Press Alt + R to read the document text or Alt + P to download or print.
This document contains no pages.
HomeMy WebLinkAboutEDA AGN 06-17-03CITY OF COLUMBIA HEIGHTS
590 40th Avenue N.E.. Columbia Heights, MN 55421-3878 (763) 706-3600 TDD (763) 706-3692
Visit Our Website at: www. ci. coht.,bia-heights, mn. us
EDA COMMISSIONERS
Don Murzyn Jr.
Patricia Jindra
Julienne Wyckoff
Bruce Nawrocki
Bobby Williams
Tammera Ericson
Bruce Kelzenberg
ECONOMIC DEVELOPMENT AUTHORITY
REGULAR MEETING
6:30 P.M., TUESDAY, JUNE 17, .2003
CITY HALL, CONFERENCE ROOM 1
AGENDA
1. CALL TO ORDER/ROLL CALL.
2. PLEDGE OF ALLEGIANCE.
o
CONSENT AGENDA.
(These items are considered to be routine by the EDA Board of Commissioners and will be enacted
as part of the Consent Agenda by one motion.)
Ao
MOTION: Move to approve the consent agenda items as listed below:
1) Approve EDA Meeting Minutes for May 10~ 2003.
MOTION: Move to approve the minutes of the May 10, 2003 regular EDA
Meeting as presented.
2) Aoorove the Financial Report and Payment of Bills
MOTION: Move to approve Resolution 2003-08, a Resolution of the Columbia
Heights Economic Development Authority (EDA) approving the financial
statement and payment of bills for the month of May, 2003.
ITEMS FOR CONSIDERATION
A. PreliminarY Development Agreement
MOTION: Move to Approve the Preliminary Agreement between the Columbia Heights
Economic Development Authority (EDA) and the New Heights Development, LLC (the
Developer), and furthermore, to authorize the President and Executive Director to enter
into an agreement for the same.
5. ADMINISTRATIVE REPORTS
6. ADJOURNMENT
Walter R. Fehst, Executive Director
H:\edaAgenda2003\6-17-2003
The EDA does not discriminate on the basis of disability in the admission or access to, or treatment or employment in, its
accommodation will be provided to allow individuals with disabilities to participate in all EDA services, programs, and
activities. Auxiliary aids for handicapped persons are available upon request when the request is made at least 96 hours in
advance. Please call the EDA Secretary at 706-3669 to make arrangements (TDD 706-2806) for deaf or hearing impaired
THE CITY OF COLUMBIA HEIGHTS DOES NOT DISCRIMINATE ON THE BASIS Of DISABILITY IN EMPLOYMENT OR THE PROVISION OF SERVICES
EQUAL OPPORTUNITY EMPLOYER
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
REGULAR MEETING MINUTES OF MAY 20, 2003
CALL TO ORDER - The Regular Meeting of the Columbia Heights Economic Development
Authority (EDA) was called to order by President, Don Murzyn, Jr. at 6:35 p.m., Tuesday, May
20, 2003, in the City Hall, Conference Room 1,590 40th Avenue NE, Columbia Heights,
Minnesota.
ROLL CALL
Commission Members Present:
Commission Members Absent:
Staff Present:
Don Murzyn Jr., Patricia Jindra, Julienne Wyckoff, Bobby
Williams and Bruce Nawrocki, Tammera Ericson, and
Bruce Kelzenberg
Walt Fehst, Executive Director
Bob Streetar, Deputy Executive Director
Randy Schumacher, Community Development Assistant
Cheryl Bakken, Community Development Secretary
CONSENT AGENDA
Aooroval of Minutes
Move to adopt the minutes of the March, 2003, regular meeting as presented in writing.
Financial Report and Payment of Bills
Move to approve Resolution 2003-07, Resolution of the Columbia Heights Economic
Development Authority (EDA) approving the financial statements for the months of March and
April, 2003 and approving payment of bills for March and April, 2003.
MOTION by Wyckoff, second by Jindra, to adopt the consent agenda items as listed. All ayes.
Motion Carried.
ITEMS FOR CONSIDERATION
Preliminary, Development Agreement with Haugland Real Estate Company
Schumacher stated the proposed Preliminary Development Agreement will grant the developer
120 days to secure options for the site at 40th and UniversitY. Schumacher then introduced Gene
Haugland, President, and Paul Reinke, Senior Director of Haugland Real Estate Company and
Mike Kraft of HTG Architects.
