commenced with respect to the Project.

(8) The Company will cooperate fully with the City in the resolution of any traffic, parking, trash removal or public safety problems which may arise in connection with the construction and operation of the Project.

(9) The construction of the Project shall commence no later than August 1, 2021 and barring Unavoidable Delays, will be substantially completed by January 1, 2022.

ARTICLE III

UNDERTAKINGS BY COMPANY AND CITY

Section III.1 Project; Reimbursement of Project Cost; Legal and Administrative Expenses.

(1) The Company agrees that, barring Unavoidable Delays, it will substantially complete the Project by January 1, 2022, in accordance with the terms of this Agreement and in compliance with all local, state and federal laws and regulations (including, but not limited to, environmental, zoning, energy conservation, building code and public health laws and regulations). The Company will obtain or cause to be obtained, in a timely manner, all required permits, licenses and approvals, and will meet, in a timely manner, all requirements of all applicable local, state, and federal laws and regulations which must be obtained or met before the Project may be lawfully constructed. The Company will, at all times prior to the termination of this Agreement, operate and maintain, preserve and keep the Project or cause the Project to be maintained, preserved and kept with the appurtenances and every part and parcel thereof, in good repair and condition.

(2) Upon submission to the City of invoices relating to the cost of the acquisition and construction of the Project in an amount not less than $95,000 (the "Reimbursement Amount"), the City shall reimburse the Company for such costs pursuant to the Abatement Program as provided in Section 3.9, and subject to the Company's compliance with the terms and conditions contained in this Agreement.

(3) The Company shall reimburse the City for all Legal and Administrative Expenses.

(4) The Company agrees to become a member of the Byron Area Chamber of Commerce within 6 months of completion of the Project, and maintain an active membership with the Byron Area Chamber of Commerce for the Term of the Agreement.

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Section III.2 Limitations on Undertaking of the City Regarding Tax Abatement.

Notwithstanding the provisions of Section 3.1, the City shall have no obligation to the Company, under this Agreement, to reimburse the Company for any portion of the costs of the Project, if the City, at the time or times such payment is to be made, is entitled under Section 4.2 to exercise any of the remedies set forth therein as a result of an Event of Default which has not been cured. Notwithstanding any other provisions of the Agreement, the City shall have no obligation to the Company under this Agreement to reimburse the Company for the construction of the Project in an amount greater than $95,000.

Section III.3 Damage and Destruction. In the event of damage or destruction of the Project that (i) the Company chooses not to repair or rebuild, or (ii) the Company does not commence and diligently pursue such repair or rebuilding within ninety (90) days after such event of damage or destruction, the City may, with written notice to Company, terminate this Agreement and discontinue such Tax Abatement Program for the Project.

Section III.4 Change in Use of Project. The City's obligations pursuant to this Agreement shall be subject to the continued operation of the Project by the Company, or any successors or assigns of Company approved by the City as set forth in Section 3.5 below, during the Term.

Section III.5 Transfer of the Project and Assignment of Agreement. The Company represents and agrees that prior to the expiration or earlier termination of this Agreement the Company shall not assign this Agreement in conjunction with a transfer of the Project or any part thereof or any interest therein, without the prior written approval of the City, which approval shall not be unreasonably withheld, conditioned or delayed. The City shall be entitled to require as conditions to any such approval that:

(1) Any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the City, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Company.

(2) Any proposed transferee, by instrument in writing reasonably satisfactory to the City, shall, for itself and its successors and assigns, and expressly for the benefit of the City, have expressly assumed all of the obligations of the Company under this Agreement and agreed to be subject to all the conditions and restrictions to which the Company is subject.

The City shall provide the Company with written approval or denial within thirty (30) days of the Company's request therefor. In the event of a transfer of the Project to a transferee approved by the City, the Company shall be released from liability hereunder after the date of such transfer, and the City shall look solely to such transferee to fulfill the obligation of the Company hereunder.

