Loading...
HomeMy WebLinkAboutEDA AGN 09-08-15CH COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AGENDA September 8, 2015 6:30 pm 1. Call to Order 2. Roll Call 3. Pledge of Allegiance City Hall Conference Room 1 590 40th Avenue NE Columbia Heights, MN 55421 CONSENT AGENDA 4. Approve minutes of August 3, 2015 S. Resolution 2015 -14: Approve Financial Report and Payment of Bills for July, 2015 Motion: Move to approve Consent Agenda as presented. BUSINESS ITEMS 6. Resolution 2015 -15: Sale Authorization for 4631 Pierce Street. Motion: Move to waive the reading of Resolution 2015 -15, there being ample copies available to the public. Motion: Move to adopt Resolution 2015 -15, Resolution Approving the Sale of Land and Authorizing the Purchase and Redevelopment Agreement for 4631 Pierce Street NE between the Columbia Heights Economic Development Authority and Home Detail, Inc. 7. Approval of Proposed Business Terms for the Proposed Dominium Huset Park Apartment Proposal. Motion: Move to approve the proposed Business Terms for the Huset Park /Dominium Senior Housing Development, as presented. (over ->) 8. Resolution 2015 -16: Single Family Home Lot Sales Program Motion: Move to waive the reading of Resolution 2015 -16, there being ample copies available to the public. Motion: Move to adopt Resolution 2016 -16, Resolution Approving a Residential Lot Sale Program and Calling for a Public Hearing Regarding Land Conveyance Related to the Program. 9. Administrative Report 10. Other Business 11. Adjourn The next regular EDA meeting will be October 5th, 2015 at City Hall. ECONOMIC DEVELOPMENT AUTHORITY (EDA) MINUTES OF THE MEETING OF AUGUST 3, 2015 IN CONFERENCE ROOM 1 The meeting was called to order at 6:30 pm by Chair Peterson. Members Present: Bruce Nawrocki, Donna Schmitt, Gary Peterson, John Murzyn, Marlaine Szurek, Gerry Herringer, and Bobby Williams (arrived at 6:35 pm). Staff Present: Walt Fehst, Joseph Hogeboom, Loren Wickham, Joe Kloiber, and Shelley Hanson. PLEDGE OF ALLEGIANCE- RECITED CONSENT ITEMS 1. Approve the Minutes from June 1, 2015. 2. Approve the Financial Report and Payment of Bills for May and June 2015 on Resolution 2015 -13. Ouestions by Members: There were no questions. Motion by Szurek, seconded by Schmitt, to waive the reading of Resolution 2015 -13, there being an ample amount of copies available to the public. All ayes. MOTIONPASSED. Motion by Szurek seconded by Schmitt, to approve the consent agenda as presented. All ayes. MOTIONPASSED. EDA RESOLUTION 2015 -13 RESOLUTION OF THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY (EDA) APPROVING THE FINANCIAL STATEMENTS FOR MAY AND JUNE 2015 AND PAYMENT OF BILLS FOR THE MONTHS OF MAY AND JUNE 2015. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial 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 months of May and June 2015 has been reviewed by the EDA Commission; and EDA Minutes Page 2 August 3, 2015 WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, 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 check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Passed this 3rd day of August, 2015 MOTION BY: Szurek SECONDED BY: Schmitt AYES: All ayes PUBLIC HEARING 1. Consideration of Sale of 4631 Pierce Street NE Wickham reminded members that Home Detail approached the City last spring about purchasing the EDA owned lot at 4631 Pierce St. NE. A public hearing must be held before property can be sold. The 2015 Estimated Market Value is $50,600 according to Anoka County property records. Earlier this year we were considering adding this lot into our Scattered Site Program and listing it at $25,000. The EDA should establish a price to sell the lot for and if the current interested party doesn't accept it we should market and sell the lot to another contractor /individual. The resolution prepared for you doesn't specify a specific buyer. Staff recommends approving to sell 4631 Pierce Street NE and entering into a purchase and redevelopment agreement with a buyer to construct an owner occupied single family house. EDA Minutes Page 3 August 3, 2015 Jeff Magdik from Home Detail submitted a letter to the Commission detailing his opinion regarding this lot. He stated that he has obtained bids for the retaining wall that affects his offer. He believes the wall needs to be completely removed and replaced and the bids he received for that work came in between $21,000 and $27,000. He would still like to purchase the lot for $7,500 which is the price being paid for the lots in the scattered site program. After some discussion, he said he would be willing to pay up to $15,000 for the lot. Questions /comments from members: Hogeboom told members that of the remaining lots, this is one of the better lots. It is larger and a new house on it would complete that block. He went on to tell members that we have a lot of interest in the vacant lots that the City owns, and that staff will be bringing a proposal to put them on the market at the September meeting. Staff will prepare a list, recommend a listing price and put them up for sale on MLS once the Commission considers the recommendation. Hogeboom stated there is a list of at least 8 other builders who want to purchase the lots, so he told members it may be the best interest of the EDA to establish the prices and put them up for sale rather than accepting a decidedly lowball offer. He told members that he had met with Crystal staff regarding their program and gave a brief overview of how successful they have been at selling their lots now that the market has improved and there are numerous interested builders. Peterson asked Magdik about his plans for the retaining wall. He stated he would like to see the lot sold and a new house constructed sooner rather than later. Schmitt stated that because we have sold numerous lots in the $7,500410,000 range, she believes $15,000 would be a fair price. She said the EDA's goal is to get them developed, not necessarily to make money in the process. Nawrocki stated that the County Assessor has a value of $50,600 and we should use that as a guide for the selling price. He said if land values are too high for this property than maybe they need to be adjusted throughout the City. Herringer asked Magdik what other lots he was wanting to purchase. He replied he has interested parties who want the two Polk Street lots. Herringer asked him how much he paid for the Fridley lots along University Avenue. Magdik said he paid between $25,000- $30,000 for each of them. EDA Minutes Page 4 August 3, 2015 Hogeboom reminded members that we can't necessarily get locked into the mindset of having to sell the remaining lots for $7,500 which was the price for the scattered site lots as that was a special program designed to generate interest during a down time in the economy. He said the program was successful as we only have two lots remaining and that Timbercraft will be constructing a model home on the Reservoir lot which should sell quickly. Public Hearing Opened. The only one present to speak on this issue was Magdik from Home Detail. He again expressed his desire to purchase the lot for $7,500- $15,000 and made it clear that he felt the City should accept his offer. Public Hearing Closed. Motion by Nawrocki, to establish a price of $50,600 for 4631 Pierce Street, based on the estimated market value set by Anoka County. The motion died due to a lack of a second. Motion by Herringer, seconded by Szurek to establish a price of $20,000 for the sale of this lot to Home Detail. Motion by Nawrocki to amend the motion to raise the price to $25,000. Again this amendment failed due to a lack of a second. There was some discussion that followed regarding a time frame that this offer from the City would be valid. To clarify things after the discussion a new motion was made. Motion by Herringer, seconded by Szurek to establish a price of $20, 000 for the sale of 4631 Pierce Street to Home Detail. This price will be valid for 15 days if he wishes to accept the set price. If not, the property will be added to the list that will be considered at the September meeting prior to being listed with the MLS. Roll Call Vote: Ayes - Szurek, Schmitt, Murzyn, Herringer, Williams, and Peterson. Nays- Nawrocki. Nawrocki went on record that he opposes this price as it is less than half of the County's Estimated Market Value and he feels it is much too low. MOTIONPASSED. Herringer stated that if the offer is not accepted within the 15 day time period, he does not feel the Commission should entertain any more negotiations with Home Detail. EDA Minutes Page 5 August 3, 2015 Motion by Herringer, seconded by Szurek, to waive the reading of Resolution 2015 -14, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Herringer, seconded by Szurek, to adopt Resolution 2015 -14, approving the sale of land and the Purchase and Redevelopment Agreement between the Columbia Heights Economic Development Authority and the Buyer. Ayes - Szurek, Schmitt, Murzyn, Herringer, Williams, and Peterson. Nays- Nawrocki MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2015-14 RESOLUTION APPROVING THE SALE OF LAND AND PURCHASE AND REDEVELOPMENT AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND BUYER BE IT RESOLVED By the Board of Commissioners ('Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ('EDA Act "). 1.02. The Authority and purchaser (the "Redeveloper ") have proposed to enter into a PURCHASE AND REDEVELOPMENT AGREEMENT (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property owned by the Authority located at 4631 Pierce Street NE and described as LOT 4, BLK 1, PARKVIEW TERRACE to Columbia Heights, Anoka County, Minnesota (the "Redevelopment Property'). 1.03. Pursuant to the Contract, the Redeveloper will acquire the Redevelopment Property and construct an owner occupied single family house, subject to the City's zoning and building codes. 1.04. The activities of the Authority under the Contract implement housing goals of the City's Comprehensive Plan: "Promote and preserve the single - family housing stock as the community's strongest asset." and "Provide a variety of life -cycle housing opportunities within the community." 1.05. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder further the goals of the Comprehensive Plan and are in the best interests of the City and its residents. EDA Minutes Page 6 August 3, 2015 Section 2. Authority Approval: Further Proceedings. 2.01. The Contract as presented to the Board, including the sale of the Redevelopment Property described therein, is hereby in all respects approved, subject to modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to implement the Contract. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 3rd day of August, 2015. A sample Purchase & Redevelopment Agreement and Quit Claim Deed were enclosed in the agenda packets for the members to review which would be executed by the EDA and the buyer. 1. Resolution 2015 -15 HRA Levy Budget 2. Resolution 2015 -16 EDA Levy Budget Hogeboom provided members with the 2016 budget for all of the Community Development Department (EDA and Planning & Inspections). Although some of the Department's budget (Fund 201) is not controlled by the EDA, the EDA has historically reviewed and approved the entire Community Development Department budget. The budget is ultimately approved by the City Council. The EDA portion of the budget is "Fund 204 ", and the attached resolutions serve as a recommendation to the City Council for levying both an EDA and a HRA levy. The Department's operating budget is relatively straightforward due to the size of the department. Hogeboom explained that the 2016 budget includes an overall increase in EDA expenses due to a reallocation of the way in which salary expenses are charged between Fund 201 and Fund 204. The Associate Planner position is no longer recognized in fund 204, while 90% of the Assistant Director position is recognized in Fund 204, 80% of the director position is recognized in Fund 204, and 10% of the Secretary II — Permits and Licensing position is recognized in Fund 204. This reallocation was made to reflect more accurately staff s time spent in the two different areas of the department. EDA Minutes Page 7 August 3, 2015 Revenue is expected to increase in the EDA fund due to levy increases based on market value. Revenue is expected to increase in the Planning & Inspections fund due to anticipated increased permit, license and fee income. The complete Community Development Department budget will be distributed to the City Council later in 2015. Staff recommends approval of the Levies as presented. Ouestions from members: Joe Kloiber, Finance Director, was present to answer questions. He explained the history behind having two budgets for the EDA and HRA. Kloiber reviewed the figures with the members. He said the HRA levy is set at a percentage of the market values. Due to property values dropping every year since 2008, the amount of the levy also decreased each year. It has recovered some for 2016 as market values have now increased once again. Nawrocki said the HRA levy should be lower since we will no longer be responsible for managing Parkview Villa, and as a result, staff should be cut to lower expenses. Hogeboom said staff will still be doing administrative work after the closing for a year or more. There will be outstanding bills to pay, reports to be done for HUD, and closing of various files to meet legal obligations. Nawrocki then asked about line item 6999 and why the amount increased so drastically. Kloiber explained that is an internal transfer between funds to cover the reallocation of staff funding. Schmitt asked if the HRA and EDA can be combined. She also asked where the proceeds from the sale will go after closing. Kloiber told members that the proceeds will go into the established funds for PVVN and PVVS for the time being. He also explained that the HRA will have to remain in existence since the loan payment will be made to the HRA at the end of 30 years. The possibility of combining the HRA with the EDA is being researched by the Attorneys. Motion by Williams, seconded by Schmitt, to waive the reading of Resolutions 2015 -15 and 2015- 16, there being ample copies available to the public. All ayes. MOTIONPASSED. Motion by Williams, seconded by Schmitt, to approve Resolution 2015 -15, Resolution Authorizing the Levy of a Special Benefit Levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6 and Approval of a Budget for Fiscal year 2016. Ayes- Szurek Schmitt, Murzyn, Williams, Herringer, Peterson. Nays- Nawrocki MOTIONPASSED. Nawrocki stated he is voting against the motion because he feels the expenses should be reduced for the department budgets due to the sale ofParkview Villa. EDA Minutes Page 8 August 3, 2015 Motion by Williams, seconded by Schmitt, to approve Resolution 2015 -16, Resolution of the Economic Development Authority (EDA) in and for Columbia Heights Adopting the 2016 budget and setting the EDA Levy. Ayes - Szurek, Schmitt, Murzyn, Herringer, Williams, and Peterson. Nay - Nawrocla MOTIONPASSED. COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2015-15 AUTHORIZING THE LEVY OF A SPECIAL BENEFIT LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND APPROVAL OF A BUDGET FOR FISCAL YEAR 2016 WHEREAS, pursuant to Minnesota Statutes, Section 469.090 to 469.1081 ( "EDA Act") the City of Columbia Heights ( "City") created the Columbia Heights Economic Development Authority (the "EDA "); and WHEREAS, pursuant to City Resolution 2001 -62 and Ordinance No. 1442, the City Council granted to the EDA all powers and duties of a housing and redevelopment authority under the provisions of Minnesota Statutes, Sections 469.001 to 469.047 (the "HRA Act'), except certain powers that are allocated to the Housing and Redevelopment Authority in and for the City of Columbia Heights (the "HRA "); and WHEREAS, Section 469.033, Subdivision 6, of the HRA Act permits the EDA and HRA, together, to levy and collect a special benefit levy of up to .0185 percent of taxable market value in the City upon all taxable real property within the City, and WHEREAS, the EDA desires to levy a special benefit levy in the amount of .0185 percent of taxable market value in the City; and WHEREAS, the EDA understands that the HRA does not expect to levy a special benefit tax for fiscal year 2016; and WHEREAS, the EDA has before it for its consideration a copy of a budget for its operations for the fiscal year 2016 and the amount of the levy for collection in fiscal year 2016 shall be based on this budget. NOW, THEREFORE, Be It Resolved by the Board of Commissioners of the Columbia Heights Economic Development Authority: 1. The budget of $301,193 for the operations of the EDA presented for consideration by the Board of Commissioners of the EDA is hereby in all respects approved. Such budget includes the amount the EDA requests (by separate resolution) to be levied by the City under Minnesota Statutes, Section 469.107, together with the amount to be levied hereunder by the EDA under Minnesota Statutes, Section 469.033, subdivision 6. 