Haugland stated he worked with the Opus Corporation prior to starting Haugland Real Estate
Company in 1996, and has purchased and developed the following projects: 1)In Edina-
Interlachen Corporate Center, Londonderry Shops, and Edina Medical Center; 2) In Oakdale-
Western Bank and Oakdale Tech Center; 3) In Shakopee- Shakopee Distribution Center; and 4)
In Crosslake- Pine View Townhomes (senior housing). At 50th & France they purchased and
renovated all of the buildings in the block area, including the old Edina Theatre.
Reinke stated he has 20 years in commercial and the corporate real estate industry, expertise in
project management, vendor negotiation and integration, estimating, management of the design,
construction process, marketing and development and construction services.
Economic Development Authority Meeting Minutes
May 20, 2003
Page 2 of 4
Haugland went over the two development concepts they included in the packet; 1) 7,500 sq. ft. of
retail business such as a deli, coffee shop, salon or a dry cleaners; and 2) 4, 600 sq. ft. facility
with a family orientated restaurant like Culvers.
Nawrocki stated he believes in competitive bidding and asked what other firms were contacted.
Streetar stated staff contacted Griffin, CHT, United Properties, Welsh, George Sherman,
Nedegaard, Housing and Cornerstone Group, with none of them interested in the site.
Nawrocki asked what funding has been used so far. Schumacher stated $535,000 of CDBG
funds have been used other than administrative costs.
Murzyn, Ericson and Williams all felt that Haugland's credentials were to their satisfaction.
WtTliams asked if the 120-day time period would be realistic or not. Murzyn stated he felt it was
suJ~cient.
MOTION by Ericson, second by Wyckoff, to Approve the Preliminary Development Agreement
with Haugland Real Estate Company for the redevelopment of the City owned property at 40th &
University Avenue; and furthermore, to authorize the President and Executive Director to enter
into an agreement for the same. All ayes. Motion Carried.
ADMINISTRATIVE REPORTS
INDUSTRIAL PARK
Schumacher stated Mark Koegler of Hoisington Koegler will present the final draft of the
Industrial Park Redevelopment Plan on Monday, June 2 at the City Council Worksession. The
$50,000 grant application to the Department of Trade and Economic Development for the
funding of a contamination investment and response action plan has been submitted. The jqrst
step required by the state prior to receiving the funding is soil correction. Staff has been
working with two of the larger property owners in Phase 1 and II of the Preliminary Industrial
Plan. $chaffer Richardson is inquiring about the possible acquisition of parcels adjacent to
their property and another large property owner is willing to significantly assist in the
implementation of the Redevelopment Plan.
KMART
Streetar stated the Kmart Advisory Group held meetings on May 1 and 15th at Murzyn Hall. On
May 10th the Advisory Group toured redevelopment sites in Shoreview, New Brighton, Golden
Valley, Richfield, Minneapolis, and St. Louis Park were each of the cities had been a partner
investing time and money to make the project successful. At the City Council Worksession on
Monday, June 2ne, staff will update the City Council on the progress of the Kmart project, as well
as get Council feedback and direction on the development goals and principles of the project.
40TM & UNIVERSITY
Schumacher stated staff has received the letter of approval from Anoka County to go forth with
the purchase of the property at 522 40a (MG$) using CDBG funding. The owner of the property
has been ready for a long time to sell and move to a much larger building as his business has
grown considerably. Staff gave permission for MG$ employees to use the Conoco station for
parking. The gas station building will be coming down within the next two to three weeks.
Economic Development Authority Meeting Minutes
May 20, 2003
Page 3 of 4
3929 CALIFORNIA
Schumacher stated site borings for the future industrial building at 3929 California Street has
been completed and approved for building load standards. Mr. Stauffacher's architect will have
building plans completed by June Ist with a projected start date of June 25tn.