Section III.6 Real Property Taxes. The Company shall, so long as this Agreement remains in effect, pay all real property taxes with respect to all parts of the Tax Abatement Property owned by it which are payable pursuant to any statutory or contractual duty that shall

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accrue until title to the property is vested in another person. The Company agrees that for tax assessments so long as this Agreement remains in effect:

(1) It will not seek administrative review or judicial review of the applicability of any tax statute relating to the ad valorem property taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Company or raise the inapplicability of any such tax statute as a defense in any proceedings with respect to the Tax Abatement Property, including delinquent tax proceedings; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax;

(2) It will not seek administrative review or judicial review of the constitutionality of any tax statute relating to the taxation of real property contained on the Tax Abatement Property determined by any tax official to be applicable to the Project or the Company or raise the unconstitutionality of any such tax statute as a defense in any proceedings, including delinquent tax proceedings with respect to the Tax Abatement Property; provided, however, "tax statute" does not include any local ordinance or resolution levying a tax; and

(3) It will not seek any tax deferral or abatement, either presently or prospectively authorized under Minnesota Statutes, Section 469.181, or any other State or federal law, of the ad valorem property taxation of the Tax Abatement Property so long as this Agreement remains in effect.

Section III.7 Action to Reduce Real Property Taxes. The Company may not seek through petition or other means to have the market value for the Tax Abatement Property as determined by the County Assessor reduced for any year in which: (i) the Tax Abatement Program is being undertaken by the City; or (ii) the City is scheduled to make a payment to the Company pursuant to Section 3.9 of this Agreement.

Section III.8 Wage and Job Requirements.

(1) The Company agrees that it shall meet the following goals (the "Goals"): create and maintain through Term of this Agreement, at least eighteen (18) new full-time jobs upon completion of the Project at a minimum hourly wage equal to the most recently published hourly living wage for Olmsted County as determined by the Minnesota Department of Employment and Economic Development (for 2019, the hourly living wage for Olmsted County was $17.78) plus benefits.

(2) If none of the Goals are met by the Company, the Company agrees to repay all of the Reimbursement Amount to the City, plus interest ("Interest") set at the implicit price deflator defined in Minnesota Statutes, Section 275.70, Subdivision 2, accruing from and after the Benefit Date, compounded semiannually. If the Goals are met in part by the Company, the Company will repay a portion of the Reimbursement Amount (plus Interest) determined by multiplying the Reimbursement Amount by a fraction, the numerator of which is the number of jobs in the Goals which were not retained or created at the wage level set forth above and the denominator of which is eighteen (18) (i.e. number of jobs set forth in the Goals).

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(3) The Company agrees to (i) report the Company's progress on achieving the Goals

to the City until the later of the date the Goals are met or two years from the Benefit Date, or, if the Goals are not met, until the date the Reimbursement Amount is repaid, (ii) include in the report the information required by Minnesota Statutes, Section 116J.993 through 116J.995, on forms developed by the Minnesota Department of Employment and Economic Development, and (iii) send completed reports to the City. The Company agrees to file these reports no later than March 1 of each year for the previous year, commencing March 1, 2022, and within 30 days after the deadline for meeting the Goals. The City agrees that if reports are not received by the City, the City will mail the Company a warning within one week of the required filing date. If within 14 days of the postmarked date of the warning the reports are not made, the Company agrees to pay to the City a penalty of $100 for each subsequent day until the report is filed up to a maximum of $1,000.

(4) The Company agrees to continue operation of the Project for the Term of this Agreement. If the Company fails to meet the requirement to operate the Project in accordance with this Section 3.8(4) hereof, the Company shall repay the City a pro rata share of the Reimbursement Amount made by the City plus Interest calculated as follows: one hundred twenty (120) less the number of months of operation of the Project (where any month in which the facility is in operation for at least fifteen (15) days constitutes a month of operation), commencing on the date of the certificate of completion and ending with the date the Project ceases operation as determined by the City, divided by one hundred twenty (120).

(5) The Company certifies that it does not appear on the Minnesota Department of Employment and Economic Development's list of developers that have failed to meet the terms of a business subsidy agreement.

(6) The Company understands and agrees that if it fails to meet the Goals or operate the Project in accordance with Section 3.8(4) hereof, it may not receive further assistance from the City, for a period of five (5) years from the date of the failure or until the Company satisfies its repayment obligation under this Section, whichever occurs first.

Section III.9 Duration of Abatement Program. The Tax Abatement Program shall exist for a period of up to ten (10) years beginning with real estate taxes payable in 2023 through 2032. On or before February 1 and August 1 of each year commencing August 1, 2023 until the earlier of the date that the Company shall have received the Reimbursement Amount or February 1, 2033 the City shall pay the Company the amount of the Tax Abatements received by the City in the previous six month period, subject to the Company's compliance with the terms and conditions of this Agreement, and the provisions of Section 3.1(2) and Section 3.10. The City may terminate the Tax Abatement Program and this Agreement at an earlier date if an Event of Default occurs and the City rescinds or cancels this Agreement as more fully set forth in Article IV herein.