2. Staff of the EDA are hereby authorized and directed to file the budget with the City in accordance with Minnesota Statutes, Section 469.033, Subdivision 6. 3. There is hereby levied, subject to the approval of the City Council of the City, a special benefit levy pursuant to Minnesota Statutes, Section 469.033, Subdivision 6, in the amount of $202,364, which is .0185 percent of the market value in the City. EDA Minutes Page 9 August 3, 2015 4. Staff of the EDA are hereby authorized and directed to seek the approval by resolution of the City Council of the City of the levy of special benefit taxes in 2016 and to take such other actions as are necessary to levy and certify such levy. Motion by: Williams Second by: Schmitt Motion passed this 3d day of August 2015. EDA RESOLUTION 2015 -16 RESOLUTION OF THE ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR COLUMBIA HEIGHTS (EDA) ADOPTING THE 2016 BUDGET AND SETTING THE EDA LEVY. BE IT RESOLVED By the Columbia Heights Economic Development Authority (EDA) of Columbia Heights, Minnesota as follows: WHEREAS, the Columbia Heights City Council established the Columbia Heights Economic Development Authority January 8, 1996 pursuant to Minnesota Statutes 469.090 to 469.1081; and WHEREAS, the City Council has given to the EDA the responsibility for all development and redevelopment projects and programs; and WHEREAS, the EDA is authorized under State Statutes, Section 469.107 to levy a tax on its area of operation for the purposes authorized under State Statues 469.090 to 469.1081, subject to consent by the City Council. NOW, THEREFORE BE IT RESOLVED BY THE EDA FOR THE CITY OF COLUMBIA HEIGHTS, MINNESOTA THAT: 1. The EDA adopts and recommends to the City Council for approval a budget of $301,193 for year 2016. 2. The EDA adopts and recommends to the City Council for approval a levy of $84,000 for year 2016. The Executive Director is instructed to transmit a copy of this resolution to the City Manager and Finance Director /City Clerk of the City of Columbia Heights, Minnesota. APPROVED THIS 3d day of August 2015. MOTION BY: Williams SECONDED BY: Schmitt EDA Minutes Page 10 August 3, 2015 3. Antenna Lease Agreement Hogeboom explained that as a component of the negotiated sale of Parkview Villa North and South to Aeon Housing, the Economic Development Authority will retain revenue from the cellular antenna located on top of the building until December 31, 2027. The existing Lease of the facility is between the EDA and T- Mobile, and began in 1997. Rent commenced at $12,000 in 1997 and increased each year by the greater of either 4% of the previous year's annualized rent, or an amount equal to the increase in the Consumer Price Index ( "CPI "). The original Lease offered several renewal terms, the last of which ends on December 31, 2016. Currently we are receiving $23,372 /year from the current lease terms. To maintain this income stream, it is necessary to enter into a new Lease with T- Mobile that will begin on January 1, 2017, as well as to obtain an Easement for the property from Aeon to allow access to the antenna area. The new Lease was mutually agreed upon by EDA staff, Aeon and T- Mobile, and is subject to the same terms of the existing Lease. It is necessary for the EDA to approve the Lease and Easement agreements prior to the sale of the property. Copies of both the proposed Lease and the proposed Easement were provided to members. Staff recommends approval of the motions provided them concerning the Parkview Villa Cellular Antenna Facilities Easement and Lease. Questions from members: Hogeboom stated we were able to re- negotiate the same terms with T- Mobile extending the lease from January 2017- December 2027. Nawrocki asked what type of signal is broadcast from the antenna. Hogeboom stated it is a cellular antenna for T- Mobile phones only. Nawrocki then asked what happens to the lease after 2027. Hogeboom stated it could be renewed if T- Mobile and Aeon wished to do so, but the City would no longer have any rights to it. EDA Minutes Page 11 August 3, 2015 Motion by Szurek; seconded by Williams, to authorize the President and the Executive Director of the Economic Development Authority to execute the Easement Agreement with Aeon forParkview Villa Cellular Antenna Facilities. All ayes. MOTIONPASSED. Motion by Szurek, seconded by Williams, to authorize the President and the Executive Director of the Economic Development Authority to execute the First Amendment to the Parkview Villa Site Lease Agreement with T- Mobile Central, LLC. All ayes. MOTION PASSED. EASEMENT AGREEMENT (Cellular Antenna Facilities) This Easement Agreement (this "Agreement") is made as of this _ day of 2015, by and between the Columbia Heights Economic Development Authority, a public body corporate and politic in the State of Minnesota (the "EDA ") and Aeon, a Minnesota non - profit corporation ( "Owner "). WHEREAS, the Columbia Heights Housing and Redevelopment Authority (the "HRA") was the owner of certain real property known as Parkview Villa North and Parkview Villa South, located at 965 40th Avenue Northeast in Columbia Heights, Anoka County, Minnesota which is more particularly described in Exhibit A attached hereto and incorporated herein by reference (the "Property"); and WHEREAS, pursuant to that certain Site Lease Agreement dated December 4, 1996, as amended by that certain First Amendment to Site Lease Agreement dated , 2015, and as may be further amended, restated or replaced from time to time (the "Lease "), T- Mobile maintains directional antennas, connecting cables, equipment, cabinets, an accessory building and appurtenances (collectively, the "Facilities ") as depicted on Exhibit C hereto (the "Plans ") on the roof of the Parkview Villa North building; and WHEREAS, concurrently with the execution of this Agreement, the HRA has conveyed the Property to Owner; and WHEREAS, prior to such conveyance the HRA assigned the Lease to the EDA; EDA Minutes Page 12 August 3, 2015 WHEREAS, the EDA desires an easement from Owner that will allow the EDA, or its tenant under the Lease, to continue to operate, maintain, repair and reconstruct the Facilities on the roof of the Parkview Villa North building; and WHEREAS, Owner agrees to grant a certain limited -term easement as provided in this Agreement; and NOW, THEREFORE, in consideration of one dollar ($1.00), the conditions, covenants and mutual agreements hereinafter set forth, the receipt and sufficiency of which is hereby acknowledged by Owner, the parties hereto agree as follows: 1. ANTENNA EASEMENT. Owner does hereby grant and convey to the EDA, for the Term (as defined herein), a non - exclusive antenna easement over and upon the portion of the roof of the Parkview Villa North building described on the attached Exhibit B and incorporated herein by reference (the "Easement Area ") for the construction, use, operation, maintenance and repair (including reconstruction) of the Facilities, subject to all governmental rules and regulations with respect to such facilities. 2. INGRESS AND EGRESS EASEMENT. Owner also does hereby grant and convey to the EDA, for the Term, a nonexclusive ingress and egress easement over the Property in order to gain reasonable and necessary access to the Easement Area. Owner reserves the right to change or limit the location of ingress and egress easement to the Easement Area to complement its residential development activities, provided that such access shall be reasonably located and not unduly interfere with the Facility operations. The EDA may not enter any buildings on the Property. The EDA may not build on the Property other than to construct, use, operate, maintain, repair or reconstruct the Facilities as depicted on the Plans. 3. PAYMENT OF UTILITIES. Prior to the date hereof, the EDA shall separately meter charges for the compensation of electricity and other utilities associated with the Facilities and the EDA's use of the Property and shall promptly and timely pay all costs associated herewith. 4. CONSTRUCTION, MAINTENANCE AND OPERATION. The EDA hereby represents, agrees, and warrants that the Facilities shall be constructed, used, operated, maintained, repaired and reconstructed in accordance with good construction and engineering practices and all applicable federal, state, and local laws, statutes, codes, ordinances, rules and regulations ( "Laws ") including those of the Federal Communications Commission, the City of Columbia Heights and Anoka County, and all applicable federal, state, and local environmental, safety and hazardous materials laws and regulations including but not limited to CERCLA ( "Hazardous Materials Laws "), and materially as depicted on the Plans. The EDA agrees to EDA Minutes Page 13 August 3, 2015 maintain, at its sole expense, the Facilities located on the Property in good condition and repair, at least equal to the standard of maintenance of the Property, and in accordance with all applicable Laws, and if any portion of the Facilities breaks, malfunctions, or is or becomes in disrepair, the EDA will promptly repair or replace the item or items including any and all damage caused by said breakdown, malfunction or disrepair at its own expense. The EDA agrees that it will not cause or permit any mechanic's or materialmen's liens or claims to be filed against the Property, or any part thereof. Except as depicted on the Plans, the EDA may not install any additional facilities or improvements without the prior written approval of Owner, which may be withheld in Owner's sole discretion and may be made subject to any further requirements Owner may have, with the exception that the EDA may erect additional Facilities and install additional equipment on a temporary basis not to exceed 90 days to assure continuation of service in the event of a natural or manmade disaster in order to protect the health, welfare and safety of the community. At Owner's request, the EDA will install or cause to be installed a "screening" surrounding the exterior of the Facilities for esthetic purposes, which shall be painted to match the building and otherwise subject to Owner's approval. 5. HAZARDOUS MATERIALS. Except as reasonably used in the ordinary course of the operation of the Facilities, and in accordance with all applicable Laws, the EDA represents and warrants, that the use of the Easement Area and operation of the Facilities will not generate, and the EDA will not permit to be stored, disposed of, or transported to or over the Property, any Hazardous Materials. "Hazardous Materials" shall be interpreted broadly and specifically includes, without limitation, asbestos, fuel, batteries or any hazardous substance, waste or materials as defined in any Hazardous Materials Law. 6. PROPERTY MAINTENANCE; DAMAGE TO PROPERTY. Subject to Section 13 below and the EDA's maintenance and repair obligations set forth in this Agreement, Owner shall be responsible for maintaining the building and any improvements (other than the Facilities) that are located within the Easement Area at its sole expense. Within 15 days after notification by Owner of such damage (or such lesser period of time as Owner deems necessary in the event of an emergency), the EDA will restore, at its sole expense, any damage to the Easement Area or the Property caused during or by the installation, maintenance or operation of the Facilities, including damage to any structures, pavement, landscaping or any other improvements or surface or subsurface conditions, such restoration to be made to the same condition as immediately prior to such disturbance. 7. INTERFERENCE. The EDA shall cause the Facilities to be operated such that they do not unreasonably and materially interfere with Owner's use of the Property. If Owner finds in its reasonable discretion that the Facilities or any part thereof unreasonably and materially interferes with Owner or its tenants' use of the Property (including but not limited to threats to public EDA Minutes Page 14 August 3, 2015 health or safety), Owner may require the EDA to cause the operation of the Facilities to be temporarily discontinued, except for intermittent operation for the purpose of testing, until the interference has been eliminated. If the operation of the Facilities is discontinued in accordance with this Section and the interference cannot be eliminated within thirty (30) days immediately thereafter, and if the parties are unable to mutually agree on an alternative location on the Property in which to relocate the Facilities in accordance with Section 10 of this Agreement, Owner may terminate this Agreement; provided consent to relocate the Facilities due to an interference under this Section may be withheld by either party in its sole discretion, and the payment for such relocation shall be as mutually agreed by the parties. If Owner determines that a cessation is necessary as a result of an emergency or threat to public health or safety, Owner may require that such cessation be accomplished immediately. 8. INDEMNITY. The EDA agrees to defend, indemnify and hold harmless Owner and its partners, officers, employees, agents and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use of the Property by the EDA or its employees, agents, tenants or invitees, except to the extent that the same arise from the gross negligence or willful misconduct of Owner. The indemnity provided herein shall survive the termination of this Agreement. Owner agrees to defend, indemnify and hold harmless the EDA and its officials, employees, agents and representatives from and against any and all claims, costs, losses, expenses, demands, actions, or causes of action, including reasonable attorneys' fees and other costs and expenses of litigation arising out of the use of the Property by Owner or its employees, agents, tenants or invitees, except to the extent that the same arise from the gross negligence or willful misconduct of the EDA. The indemnity provided herein shall survive the termination of this Agreement. 9. OWNER'S USE. Owner hereby reserves to itself the right to use the land included within the Easement Area, including but not limited to use for cellular antenna purposes (provided that any such use must not interfere with or impair the EDA's use of the Facilities and any further lease of the Easement Area by Owner must prohibit a user from interfering with the Facilities), subject to all governmental rules and regulations, and provided that such use will not unreasonably disturb or interfere with the Facilities or prevent reasonable ingress and egress thereto for the purposes of construction, operation, use, maintenance or repair (including reconstruction) thereof. If the intended use by Owner of the Easement Area is for cellular antenna purposes, the EDA may require Owner to obtain an interference study from a professional engineer to determine if the new frequencies will cause harmful interference with the Facilities at Owner's expense. EDA Minutes Page 15 August 3, 2015 10. RELOCATION. Owner reserves the right to require the EDA to relocate the Facilities to other portions of the Property acceptable to the EDA in its reasonable discretion. Owner agrees to pay all reasonable costs incurred by the EDA that are reasonably related to such relocation. Owner agrees to give the EDA not less than 30 days' notice of any desired relocation. In the event of any such relocation, this Agreement shall be amended to reflect such relocation so that the EDA has an easement for the relocated Facilities under the same terms and conditions as this Agreement. 