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HomeMy WebLinkAboutPreliminary Development Agreement Preliminary Development Agreement by and between the City of Columbia Heights and Stadium Village Properties, LLC THIS AGREEMENT, dated this 25th day of August, 2008, by and between the City of Columbia Heights, a municipal corporation under the laws of Minnesota (the "City) and Stadium Village Properties, LLC ("the Developer"): WITNESSETH: WHEREAS, the Developer is owner of property located at 3989 Central Ave. and also has certain contractual rights through an Agreement dated July 20, 1982 ("Agreement"). The original Agreement was between the Columbia Heights Housing and Redevelopment Authority and Terry Evenson, and has been amended and assigned from time to time, and WHEREAS, the aforementioned 1982 Agreement provides for the Developer to operate a 369 stall parking ramp with the ability to purchase said ramp on July 20,2022, and WHEREAS, the Agreement also separately defines a plaza area ("Walkway Property") which is leased to the Developer under a 99 leasehold year provision (as illustrated on Exhibit A), and WHEREAS, the Agreement allows the City to sell the Walkway with the Developer having the first right of refusal, and WHEREAS, the City has been approached by the Developer with a proposal that effectively transfers the City's Walkway Property to the Developer, in exchange ofthe Developer reinvesting approximately $500,000 in reconstructing the outside facade afthe subject building located at 3989 Central Ave., and WHEREAS, the Developer needs to initiate the reconstruction, due to economic and seasonal considerations, prior to the City being able to complete all of the various processes that are necessary to convey the property, and WHEREAS, the City is desirous to have the reconstruction project completed as soon as possible and is of the opinion that the end results will constitute a positive community reinvestment, and WHEREAS, the City elects, through this agreement, to give preliminary approval to the subject transaction based on the understanding that the City must undergo a series of due diligence processes and will make every effort to mitigate any situation that would make the transaction unfeasible. NOW, THEREFORE, in consideration of the foregoing and the obligations set forth herein, the parties agree as follows: 1. The City and Developer agree in principle that the City will sell the Walkway Property to the Developer, which at this time is assumed to have a fair market value of approximately $250,000. In turn, the City will contribute a like amount of funds to the Developer, in exchange ofthc Developcr reconstructing the fayadc of the subject building. 2. The form of this negotiation may difTer from a cash transaction, but the end result will be the Developer securing fee title to the Walkway Property in exchange for the facade reconstruction. 3. City actions neccssary to complete the transaction include: a) Securing of an appraisal b) Processing a minor subdivision pursuant to City Ordiance 9.114. c) Sccuring a certificate of survey d) Amcndments to the 1982 Agreement as applicable 4. In order to defray the City's direct administrative costs associated with this transaction, the Developer agrees to amend the 1982 Agrccment so as to transfer the responsibility for the purchase of causality insurance on the parking ramp from the City to thc Developer. The Developer also acknowledges that the Walkway will become taxable property. 5. Staff will investigatc any State law issues associated with the Business Subsidy Act (MSA) 1161.993 to 116J.995, as amcnded. 6. Both parties rccognize that the City's transaction must meet local, State and Federal law in order to bc allowed. 7. All attempts to mitigate issues that may prevent this transaction from occurring will be attempted in a good faith manner. Notice for communication between the parties shall be delivered to the following: (a) As to the City: City of Columbia Heights 590 40lh Avenue NE Columbia Heights, MN 55421 Attn: Scott Clark (b) As to the Developer: Stadium Village Properties, LLC 1313 Fifth Street SE Suite 100 Minneapolis, MN 55414 Attn: Dave Jasper IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Developer has caused this Agreement to be duly executed in its name and behalf on or as of the date first above written. <L'~ "~~e:<- Its: City Manager-Walter R. Fe 1st B By STADIUM VILLAGE, LLC By: Its: 11:\Shared\Coll1lllll11ity Developmcnt\Parking Ramps\3989 Ramp\Prcliminary Development Agreement 8-IR~2008 FINAL