Section III.10 Other Limitations Regarding Tax Abatement. The pledge of Tax Abatements is subject to all the terms and conditions of the resolution approving the abatement approved by the City Council of the City on January 12, 2021. The City makes no warranties or representations as to the amount of the Tax Abatements. Any estimates of Tax Abatements

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amounts prepared by the City or the City's financial consultants are for the benefit of the City only, and the Company is not entitled to rely on such estimates.

The Company further acknowledges that the total property tax abatements payable by the City in any year may not exceed the greater of $200,000 or ten percent of the City's levy for that year (such limit referred to as the "Abatement Volume Cap"), all pursuant to Section 469.1813, subdivision 8 of the Tax Abatement Act. The City does not warrant or represent that the Tax Abatements in the amounts pledged under this Agreement will be within the City's Abatement Volume Cap.

ARTICLE IV

EVENTS OF DEFAULT

Section IV.1 Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean whenever it is used in this Agreement any one or more of the following events:

(1) Failure by the Company to timely pay any ad valorem real property taxes, special assessments, utility charges or other governmental impositions with respect to the Project.

(2) Failure by the Company to cause the construction of the Project to be completed pursuant to the terms, conditions and limitations of this Agreement.

(3) Failure by the Company to observe or perform any other covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement.

(4) The Company shall

(a) file any petition in bankruptcy or for any reorganization, arrangement, composition, readjustment, liquidation, dissolution, or similar relief under the United States Bankruptcy Act of 1978, as amended or under any similar federal or state law; or

(b) make an assignment for the benefit of its creditors; or (c) admit in writing its inability to pay its debts generally as they become due;

or (d) be adjudicated a bankrupt or insolvent; or if a petition or answer proposing

the adjudication of the Company, as a bankrupt or its reorganization under any present or future federal bankruptcy act or any similar federal or state law shall be filed in any court and such petition or answer shall not be discharged or denied within sixty (60) days after the filing thereof; or a receiver, trustee or liquidator of the Company, or of the Project, or part thereof, shall be appointed in any proceeding brought against the Company, and shall not be discharged within sixty (60) days after such appointment, or if the Company, shall consent to or acquiesce in such appointment.

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Section IV.2 Remedies on Default. Whenever any Event of Default referred to in

Section 4.1 occurs and is continuing, the City, as specified below, may take any one or more of the following actions after the giving of thirty (30) days' written notice to the Company citing with specificity the item or items of default and notifying the Company that it has thirty (30) days within which to cure said Event of Default. If the Event of Default has not been cured within said thirty (30) days:

(a) The City may suspend its performance under this Agreement until it receives assurances from the Company, deemed adequate by the City, that the Company will cure its default and continue its performance under this Agreement.

(b) The City may cancel and rescind the Agreement.

(c) The City may take any action, including legal or administrative action, in law or equity, which may appear necessary or desirable to enforce performance and observance of any obligation, agreement, or covenant of the Company under this Agreement.

Section IV.3 No Remedy Exclusive. No remedy herein conferred upon or reserved to the City is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof but any such right and power may be exercised from time to time and as often as may be deemed expedient.

Section IV.4 No Implied Waiver. In the event any agreement contained in this Agreement should be breached by any party and thereafter waived by any other party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder.

Section IV.5 Agreement to Pay Attorney's Fees and Expenses. Whenever any Event of Default occurs and the City shall employ attorneys or incur other expenses for the collection of payments due or to become due or for the enforcement or performance or observance of any obligation or agreement on the part of the Company herein contained, the Company agrees that they shall, on demand therefor, pay to the City the reasonable fees of such attorneys and such other expenses so incurred by the City.

Section IV.6 Release and Indemnification Covenants.

(1) The Company releases from and covenants and agrees that the City and its governing body members, officers, agents, servants and employees shall not be liable for and agrees to indemnify and hold harmless the City, and its governing body members, officers, agents, servants, and employees against any loss or damage to property or any injury to or death of any person occurring at or about or resulting from any defect in the Project.