11. INSURANCE; RELEASE. The EDA agrees to maintain at all times adequate commercial general liability insurance with respect to its access rights on the Property and the Easement Area and the use and occupancy thereof (in an amount not less than $1,000,000.00 per occurrence), specifically including coverage against claims for bodily injury, death and property damage occurring on or about the Easement Area and the Property, and contractual coverage with respect to the indemnity obligations set forth in this Agreement. The current owner of the Property shall be named as an additional insured on such policy and all insurance policies required to be held by the EDA and the tenant under the Lease. The EDA shall furnish Owner with evidence of such coverage on or before the date of this Agreement, and upon request from time to time thereafter. 12. ABANDONMENT OF EASEMENT. If the EDA shall abandon or no longer use the Easement Area for a period of at least one year, then, notwithstanding any provision herein to the contrary, the Easement shall automatically terminate and the EDA shall, promptly upon request, execute a recordable instrument to evidence the termination and release of the easement and this Agreement. 13. EMINENT DOMAIN; CASUALTY. If the Easement Area or any part thereof is taken by eminent domain or conveyed in lieu of eminent domain, then this Agreement shall terminate and any award for such a taking or damages paid as a result of such taking shall be the sole and exclusive property of the owner of the property taken. Without limiting the foregoing, the EDA shall have the right to claim and recover from the condemning authority, but not from Owner, such compensation as may be separately awarded or recoverable by the EDA on account of any and all damage to the EDA's business and any costs or expenses incurred by the EDA in moving/removing its equipment, personal property, Facilities and leasehold improvements. The EDA and Owner agree to execute any instrument of assignment as may be required by the other for the recovery of damages with respect to that party's property. If the Easement Area is damaged by fire or other casualty (whether insured or not), Owner has no obligation hereunder to reconstruct the Easement Area or the building upon which it is located; provided, however, if Owner does perform such reconstruction, the EDA may at the EDA's expense reconstruct the Facilities within the reconstructed Easement Area for operation for the remainder of the Term. If Owner does not reconstruct the Easement Area in its sole discretion, this Agreement shall terminate. Page 16 14. ASSIGNMENT. Except for the existing Lease, the EDA may not assign or otherwise transfer, voluntarily or involuntarily, this Agreement without Owner's prior written consent, which may be withheld in Owner's absolute discretion; provided, however, without the consent of Owner, the EDA may assign this Agreement to a governmental entity that succeeds to all of the EDA's responsibilities in the County of Anoka. 15. NO DEDICATION. Nothing contained herein shall be deemed to be a dedication of any part of the Property to the general public, or for the general public or for any public purposes whatsoever. 16. NO PARTNERSHIP. None of the terms or provisions of this Agreement shall be deemed to create a partnership between or among the parties in their respective businesses or otherwise, nor shall it cause them to be considered joint venturers or members of any joint enterprise. 17. DEFAULT: REMEDIES. If a party hereto defaults under any of its obligations under this Agreement, and such default continues for 30 days after receipt of written notice from the non - defaulting party, then the non - defaulting party may exercise one or more of the following remedies: (a) Cure the default and charge the cost thereof to the defaulting party, and all such costs shall be payable on demand and shall bear interest from the date of demand until paid in full at the rate of 8% per annum; or (b) Apply for injunctive relief and/or specific performance. The 30 -day cure period shall not apply (a) in the case of an emergency in which event an immediate cure shall be required, and (b) where a default is not susceptible of cure within 30 days and the defaulting party commences the performance, fulfillment or observance within the 30 -day period and diligently prosecutes the same thereafter. Any action seeking one or more form of relief shall not be a bar to an action at the same or subsequent time seeking other or alternative relief. In any such action, the prevailing party shall be entitled to an award of its costs and reasonable attorneys' fees. No delay or forbearance by a non - defaulting party shall be deemed a waiver of the subject default or any subsequent default of a similar nature, and no waiver of any right and remedy hereunder shall be effective unless in writing and signed by the person against whom the waiver is claimed. 18. NOTICES. Notices in demand required or permitted to be given hereunder shall be given by certified mail, return receipt requested, or by a national overnight express service. In the case of Owner, notices shall be addressed to it at 901 North 3'd Street, Suite 150, Minneapolis, MN 55401, Attn: Caroline Horton, or at such other address as specified in writing by Owner. In the case of the EDA, notices shall be addressed to it at: 590 40'x' Avenue Northeast, Columbia Heights, Minnesota 55421, Attn: Executive Director or at such other address specified in writing by the EDA. Page 17 19. EXHIBITS. All exhibits referred to herein and attached hereto shall be deemed part of the Agreement. 20. RECORDING. The Agreement shall be recorded in the records of Anoka County, Minnesota. 21. GOVERNING LAWS. The laws of the state of Minnesota shall apply to the Agreement. 22. SEVERABILITY. If any term, provision or condition contained in the Agreement shall, to any extent, be invalid or unenforceable, the remainder of the Agreement (or the application of such term, provision or condition to persons or circumstances other than those in respect of which it is invalid or unenforceable) shall not be affected thereby, and each tern, provision or condition of the Agreement shall be valid and enforceable to the fullest extent permitted by law. 23. BINDING ON FUTURE PARTIES. The easement granted herein shall run with the land and shall inure to the benefit of and be binding upon the parties, their successors and assigns for the Term. 24. LEASE. The EDA will enforce its rights under the Lease to the fullest extent and will require the tenant to operate strictly in accordance therewith. The EDA and Owner acknowledge and agree that all of the rights made available to the EDA under the Lease shall be made available to Owner (other than the right to collect rent thereunder), that all warranties and indemnities set forth in the Lease shall inure to the benefit of Owner, and that Owner may, on its own behalf or on behalf of the EDA, enforce, directly against the tenant or any other applicable party under the Lease, all rights afforded to the EDA under the Lease. The Lease may not be amended or otherwise modified without the prior written consent of Owner. Upon termination of the Lease, if the EDA is the landlord under the Lease at the time of its termination, the EDA will cause the tenant under the Lease to execute a "Termination of Lease" in recordable form and will cause such document to be recorded in the Offices of the County Recorder and the Registrar for Anoka County, Minnesota. 25. TERM. This Agreement will terminate and be of no further force or effect, except as otherwise provided herein, at 11:59 on December 31, 2027 (the "Termination Date "). Prior to the Termination Date, unless otherwise agreed to by the parties in writing, the EDA must cause the Facilities to be removed from the Property and must restore the Property to a condition as good as or better than that which existed immediately prior to the installation of the Facilities (including the replacement of any landscaping, curbing or paving that has been removed or damaged). If this Agreement is terminated prior to the Termination Date, the EDA must cause such restoration to be completed within 60 days after such termination. [Signature pages follow] IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first above written. OWNER: AEON M Its: President and CEO ACKNOWLEDGMENTS STATE OF MINNESOTA ss.: COUNTY OF The foregoing instrument was acknowledged before me this day of 2015 by the President and CEO of Aeon, a Minnesota non -profit corporation, by and on behalf of the corporation. Notary Public EDA: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY M Its: President LZ Its: Executive Director ACKNOWLEDGMENTS STATE OF MINNESOTA ss.: ICOUNTY OF ANOKA The foregoing instrument was acknowledged before me this day of , 2015 by and , the President and Executive Director, respectively, of the Columbia Heights Economic Development Authority, a body corporate and politic in the State of Minnesota, by and on behalf of said body. Notary Public Error! Unknon'n document property name. Page 19 EXHIBIT A Legal Description of the Property Tract A: That part of the South 1/2 of Lot 13, lying Northwesterly of the following line: Beginning at the Northeast corner of the South 1/2 of Lot 13; thence Southwesterly to a point on the South line of said Lot 13, said point being 2 feet Easterly of the Southwest Corners of Lot 13; the South 241 feet of Lot 14; then south 1/2 of Lot 15; Lot 39 except the West 30 feet thereof; Lots 40, 41, 42 and 43 and the West 1/2 of Lot 44, all in Block 5 Reservoir Hills, Columbia Heights, Anoka County, Minnesota (Abstract) Tract B: The East 40 feet of the South 1/2 of Lot 16, Block 5, Reservoir Hills, Columbia Heights, Anoka County, Minnesota. (Torrens) FIRST AMENDMENT TO SITE LEASE AGREEMENT THIS FIRST AMENDMENT TO SITE LEASE AGREEMENT (the "First Amendment ") is made this _ day of , 2015 by and between Columbia Heights Economic Development Authority, a public body corporate and politic and political subdivision of the State of Minnesota, as the lessor, whose address is 590 40s' Avenue NE, Columbia Heights, MN 55421 (hereinafter referred to as "Landlord "), and T- Mobile Central LLC, a Delaware limited liability company, whose address is 12920 SE 38`x' Street, Bellevue, WA 98006, as successor in interest to APT Minneapolis, Inc. (hereinafter referred to as "Tenant "). RECITALS WHEREAS, Landlord and Tenant are parties to a Site Lease Agreement, dated December 4, 1996 (the "Lease ") whereby Landlord has leased to Tenant and Tenant has leased from Landlord approximately 250 square feet of rooftop space (the "Leased Premises ") on a certain building located at 965 40th Avenue NE, Columbia Heights, Minnesota, legally described in Exhibit A attached hereto (the "Property "); Page 20 WHEREAS, the Lease provides for an Initial Term commencing on approximately January 1, 1997 and expiring December 31, 2001, with rent commencing at $12,000 for the initial year and increased each year by the greater of (i) 4% of the previous year's annualized rent, or (ii) an amount equal to the increase in the Consumer Price Index ( "CPI "), all as more fully described in paragraph 2 of the Lease, subject to three (3) Renewal Terms of five (5) years each at a rental rate for each Renewal Term consistent with the terms of the Initial Term; WHEREAS, Tenant exercised its right to extend the Initial Term of the Lease for each of the three Renewal Terms; WHEREAS, Landlord and Tenant desire to extend the Term of the Lease for an additional 1I- year renewal term from January 1, 2017 through December 31, 2027 (the "Additional Renewal Term"); WHEREAS, Landlord and Tenant have agreed on a rental rate for such Additional Renewal Term; and WHEREAS, Landlord intends to convey fee title to the Property to Aeon (or its successor or assign, as applicable, being hereafter referred to as "Property Owner ") and will be granted a non- exclusive easement (the "Easement") to the Leased Premises for a period equal to the Additional Renewal Term, along with certain rights of ingress and egress thereto through the Property, subject to Property Owner's reasonable security requirements and the rights of tenants at the Property. NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, Landlord and Tenant hereby amend the Lease as follows: 1. Additional Renewal Term. The Lease is hereby extended for the Additional Renewal Term, which shall run from January 1, 2017 through December 31, 2027. 2. Additional Extensions. A. The parties acknowledge that upon the termination of the Additional Renewal Term, the Easement will expire and, as a result, Landlord will no longer have the right to occupy the Property for the purposes of providing Tenant its rights under the Lease. Accordingly, the following extension provisions are subject to the Owner Approval (as hereafter defined) and, in connection therewith, Property Owner's consent to its replacement of Landlord as the landlord under the Lease. B. The parties further agree that Tenant shall have the option to request extensions of the Lease for two (2) additional five -year Renewal Terms commencing, respectively, on January 1, 2028 and January 1, 2033, by providing Property Owner written notice of Tenant's request for renewal (the "Renewal Request ") at least eighteen (18) months prior to the expiration of the Additional Renewal Term or the first subsequent Renewal Term thereafter. Property Owner may approve or reject Tenant's Renewal Request in writing within 60 days after Property Owner's receipt of the Renewal Request for any reason or for no reason whatsoever; provided, however, any failure of Property Owner to respond to a Renewal Request shall be deemed a rejection of the Renewal Request. Property Owner's acceptance of a Renewal Request is referred to as an "Owner Approval." If Property Owner does not provide its Owner Approval in response to a Renewal Request, the Lease shall terminate in accordance with the terms upon the scheduled termination of the then - current term. If a Renewal Request for the first Renewal Term is either not delivered or rejected, the second subsequent Renewal Tenn will be void. Page 21 3. Rent for Additional Renewal Term. The rent for the Additional Renewal Term and any subsequent Renewal Term shall continue without interruption; provided that the rent shall be increased each year on January 1 by 3% of the previous year's annualized rent. After the termination of the Additional Renewal Term, if the Lease is extended as provided herein, rent shall be payable to Property Owner at the address provided in Section 6 below. 4. Lease of Landlord's Interest in Easement. Landlord and Tenant agree that the Lease is a lease only of Landlord's non - exclusive easement interest in the Leased Premises during the Additional Renewal Term. Landlord and Tenant agree that, for the Additional Renewal Term, Property Owner is a third party beneficiary under the Lease, as modified hereby, and has the right to directly enforce all of the duties and obligations of Tenant under the Lease. Upon any extension after the Additional Renewal Term, Property Owner will become the landlord under the Lease and, accordingly, a direct beneficiary, obligee, and obligor thereunder. Landlord and Tenant agree that all rights of Property Owner under this First Amendment shall inure to the benefit of its successors in title to the Property. Further, Tenant agrees that it shall name Property Owner as an additional insured under the applicable liability and casualty insurance which Tenant is required to maintain under the Lease. Landlord and Tenant agree that all warranties and indemnities set forth in the Lease shall inure to the benefit of Property Owner and that each of Landlord and Tenant will exercise its rights under the Lease in such a manner so as to not injure or damage the property of Property Owner or its tenants and so as to comply with Property Owner's reasonable security and other rules respecting the Property so as to not interfere with the right of quiet enjoyment of the tenants at the Property. Recitals. The Recitals provisions are incorporated herein by this reference. 6. Notice and Cure. Tenant agrees to give Property Owner written notice of any defaults by Landlord under the Lease and an opportunity, at Property Owner's option, to cause the cure of such default within the cure periods set forth in the Lease, prior to exercising any remedies under the Lease. All notices to Property Owner shall be sent in accordance with the procedures for delivering notice under the Lease as follows: Parkview Limited Partnership Attn: Eric Schnell, Chief Operating Officer 901 North Third Street, Suite 150 Minneapolis, MN 55401 or to such alternate address or attention as Property Owner shall notify Tenant and Landlord in writing pursuant thereto. 