COLLINS AUTOBODY
Schumacher stated the property owners of Collins Autobody have contacted staff with interest in
purchasing and developing the City owned, single-family home at 4833 University Avenue to
expand their business. The City purchased the home for $75,900. Collins is proposing the
following: 1) Pay $65,000 for the property as is; 2) Pay $2,500 down immediately and the
balance in April of 2004; 3) has designed two alternative business expansions. One being 3, 725
sq. ft and the other 5,178 sq. ft.; 3) the plan would allow them to acquire the property from the
City this summer, remove the single-family home and prepare the site for construction; 4) the
addition would begin by June of 2004, with the balance of the purchase price ($62, 000) paid to
the City; and 5) if they do not carry through with the development plan by June of 2004, the
property would revert to the City ownership, the down payment money and any funding expended
by Collins on the removal of the building and site preparation would be lost. Schumacher asked
for the Boards direction if they would like staJf to go forth with a purchase agreement..
Williams suggested staff try to negotiate the full $75,900 price the City paid for the property.
Murzyn and other boardmembers directed staff to work out an agreement.
1036 GOULD
Streetar stated staff has been working with Anoka County and GMHC to assist the owner of the
property to make the necessary improvements to the home in order for her to occupy it again.
GMHC assisted the owner in receiving a $66,000 home improvement loan.
Bakken indicated she has been working with Anoka County Social Services staff to identify the
needs of the senior resident, has contacted a local Church for volunteers, which will be
coordinating a day to help the owner with yard cleanup, minor interior repairs, cleaning up after
the construction and organizing of items in the home.
CENTRAL AVENUE DESIGN GUIDELINES COMMITTEE
Streetar stated the Committee has/finished the process of developing guidelines for Central
Avenue, which are intended to apply to new construction, exterior changes, major remodeling,
and additions to buildings, as well as renovation or rehab of existing buildings. The committee
will be presenting the guideline plan to the Planning Commission for formal review and then to
the City Council for final approval in the next month.
METROPOLITAN COUNCIL/GMHC
Streetar stated GMHC applied for and received $240, O00 for the acquisition, demolition, new
construction; rehabilitation of l 3 for sale homes in Columbia Heights. The funds will be used
for gap ftnancing, the City's match would be $50,000 and to qualify for these homes, potential
buyers must have a household income between $75,300 and $86,595.
Economic Development Authority Meeting Minutes
May 20, 2003
Page 4 of 4
BURGER KING
Streetar stated the Nath Companies, which own Burger King have been working with staff to
relocate their business in Columbia Heights with a $1.2 million dollar facility. The properties of
the old Hardees, the Blue Car Wash and Jellies and Beans sites have been considered. The
Jellies and Beans site is the most feasible site for the development. Nath is also proposing a
commercial or residential development on the Ostlund property behind La Casita. Staff will
meet with Nath on May 23r~ to discuss both proposals.
Wyckoff stated the Ostland brothers, contacted her about their idea ora transmission shop on the
site. Williams stated the owner of the Rental shop on Central contacted him in regards to
relocating his business to the same location. Streetar stated either development would meet the
zoning, but was concerned the rental shop would want to have their equipment located outside
the building. This would not work with the proposed redevelopment area zoning. Fehst
suggested staff contact the owner of the rental shop and work with him, which would also save
the City money in relocation costs at the time the City purchases the rental building.
37TM & CENTRAL
Schumacher stated staff is still working with the owner of the old Bridgeman's building to create
a redevelopmentprojectfor the 37th & Centralproject area. Developer, Roman Roos, has
teamed up with the owner to try and partnership the project. Staff should know by next week if
this will work or not. Roman does four to five projects a year in the $4 to 5 million range. The
other option for the site is a plan staff has been working on with the MCF Group. MCF has
never done a project like this before and they have no performa. Staff will continue to work with
them and keep open all options for the redevelopment project.
Fehst commended Streetar and Schumacher for their hard work stirring up interest in the
redevelopment of 40tn and University.
ADJOURNMENT
President, Murzyn, adjourned the meeting at 8:06 p.m.
Respectfully submitted,
Cheryl Bakken
Community Development Secretary
H:~EDAminutes2003~5 -20-2003
Z
II II
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: June 17, 2003
AGENDA SECTION: Consent Agenda ORIGINATING EXECUTIVE
NO: DEPARTMENT: EDA DIRECTOR
APPROVAL
ITEM: Financial Report and Payment of Bills BY: Bob Streetar BY:
DATE: June 11, 2003
BACKGROUND:
The bound Financial Report for May 1, 2003 Check Listing (green sheets), and draft Resolution 2003-08
are attached for review. The enclosed Financial Report lists the Revenue Guideline (pink sheets), the
Expenditure Guideline (yellow sheets), Expenditure Guideline with Detail (white sheets), and Balance
Sheet (blue sheets), for each fund and department. The report covers the activity in the calendar (fiscal)
year fi:om January 1 through May 31, 2003.