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(2) Except for any willful misrepresentation or any willful or wanton misconduct of

the following named parties, the Company agrees to protect and defend the City, and its governing body members, officers, agents, servants and employees, now or forever, and further agrees to hold the aforesaid harmless from any claim, demand, such, action or other proceeding whatsoever by any person or entity whatsoever arising or purportedly arising from a breach of the obligations of the Company under this Agreement, or the transactions contemplated hereby or the acquisition, construction, installation, ownership, maintenance and operation of the Project.

(3) The City and its governing body members, officers, agents, servants and employees shall not be liable for any damages or injury to the persons or property of the Company or its officers, agents, servants or employees or any other person who may be about the Project due to any act of negligence of any person.

(4) All covenants, stipulations, promises, agreements and obligations of the City contained herein shall be deemed to be the covenants, stipulations, promises, agreements and obligations of the City and not of any governing body member, officer, agent, servant or employee of the City in the individual capacity thereof.

ARTICLE V

ADDITIONAL PROVISIONS

Section V.1 Conflicts of Interest. No member of the governing body or other official of the City shall participate in any decision relating to the Agreement which affects his or her personal interests or the interests of any corporation, partnership or association in which he or she is directly or indirectly interested. No member, official or employee of the City shall be personally liable to the City in the event of any default or breach by the Company or successor or on any obligations under the terms of this Agreement.

Section V.2 Titles of Articles and Sections. Any titles of the several parts, articles and sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions.

Section V.3 Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under this Agreement by any party to any other shall be sufficiently given or delivered if it is dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally, and

(1) in the case of the Company, is addressed to or delivered personally to:

Driessen Water, Inc. 110 W Fremont St. Owatonna, MN 55060 Attn: Michael Herman, CEO

(2) in the case of the City, is addressed to or delivered personally to the City at:

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City of Byron 680 Byron Main Court NE Byron, MN 55920-1637

or at such other address with respect to any such party as that party may, from time to time, designate in writing and forward to the other, as provided in this Section.

Section V.4 Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument.

Section V.5 Law Governing. This Agreement will be governed and construed in accordance with the laws of the State of Minnesota.

Section V.6 Duration. This Agreement shall remain in effect through the Term, unless earlier terminated or rescinded in accordance with its terms.

Section V.7 Provisions Surviving Rescission or Expiration. Sections 4.5 and 4.6 shall survive any rescission, termination or expiration of this Agreement with respect to or arising out of any event, occurrence or circumstance existing prior to the date thereof.

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IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its

name and on its behalf, and the Company has caused this Agreement to be duly executed in its name and on its behalf, on or as of the date first above written.

This is a signature page to the Tax Abatement Agreement dated as of ___________, 2021, by and between the City of Byron, Minnesota, and Driessen Water, Inc.

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Driessen Water, Inc. THE CITY OF BYRON

By Its: CEO

By Its Mayor

By Its Administrator

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EXHIBIT A

TAX ABATEMENT PROPERTY DESCRIPTION

The western 193 feet of that certain parcel identified as PID# 75.31.14.061644, which will have the common address of 993 Frontage Road NW, Byron, MN.

A-1

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EXTRACT OF MINUTES OF A MEETING OF THE OF THE BOARD OF COMMISSIONERS OF THE

ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BYRON

HELD: January 12, 2021

Pursuant to due call and notice thereof, a regular or special meeting of the Board of Commissioners of the Economic Development Authority of the City of Byron, Olmsted County, Minnesota, was duly called and held on January 12, 2021, at 6:00 a.m.

The following members of the Board of Commissioners were present:

and the following were absent:

Member __________ introduced the following resolution and moved its adoption:

RESOLUTION 20-01 EDA RECOMMENDING TO THE CITY OF BYRON THE APPROVAL OF CERTAIN PROPERTY TAX ABATEMENTS AND THE AUTHORIZATION TO EXECUTE AN AGREEMENT RELATED THERETO

A. WHEREAS, the City of Byron, Minnesota (the "City"), has been requested by Driessen Water, Inc, (the "Company") to abate property taxes, pursuant to Minnesota Statutes, Sections 469.1812 through 469.1815 (the "Abatement Law"), in order to assist in the financing of the acquisition and construction by the Company of a new warehouse and retail facility for the storage and sale of Culligan water products, to be located at 993 Frontage Road NW, within the City (the "Project"); and

B. WHEREAS, it is proposed that the City will enter into a Tax Abatement Agreement (the "Agreement"), which provides for the use of tax abatements to assist in the financing of the Project, in part; and

C. WHEREAS, the City Council shall hold a public hearing on the question of granting the tax abatements, pursuant to the Abatement Law; and