7. Liens and Claims. Each of Landlord and Tenant agrees that it will not cause or permit any mechanic's or materialmen's liens or claims to be filed against the Property, or any part thereof, including, without limitation, the Leased Premises and shall indemnify Property Owner and its partners, and hold them harmless, from and against any and all mechanic's or materialmen's liens or claims or any other claims, whether third party claims or otherwise, arising from the Lease or the actions or omissions of Landlord or Tenant thereunder. Page 22 8. Easement Agreement. Tenant acknowledges that the Easement will be granted pursuant to a certain Easement Agreement between Landlord and Aeon to be recorded in the Anoka County real estate records upon conveyance of fee title to the Property to Aeon (or its successor or assign) (the "Easement Agreement "), and agrees that Tenant's operations under the Lease, as amended hereby, will be in accordance with the recorded Easement Agreement and that, to the extent the Easement Agreement conflicts with the Lease, the Easement Agreement will control. 9. No Other Changes. Except as specifically provided herein, the Lease remains unchanged and in full force and effect. Capitalized terns not otherwise defined in this First Amendment shall have the meanings ascribed to them in the Lease. IN WITNESS WHEREOF the undersigned have executed this instrument the day and year first referenced above. LANDLORD: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its President By: Its Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of 2015 by and respectively the President and Executive Director of the Columbia Heights Economic Development Authority, on behalf of the authority. Notary Public TENANT: T- MOBILE CENTRAL LLC STATE OF ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this _ day of 2015 by , the of T- Mobile Central LLC, a Delaware limited liability company, on behalf of the company. Notary Public Page 23 EXHIBIT A Description of the Proverty Tenant's leasehold interest in Landlord's easement rights granted in the following described property, pursuant to Easement Agreement recorded as Document No. in the land records of Anoka County, Minnesota: Tract A: That part of the South 1/2 of Lot 13, lying Northwesterly of the following line: Beginning at the Northeast corner of the South 1/2 of Lot 13; thence Southwesterly to a point on the South line of said Lot 13, said point being 2 feet Easterly of the Southwest Corners of Lot 13; the South 241 feet of Lot 14; then south 1/2 of Lot 15; Lot 39 except the West 30 feet thereof; Lots 40, 41, 42 and 43 and the West 1/2 of Lot 44, all in Block 5 Reservoir Hills, Columbia Heights, Anoka County, Minnesota (Abstract) Tract B: The East 40 feet of the South 1/2 of Lot 16, Block 5, Reservoir Hills, Columbia Heights, Anoka County, Minnesota. (Torrens) Tract C: (Maybe added later) EDA Minutes Page 24 August 3, 2015 5. Administrative Report 1. Staff will prepare the list of properties that could be sold for redevelopment for the September meeting. Most of these lots are located in the Sheffield area. 2. Dominium will bring their plan for 55+ housing before the EDA in September. This proposed project will be similar to the one recently built in St Anthony. Nawrocki said he feels we have enough rental in the City and is therefore, against the proposal. Szurek stated she attended the Open House they had and thought the buildings were very nice and is highly in favor of the project. She said the St Anthony building was almost full by the Grand Opening. She said the units are nice and many amenities are provided for the residents. 3. The new owners of the NE Office Building are actively seeking an anchor tenant. Once one is secured they will do a major renovation on both the exterior and interior of the building. They will be putting signs up advertising "something good is coming soon" to help cover the damaged wall until such time the exterior work begins. Hogeboom also reported the bank will be staying through the winter as they are having some problems securing the lease at their new site. 4. The next regular HRA meeting will be October 27a' and the next EDA meeting will be September 8s'. August 27h is the date of the Groundbreaking at Parkview Villa for the remodeling that will be started after the closing. The meeting was adjourned at 8:00 pm. Respectfully submitted, Shelley Hanson Secretary RESOLUTION NO. 2015 -14 A resolution of the Economic Development Authority of Columbia Heights, Minnesota, Approving the Financial Statements for Month of July, 2015 and the Payment of the Bills for the Month of July, 2015. WHEREAS, the Columbia Heights Economic Development Authority (EDA) is required by Minnesota Statutes Section 469.096, Subd. 9, to prepare a detailed financial 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 July, 2015 has been reviewed by the EDA Commission; and WHEREAS, the EDA has examined the financial statements and finds them to be acceptable as to both form and accuracy; and WHEREAS, the EDA Commission has other means to verify the intent of Section 469.096, Subd. 9, including but not limited to Comprehensive Annual Financial Reports, Annual City approved Budgets, Audits and similar documentation; and WHEREAS, financials statements are held by the City's Finance Department in a method outlined by the State of Minnesota's Records Retention Schedule, NOW, THEREFORE BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority that it has examined the referenced financial statements including the check history, 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 check history as presented in writing is approved for payment out of proper funds; and BE IT FURTHER RESOLVED this resolution is made a part of the permanent records of the Columbia Heights Economic Development Authority. Resolution 2015 -14 City of Columbia Heights — EDA Resolution ORDER OF ECONOMIC DEVELOPMENT AUTHORITY Passed this day of 2015 Offered by: Seconded by: Roll Call: Gary L. Peterson, President Attest: Shelley Hanson, Secretary Page 2 w V 0 'n sv C� m Ma 0 m 0 0 0' v CD ma � 3 \V rf rot, 0 rF n r~ 0 h 0 0 v ^ ' m m• rh / m O n C) O z m z CD k X m m m m m m z z z v v c = M c c v c m m o O O m c c r- 5 z m m m r r Z z m m � W r v z m m D 3 3 m z cn m m m m (7 n n n O O O O z z z z A W N m O n C) O z m z CD 0 v x a WO z z n N x N o h \H x NZ t=J O y (7 �z iv Nn H H z > ro�rox�cn C w� obomon v ro ro�xro n d om >Hyroro O O H 3H�Cxrr H WX :E>HH H >ZMM 2 H 7xx n x wno 77OMM mx HroHH zvzz K O in in u�in to in x JJ JJJJ [cf J 0101 U�1P.P (] WiD�P at N.O x .PWNm X01 YF rn lPH .P H oK ro 10 C'=J 0 Jn .o Nr JC S rom yH [•J x x H �y 00 0000 O JJ JJJ J x 10�o\\\m x x7 d Hm Ulln Nln Ut tP Y V10 H HY [9 O xx Kr m HO H0 rn m � N � O J�-•O 10 i0 ,'� O Ol6l�P 1P 010 O C 0 o1.pm�on z � O1N OU1 lP0 �] rn lPH .P H oK ro 10 C'=J 0 Jn .o Nr JC S rom yH [•J x x H �y Ij w w w 13 N I N 1-i O> o v l> y o m C c mn H Z I z z H I z z �m > x x x d d d H H r oN m N M C n Iz > C Id Nz r �S d m N N N p > r v m y -Z n I [') ro O I n ro vin m o z o o z m m H d H H y x m m Gz] I H I 0 z or3 H o x am z w3 y H H I I I 1 I I I z 2 I I I I I I 1 I I n G]L]H rry tnoK �rn 000 77m� Cn 00 �r • C N.� J� H y is nx � to roH 4] H d] m n d d x H H N C C N P m N N N p O O m O O k 0 m o z o o z m m H m m H m m n G]L]H rry tnoK �rn 000 77m� Cn 00 �r • C N.� J� H y is nx � to roH 4] H d] m n OlN x NJ ii 00 tz w o> x > > mn 2 2 \m mm x x N xx o�n H(D n \H x HX Nz x [n o T xx n —z x N Nn H H HO H0 2 Y � c mk r ax c w z n 3 w z z n z z ,k a2 n in otn m mm O 0 O ••H H O h O xx my vc r en Hz x n OlN x NJ ii 00 n J J x \\ cn 0o n mm x n \ xx U H(D NN U (] H HX x O xx kH N HO H0 + t, 11 � mk w N N 0 3 N O N O C in otn z 0 00 H G) rn IJIH �H o� 7 i0 Can 0 Jn •o Nr JC `{ H > n > in x x H ci x H H m I m W H d ; h M oy O > I q y O N C C mn m x m O m C > C N Nm r tl r W W (I] W O hJ [n 0 O y n z m y n O m N z r x v n r v m n Oy r n M b r Id O H In Ul n b inn z z z ro ro ,r N n p H w w Y C 10 -K n n 3 y O m �m C Z N� H I I I d M I C 1 I m I I r I O I ro I I � I m � 2 I I H t n x m n QQ H CrH rook ,o rn 000 Cn 00 �r . G �l al H >m roH ron >x �H d d x H H td m x m m C C N b tl W W (I] W W [n 0 O m m u� in z in vI z O o H o O H In Ul n QQ H CrH rook ,o rn 000 Cn 00 �r . G �l al H >m roH ron >x �H m H H wwwwwwwwwww0 N I C b O OIDIOIOOIOImmO wwwa O I MM() H HN��iA NNNN01�� N I C \(n yN�POO�p���ONOI I [xJN r x610000106100 N(I� I CO'i '• •• I \H QNy z mzH �Zd Mozol3mA z I KJOy Z t'J a1H 9'A HxOZOHt•1 t�] Z i -'Z O CYxrHx9? HCYl7C O (y n C'N OH MHM`4 >C y—r n [9m"Idx zW OtIN n Hw O aam yHHHHOa1 O r••cn rorrW.I m airc� �K C) H• y n ago>Zx n m 0 z zz* K][]ZZHy O ..y f om >M N roxHHH zm YMZ Z H C 8H mz> w w C C O 3m z x o o z U7 c r w O 3 M 7 a V H z x w w I I> oo 0 Iro x IH I [q H o x I [J IC C Id 0 000000000000 Icy [q 0 000000000000 Iq H 0 000000000000 IH O b a I C -- I H I [q 4 m Id YC ICY 2m p dz 0G 0 000000000000 I[y2 -0 I OC 0 000000000000 IM;y n 0 000000000000 lyr NC; aw >'y a Izn um I uq H H$ HG H zH� zm ro o roro a loo 0 0 000000000aoo Inw x M H 0 000000000000 :mm 0 000000000000 WO y C Iyy r zn IdH w I HK zH C N ro o Oro oo v 0 000000000000 Inm H W 0 000000000000 Iwo 0 000000000000 Iwo I I ICM �?3 Ixy IyH Izz I n H 0 000000000000 I O I 0 000000000000 n O 00 O O O 00 00 OO O tj H ry MK Iro N n a7 ZN I H 0 0 0o Oo 0 000 00 o I Cn 00 �r • C J� H ro> v ox mm Ii x H —y H www www H ww H www wwww H w H wwwww H wwwwwww o N Ow�w� . . . . . . . . 000cn000 on O. Owwwww O- ---- -- 0 0 HNNNNNN no 000000 H- l3rn�-• Hibm00000 a •ylp(P oo N >- .b "oom Y- nN ---- rONNJ(nP r00 rOOIT lOJ 610 CN r�NJNO r000.PN�0 H',OHHHHHH WOWW XroOZOWl Hx 0Yn HOW 3 ro'•JH Hrorod�xmnH7] m ',OmzJZ 7.1'A ,b',i1 YHYY H;000XCOZH mom zHHS.'bmz J O JO 0 000 rxrr WHZZ>W>F3W Yob 1>% HxY'.000H xzKrmYYxJXC Y ZHZZ ZZZZ mmmm Oz HOzHzmO 000 oo0o mmHSCromm m.'C'.'Z. H'y xmm O 00 O O O 00 Wl7WWWWWW wo W mn'.0£Q)4 xm OZW ZJOmm• wz Wrmz nommz > ..JgmI rj m.q ..J O rHHmmmHmr mHm O H 7(7] H20:ECdz C 0 mYmmmmmm ',Um rromr WZWr WWW OrG) Hr0 HH• HZ10-3 m z 7]r:0 `A71 R1'A'b m b,>CrHWIH-3.7 H C0'.0<> C m uzA o H W W mr ZrHHZ m Z maJm mn.'bT XGIm WHymm m,b Z mHHHHH y m HZ rZom 0>0 'A YZr ',050 ZO zz0 H i KDZZZZZi Z Ozoal•JOmzO "5d Zr3d707z HHH W C•••• f u CmZ Y >W C H x mmZ3 rC> C H ZHmOmmOz mldw%Hz HHW WCW ma rHm HHy>Cy Y9' 'A 0H0S50WHO w Y mz z mmm z0 xH z Zmr OOr ZKCro00xZ m K Z H C w 4 HC Om H I-3Co O H w 'd H',�4ww H z 1-3 CZ m CmC ?m 3m Y m :O <CA% mH I z wm z m WYH W HmH r?J m r SdCM vvm O <znlomw C W z Cm H mmn z W mmz rrz z yH ;;0 O C H C:z z mmm Sdz H ;0 W 00 zzZ u?Z z 'O mm m W W mm m m 1H 13 %. d mWHm d m W W Z CZ > C Y mm nmmC W n m H H mH 0 m x zz mmWr m z r W z Z m m z � m W W� ro 1J z Y '3O H z O N N po H N 01 N J 01 o Sarno in omo J O JO 000000 O O 00 0000 0000 00 00 00 00 WOOOO6J00 Ooo00o O O 00 OOOo 0000 o0 o000 00 000000 00 0000000 000 00000000 00 000000 00000000 N T NJ01 O PTO m of o J 0Jo 0onoono no 000000oo no O00000 . . . . . . m0000moo . . . . . . . . . . . . . . . 00000oo . . . oo0 . . . . . . . . OoOO0000 no 0o000o 00000000 oo00000 000 000000oo no 0o00o0 Oooc0000 oo00000 non 000o00o0 no oonoo0 0ono00o0 . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . 0oo00o0 non O0000000 no 000no0 000o00o0 0oo00o0 non o00o00o0 no o00ono O0000000 o0000o0 o00 000000o0 no o00oo0 . . . . . . ono00oo0 . . . . . . . . . . . . . . . 00oo000 . . . non . . . . . . . . 000cn000 on 0o00o0 0oo00oo0 0o00000 coo n0000nno no 000000 o0000000 N NJO O .P 610 o n of o J O JO 0000 000 000 O 000 O O. 00 00 O 00 O . . . . . moon. . . . . . . . . . . . . . . 0000 0oo . . . 000 . . . . . . . o o 0 0 oo oo . . Oo . o0 o ono 000 oo0o 0000 000 000 O 00 O O O 00 00 0000 00 000n0 0000 0000000 non 0000 00 oo 00 Oo 0000 000o 0000 r� Gm\W rOm \H U nn b - t7+ H w .. y ovum i63 H ro C �I 1 m 10 0 O 1 ro Al 1H Im H 10 x m C ro G m I G) m H 1H O d 1 � 1m m I H W U m u 1 (7 y C ZN �z oG vZ �Q n C m> a Hr NG op zo P I C7H mH 13 Y 2 z H 1-3 z m o '0 o 100 C 00 W nW x mm w ti 1W0 4 C 1yy r 120 1 (y H w 1 � HK 1ZH I CJ N ro o 100 0o m nW mH Wm 1 mu 1 1 W tm Yz I ry yH Izz n H NZ I W I n I G] H rH nK 1 I N n no 1H xm 1 Cn 00 Jr • C N'S J 67 H ro> mx mm x H NW R H y N 1 r y O O o� 9m0 .b > N r r 1 roy] omz [•J ry� pJ I o y b C Y C7 V 0 l C tj >_Y i M .X I Hwr H H 1 2 Z I K H H I m m m 1 .. H � 0 1 o�3 > Y 1 H H H 1 x H H oz z 1 w o I I 1 i 1 .y 1O 10 0 O fro � N N I y 0 0 10 x J J C ro m m 1d � I 0 o th H 0 o IH O I xY d I ii m 1 C I H N N I x rn m [d 4 N 0 o I cy y � zm lP UI 1 c z J J Z 0 OG > pl M 0 o y O 0 o IHr NG ow n Z �A I �m I d H H I y+ Zl3 x(D 0 x ro O 7d ro C l00 a O O (]m x M H O o I m[J 0 o I and ca C q7 r Z() 1pH w I � 21-3 I rJ N ro o 00 OO P 0 0 10m w H 0 0 m t7i 0 o Imd 1 w M N Ny 3 O O r> O O 'y H 1zz N lP 10H m m I m I O O I (] rH �nK Iro N 10 00 o O I <0 00 Jr •c J�f H ro> �x x H w y O H r cl z C z 2 d w z H O H O y � r [+l C) 0 x v m ro x H z H L•1 O I m ME 10 ro N 1 H rn 1 0 1 0 d � 1 C J C m 1v �o 0 1 [q 0 1y W [s] 1C I H N I (A 0 1 rJ u z x I J 1 m 1vz nC 0 1 [h y 0 1yr �yy 1zn 1 t7 H 1 �zy 1 v fro Oro 100 o i n pl 1 iJ y 0 1 w [q 0 1 O d y y Izn u H 1 H K' zH O 'd 00 1 Oo 0 1 Ow wm M H O w o O I (n O I wm N 1yz rn 1ry O y H n lP I nH � I � O I O 1 fro 1n 1 H 0 r y Li N r ohl \H ONz ploy �2 O nn [i H H y yin H W r••m .. y o to [4 H x z C W 0 'I O x H M ro H O d ro 4(D ?C zm oG _ G1 NG O V �a �nm H H(D xm x 0 Q 0 x c, C C w N O �] H Nk N 00 cn 00 Jr • CC Jal H roy y hJ [•1 H x H iP (n O H iP iAN O O�O�O H WWN r tn0 > mn> z zOz 0 oroo x NON C) nln 0 Ono n xan o zagog r� d [s1C0 C< C < KMC r W room znx 0 0 oxo > ��i H .CaiAN r y O m01010 Mmn H wwwa 1 C,m > N M r ain .n rom H mxmm °, d OMOO 1 LM= dz> zmin -1 H 0 HO�d _Y X XmHX HWr H IUMOH H 013UH I �Nm owx Z zztCnq 3 H zwoH I 5 H H 10H I O mxSO 1 C z dzz i N m H 1 H I O z> 4) C H x 1 N N W W 0 0 J J J J in ooln 0 000 0 000 0 000 0 000 0 000 N N 0 0 In ooin F:iS19 iP P w w to oovl m m rn rn m � W W 0 000 0 000 0 000 m m N 00 N I I I I I I 1 1 I I I I ry] �c o I H 'xi m H U Id x m> m I a z ro oz i icy 0 Hr O d h —ti x Iz k I n ro I C C, (D 13 by Im za I xl orr ( H I (D I N TY �G Zn UIF dH P I (p zH xr O C 0 �ro a� 00 n nm x M13 w 0 4 C > z0 r I C7H w 1 IzH I d N k o 00 00 U Inm H W m hJ I m d I 1 mw >a r� z H z z n H 1 [h z 1 I 1 n �H 'd N� H 00 cn O� Jr Jtp ax m H m x H Nm H O H r 2 C 3 b7 c� O 'h .b C) C) 0 x d m ro x H 2 H �7 d N Y Z b H r I I I I 1 I I I I I H N I (n W I [J O I � J I W Y J IC2 Idz I G) C o I h7 Y O IHr I n I �J 0 1 p7 10 O I o I I Y Y 2n IpH Zd 1 N �zy � I d ro n 1 O 100 00 in I ncn I [h H o I N Ch w ICp YY Izn �dH 1 H K a 12H w I O ro Ixro a loo Ut 1 n I�H 0 1 w t9 I I ygJ w ICY Ol I Y H 122 N 1 n H w 1 ti 2 O I Q O I O I Iro .n 01 I H N I I I r Y cn mn C\[n [i N r oh7 \H ON2 hjoY �2 O cnn M H H Y Y�r H W r•• U1 �K GNU] .. y O N:K O'3 H x x C I 0 .ro H x Li ro t� z H O O W Z Q. Y Or* 'G ry (U N O G.] G a m HH om om C x 4 C r w N O n (�] H rH inK N 00 x �n no 00 J r C J[d H 7Y MM G) H w vi H I C > O M mo H a�a�naaa,p,nwwwwwwwwww -•o C\M > �OOOOOOOOIOID Ib Ib ip 1p ip ib l6NW I MN ["1 OlpW J6)V1W N�WJOI UtiP WN�0610 I [+p h] I \H I ONZ ii iJ lTi.'i,'�d Stl .ro �P C"IH HiA'L W��PWWH"`['n (i MOY Y O 00 CMM i3 O Z ZJM J JOIOJ ZCOY 1 ro Hmw. Hmx>CJOOH Xi X=Qgt [y tll (Zj H 2MMCC< Jb]x J.`ri •Sr .'Ti fA FiGH H b 3' HMMHMMY HHOCWOfhfNfNH y�t, ro HH ZZ t-IZ x?7',dMH M .'dCHd I I HW OCC OIIH+rodCS Y'H dHH Z[O=J [OtlbCw+]KO 1 r C lOro roii�3(i (n t'I C+�idHHx1H Z.'Z. n C -+Nm M SJ OLIMMH >ZZYCHI-3 YJCAM 1 ..y S OC'WZ ZZZ'd`t GQQ"MZWIdMM$' o�nM M 4OMOro13HO>yyJ O 7J7770zM 1 tn3 H n2>g 0,07Hx T.0 Z[�=J IN-Ir `~y'd'<MH x O H,dM> 0 OW'dX 9CIK [+�O d M W - 3>gzNM >O roM O M 1 C OhI HC]MMZ37JZ >LH ro C 1 N M OSd OIOOC7HM7l Ul zx 0 3 M OZ\HCHO S' x� M I o O G)WO t"CHy Mz Z 0 O 1 Id MUIro M-3 H H ro M 0>HG]1H-1 M j H CM zz H H I ro M M C O I H z I Cn N IM H 0 O td> M O 0 00000000000000000000 IOZ 0 0 000000............po iac H 0 00000000000000000000 13" 0 O N 1M "M Iz x in 1 Q 4 (D D I IM H I x1 prT o O o0 00000000 000000000 I M -•G Ci Il O OOp 00000000000 00000 O I (p O O 0000000000 000000000 f N >> �C zO WH- 013 ❑. IHx H ZH xH O ? p w 'a Om N OO a N 000000000 00 OOOOOONOO low x U1 Op0000000. . . . . . . . . . . I M13 0 00000000000000000000 1 (n CJ c1 C 1 r Izn 10H w a o ZH Ol N O N m NJp O I OO 1 00 O J J O O Ol lJl O 00010 O1O 0. . . . . .1. . . . . . . 