The Check History shows each fund with an expenditure history during the month of May, 2003. The
total disbursements by fund are shown at the top of the listing.
RECOMMENDATION:
Staff will be available to answer specific questions. If the report is satisfactorily complete, we
recommend the Board take affirmative action to receive the Financial Report and approve the payment
of bills.
RECOMMENDED MOTION:
Move to approve Resolution 2003-08, Resolution of the Columbia Heights Economic Development
Authority (EDA) approving the Financial Statement for May, 2003 and Payment of Bills for the month
of May, 2003.
EDA ACTION:
Consent 2 0 0 3 \MayFinRep2 0 0 3
EDA RESOLUTION 2003-08
RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT
AUTHORITY 0gDA) APPROVING THE FINANCIAL STATEMENT FOR MAY, 2003
AND PAYMENT OF BILLS FOR THE MONTH OF MAY, 2003.
WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by
Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed fmancial statement which
shows all receipts and disbursements, their nature, the money on hand, the purposes to which the
money on hand is to be applied, the EDA's credits and assets and its outstanding liabilities; and
WHEREAS, said Statute also requires the EDA to examine the statement and treasurer's
vouchers or bills and if correct, to approve them by resolution and enter the resolution in its
records; and
WHEREAS, the financial statement for the month of March and April, 2003 and the list of bills
for the month of May, 2003 are attached hereto and made a part of this resolution; and
WHEREAS, the EDA has examined the financial statement and the list of bills and finds them
to be acceptable as to both form and accuracy.
NOW,THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia
Heights Economic Development Authority that it has examined the attached financial statements
and list of bills, which are attached hereto and made a part hereof, and they are found to be
correct, as to form and content; and
BE IT FURTHER RESOLVED the financial statements are acknowledged and received and
the list of bills as presented in writing are approved for payment out of proper funds; and
BE IT FURTHER RESOLVED this resolution and attachments are to be made a part of the
permanent records of the Columbia Heights Economic Development Authority.
Passed this day of ...... ,2003.
MOTION BY:
SECONDED BY:
AYES:
NAYS:
Don Murzyn Jr., President
Attest by:
Cheryl Bakken, Community Development Secretary
H AResolutions2003~EDA2003-08
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA)
Meeting of: June 17, 2003
AGENDA SECTION: Items for Consideration ORIGINATING DEPARTMENT: EXECUTIVE
NO: ! DIRECTOR
Community Development APPROVAL
ITEM: Preliminary Development Agreement BY: Robert Streetar BY:
DATE: June 12, 2003
BACKGROUND: As part of the redevelopment of the Kmart site, please find attached a "Preliminary
Development Agreement" between the Columbia Heights Economic Development Authority (EDA), and New
Heights Development, LLC, (the Developer).
The purpose of the agreement is to clearly define the obligations of both parties as they work together to create a
mutually acceptable redevelopment proposal, which could ultimately lead to a formal development contract between
the EDA and the Developer. In summary:
The Developer agrees to:
Submit a redevelopment proposal by August 1, 2003.
Provide documentation indicating the over-all cost of the project as well the financing plan.
· Submit a redevelopment schedule.
· Pay $12,500 (25%) towards the cost of the consultant planning study.
· Pay $5,000 (50%) towards the cost of the sewer study on Central, and if the redevelopment occurs, pay
an additional $5,000 for a total of $10,000 (100%) of the cost of the sewer study.
· Deposit $10,000 to pay for any additional costs the City may incur as part of reviewing the
Developer's proposal. In addition, if the City incurs any cost beyond the $10,000 the Developer is
obligated to pay for those as well.
The EDA agrees to:
· Take the necessary actions to determine the potential need, if any, of public assistance, financial or
otherwise.
· Work only with the Developer during the term of the agreement to create a mutually acceptable
development proposal.
Steve Bubul of the law firm of Kennedy and Graven has reviewed this agreement.
RECOMMENDATION: Staffrecoaunends the EDA approve the Predevelopment Agreement between the Columbia
Heights Economic Development Authority (EDA) and the New Heights Development, LLC, (the Developer).