D. WHEREAS, the Abatement is authorized under the Abatement Law; and

E. WHEREAS, the Board of Commissioners (the "Board") of the Economic Development Authority of the City of Byron ("BEDA") is considering a recommendation to the City to approve tax abatements on 50% of the City's portion of property taxes on the property, described in Exhibit A, attached hereto (the "Tax Abatement Property"), in an amount not to exceed $95,000 for a term of up to ten (10) years to assist in the financing of a portion of the costs of the Project (the "Abatement"):

NOW, THEREFORE, BE IT RESOLVED, by the Board as follows:

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1. Findings. The Board hereby makes the following findings:

(a) The Abatement is for 50% of the City's share of taxes on the Tax Abatement Property.

(b) The benefits to the City of the Abatement are expected to at least equal or exceed the costs to the City thereof.

(c) Granting the Abatement is in the public interest because it will:

(i) increase or preserve tax base; and

(ii) provide employment opportunities in the City.

(d) The Tax Abatement Property is not located in a tax increment financing district.

2. Abatement. The Board hereby approves of the Abatement, and recommends that the City Council approve the Abatement, subject to the Abatement Law, the public hearing to be held therefor, and the terms of the Agreement.

3. Approval of Agreement. The Board hereby approves of the Agreement, in substantially the form submitted, and recommends that the City Council approve the Agreement. The approval hereby given to the Agreement includes approval of such additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be necessary and appropriate and approved by the City officials authorized to execute the Agreement.

The motion for adoption of the foregoing resolution was duly seconded by member _________________ and, after full discussion thereof, and upon a vote being taken thereof, the following voted in favor thereof:

and the following voted against same:

whereupon said resolution was declared duly adopted.

Adopted this 12th day of January, 2021 by the Board of Commissioners of the Economic Development Authority of the City of Byron.

__________________________________ President

Attest: ________________________

Secretary

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STATE OF MINNESOTA ) ) ss.

COUNTY OF OLMSTED )

I, the undersigned, being the duly qualified and acting Secretary of the Economic

Development Authority of the City of Byron, DO HEREBY CERTIFY that the attached

resolution is a true and correct copy of an extract of minutes of a meeting of the Board of

Commissioners of the Economic Development Authority of the City of Byron, as such minutes

relate to the approval of tax abatements and an agreement therefor, and the recommendation to

the City Council to approve the same.

WITNESS my hand this ___ day of January, 2021

Secretary

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AGENDA ITEM NO. 6.b

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: Stone Haven Business Subsidy Request-

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation: The new owners of the Stone Haven town homes has approached thecity regarding a tax abatement for the continuation of the townhomeproject. The project entails:1. Creating a tax abatement that encompasses the existing 3 buildings(30 units) to cover the gap financing for the construction of theremaining 9 buildings (90 units). They would commit to have theremaining 9 buildings to be built out and/or under constructionwithin 5 years of the signed contract. 2. The board should be prepared to discuss their level of interest inpartnering with this project; keeping in mind this property has satvacant for 15 years. 3. The developer is showing that they need $15,000 per building tomake their project work at the construction rate of full build out in 5years. If the EDA is interested in pursuing this partnership, staff would needto hire a financial consultant to run numbers to ensure that staff haslooked at everything correctly assuring that the investment return isaccurate. Should we move forward to get approval at the Februarymeeting?

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Preparer: Janna Monosmith

ATTACHMENTS:Stone Haven Comparison

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AGENDA ITEM NO. 6.c

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: Conflict of Interest

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation: Complete and Return Conflict of Interest form

Preparer: Janna Monosmith

ATTACHMENTS:Conflict of Interest (1).pdf

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AGENDA ITEM NO. 8.a

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: New Development

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation: Mac Hamilton has reached out to the City regarding constructing anadditional apartment complex in Byron. What is the level of interestwith the EDA in working with Hamilton on a second apartmentbuilding?

Preparer: Janna Monosmith

ATTACHMENTS:

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AGENDA ITEM NO. 8.b

CITY OF BYRON,MINNESOTA

DATE: January 12, 2021

Originating Dept: BEDA

Introduction: Covid -2 Grant

Request for Action:

Background /Justification:

Fiscal Impact:

Staff Recommendation: To date eight applications have been submitted. Does the board wantto set up a subcommittee? Does the board want to see all of theapplications?

Preparer: Janna Monosmith

ATTACHMENTS:

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