1 M] oomorn00000000000000o (AM W 00010J0000 00 000000000 t w o I I W M N O > H O1 N O N iA J OH J J O O Ol N MZ O . . . . .l . . . . . . . . . . . . . O o oaooloo 00000000 00 000 O w 00610 JOOOOOOOOOOOOOOO 1 G]H I I 1 I 1 1 CH lD lD l0 tD l0 o No O Oct J l0 lb l0 l0 O 1 (i O 0 I W 0010 O1000000001O001D O�600 I 00 1 I I I I I I JC'I I I I I I I I C 1 I I I I I I Jaf I I I I I I I H I I I I I I I 'y I I I I I 11 Off• H x H H O H r O z a z 3 O ttl m H A O H O y � r R1 m 0 0 x d m 'd 'A H z H m d I �] Im IC I H I (n I m rP N I rJ lP I o I b7 y O U z o OC Qa 0 1mv 0 1yr I �z td N m o I m I d o I o I zn I d H I IH3 IzH I d Iro w 00 00 � 1 N (] n mH in I to m '2M z0 1 d H 1zH .P I C7 Iro rn 00 1 J 100 o I O Ul _ mm w vq w I (n d 1 w M 1r Izz O (]H J m z o I O 1 w 1 1 fro J I () W I H w r > m a�0 C\m [+] N \H moy M H H S Y�r H W r•• w �NUI .. y o �cm in3 H x x C N O Im O z H x m M m H H 0 d m x ro za orr 'G ly m N O �] a HI x I- 'O7 om C O x 4 C r w N _o O �k N 00 19 CO 00 Jr • C N� Jtrl H rom m� H H N(n U1 U1 UIVt H•P �•p iA rP �•PWWWWWWWWWWW HNNNNNNN I-i -• "�.� N r v OJOIW WW�OWNWOl U1W NNN'O O--"0000 OJNN000 O1 O I [xJ (p () IOJN' HOOlOW000 UiA WOO�NN'ON HJJOIW"O HON'J'O W N I �' \(J] '000 y000000000000000 oino yin'oo'oo y000000 w CdN � royJ •' I \H >owd n Onr Hmx 7O w m,TIa roro,g, •Mo w"JQx dnxom '11>`1 H,Tlyron Y i ooy Wma>> H?JOVCHtgt NM>Xmo, oNz XH aoM>Zo HhJC W9 - Z4mnmo z m'JHZro x M> X m m Zro i h m m n n x m r v ro x Id OZHHXZIWd xrHmi onrdW O t7 in (Zj MHrUH MUZMWOH>NC C>>MI-3MHMM roabJZZroOHro m0• t=JCxm&) N Ctl H Hn t7 H wHmmn• mH;Ow xrrzvrozaoz r %1HHC.'dnr onn•'wH"co v y v mLiH Y H z ryO M v nxHH Hm,b• HH [•JH Z�• C7Y [h •� I z r m fN fk HdM ZzHOmoz m mat, zMn M >H3>> wu> n I Hwr SM0 CUz 'd yxy fN MOOZO ZQ] W mro r QAJIOmm rM- • yro rn O r•.m IC (N C CC >Ir-IIH-I0>t g [•JHC9 mr 10< rcnr MH-r d mdnn# z>w n H H Htgvn0MwH f nt9C f ZH Hro0 prom W`JOoH,Vr i O ..y 7J IdH r OmZdJZmmH tlrz Mon MIUZ'dC3r "Zzxt,> .d g I Otn Ld v M= Hzl wMz m H 13ulit9 mrmxHMH C•HyHt+J O.ro CO x W`3 >ZZ K' mHmm mH 011i [in [i atnm H,3 hJdZM Hz^�IWZI<HHt<J H �' 30 > MM ZCX> rnm MJ dZSHm OnHHHt• MnC 0 x MHO fNb mtd OWV,3 M Wt mclam MNWW>MMM [9 M C H m Wr'MH OvH nmz m CCrm MW <1 C th OH m M H2:0 znon HOH Hy r 3 x0 M ,d mmz >y gg HHr O '0 w Z H Hmm w m xCr 90 Zzw 7' O I O H n x n Z H m 13, O M ro m m HMm zm w Y MW v M v • r x y w m � m C I I '•d 9 0 Ic o m I RJ H J x I ,W> 0000 0000000000000000000 000000 0000000 idz M .. 0000 0000000000000000000 00000000 0000000 itO9Y H 0000 0000000000000000000 00000000 0000000 Iyr O 0 I I N i x IZ X n v IC 4m 13 v� m za I [') F+ O O 00 O O 000000. . . . 000000 o O .00000. 000 0000 M Ort 0000 0000000000000000000 00000000 0000000 id 0000 0000000000000000000 00000000 0000000 m N t>> OC z 0 u P- UH 4. m HX 3H ZH xN O w7 'd om roro a 0000 0000000000000000000 00000000 0000000 :000 x 0000 0000000000000000000 00000000 0000000 imH 0000 0000000000000000000 00000000 0000000 MM I mO 4 C vo r Izn IOH w I I H ✓�' IzH I b N Iro o Ixro ' 0000 0000000000000000000 00...... 0000000 i00 in 0000 00000000 0 00000 00000 000 OooOO Ooo00 0o I m H 0000 00 00 0000 0000 0000000 000000 00 000 0000 I W mo O 1 mM ,>X ry vH Izz I n H 0000 0000000000000000000 00000000 0000000 imp 0000 0000000000000000000 00000000 0000000 � 0000 0000000000000000000 00000000 0000000 OH rH tnk ro N In 00 0000 0000000000000000000 00000000 0000000 IH x1M c0 00 Jr • C N� J b7 H ro> am MW x H 'm H H13J O oo� y yyW r rr > >0130 O o m>Y 4 N xmzm Y >WwZ n OHWH O OH7] 0 Zzoz O C) x > In +oH rz >z 0 MONG] C Kw3m ro ro tzJ 10 w 0 O m N .Oro o C O N O It H to in H��n •nwwwwwww O�� OOIW WONWNNN -'O H10� HOlOWOO -•VIN �OUI y�o y00000000 otno r r nbrn OCHfn',drCORfHH[•JO 9'm,bY HO�C[•J L=JOHOttl'A XH romzro x�xmroc�nxmr2rox HLaOH [•1z t+1 [n ,b 9'?J h1H [•J H[q hJ HH H 'A U1W nHrrro ZH yV C>"O Q l3 t, lAWfNH ZHomoz w 00 O 4 Q13 1 �0 >0 MO�z CxJ C CZHHZ H-ICi ( NC H H Hvno>omC I %H rad r ozMZHM9 z Mon >M b Mtl 3Z` Z H HU im K> K mmtIx.3 CXXY � rnw x MV<mmw IO H>> ro W x oz H a N row HMM Mz WC HNNN Fa— � HHmJ H•P N 1 r 0-0o Oo m OO-� HJNO I3J W OHw I ��00 'y0 UI •y'y OWOO C manow dHN> oonHHHO on > 1 ro0 am OIeC MzMz OHOWWx aH SO Z ro Z ro 7Og 00 WMZ9'�.>Z 'd bl O O lomlo"Id fn[ WP-1 QMl3zzzM H N M rxCnr OWO> WHWWWO H Y H H•b13MH zoz ZNNN •b I mwroGw ryror0 O"M,Ozw. 000 0 r. Cmro W;dwn 4 gbnHoo> c n roCro mFam J RHOCCZ HS O ldldH WXZ> om HHn r o' CM'i o"mn H 'yO K HtlM HzHr Mz >13H z K<M y mtW M >Mc cc moon e M z O wrmK Wa Hnac W C C r ro OM n C v CH+7 �C7I M Go ] ro o W W 0 pw =m Cy > O n xc z X t=J z Ora 2 m A H roOZ H C HroO I � I [q Rf Ic o I H xJ I (n I M H I (J x IW > I mn \cn N oro oy u o Y �C w .O SIC NV] y W-1 wg 'd 0 000 000 0000000000o0 0000 00 000000 o :ac W O o00 000 .00000 00 o OOOO Ooo 0 0o O0000O o l y r O O 1 m z x I x In ro C 4 (D 3 y x za 1 (s) F+ M O1 0 000 000 000000000000 0000 00 000000 0 I[�J G . ... IO •n 0 000 000 000000000000 0000 00 000000 o N O 000 000 00000 00 00000 0000 00 000000 O I N oG zn zo G NN OH R I (D H3 HH zHW. o xn ro Om C :00 0o c 0 000 000 000000000000 0000 00 000000 o Om x . ... IMH 0 000 000 000000000000 0000 00 000000 o Imm 0 000 000 000000000000 0000 00 000000 o Iwo cl C 1�� r IZn IOH w I H K Izy I CJ N I� O 00 oo v 0 000 000 000000000000 0000 00 000000 o InUI • I[•JH O o 00 000 00000 0o O0000 0000 00 000000 o Lam 0 000 00 0 000000 000000 000 0 00 00000 0 o I w o I wt-i I I r I y H Izz 1 0H I cn z 0 000 000 000000000000 0000 00 000000 o I O O 000 000 0000000 0 0000 0000 Oo 00 0000 o I n O 000 OO O 00000 O 000000 000 O 00 000000 O I G] H rH vIK ro N I n OO 0 000 000 000000000000 0000 00 000000 o I Cn 00 Om J r • C J trJ H 1 MM n x H Nfn 0 0 000 0 000 0 00 0000 0 00000 0 000 0 0 00 0 000000 o o I I a zz ' WWWWWWWWWW WWWWW W011)riO.PW WNNN� -`000 X00 W - �N- 'IfIN�NO V1�A� OOOOOOOpO00lT10 UI� unoc�zma w m momH riz -I-I H oroyaxmn m Z Cxro7X7 C' dmmrcroH m U�r'i1 O mm0 �] H Kr zO > m x mmw ro H ZX x Z Hro z N M mommn Omvv,m am, IM ninon UI H HfN 7Hxc nomHn HZror> HC IIdO NUl Om me m rn �O NW WN(ItJ 00 00 61000 00 000000 000000 000 0000000000 OO 000 0000 00000000000 H NNNNNNNNN O N-+— X00000 HWJJOIW N�-+O �OUI- `00000 r mcm 100OXOM o roxooz�WOOHma roHUm%ZMroolm+ro HCIO7y HHH�MH W mICd rf QWWJOC�W i jW NAP yyWJJJJ m-•rn 00'�aN� oaJw yyo "oo 00'-` 'y'y oW000 � rr OWOM MOn13HH00 zIJNZJ 3 OMZ>>>MM xla" %mHZzzWn m'AO OWHMMN• 'a H�htn Ix 6]M[M'JLN ^9 x1 M OHM,'il'p,WJ O" z as 13 U>On OOZ9 O roH MZHOCCWZ M roo COM HHMn M nz MHWO MH H e+z >H3 ',Oz 0 tMM 00 r000OO C Honaa H O Mtn �00Hm I tan 13M roz�M M m H C w O H MC W 6 x O r 'T1 Hro0 N W' OW W JWIJI J JWJ (P 000 VIN1000001 000 0000000 000 0000000 O ----- HA.p .n,paaa an a,n .n,p �ac.n wwww ,p N ' OwJrnIfIW WWWWWWN- •OOOONWOJm 01 O HlO OJJN' y000010m0 JP WOOONiPN OIJI iPWN W ,P 'b '0000 OOOOUIOOO1N000000 0000 00 ' r Ll Q>o OWnO 0 n0 nbWH0M d to 3 ro Z 0 H W yd to Z O E O M M YmHMCYb HoWoug90HWa H'WM ZCMMMY>y M O HtMM'"Zro Mn My �y XXWOWWOZVI HroE Mlny xO > HHznC �H '. OMHMZ LH+JfAIH-IL=MM(.)n'Zm&)ZUHZW zmo > Yto MH y nH H mnAu'd Y MXH'd M $ u n M Z n W13 R°UJtn Mtl HHn fN >Z WH X MttDMO MHH 13b HyIC'6x HOB MO H OOCIO 0 WozaWtInoz H >nnH ;tJ as HC N C Cz M>Hm HzM yC7 Q13>wZU CCJ H t,m4roH n nt WZHW( a ZMHWOHH nC H YMmx• y MOHHCHz m7, W-timWazz MM 7d ,<MZMro IC MMHWM >Ww O HM ICHH mt, y >19ZO m HO f MxW>HMM H CNn f lv H M C W13 x W< x M OHOw M O H 10 CH M 0 OzzM Oro z [3+1 Y z z NO W mzC bIZ-J H G M Z x Z((]O 4]b to O Y 'd n [Mn H H z MC x OW W W Js 00 00 00 00 00 000000000000 OO OO 00 000000 0000000000000000000000 00000O .000000000000000000000 000 0000000 .00000 0000000000000000000000 Ooo O000000 000000 000000.0000000000000000 000 0000000 000000 0000000000000000000000 N J � ` oa ,p 00o u+m 00006l O 00 OWO 00 OW 000 1OW0000W m m W 00000. J0000000000000000ln000c 00 00 00 00000000 00 000000 OWOO 00 000000 -O 00 00000000 00000 -'0000 a W l0 1p � �J J pl N N 000 U1000000 0000 00 �OOOOOOUI00 0000000'000 0 00o O 01000001 00000. 0000 00 OOOO OOOOOOOWO000 000 O �O OOOiO 0000 00 W0000000 00 0000 OOOWOO 00 OJ OtlO� A LD N'VI UI .p WOIJ O � W W N 000 O�100001f1 000000 NOOOOOOtfl000000000'0000 O O O OWO OOOW 000 O O O 10000000000 00 O O O O O WOO 00 000 061000001 O O 0000 JO 00000000 0 0 0 0 0 0 OWO O 00 I l4 rnln m ,p � 000 N0000001 000000 O � p 00 00000 OOOWO 0000 0100000 I I I 1 I I I I I I I I I I I I I I I I I I I 1 I I I I 1 I I I 1 I I 1 I I I I I I I I I I I i i I I [9 IC I H I (n 1 M I 0 ICz aZ I eJz C) IHC 1 z W 13 I IM 1 � IM I (J I I Z() I d H I IZy roo xro ON mOg WO zO IOH I Hlfi IzH I b Iro 00 IMH mM I MU I W I how 1 r Iy H In H zz IMz 1 I H Mmn M N \H oNz M.y Ov z] v3 n H W n••tn 'Nfn pWz x C 0 0 O x M ro M O d N M ro z 0. N ort G . Iy 2 G to N P HN x� roG a x 4 C r w N H lPK 00 .ro nJ 00 JC N'$ JM ro> OM H x �W H HH ain,A.p a,c,p,p,p,p ,p,pwwwwwwwwwwwwww O OOJQ1lPWWWWwWw�OWO1VLp WWNNN��000 H HHOOOIp IOWJJW000.POO�N�lI1N�NOlJLp �p > ��OOO lP0001.p00000000000000(JIO -+O to 0 z m H H z° HNNNNN Ham-• ip H N [-I 'y HJJWNO OJ W H w yO Y UI -'000 �r00 N > ,p 1 RIN r r r Toro 0 O W W'10'OnOm Id >Hrox 3 m i Ooz 'GdOZHX zry',�tl - J'11GC 1nomz,aH10 y y A mommm z J H r 7JHGnr 00?JO 0 Y 1 Hm'y HH[iH Z>UZH O U r [•J G C Z [iJ [•J > ,-3 m>$ m H W mro naJmm rhlrorro hJ H �H C GfN VJM m ZWO H H m Hro Gro f+1 KJH trJC H m Ig wroroh7r mrxroH xOwxzm O z H of m HH�tj HZZ�H[tiI :ac 'ro W 3 AZHw nmHnz m H x WJ m mH[�J MM>MH H ^d dm m rmm x O G r b o m z 0 0 H z I � 1 � n a t•J I � C, (D 1 C I I N I C 0 O W I H 'F1 0 A H J I b u x J M lTl 000 00 000000 00 0000 O 00000°000° 000 000 O Oz m O 000 O O 000000 00 00000000000°000 O . O 000000 000000000000 O 000 00000 000 000 000 ° :ac H O 00000 000 o IHr O d n a I G C, (D w za 0 0000000000000000000000000000 I m y. 000000 0 0000000000000000000000000000 0 00000°0000000000000000000000 000000 ... 000 Id � 000000 000 ° O I I � N oG yn NPR bH IH3 HH I zH xF• J d 0 ro 0m om in .00000000000 °000000000000000 000 G . .. 000000 000 o Inm x 0 000000000000000000°000000000 io 0000000000000000000000000000 000000 000 ° 1VJH 000000 Oo0 IMM o OO 4 YY r zn IdH w W I HIC IzH p J N p h O cn .000000000000 00 100 , v1 .... .............. 0 . 000000 000 o Inm 0000000000°00000000000000000 0 0°00000000000000000000000000 000000 ,(vJy 000 ° Iwn 000000 000 o ,mu I I M Y$ .O1 I r r ° zzW 0 00000000000000°0°0°00000°0°° I n H .00000 000 o inQ 0 0000000000000000000000000000 I 0 0000000000000000000000000000 000000 000 ° I 000000 000 O I n m H rH N 00000 00000 0000000 0000 00 00000 y OO ro I 000 000 000 0 'ro I Cn I OO I Jr I C J[d H ro N mm cJ x H u+m r m Mon I C\m H I Ch N o I roro y \H OOm r G] I z > z ��H mgr z o rwN H 0 > .. y 1 oin h] ro y Wx b] I o x � C d I VI I W 1 ro I o H 2 H m 1 O 1 I 1 'p IC O 0 I H xf i N [f J lm J z a hJ u Iz tq O M> H H o 13t, 13 t, o d �z z C) ro Q 4D 3 mp za Iro oM •O d n I (p O I N �G mm zn v - dH a (p H Hr N 1z0 H x�- O m 'o 0 Om I0 C 0 loo 0 c U n13 x MH o O M � 1 m (y 4 mm r zn OH w I A 1 z H W 1 0 N fro O I0 100 u n 1 n cn H o to t9 M 0 1md 1 QN I mi W Irm O1 I > H m1zz 1nH w I t9 Z O I G] O I n 0 1 �K iH 00 m .ro ,-i N I 00 L- W H O rom ax H x y m rn WWW HNNN iC HHIP H•�PWWWWWWWw HNNN HHIP iP HW� N'O O J j0 m 00- OWWOJ VIW NN-'00 O-'�O 01 NOUI W HHIO HID IOWO -'U1N 0111P OOw m ooV oleo �In -•o ID t�+t�+J yy y o y ln000000vl oln yuJi�o p N r w •• .. .. r o rr rn r o O ;vX HO CO[091'�iC� Z>W> HOH> >M0l300WXl39 COQ'OWH GOCOC OMO Mvrox roOZZroy OVW10 X>X 00xV2roHx roOZHroO rxMxr Cox H Hmm ro zzO xHmH ZMM >>mHHmom dumzroc 13 NMNH 3m,3 �'H?3 r >alr MHHH xlm CD rrxlYZzwA u r A qH w H$OOZH awa vn HH mat HRH Hor t, nH13Z -W>HHH mz w MIO mm zr r M>IN ZHnmz mm mCrzmz CMHMC HHHH G)hm mro t0 mn H '�] mY oz,,3O3 0fA m W'd OMH NmromU� HfNH w10 rQH Z rQ;OQ CMH HCg q, Iq ryz rdw r mCHCm KroK off Hrol"D H H H HMO nmG ZMH Hro 'd HOHxd Own mom mroa x rorxr n M Mrz Momn mroro ro mnznm mom Omw Wl m 7 Y9'MY MIHZ H 014mm mldt Y Ohl• m0 wom CMM Hz r MKmK M>W romn Cmlm HH > Mtn mm HmH n ai tm NH X b XM CX> ow mz x C 3 C mv,m 7H R° (A MOH W-3 � MH MWmr m ZMZ HZm n HZo nomn o r s r H OWMnO O x xtmm Hz Vx royyyxVmyyyyJx Z WWZ� Hr0 ZmM Hr Lam] 0 242 x G]2 r mAM fn O Hm M M HMroMH M DC OC M C 000 0000 000 0000 Oo0 00 o O O O O O 00 O 00 O O 00 O O O O O O O O +/V 00o Oo......... O000 000 00000000000 0000 000 00000000000 0000 00o Oo 0..... 0000 000 00000000000 0000 00 O O 0000 O O O O 00 0000 NO O N 000 00000 NO OO 00 V100 1n000000001ft0 0000 000 00000000000 0000 J J UI N N N p N . . . ......... NO 0000 000 000 00 000 000 0000 00 O 00000 00 0000 00 00 J J (P N N N p N NOO NOO 00 OOOONO 000 00000000000 000 00000000000 I I I 1 IDOO ID OIDOOOOOOI�Do 1 1 I I I I I 1 I 1 I I I I I 1 I I I I I I I 1 I 1 I I I 1 1 I I I I I I 1 mill I �r 000 00 00o Oo N N N O O O 000 O O O O O O 00 O O 00 O 00 0000 000 00 0000 000 00 0000 000 00 o-arri 000 000 I I I 1 I I I I I 1 1 I I I I 1 I I I I I 1 I I I I I I I I Em iP I N 1 o j I I ro H xro i H O r [h I f Z I y H I x I � O 1 G m I hCJ i W r I O O I ro I I Z H I 1 ai M 0 IC O I H xf M m H Id x OZ m 0z M M> x MD H Hr O O m M Z 10 C C, (D yp I '•V -0 m I O • •ry I N� YY �a Ti n U P- O H P I (p H 3 H H I Z-3 x Y O 77 7 ro Om 00 G 1 00 O Ins x ImH w0 4 arm zn IOH w I � HK zH U N I�ro 00 N I lD m I U1O I I m Y3 I [11Y I 'fi H zz nH Imz I C] n I O H rH Iro NK y o0 MM Cn 00 Jr • C JM H mm O x H r y C\m [i N rOro \H ONZ '•l O y O to (Zj ii H v�r W .. m wrKi� D+3 Hen to in HamWwwwwwww HN ,p HHln ul H�a �nawwwwwww .n ,n I O-•� OW W(D CO CD OI OIN NO O� Ot 00-- OWWOOJ m CO CO Cd C)l to Ol N N HIO N-+ HIO IONWN�001n 1J1 HJ W HHION HBO IDO VI�WN�00 W O 1 r tdmn o y�oo yin00000000o yin ip yy�o �cn00000000o io I C\m t" Li r N r r I h o'd I \H Ho O>WL > OmHmo$h]Hz ZL rOMO mmmw WO>WO 0113'01n,Z Q:Em Hrow O �oy ,' UH ymay HHyt9yyr d ro ro l-RXH COC �ymCy HHyt•J [�l LdyyrzC�iH�I y yx mHZ xyxzmH Ca m clxrox �D 'd OroH HdAHd X>XId :E lWHMMaMH ro I [md �H wz HHrOUH 'AtHs][mn¢J WH7GJCy'Sd'ZW t d xHHl7H 7WJ[H<WHyi',dM Z13z�wx H xy H HmHN NymHy 7 h dy R 3 y�r t�H rmz r mmfh HzzO m mcm r zr mmRo Hzam ro I HW ',dH I'+1m iiy OOOOf M mrom0 O '*1Q my fN :inomn Z I t..m OY czf CO Ctr•JHH Mh i ',d 'd m moo O ;Lrr t�Jgzm O 1 —K Cz H H HmO Wnaw HH H H H,A -3 IHmn> f nHH A Jw0 HO r'.dH r O h] Iiz00 IM z i01: JZHr . ' O ml, � b]y th o. polm H y t•J Hz HItm y Mzz off Ky K wc olonmw Oromr z 10 X g y mc; A< m dhClH VmI fN C o fN x(M/1 dbJ fN H i x WrHH [iC m mr rJ dm [9 y mzzx z H H [h w H z H m Cy+',yd y�,I % eon z m tin 7.0 0 j o H m Min N til Qtm 'd I c M H I I I z I m .q C O I H d m I [h H to x I of 0 0000 00000000000 Oo 0000 00000000000 :az 10 uz 0 0000 000 00000000 00 0000 0000000 00 0o i m C ',d 0 0000 00000000000 00 0000 00000000000 I [dy H Hr o d z x z x 0 10 D C zl: I za I 0 0000 00000000000 00 000O 00000000000 iM �� 0 0000 0 0 0 00 00 0 0 0 0 00 0 000 0 00 00 0 00000 CJ Fi 0 0000 00000000000 00 0000 00000000000 i � N I>> Oi I z o u r I C7H ¢ (p HF3 HH zH Wo Op d N N W O p N n 00 G 0 0000 00000000000 00 0000 00000000000 G] low . I bJH x 0 0000 OooO 0000000 Oo 0000 00000000000 I mtn 0 000 O 000 00 00 00 00 00 0 0 00 000 000000 0o I w o Cy x :>> r zn 01-3 W I HK IzH ro 0 N A N N O rn I 'b 0 0 0000 000........ o0 0000 .......... 100 in Inm 0 0000 00000000000 00 0000 00000000000 Imm 0 0000 00000000000 00 000O o000000000o Iwo I I 1 trJ gLi tt,b IyH rP N N Z.Z (11 In I (] H 0 0000 00000000000 00 0000 00000000000 i�Q 0 0000 00000000000 00 0000 00000000000 0 0000 00000000000 00 0000 00000000000 rH l0 lO �p I Id N t0 l0 tp H 00 0 0000 �p OlO0oo0o0olp 00 0000 00000000000 0'1i C I I I 00 am 1 I I err I I I J pJ I I I H I I I Ili y I I • _ t-i W H H H Nm WNN� O��DI O��WOJ CO VINNOO�OI HHJ ooA HNUI 0--+ HAP iA iPWWWWWWW Ja HHC UiJJW HID IOW �OVIN tT daJW 3,3- � HID -` QWWONWWWNNO m Hlo toO UIWN�OI➢In W oom [ I OIJ� -+� ��OUIO OOOOOLf1 UI� b'yN 'y �O .2'1P000000000 lD b•Jv 1p C[-IN x"aw X OmJ �bCmOmColdmbm� JW>H>rmHOXHOJ �0I30 nbrn Ow,3 Jow �]£m['Omoa wow h70 ZH t m z b m m>0 x m b H oJ� OHZH I-3xbC bmbb 'd m Zed HI-37mmbbCmHXHO xbX d:£W13m( M dx 4H IOHID HxH M m Omx JmoH OM Hm Ot7J xmzm HMUH mHmbm mnbmmmx xmx HmbR+ n'-3 m H�t-I'N b'A'.d nHZmn "w m HH H bm xmmH71 h1H C',d'p'b '.tl CC m m HZOm mCm romm b C C 7.1 wwl xl H fA HZ C) m Ro fN N 10 f v m Id M,3 Zm b HO C n00 fN tz H3 10H CHWH mb f noof ma OHn bCCH 'WZ m Hg h7 m C;L zz z HbOb 00 o cz C ztlr CmHg H$ zz mzm x1H'dZ Omrom b m C",d OC ZMH'b CZCZ H H Hmnb HgKi CH OC^A HC ZbZ HZ.3 mmCO m H mz Ommr H mmm moHn WH H CSd C bm b O mH mzoom woz N Hz mm b bn mI m mZH2 km IC mHzz mbmH HKm.'d �dnmmm bHb Czr m m•' m m mb X bC Cb m0 m H000 b Xm' Cbm H 0 H b C m xH mH r H.4 U C H I<azC C m fN m wHmfAH 0 "d m HO 0m m mmm w O m rH H HOonK m b O b xm bz Id x ',d mZZx m M C' mHm m H z 2 0 C H Hmrz m m H m x t0•] m 0 MN O m m m mm g < a C 2 m 0 y ... 