RECOMMENDED MOTION: Move to approve the Predevelopment Agreement between thc Columbia Heights
Economic Development Authority (EDA) and the New Heights Development, LLC, (the Developer), and
furthermore, authorize the President and Executive Director to enter into an agreement for the same.
Attachments
EDA ACTION:
h:\Consent2003~EDA Preliminary Development Agreement-New Heights Dev. LLC
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
PRELIMINARY DEVELOPMENT AGREEMENT
THIS AGREEMENT, dated this day of ,2003 by and between
the Columbia Heights Economic Development Authority, a body politic and corporate under the
laws of Minnesota ("Authority") and New Heights Development, LLC ("Developer"):
WITNESSETH:
WHEREAS, the Authority desires to promote redevelopment of certain property within the
City of Columbia Heights, which property is legally described in Exhibit A attached hereto
("Property"); and
WHEREAS, the Developer intends to submit a preliminary proposal (the "Proposal") for
redevelopment of the Property (the "Redevelopment"), by August 1, 2003, and
WHEREAS, the Developer has requested the Authority to explore the use of certain public
assistance, financial and otherwise, to assist with the Redevelopment; and
WHEREAS, the Authority has determined that it is in the Authority's best interest that the
Developer be designated sole developer of the Property during the term of this Agreement; and
WHEREAS, the Authority and the Developer are willing and desirous to undertake the
Redevelopment if (i) a satisfactory agreement can be reached regarding the Authofity's commitment
for public assistance necessary for the Redevelopment; (ii) satisfactory mortgage and equity
financing, or adequate cash resources for the Redevelopment can be secured by the Developer; and
(iii) the economic feasibility and soundness of the Redevelopment; and (iv) satisfactory resolution
of zoning, land use, site design, and engineering issues, and other necessary preconditions have
been determined to the satisfaction of the parties; and
WHEREAS, the Authority is willing to evaluate the Redevelopment and work toward all
necessary agreements with the Developer if the Developer agrees to reimburse the Authority for its
costs relating to the Redevelopment even if the Redevelopment is abandoned or necessary
agreements are not reached under the terms of this Agreement.
NOW, THEREFORE, in consideration of the foregoing and of the mutual covenants and
SJB-230095v3
CL205-20
obligations set forth herein, the parties agree as follows:
1. Negotiations between the parties shall proceed in an attempt to formulate a definitive
development contract ("Contract") based on the following:
(a) the Developer's Proposal (when submitted) together with any changes or
modifications required by the Authority;
(b) such documentation regarding economic feasibility of the Project as the
Authority may wish to undertake during the term of this Agreement; and
(c) other terms and conditions of this Agreement.
2. It is the intention of the parties that this Agreement: (a) documents the present
understanding and commitments of the parties; and (b) will lead to negotiation and execution of a
mutually satisfactory Contract for the Redevelopment prior to the termination date of this
Agreement. The Contract (together with any other agreements entered into between the parties
hereto contemporaneously therewith) when executed, will supersede all obligations of the parties
hereunder.
3. During the term of this Agreement, the Developer shall:
(a) By August 1, 2003, submit a Proposal to the Authority, which Proposal must
show the location, size, and nature of the proposed Redevelopment, including sample floor
layouts, renderings, elevations, and other graphic or written explanations of the
Redevelopment. The Proposal shall be accompanied by a preliminary schedule for the
starting and completion of all phases of the Redevelopment.
(b) Submit an over-all cost estimate for the design and construction of the
Redevelopment.
(c) Submit a final time schedule for all phases of the Redevelopment.
(d) Undertake and obtain such other preliminary economic feasibility studies,
income and expense projections, and such other economic information as the Developer
may desire to further confirm the economic feasibility and soundness of the Redevelopment.
(e) Submit to the Authority the Developer's financing plan showing that the
SJB*230095v3
CL205-20
proposed Redevelopment is financially feasible.
(f) Furnish satisfactory, financial data to the Authority evidencing the Developer's
ability to undertake the Redevelopment.
4. During the term of this Agreement, the Authority agrees to:
(a) Commence the process necessary to undertake such public assistance as is
necessary pursuant to the terms of the Proposal.
(b) Proceed to seek all necessary information with regard to the anticipated
public costs associated with the Redevelopment.