000000000000 000 ... .... 00000 000 000000000000 000 000 00000000000 Ooo 000000000000 000 000 00000000000 ... 000000000000 000 000 00000000000 000 000000000000 000 000 00000000000 000 000000000000 000 000 00000000000 000 000000000000 000 Ooo 00000000000 000 000000000000 000 000 00000000000 00 O 00000 00 00000 00 O 00 O 0000000 0000 N 0 Inoo No N 0 NOO 1 1� W 000000000000 000 000 00000000000 000000000000 000 000 00000000000 000000000000 000 000 00000000000 ............ 000 000 00000000000 00 O p O OO 0000 O OO O 00 O 00 O 000 O 00 00 000000000000 000 000 00000000000 000000000000 000 000 00000000000 NO N 00 O o 00 a m 00 00 00 .o Ol 00 00 00 I l0 loo I I I I I i I m H I H O i C I M I .� I O m I H �x m I C C I W m I C I O I i I I Ix �c o I H I m m H tJ x mb m az oz m m I G1 C 7J mb H HC O d y Iz x In ro I C c. N za N �. Z o� tj 0 fry N I N 19b �G I tin U1F'- tH a I IMF HH Z J '0 om 0M 1W,o c 100 00 1 O m x 1mH m m Imo 4 bb z0 I (7 H W 1 � IzH ro 0 N f o 0 by 00 IOw wuI m CJ 1 I WN ib$ Cb IbH zz I n H mz c C) 1 H Id N H 'o c 00 o ci N J ro� zx mm H x Wm mn \m O h] \H Ob mn b �C w .. m Wm .y Om mS ww 00 HN ,A OO 61 H�WWWWWN�C OWmW- •OOOOI HJUtiAWWWWWWWWWwNNNP ON�WmmmmmQl plN HrP wwwwa �� oin HW W qo �o HIOW �OUI�WW gvlo oyn m HIO IO IONiPWN�00�ONJJ0IW OrnwmmUlNbl HOIOW�ONW 1 oln oio go�vlo 00000000 oin -.o �o gotn0000io mq0 XHH WdWH CxUaz �WOrHmgroa JHgoz Xh3?0J z l3q w w'W O:CM HC-IH ro MIA a xz WtIm mtildw roHx roHIdo o>WOgroHHO m^ w- 3mmggrZOmxXOmqo HgvJq$h9 to Hm mG1r0h70ZHH JOHMOJ mom zxx roZroC tHtM JIH m >HmozJ ZoHmC mnCgm.3MOMZ Hggmmawm xZH h ngHx HZ HHHH n t+Z'OtldH HHZHO WWI-3W?OW C'> w m 'W q 70> Wt dmW z,3W Lnm Hrq mm mZm�a mm HZ mZm H[+] m HZZOH xnHm>- C CC H fN x n(Zo mkm 'd mOCnH zb :U G)WIG L]z nxroq nnozHe+ at R'm m q HZm no m q (N t" Ht" ',dm > H CR+RJmw',d d OC HOZM mHmC roO U HQt, H H 7OMH omn qw o zm q zC N H M UrCQ" R=nh WHrooz HydM Z>W H H n z mmm ro ro x q n 1 H rmomror phdf/ w I QHz mH o momroza mz m m m I m H w nq man I Hn Haw> w Hm' mtl /� Orom7.lm HH O H H ZW> O Id m0 Z IN OX Xnmozo O>x ZCt+ w Mz .. X Z C , HHx� LHd ro trongHxLHni nm WmcOHH mn oon d q o Zn0000 o Hxmo y q q Zxx x Z tnH2x Z z W>WZ ro q H ld O q m mHr 3' ?7 q 0 77 HZx r q x H x m H n m z m ro x m m c to z n < mx mC z C y O r z H W 00 00 00 00 0o ao S�Z] 00000000 00000000000000000 0000000 00000000 00000000000000000 0000000 00 O O 000 O 00 0000000 00 0000 00 . . . . 000 00000000 00000000000000000 0000000 00000000 00000000000000000 0000000 00000000 00000000000000000 0000000 00000000 00000000000000000 0000000 N 00000000 00000000000000000 con000000 00000000 00000000000000000 0000000 00000000 00000000000000000 0000000 00000000 00000000000000000 00000000 00000000000000000 00000000 00000000000000000 00000000 00000000000000000 N O tn000000 l0 i0000000 I I 1 I I I I ro I H O 1 r M 1 Lai � o H i x I d I c M 1 C I w m I r 1 p b I m 1 I 1 I I ,ro C O I m 1m H to x I m Wq oz m icy � Hr O U I � I [n m o Iz X .n ro 1 C 4(D 13 q� Im za I m Y 1 rRi OIY I b h I (p I N qq CG z n U P- 0 H (D I H'yY H H ZH =P b hJ 'd Om Ixro c 0o n nN x IoH WO 4 C qq r Zn IdH w I I Z FC ztj d I N ro o ZV 00 00 n nm mH mm I m d I wM 1q$ 1 t+q qH Izz n H Imz I I n I [ H n Oo N n I H < 00 o C J Lb H qq c� x mm H x �w mn �m om \H oq vin H q �r w .. W W U1 .. y Om d+3 HWi HH�"n Wwwww m Oom OOmmwmw�oo � HNC HHOOIDW�ON� [�=J mX� OOHOOH>OZXHHO m xmx YmzZ,3m>Hm 0m m bz rNwmm "Zz w r Z Z T:W mw HzH = M, O Uf u ON y ;00I Km oldn m mxm HIFCiNNM Cfkro ,< z zOz zozzm tm"mo[m'7n H HmH OmHHH tlmmm ro wmm� Hwmm> mcm m o eHr z�l x b m H xnmo N 0 UzOn -9x11, OHwNx 13 H drC H71K mCr > w low r r H am,0 mm Hm m M HCH m m z mC H HN a HH�WWWWW Oo m OOwmw� HW HHiD W-•ON� r ° N r r NOO NON mromr HOmnrHm>o awao %HH,? OZXHH roz'tl,b aWHw>Hmom HOHrr MZN rz5tl aw H H H H 0<N <�IdN< HM M ZMH Id z Id C) t-lmomo •'V G] army mcm, M n x�x �>� d m No znomn N H tl Y 0�7HI Y'" y [1 'A C Ha Hr '.0 3' m >m H m t0�] m 1 Hm Hm m z z mC H 0o Oo00000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 00 0000000000 00 HN i HH�Www I 00 m OOWmW- m HW .P HHlOW�O w BYO O 'y'y NOON 1p r rr m mromH HOmnr HOH zaz 'OHrod tlxYm��xd za Cro" H C%' M UCi',tl LH=J [�" z x ICn H H H H H H MGM Hzm7HJ MGM" H [a HN]> Q [a] H a� r rcm c>,�cr Hm m H ro ro ron rmnro z x x x xn x H h ro R U M >n Zoo 0 O 8W mC;vE FI 5'O b Km HmK W H m Hm o mn z 00000000 00 00000000 00 000 00 000 O O 00000000 00 00000000 00 O O 000 O O O O O 00000000 00 00000000 00 00000000 00 00000000 00 00000000 00 00000000 00 00000000 00 00000000 00 00000000 00 ml III DO I 000000 000000 000000 O r C I m I A° � I H x I � C I W y I I o J I I I 3 I m m IC O m Im H I (J x mz Cz b loz m GJ C my H I -3r O d I � n � � 4N W za po o ~ ( Fj I (p I N YY �G zn NH 1 019 CL H 3 H H I ZH x1- c 0p -9'd G� 00 n om x M-3 m m 1 m d 4 C 0 z z r I U-3 W 1 I HK ZH C N h o I 0 by 00 N Ow m H Imm Wm ImO I I x I r 1zz 1nH Imz I W I n 1 nH ]mn ' \m !O hJ \H NZ ioy Nn H �t1 W •• m Wm mg .n 00 0000000000 00 00000000 ' 'H 00 'V'� Oo 000000 Cn 00 Jr • C N3 JtrJ H > ox CCC� m x H x H Nm ]mn ' \m !O hJ \H NZ ioy Nn H �t1 W •• m Wm mg H Ham '3Pi HJW� H---- ---I O Oom Omm Omm O1om O worn OVIW NNOOOm H HOa Hopp HO,P HJtn iA CBOO �o� �owo ytnoo y�0000 ,b 00000000 n OmO xrx xrx mHMW Z> ,3zz W:E "JroNCmW ro 3"X X>X k'y3 H>IdH mwzx dm O1dw Hm<nao HMH H � [a Z7JZ N[9 m m OWWO OHOWHO <Nzn,zx,O C ! ro H O � CC HvoH "1 H ZM Z Z R>Z rWz>>20zn M1 0 $Wx CnC Cac hn HO t ggH-I loom [m 90d < m 'Aa z royro royro OcMO C>"Z C]Y> [XO OOro �'9: fxd 000 OHO MH[m•J dHNo roM ZZro Hro HHK'HOH H own zWz bOy 30n3 0> M-0 roz HH Nwu HUSH H H Z Wz 'd t, N ro zw mm m,'V O H ro ro M m 7 ro H y m W o c ac m 0 m O 'd Z HHOH y MY c ,ro HI-3 4 r > O O 0 � OZ>O 100 CIO oz 00 n O O O Zror2 , H, Ho ZZ y n Nay m 0 no en 3 hJ 40H 3 WX Hro N HC "JC Or M� 13 x N 0 O 00 00 000 00 000 000 O 0000 0 00 00 00 000 00000 00000000 0 00 00 00 000 00000 00000000 0 00 00 00 000 00000 00000000 0 00 00 00 000 00000 00000000 0 00 00 00 000 00000 000000. 0 00 00 00 000 00000 00000000 w N 00 m 0 00 00 w Oo N 00 NN O O J J p p 00 mm 000 moomo 00 �.p 0p0 moomo 00 mm 000 JOO JO m 0 00 00 • 00 00 W 00 00 I J W W 00 I I I 1 I I [T] O O NN J J mm mm I I to � � LD ILA I 1 I I I I I I I I I I I I I I I QS] 0 0 O O mOOmO m OOmO JooJo I lDO O�DO I I I I I I I I I I I I I 1 I I I I 00 O 0000 O 00 O O O O 00 00000000 c I � trJ I i H H x I O 1 C [•J I C I w Ch I r I o o I ro I I 2 I I I � [i] C 0 I O I Cn M H Id x m> m CZ oz m Gl C d H 13y H r O O I N I ls1 �-oi I Z k n ro I C 4fD 3 Z7 m Z0 I bJ V j O 0 G O 11 I (D I N >> Oi zn n OH o N ZH Pal- ro ON O 00 I 00 c o o Ind IT x I [h H W O I fn O 4 C zo r 0 n O I H w I � 2-3 R o I 00 0 0 u 1 n rn mH nb I I x1 y�j ry zz off I I 1 n I � H InK H W'I I 00 Jr N Jm H rov Ox M H x rn rn mn o� \H oy Ll �r w .. O WW .y Om mx 00 00 000 00 000 000 O 0000 in o0 O o 0 00 00 000 00000 00000000 .0 00 000 00 000 000 00000 m 0 00 00 w Oo N 00 NN O O J J p p 00 mm 000 moomo 00 �.p 0p0 moomo 00 mm 000 JOO JO m 0 00 00 • 00 00 W 00 00 I J W W 00 I I I 1 I I [T] O O NN J J mm mm I I to � � LD ILA I 1 I I I I I I I I I I I I I I I QS] 0 0 O O mOOmO m OOmO JooJo I lDO O�DO I I I I I I I I I I I I I 1 I I I I 00 O 0000 O 00 O O O O 00 00000000 c I � trJ I i H H x I O 1 C [•J I C I w Ch I r I o o I ro I I 2 I I I � [i] C 0 I O I Cn M H Id x m> m CZ oz m Gl C d H 13y H r O O I N I ls1 �-oi I Z k n ro I C 4fD 3 Z7 m Z0 I bJ V j O 0 G O 11 I (D I N >> Oi zn n OH o N ZH Pal- ro ON O 00 I 00 c o o Ind IT x I [h H W O I fn O 4 C zo r 0 n O I H w I � 2-3 R o I 00 0 0 u 1 n rn mH nb I I x1 y�j ry zz off I I 1 n I � H InK H W'I I 00 Jr N Jm H rov Ox M H x rn rn mn o� \H oy Ll �r w .. O WW .y Om mx r b I [h mC] I C \w H O roh7 H \H 2 3 yNy m v�r � o r m b O w� r .. y I M O O Ch i Hrng n x o I x d Q i m I w 'z o z 1 I z 1 H tiH ri d I I I IC O 1H z Iw I i�l H ry o Imr loz o° N I G]C xl O [� H O H tl O U m m z z x x C) z I C 4 (D 13 Y� Im za [d N. 1 �i OrT O mu �G I rJ ly O I N O I N �G Yb zn ��- U7 3 P I (p H'3 14 zH x p l' d xG ro om W Ixro c a oo I a N n n x N wm 0 1mO w 4 YY r Z() I 0,3 w I H F3 � IzH a 1 d N Iod O m Oro J 1 OO to o 1 M13 H _ mm w I wp w o I I m > 73 I r T' Izz Ol I (] H � I W H I No n 00 W I H I I O� I Jr 1 C I N3 I Jm (� H 'o q I H - x •- H Jm CH COLUMBIA HEIGHTS AGENDA SECTION ITEM NO. MEETING DATE 09/08/15 CITY OF COLUMBIA HEIGHTS — ECONOMIC DEVELOPMENT AUTHORITY F�M: Resolution Approving the Sale of Land and Purchase and Redevelopment Agreement Between the Columbia Heights Economic Development Authority and Buyer. DEPARTMENT: Community Development CITY MANAGER'S APPROVAL: BY /DATE: Loren Wickham, Assistant Director 8/31 BY /DATE: BACKGROUND: The EDA offered 4631 Pierce St. NE to Home Detail, Inc. for $20,000 at its last meeting. The offer was accepted, a $2,000 escrow deposit was made for closing costs and a purchase and redevelopment agreement was signed. The attached resolution must be approved to finalize the sale of the lot to Home Detail, Inc. STAFF RECOMMENDATION: Staff recommends adoption of resolution 2015 -15 Approving the Sale of Land and Purchase and Redevelopment Agreement Between the Columbia Heights Economic Development Authority and Buyer. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2015 -15, there being ample copies available to the public. Motion: Move to adopt Resolution 2015 -15, Resolution Approving the Sale of Land and Purchase and Redevelopment Agreement Between the Columbia Heights Economic Development Authority and Buyer ATTACHMENTS: Resolution 2015 -15, Purchase and Redevelopment Agreement, Proposed House Plan Approving Sale of 4631 Pierce St letter090815 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2015-15 RESOLUTION APPROVING THE SALE OF LAND AND PURCHASE AND REDEVELOPMENT AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND BUYER BE IT RESOLVED By the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority ( "Authority ") as follows: Section 1. Recitals. 1.01. The Authority has determined a need to exercise the powers of a housing and redevelopment authority, pursuant to Minnesota Statutes, Sections. 469.090 to 469.108 ( "EDA Act "). 1.02. The Authority and Home Detail, Inc. (the "Redeveloper ") have proposed to enter into a PURCHASE AND REDEVELOPMENT AGREEMENT (the "Contract "), setting forth the terms and conditions of sale and redevelopment of certain property owned by the Authority located at 4631 Pierce Street NE and described as LOT 4, BLK 1, PARKVIEW TERRACE to Columbia Heights, Anoka County, Minnesota (the "Redevelopment Property"). 1.03. Pursuant to the Contract, the Redeveloper will acquire the Redevelopment Property and construct an owner occupied single family house, subject to the City's zoning and building codes. 1.04. The Authority finds and deternvnes that conveyance of the Redevelopment Property to the Redeveloper has no relationship to the City's comprehensive plan, in that no amendment or modification of the comprehensive plan is required for the conveyance or redevelopment of the Property. Furthermore, the activities of the Authority under the Contract implement housing goals of the City's comprehensive plan: "Promote and preserve the single - family housing stock as the community's strongest asset." and "Provide a variety of life -cycle housing opportunities within the community." 1.05. The Board has reviewed the Contract and finds that the execution thereof and performance of the Authority's obligations thereunder are in the best interests of the City and its residents. Section 2. Authority Approval; Further Proceeding s. 2.01. The Contract in substantially the form presented to the Board, including the sale of the Redevelopment Property described therein, is hereby in all respects approved, with blanks to be filled in by Authority staff prior to execution by either party, subject to (i) modifications that do not alter the substance of the transaction and that are approved by the President and Executive Director, provided that execution of the documents by such officials shall be conclusive evidence of approval; and (ii) acceptance by the Redeveloper of the Authority's stated purchase price of $20,000 (the 466009J2 MNI CL205 -54 "Purchase Price ") within 15 days after the date of approval of this Resolution. 2.02. The President and Executive Director are hereby authorized to execute on behalf of the Authority the Contract and any documents referenced therein requiring execution by the Authority, and to carry out, on behalf of the Authority, its obligations thereunder. 2.03. Authority and City staff are authorized and directed to take all actions to finalize and implement the Contract; provided that if the Redeveloper does not accept the Purchase Price by August 18, 2015, the Contract shall be null and void. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 3rd day of August, 2015. President ATTEST: Secretary 466009v2 MNI CL205 -54 2 wlmuau ®ouu�xie tllO�NH'91f��1 VIJ '�NlldtltlO 9 N Z lVtlfll'J311MJiltl JNI '7I b'1�4 3WOi1 GO awoH Haig 3�N3QIS3a O3WVHOW uanirw gm �6 ^ 6 IHA m� m yx Irm Q�I W 5...1u a W Jil ® W LU Mon El Ton LU e m i s a d wNSIai ne 90iYi+L 9LR3 VQI 0� ONI '�IG134 KWON cvm 9NLLitltlp $ N'JIS3O ltltlfll'J3LXJtltl # 0 n'N°JIS3a 3WOH Hula 30N3aIS3J a3W'vHOW wavna �n � 6 A•.0 gX qp w C Al a F Q Z LL Y R. .Y .0-.9 A•. ,0-J .0-i0I I III i II ?'s t5j I , JIII* � C yy aI I Y e���l999 p p T I I I r�r i ? I I I I I i I I I •Y .t TICIR JLtlTi I .0'.6L I I I I I j l I I y1�6 1 I p I I I ? I I 9 i i VX I I I I I I gig 9NIl:Vtl°9 N9153°lYtlfllJ311H'Jtltl VIOG$WH WIA�YI�'A77 JI`1I '71b'134 3WON ° >_(l� 30N34193N O3WVHOW uanlne Q �� um .c ErSd@ t d d <W9 0. °If NAN$ 11 Pag LU r y! cl ;U1114,111-111! fill Nuwu � 4l41N41 RI-.9 M•.9 U 0 f C � d it ° u r� .an r. rr h d� e y, i hNLL3tltlO N91530 lVtllllJ311H'1tltl �9 s ONI " -1I b'13(:3 3WOH 'N')IS343WOH H7ulg 3�N34 $3b 43WChiOW ua i�rco aac Om S u9 O �F r 11741 N7Y N7.1 r W N ,9W UMG .9W U]W N U • d q 0 ■x 0 o i PURCHASE AND REDEVELOPMENT AGREEMENT 1. Parties. This Purchase Agreement is made as of September 8, 2015 between the COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY, a public body corporate and politic under the laws of Minnesota having its office located at 590 40TH Avenue NE, Columbia Heights, MN (the "Seller "), and Home Detail, Inc. (the "Buyer "). 2. Offer /Acceptance. Buyer offers to purchase and Seller agrees to sell real property legally described as follows (the "Property"): Parkview Terrace City of Columbia Heights Lot 4, Block 1 3. Price and Terms. The price for the Property is $20,000 which Buyer shall pay as follows: An escrow deposit of $2,000 by check, receipt of which is hereby acknowledged by Seller, is required to be provided no later than Friday, August 28, 2015. The balance of deposit will be applied toward the $20,000 lot price. The remaider of the lot price must be paid by certified check on the Date of Closing. The "Date of Closing" shall be September 28, 2015, or such other earlier or later date as the parties mutually agree. 4. Personal Property Included in Sale. There are no items of personal property or fixtures owned by Seller and currently located on the Property for purposes of this sale. 5. Deed. Upon performance by Buyer, Seller shall deliver a quit claim deed conveying title to the Property to Buyer, in substantially the form attached as Exhibit A (the "Deed "). 6. Real Estate Taxes and Special Assessments. The parties agree and understand that the Property is exempt from real estate taxes for taxes payable in the current year. Seller represents that there are no special assessments pending as of the date of this agreement. If a special assessment becomes pending after the date of this agreement and before the Date of Closing, Buyer may, as Buyer's option: A. Assume payment of the pending special assessment without adjustment to the purchase agreement price of the Property, or B. Require Seller to pay the pending special assessment and Buyer shall pay a commensurate increase in the purchase price of the Property, which increase shall be the same as the estimated amount of the assessment; or C. Declare this agreement null and void by notice to Seller, and earnest money shall be refunded to Buyer. 7. Closing Costs and Related Items. The Seller shall be responsible for the following costs: (a) recording fees and conservation fees for all instruments required to establish marketable title in Seller; (b) deed transfer taxes and conservation fees required to be paid in connection with the Deed be given by Seller. Buyer shall be responsible for the payment of the following costs: (d) recording fees required to be paid in connection with the Deed to be given by Seller; (e) the cost of the registered property abstract or updated abstract, or in the absence of an abstract, the cost of the premium for an owner's policy of title insurance, and (1) closing fee, if any, and costs to prepare all necessary closing documents. 8. Sewer and Water. Seller warrants that city sewer is available at the Property line, and that city water is available in the right of way adjacent to the Property. Seller makes no warranty regarding the conditions of any existing water stub from the main to the Property line. Seller advises Buyer to inspect the condition of the water stub. 9. Condition of Property. Buyer acknowledge that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." Buyer has the right, at its own expense to take soil samples for the purpose of determining if the soil is suitable for construction of the dwelling described in section 14 below. If the soil is determined to be unacceptable the Buyer may rescind this agreement by written notice to the Seller, in which case the agreement shall be null and void and all earnest money paid hereunder shall be refunded to the Buyer. Seller makes no warranties as to the condition of the Property. 10. Marketability of Title. As soon as reasonably practicable after the date of this Agreement, Seller shall furnish to Buyer a registered property abstract or an updated abstract of title to the Property, certified to date to include proper searches covering bankruptcies, state and federal judgment and liens. In the absence of an abstract of title, the Seller will provide a title commitment and title insurance. Buyer shall have fifteen 2 (15) business days after receipt of the abstract or title commitment to examine the same and to deliver written objections to title, if any, to Seller. Seller shall have the greater of (i) the number of days remaining until the Date of Closing or (ii) thirty (30) days to have such objections removed or satisfied. 11. Title Clearance and Remedies. If Seller shall fail to have title objections timely removed, the Buyer may, at its sole election: (a) terminate this Agreement without any liability on its part; in which event the earnest money shall be promptly refunded in exchange for a quit claim deed to the Property from Buyer; or (b) take title to the Property subject to such objections. If title is marketable, or is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of the following options, as permitted by law: A. Cancel this contract as provided by statute and retain all payments made hereunder as liquidated damages. The parties acknowledge their intention that any note given pursuant to this contract is a down payment note, and may be presented for payment notwithstanding cancellation; B. Seek specific performance within six months after such right of action arises, including costs and reasonable attorney's fees, as permitted by law. If title is marketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted by law: C. Seek damages from Seller including costs and reasonable attorney's fees; D. Seek specific performance within six months after such right of action arises 12. Well Disclosure. Seller certifies that Seller does not know of any wells on the Property. 13. Individual Sewage Treatment System Disclosure. Seller certifies that there is no individual sewage treatment system on or serving the Property. 14. Construction and Sale of Dwelling. Buyer agrees that it will construct a new single family dwelling on the Property, intended for sale to a person or persons for residential occupancy (an "Owner Occupant "). This covenant shall survive the delivery of the Deed. A. The single family dwelling described in this Section is referred to as the "Minimum Improvements." B. The Minimum Improvements shall consist of a house with approximately 1,500 square feet, 4 bedrooms, or greater. Construction plans must be approved by the 3 Community Development Department prior to commencement of construction. Construction of the Minimum Improvements must be substantially completed by August 21, 2016. Construction will be considered substantially complete when the final certificate of occupancy has been issued by the City of Columbia Heights building official. C. Promptly after substantial completion of the Minimum Improvements in accordance with those provisions of the Agreement relating solely to the obligations of the Buyer to construct such Minimum Improvements (including the date for completion thereof), the Seller will famish the Buyer with a Certificate of Completion for such improvements. Such certification by the Seller shall be (and it shall be so provided in the Deed and in the certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants in the Agreement and in the Deed with respect to the obligations of the Buyer and its successors and assigns, to construct the Minimum Improvements and the dates for completion thereof. The certificate provided for in this Section of this Agreement shall be in such form as will enable it to be recorded in the proper office for the recordation of deeds and other instruments pertaining to the Property. If the Seller shall refuse or fail to provide any certification in accordance with the provisions of this Section, the Seller shall, within thirty (30) days after written request by the Buyer, provide the Buyer with a written statement, indicating in adequate detail in what respects the Buyer has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement, or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Seller for the Buyer to take or perform in order to obtain such certification. D. The Buyer represents and agrees that until issuance of the Certificate of Completion for the Minimum Improvements: (1) Except for any sale to an Owner Occupant, the Buyer has not made or created and will not make or create or suffer to be made or created any total or partial sale, assignment, conveyance, or lease, or any trust or power, or transfer in any other mode or form of or with respect to this Agreement or the Property or any part thereof or any interest therein, or any contract or agreement to do any of the same, to any person or entity (collectively, a "Transfer "), without the prior written approval of the Seller's board of commissioners. The term "Transfer" does not include encumbrances made or granted by way of security for, and only for, the purpose of obtaining construction, interim or permanent financing necessary to enable the Buyer or any successor in interest to the Property, or any part thereof, to construct the Minimum Improvements or component thereof. 1J (2) If the Buyer seeks to effect a Transfer to any person or entity other than an Owner Occupant prior to issuance of the Certificate of Completion, the Seller shall be entitled to require as conditions to such Transfer that: (i) any proposed transferee shall have the qualifications and financial responsibility, in the reasonable judgment of the Seller, necessary and adequate to fulfill the obligations undertaken in this Agreement by the Buyer as to the portion of the Property to be transferred; and (ii) Any proposed transferee, by instrument in writing satisfactory to the Seller and in form recordable in the public land records of Anoka County, Minnesota, shall, for itself and its successors and assigns, and expressly for the benefit of the Seller, have expressly assumed all of the obligations of the Buyer under this Agreement as to the portion of the Property to be transferred and agreed to be subject to all the conditions and restrictions to which the Buyer is subject as to such portion; provided, however, that the fact that any transferee of, or any other successor in interest whatsoever to, the Property, or any part thereof, shall not, for whatever reason, have assumed such obligations or so agreed, and shall not (unless and only to the extent otherwise specifically provided in this Agreement or agreed to in writing by the Seller) deprive the Seller of any rights or remedies or controls with respect to the Property, the Minimum Improvements or any part thereof or the construction of the Minimum Improvements; it being the intent of the parties as expressed in this Agreement that (to the fullest extent permitted at law and in equity and excepting only in the manner and to the extent specifically provided otherwise in this Agreement) no transfer of, or change with respect to, ownership in the Property or any part thereof, or any interest therein, however consummated or occurring, and whether voluntary or involuntary, shall operate, legally, or practically, to deprive or limit the Seller of or with respect to any rights or remedies on controls provided in or resulting from this Agreement with respect to the Property that the Seller would have had, had there been no such transfer or change. In the absence of specific written agreement by the Seller to the contrary, no such transfer or approval by the Seller thereof shall be deemed to relieve the Buyer, or any other party bound in any way by this Agreement or otherwise with respect to the Property, from any of its obligations with respect thereto. (iii) Any and all instruments and other legal documents involved in effecting the transfer of any interest in this Agreement or the Property governed by this subsection E. shall be in a form reasonably satisfactory to the Seller. 5 (3) If the conditions described in paragraph (2) above are satisfied then the Transfer will be approved and the Buyer shall be released from its obligation under this Agreement, as to the portion of the Property that is transferred, assigned, or otherwise conveyed. The provisions of this paragraph (3) apply to all subsequent transferors. (4) Upon issuance of the Certificate of Completion, the Buyer may Transfer the Property and/or the Buyer's rights and obligations under this Agreement with respect to such Property without the prior written consent of the Seller [, except to the extent required under paragraph F of this Section]. E. The Buyer, and its successors and assigns, agree that they (a) will use the Minimum Improvements only as a single family dwelling, and in the case of an Owner Occupant, will occupy the Property as a residence, (b) will not rent the Property to any person or entity, (c) will not seek exemption from real estate taxes on the Property under State law, and (d) will not transfer or permit transfer of the Property to any entity whose ownership or operation of the Property would result in the Property being exempt from real estate taxes under State law (other than any portion thereof dedicated or conveyed to the City of Columbia Heights or Seller in accordance with this Agreement). The covenants in this paragraph run with the land, survive both delivery of the Deed and issuance of the Certificate of Completion for the Minimum Improvements, and shall remain in effect for ten years after the Date of Closing. 15. Revesting Title in Seller upon Happening of Event Subsequent to Conveyance to Buyer. In the event that subsequent to conveyance of the Property or any part thereof to the Buyer and prior to receipt by the Buyer of the Certificate of Completion for of the Minimum Improvements, the Buyer, subject to Unavoidable Delays (as hereafter defined), fails to carry out its obligations with respect to the construction of the Minimum Improvements (including the nature and the date for the completion thereof), or abandons or substantially suspends construction work, and any such failure, abandonment, or suspension shall not be cured, ended, or remedied within thirty (30) days after written demand from the Seller to the Buyer to do so, then the Seller shall have the right to re -enter and take possession of the Property and to terminate (and revest in the Seller) the estate conveyed by the Deed to the Buyer, it being the intent of this provision, together with other provisions of the Agreement, that the conveyance of the Property to the Buyer shall be made upon, and that the Deed shall contain a condition subsequent to the effect that in the event of any default on the part of the Buyer and failure on the part of the Buyer to remedy, end, or abrogate such default within the period and in the manner stated in such subdivisions, the Seller at its option may declare a termination in favor of the Seller of the title, and of all the rights and interests in and to the Property conveyed to the Buyer, and that such title and all rights and interests of the Buyer, and any assigns or successors in interest to and in the Property, shall revert to the Seller, but only if the events stated in this Section have not been cured within the time periods provided above. 0 Notwithstanding anything to the contrary contained in this Section, the Seller shall have no right to reenter or retake title to and possession of a portion of the Property for which a Certificate of Completion has been issued. For the purposes of this Agreement, the term "Unavoidable Delays" means delays beyond the reasonable control of the Buyer as a result thereof which are the direct result of strikes, other labor troubles, prolonged adverse weather or acts of God, fire or other casualty to the Minimum Improvements, litigation commenced by third parties which, by injunction or other similar judicial action, directly results in delays, or acts of any federal, state or local governmental unit (other than the Seller in exercising its rights under this Agreement) which directly results in delays. Unavoidable Delays shall not include delays in the Buyer's obtaining of permits or governmental approvals necessary to enable construction of the Minimum Improvements by the dates such construction is required under this section of this Agreement. 16. Resale of Reacquired Property; Disposition of Proceeds. Upon the revesting in the Seller of title to and/or possession of the Property or any part thereof as provided in Section 16, the Seller shall apply the purchase price paid by the Buyer under Section 4 of this Agreement as follows: (a) First, to reimburse the Seller for all costs and expenses incurred by the Seller, including but not limited to proportionate salaries of personnel, in connection with the recapture, management, and resale of the Property or part thereof (but less any income derived by the Seller from the Property or part thereof in connection with such management); all taxes, assessments, and water and sewer charges with respect to the Property or part thereof (or, in the event the Property is exempt from taxation or assessment or such charge during the period of ownership thereof by the Seller, an amount, if paid, equal to such taxes, assessments, or charges (as determined by the Seller assessing official) as would have been payable if the Property were not so exempt); any payments made or necessary to be made to discharge any encumbrances or liens existing on the Property or part thereof at the time of revesting of title thereto in the Seller or to discharge or prevent from attaching or being made any subsequent encumbrances or liens due to obligations, defaults or acts of the Buyer, its successors or transferees; any expenditures made or obligations incurred with respect to the making or completion of the Minimum Improvements or any part thereof on the Property or part thereof; and any amounts otherwise owing the Seller by the Buyer and its successor or transferee; and (b) Second, to reimburse the Buyer for the balance of the purchase price remaining after the reimbursements specified in paragraph (a) above. Such reimbursement shall be paid to the Buyer upon delivery of an executed, recordable warranty deed to the Property by the Buyer to the Seller. 7 17. Time is of the essence for all provisions of this contract. 18. Notices. All notices required herein shall be in writing and delivered personally or mailed to the address shown at paragraph 1 above and, if mailed, are effective as of the date of mailing. 19. Minnesota Law. This contract shall be governed by the laws of the State of Minnesota. 20. Specific Performance. This Agreement may be specifically enforced by the parties, provided that an action is brought within one year of the date of alleged breach of this Agreement. 21. No Remedy Exclusive. No remedy herein conferred upon or reserved to the Seller or Buyer 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. 