(c) Estimate the Authority's level and method of financial participation, if any,
in the Redevelopment and develop a financial plan for the Authority's participation.
o
subject to:
It is expressly understood that execution and implementation of the Contract shall be
(a) A determination by the Authority in its sole discretion that its undertakings
are feasible based on (i) the projected tax increment revenues and any other revenues
designated by the Authority; (ii) the purposes and objectives of any tax increment,
development, or other plan created or proposed for the purpose of providing financial
assistance for the Redevelopment; and (iii) the best interests of the Authority.
(b) A determination by the Developer that the Redevelopment is feasible and in
the best interests of the Developer.
6. This Agreement is effective from the date hereof through December 31, 2003, After
such date, neither party shall have any obligation hereunder except as expressly set forth to the
contrary herein.
7. The Developer shall be solely responsible for all costs incurred by the Developer. In
addition, the Developer shall reimburse the Authority for the following costs:
(a) Upon execution of this Agreement, the Redeveloper must pay to the
Authority cash in the amount of $17,500, to be applied as reimbursement for (1) the cost of
a planning study by Dahlgren, Shardlow and Uban ($12,500), and (2) a portion of the cost of
SJB-230095v3
CL205-20
a sanitary sewer study ($5,000). If a Contract is executed, the Developer agrees and
understands that Developer will be required to pay an additional $5,000 towards the sanitary
sewer study, payable upon execution of the Contract. Upon termination of this Agreement,
the Authority shall have no obligation to return to Developer any portion of the amounts
paid by Developer under this paragraph.
(b) The Redeveloper is responsible for "Administrative Costs," which means
out-of-pocket costs incurred by the Authority attributable to or incurred in connection with
the negotiation and preparation of this Agreement, the Contract, and other documents and
agreements in connection with the Redevelopment. Administrative Costs are in addition to
the reimbursement for costs of the planning and sewer study referenced in paragraph (a)
above. In order to secure payment of the Administrative Costs, the Developer shall deliver
to the Authority cash or a certified check in the amount of $10,000 upon execution of this
Agreement. The Authority will utilize such funds to pay or reimburse itself for
Administrative Costs. If at any one or more times during the term of this Agreement, the
Authority determines that Administrative Costs will exceed $10,000 and that additional
security is required, the Authority shall notify the Developer of the amount of such
additional security. Within ten calendar days of receipt of such notice, the Developer shall
deliver to the Authority the required additional security. Upon t~mination of this
Agreement, the Authority will return to the Developer the funds paid by the Developer to
the Authority pursuant to this Section 7CO), less the amount of Administrative Costs incurred
prior to the effective date of termination.
This Section 7 shall survive termination of this Agreement and shall be binding on the
Developer regardless of the enforceability of any other provision of this Agreement.
8. This Agreement may be terminated upon 5 days written notice by the Authority to
the Developer if:
(a) an essential precondition to the execution of a contract cannot be met; or
Co) if, in the sole discretion of the Authority, an impasse has been reached in the
negotiation or implementation of any material term or condition of this Agreement or the
Contract; or
(c) The Authority determines that its Administrative Costs will exceed the
amount initially deposited for such purpose under Section 7Co), and the Developer does not
deliver additional security to the Authority pursuant to Section 7CO) of this Agreement.
SJB-230095v3
CL205-20
If the Authority terminates the Agreement under this Section 8, the Developer shall remain
liable to the Authority under Section 7(b) of this Agreement for Administrative Costs incurred by
the Authority through the effective date oftemfination.
9. The Developer is designated as sole developer of the Property during the term of this
Agreement. The Authority makes no representations or warranties as to control, access or
ownership of any portion of the Property, but agrees that during the term of this Agreement the
Authority will not enter into agreements with any other party to facilitate redevelopment of the
Property.
10. In the event that the Developer, its heirs, successors or assigns, fail to comply with
any of the provisions of this Agreement, the Authority may proceed to enforce this Agreement by
appropriate legal or equitable proceedings, or other similar proceedings, and the Developer, its
heirs, successors or assigns, agree to pay all costs of such enforcement, including reasonable
attorneys' fees.
11. If any portion of this Agreement is held invalid by a court of competent jurisdiction,
such decision shall not affect the validity of any remaining portion of the Agreement.
12. In the event any covenant contained in this Agreement should be breached by one
party and subsequently waived by another 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. This Agreement may not be amended nor any of its terms modified except by a writing
authorized and executed by all parties hereto.
13. Notice or demand or other communication between or among the parties shall be
sufficiently given if sent by mail, postage prepaid, remm receipt requested or delivered personally:
(a)
As to the Authority:
Columbia Heights Economic Development Authority
590 40th Avenue NE
Columbia Heights, MN 55421
Attn:
(b) As to the Developer:
SJB~230095v3
CL205-20
14. This Agreement may be executed simultaneously in any number of counterparts, all
of which shall constitute one and the same instrument.
15. This Agreement shall be governed by and construed in accordance with the laws of
the state of Minnesota. Any disputes, controversies, or claims arising out of this Agreement shall be
heard in the state or federal courts of Minnesota, and all parties to this Agreement waive any
objection to the jurisdiction of these courts, whether based on convenience or otherwise.
16. The Developer hereby agrees to protect, defend and hold the Authority and its
officers, elected and appointed officials, employees, administrators, commissioners, agents, and
representatives harmless from and indemnified against any and all loss, cost, fines, charges,
damage and expenses, including, without limitation, reasonable attorneys fees, consultant and
expert witness fees, and travel associated therewith, due to claims or demands of any kind
whatsoever arising out of (i) the development, marketing, sale or leasing of all or any part of the
Property, including, without limitation, any claims for any lien imposed by law for services,
labor or materials furnished to or for the benefit of the Property, or (ii) any claim by the state of
Minnesota or the Minnesota Pollution Control Agency or any other person pertaining to the
violation of any permits, orders, decrees or demands made by said persons or with regard to the
presence of any pollutant, contaminant or hazardous waste on the Property; and (iii) or by reason
of the execution of this Agreement or the performance of this Agreement. The Developer, and
the Developer's successors or assigns, agree to protect, defend and save the Authority, and its
officers, agents, and employees, harmless from all such claims, demands, damages, and causes of
action and the costs, disbursements, and expenses of defending the same, including but not
limited to, attorneys fees, consulting engineering services, and other technical, administrative or
professional assistance. This indemnity shall be continuing and shall survive the performance,
termination or cancellation of this Agreement. Nothing in this Agreement shall be Construed as a
limitation of or waiver by the Authority of any immunities, defenses, or other limitations on
liability to which the Authority is entitled by law, including but not limited to the maximum
monetary limits on liability established by Minnesota Statutes, Chapter 466.
17. The Developer, for itself, its attorneys, agents, employees, former employees,
insurers, heirs, administrators, representatives, successors, and assigns, hereby releases and forever
discharges the Authority, and its attorneys, agents, representatives, employees, former employees,
insurers, heirs, executors and assigns of and from any and all past, present or future claims,
demands, obligations, actions or causes of action, at law or in equity, whether arising by statute,
common law or otherwise, and for all claims for damages, of whatever kind or nature, and for all
SJB-230095v3
CL205-20
claims for attomeys' fees, and costs and expenses, including but not limited to all claims of any kind
arising out of the negotiation, execution, or performance of this Agreement between the parties.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK]
SJB-230095v3
CL205-20
IN WITNESS WHEREOF, the Authority has caused this Agreement to be duly executed in
its name and behalf and its seal to be duly affixed hereto and the Developer has caused this
Agreement to be duly executed as of the day and year first above written.
DEVELOPER
By
Its:
By
Its:
SJB-230095v3
CL205-20
COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY
By
Its President
By
Its Executive Director
SJB-230095v3
CL205-20
EXHIBIT A
Description of Property
SJB-230095v3
CL205-20
TO:
FROM:
DATE:
SUBdECT:
EDA and HRA Commissioners
Robert Streetar, Community Development Director
June 10, 2003
Community Development Monthly Update
The purpose of this monthly report is to provide EDA and HRA Commissioners with a
comprehensive update on the City's community development goals and activities.
40th & University
The City received the executed Preliminary Development Agreement from the Haugland
Company for 40th and University. Paul P, einke indicated that Culvers Restaurant viewed
the site last week and will be getting back to him in the next few weeks. The contractor
started to remove the old Conoco Station started work on June 11 and should be
complete in one week.
Industrial Park Redevelopment
At the June 9, 2003 City Council Meeting, the Industrial Park Redevelopment Plan was
approved by a four to one vote. Subsquently, numerous implementation steps must be
addressed as outlined in the redevelopment plan. Staff is working closely with $chaffer
Richardson and Mark Steingas, the two largest property owners in Phase I and II, on
the next implementation step. Staff will be meeting with the State of Minnesota on the
start up of the Phase II Clean Up Study.
4833 University Avenue
Collins Autobody has agreed to purchase the City owned property at 4833 University.
The terms of the agreement are as follows: · $2,500 down payment.
· Expansion of existing business up to 5,200 sq. ft to start in 2004.
· Purchase price of $65,000.
· Existing home to be removed and site cleared by September of 2003, by Collins
Autobody.
Once a purchase agreement has been executed, it will be brought forward for
consideration.
1036 Gould Update
As of this week, the addition that was torn down due to storm damage is progressing
along quite well, The Building Inspector has approved the framing for the addition and
roof. Volunteers from Christ Life Church in Columbia Heights have been working with
the homeowner to spruce up the yard and organize items inside the home. Monday,
June 16th has been set for another group of volunteers from Anoka County Social
Services and City staff to help out so the senior can get back into her home again.
NEI
Staff contacted United Properties, Inc., Welsh Companies, and Schaffer Richardson,
Inc. to ask them to provide either redevelop or rouse ideas for the NEI building.
UJ
UJ
E
c~ 0 ~ ::)
z ,.J ~ ~
uJ '~ 0 n
-- ~ z ~c z ~ ~ 0
_z x = E o (~
~ ,.;.
z
< ,<, ,,, = < < ,,< ,,
Ir z · u. 3: LU
LU '!' 0 0 3: uJ 3: uJ
z
n,,
LU
>-
m
0
LU
Parkview Villa Housing Complex
965 N.E. 40t~ Avenue, Columbia Heights, MN 55421
(763) 706-3800 Fax (763)788-3978
DATE: May 31, 2003
TO:
Bob Streetar; Community Development Director
Shirley Barnes; Chief Executive Officer; Crest View Corporation
Commissioners; Columbia Heights HRA
Board of Directors; Crest View
FROM:
William Jones, Housing Administrator
May Management Report for Parkview Villa & 4607 Tyler
LBP will be reparing eight of the exhaust units on the North side roof.
We will be accepting bids for Elevator Maintenance for Parkview Villa North
Harvest Interiors will start painting the corridors on or about June 15,2003
We will be accepting bids to install new carpet in the South building hallways.
OCCUPANCY:
4607 Tyler
All Units Rented
NORTH BUILDING
706 OPEN ON MAY 31,2003
606 OPEN ON MAY 1,2003
711 OPEN ON JUNE 20,2003
SOUTH BUILDING
All Units Rented
RENTED FOR MAY 14,2003
* 3 residents needed increased services
Waiting list totals are as follows:
Parkview Villa North
20 CH Residents
39 Non-residents
4607 Tyler
4 CH Residents
9 Non-residents
Parkview Villa South
24 CH Resident
16 Non residents
Equal Housing Opportunity Agency
Owned by the City of Columbia Heights HRA
Managed by Crest View
Management Services
RESIDENT COUNCIL MEETING MINUTES OF JUNE 9, 2003
The meeting was called to order at 7:00 p.m. by President, Dennis Ecklund Jr.
The Pledge of Allegiance was said.
The Secretary's Report was given.
Treasurer's Report was given.
Management Report by William Jones. · Work on air exchange system is about done.
· Window washing is done. Residents should report to him if they aren't happy with the
job they did.
· City was out and checked on cement work to be done. They will do the work as soon
as they can fit it in their time schedule.
Ecklund thanked for flower planting done by the City of Columbia Heights.
Entertainment Committee- thanked everyone who participated in Mothers and Father's Day Dinner.
Announced a St. Croix Cruise on July 30, 11:30 - 1:30 pm. Residents need to sign up on July 3, 4,
7 and 8th. Cost is $16.50 per person. Bill Ganlt will drive on the end of September trip to Apple
Orchard and lunch trip.
Dorothy Schaffer gave an update on Bazaar. It will be September 20th.
Old Business
Complaints of noise from Star Bar. William said residents should call the City and check on noise
level as we have a Noise Abatement Law.
New Business- None
Meeting Adjourned.
Respectfully Submitted,
Pat Jindra
EDA Representative