22. No Merger of Representations, Warranties. All representations and warranties contained in this Purchase Agreement shall not be merged into any instruments or conveyance delivered at closing, and the parties shall be bound accordingly. 23. Recording. This Agreement shall be filed of record with the Anoka County Registrar of Titles or Office of Recorder, as the case may be. Buyer shall pay all recording costs. In witness of the foregoing, the parties have executed this agreement on the year and date written above. SELLER: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Its President STATE OF MINNESOTA COUNTY OF ANOKA I ss. Its Executive Director The foregoing was acknowledged before me this day of 20 , by and , the President and Executive Director of Columbia Heights Economic Development Authority, a public body corporate and politic under the laws of Minnesota, on behalf of the public body corporate and politic. S -1 BUYER: STATE OF MINNESOTA } ss. CKilI1Yme] W12[0]+1 The foregoing was acknowledged before me this , the of This document drafted by: Kennedy & Graven, Chartered 470 U.S. Bank Plaza Minneapolis, MN 55402 on behalf of the S -2 day of 20_, by a Minnesota EXHIBIT A to PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF QUIT CLAIM DEED THIS INDENTURE, between the Columbia Heights Economic Development Authority, a Minnesota, a public body corporate and politic (the "Grantor "), and a Minnesota (the "Grantee "). WITNESSETH, that Grantor, in consideration of the sum of $ and other good and valuable consideration the receipt whereof is hereby acknowledged, does hereby grant, bargain, quitclaim and convey to the Grantee, its successors and assigns forever, all the tract or parcel of land lying and being in the County of Anoka and State of Minnesota described as follows, to -wit (such tract or parcel of land is hereinafter referred to as the "Property"): To have and to hold the same, together with all the hereditaments and appurtenances thereunto belonging. SECTION 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of an agreement recorded herewith entered into between the Grantor and Grantee on the of , 20_, identified as "Purchase and Redevelopment Agreement" (hereafter referred to as the "Agreement") and that the Grantee shall not convey this Property, or any part thereof, except as permitted by the Agreement until a certificate of completion releasing the Grantee from certain obligations of said Agreement as to this Property or such part thereof then to be conveyed, has been placed of record. This provision, however, shall in no way prevent the Grantee from mortgaging this Property in order to obtain funds for the purchase of the Property hereby conveyed or for erecting the Minimum Improvements thereon (as defined in the Agreement) in conformity with the Agreement, any applicable development program and applicable provisions of the zoning ordinance of the City of Columbia Heights, Minnesota, or for the refinancing of the same. It is specifically agreed that the Grantee shall promptly begin and diligently prosecute to completion the redevelopment of the Property through the construction of the Minimum Improvements thereon, as provided in the Agreement. Promptly after completion of the Minimum Improvements in accordance with the provisions of the Agreement, the Grantor will furnish the Grantee with an appropriate instrument so certifying. Such certification by the Grantor shall be (and it shall be so provided in the A -1 certification itself) a conclusive determination of satisfaction and termination of the agreements and covenants of the Agreement and of this Deed with respect to the obligation of the Grantee, and its successors and assigns, to construct the Minimum Improvements and the dates for the beginning and completion thereof. Such certification and such determination shall not constitute evidence of compliance with or satisfaction of any obligation of the Grantee to any holder of a mortgage, or any insurer of a mortgage, securing money loaned to finance the purchase of the Property hereby conveyed or the Minimum Improvements, or any part thereof. All certifications provided for herein shall be in such form as will enable them to be recorded with the County Recorder, or Registrar of Titles, Anoka County, Minnesota. If the Grantor shall refuse or fail to provide any such certification in accordance with the provisions of the Agreement and this Deed, the Grantor shall, within thirty (30) days after written request by the Grantee, provide the Grantee with a written statement indicating in adequate detail in what respects the Grantee has failed to complete the Minimum Improvements in accordance with the provisions of the Agreement or is otherwise in default, and what measures or acts it will be necessary, in the opinion of the Grantor, for the Grantee to take or perform in order to obtain such certification. SECTION 2. The Grantee's rights and interest in the Property are subject to the terms and conditions of Sections 14A, 14B and 15 of the Agreement relating to the Grantor's right to re -enter and revest in Grantor title to the Property under conditions specified therein, including but not limited to termination of such right upon issuance of a Certificate of Completion as defined in the Agreement. SECTION 3. The Grantee agrees for itself and its successors and assigns to or of the Property or any part thereof, hereinbefore described, that the Grantee and such successors and assigns shall comply with Section 14E of the Agreement for a period of ten years after the date hereof. It is intended and agreed that the above and foregoing agreements and covenants shall be covenants running with the land for the respective terms herein provided, and that they shall, in any event, and without regard to technical classification or designation, legal or otherwise, and except only as otherwise specifically provided in this Deed, be binding, to the fullest extent permitted by law and equity for the benefit and in favor of, and enforceable by, the Grantor against the Grantee, its successors and assigns, and every successor in interest to the Property, or any part thereof or any interest therein, and any party in possession or occupancy of the Property or any part thereof. In amplification, and not in restriction of, the provisions of the preceding section, it is intended and agreed that the Grantor shall be deemed a beneficiary of the agreements and covenants provided herein, both for and in its own right, and also for the purposes of protecting A -2 the interest of the community and the other parties, public or private, in whose favor or for whose benefit these agreements and covenants have been provided. Such agreements and covenants shall run in favor of the Grantor without regard to whether the Grantor has at any time been, remains, or is an owner of any land or interest therein to, or in favor of, which such agreements and covenants relate. The Grantor shall have the right, in the event of any breach of any such agreement or covenant to exercise all the rights and remedies, and to maintain any actions or suits at law or in equity or other proper proceedings to enforce the curing of such breach of agreement or covenant, to which it or any other beneficiaries of such agreement or covenant may be entitled; provided that Grantor shall not have any right to re -enter the Property or revest in the Grantor the estate conveyed by this Deed on grounds of Grantee's failure to comply with its obligations under this Section 3. Grantor certifies that it does not know of any wells on the Property. A -3 IN WITNESS WHEREOF, the Grantor has caused this Deed to be duly executed in its behalf by its President and Executive Director and has caused its corporate seal to be hereunto affixed this day of 20 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF ) On this _ day of 20_, before me, a notary public within and for County, personally appeared and to me personally known who by me duly swom, did say that they are the President and Executive Director of the Columbia Heights Economic Development Authority (the "Authority") named in the foregoing instrument; that the seal affixed to said instrument is the seal of said Authority; that said instrument was signed and sealed on behalf of said Authority pursuant to a resolution of its governing body; and said and acknowledged said instrument to be the free act and deed of said Authority. This instrument was drafted by: Kennedy & Graven, Charted (SJB) 470 U.S. Bank Plaza Minneapolis, MN 55402 A -4 Notary Public EXHIBIT B To PURCHASE AND REDEVELOPMENT AGREEMENT FORM OF CERTIFICATE OF COMPLETION WHEREAS, the Columbia Heights Economic Development Authority, a public body, corporate and politic (the "Grantor "), conveyed land in Anoka County, Minnesota to ' a (the "Grantee "), by a Deed recorded in the Office of the County Recorder [and in the Office of the Registrar of Titles] in and for the County of Anoka and State of Minnesota, as Document Numbers and respectively, "IM WHEREAS, said Deed contained certain covenants and restrictions set forth in Sections 1 and 2 of said Deed; and WHEREAS, said Grantee has performed said covenants and conditions insofar as it is able in a manner deemed sufficient by the Grantor to permit the execution and recording of this certification; NOW, THEREFORE, this is to certify that all building construction and other physical improvements specified to be done and made by the Grantee have been completed and the above covenants and conditions in said Deed and the agreements and covenants in Sections 14A and 14B of the Agreement (as described in said Deed) have been performed by the Grantee therein, and the County Recorder [and the Registrar of Titles] in and for the County of Anoka and State of Minnesota are hereby authorized to accept for recording and to record, the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants and conditions of Sections 14A and 14B of the Agreement and the covenants and restrictions set forth in Sections 1 and 2 of said Deed; provided that the covenants set forth in Sections 14E of the Agreement, and in Section 3 of the Deed, remain in full force and effect through the period stated thereon. Dated: 20 M COLUMBIA HEIGHTS ECONOMIC DEVELOPMEN AUTHORITY By Its President By Its Executive Director STATE OF MINNESOTA ) ss COUNTY OF ANOKA ) The foregoing instrument was acknowledged before me this _ day of , 20� by and the President and Executive Director, respectively, of the Columbia Heights Economic Development Authority, on behalf of the authority. This document drafted by: KENNEDY & GRAVEN, CHARTERED 470 U.S. Bank Plaza Minneapolis, MN 55402 (612) 337 -9300 Notary Public ffly-j COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 7 MEETING DATE SEPTEMBER 8, 2015 CITY OF COLUMBIA HEIGHTS - ECONOMIC DEVELOPMENT AUTHORITY ITEM: Dominium / Huset Park Apartments — Proposed Business Terms DEPARTMENT: Economic Development Authority CITY MANAGER'S APPROVAL: BY /DATE: Joe Hogeboom, September 3, 2015 BY /DATE: BACKGROUND: Earlier this year, representatives from Dominium approached the Economic Development Authority (EDA) regarding Dominium's interest in acquiring the property at the northeast corner of University and 37th Avenues and constructing independent senior (55 +) apartments. The EDA was amenable to this proposal, and directed staff to work with Dominium to develop a detailed plan. Later this summer, Dominium officials held an open house for the Huset Park neighborhoods, where they discussed the plans for the apartment and addressed resident concerns. Based on resident feedback, Dominium revised its plans to bring the proposed apartment building closer to Huset Parkway, and move the surface parking lot behind the building, facing University Avenue. Residents also voiced concern about the future of the parcel located at the Jefferson Street / Huset Parkway roundabout. While Dominium is acquiring that piece of property along with the development site, it has no plans to develop the roundabout property at this time, nor will development requirements be changed for the roundabout property at this time. As the first official step in the development approval process, the EDA is asked to review and approve the attached proposed Business Terms for the project. These terms were negotiated between the developer, staff, the EDA attorney and the City's bond consultant (Dominium is paying for all professional attorney and financial services associated with the review of this project). Highlights of Business Terms include the following: • The developer will construct and fund a decorative fence along University Avenue, adjacent to the development site. • The developer will construct and fund a 10 -foot bituminous trail along University Avenue, adjacent to the development site. • The developer will construct and fund a 6 -foot wide sidewalk along 37th Avenue, adjacent to the development site. • The developer will construct and fund a Columbia Heights municipal welcome monument sign on the corner of University and 37th Avenues (facing northbound University Avenue traffic). • The developer will construct and fund a decorative water feature on the site. • The developer will continue to fund consultant and attorney costs associated with the development and review of this project. • The apartment building will consist of between 190 -200 units, and will be senior (55 +) housing. • Construction on the site will commence by June 1, 2016, and will be substantially completed by December 31, 2017. • The developer will pay Sewer and Water Access Charges, estimated at $472,150 and $497,000 respectively. Dominium / Huset Park Apartments - Proposed Business Terms City of Columbia Heights — EDA Letter Page 2 The developer will pay a Park Dedication Fee to the City, estimated to be $217,942 to $232,942 (depending on the number of units developed). The EDA and the developer will negotiate the refunding of Tax Increment Revenue Bonds to achieve debt service savings. Following the approval of the proposed Business Terms, Dominium intends to seek Site Plan and Plat approval for this project in October from the Planning and Zoning Commission and the City Council, and will seek to amend the Development Agreement for Huset Park with the Economic Development Authority. All of those items will be addressed as public hearings. Site specific elements of the proposal, such as building facade treatments, landscaping, traffic circulation, etc. will be addressed at that time. If approval is granted, Dominium intends to close on the sale of the property in November and begin site work shortly thereafter. STAFF RECOMMENDATION: Staff recommends approval of the following motion to approve the proposed Business Terms for the Huset Park /Dominium Senior Housing Development to be located at the northwest corner of State Trunk Highway 47 (University Avenue NE.) and 37th Avenue NE. RECOMMENDED MOTION(S): Move to approve the proposed Business Terms for the Huset Park /Dominium Senior Housing Development, as presented. ATTACHMENTS: 1. Proposed Business Terms (10 pages) 2. Proposed Site Plan (1 page) Proposed Business Terms The following are proposed Business Terms between the City of Columbia Heights (the "City'), the Columbia Heights Economic Development Authority ( "EDA ") and Columbia Heights Leased Housing Associates I, LLLP (`"The Redeveloper ") and are consistent with City and EDA policy, past practices and previous discussions with the EDA/City Council of the City. Upon mutual agreement, these terms will be incorporated into an Amended and Restated Private Redevelopment Contract (the "Contract "). These proposed terms are consistent with the requirements of the existing TIF Plan for the Huset Park TIF District. The Redeveloper has entered into a purchase agreement with BNC Bank ( "BNC ") to acquire the undeveloped portions of Huset Park, described as attached in Exhibit A (the "Facility Parcel "), and expects to close on the acquisition of the Facility Parcel by November 30, 2015. Columbia Heights Leased Housing Associates II, LLLP (the "Remnant Developer ") has entered into a purchase agreement with BNC to acquire the undeveloped portions of Huset Park, described as attached in Exhibit B (the "Remnant Parcel," and together with the Facility Parcel, the "Redevelopment Property"). The Facility Parcel will be developed as more fully described in paragraph 7. At closing, BNC will assign its interest in the Taxable Tax Increment Revenue Note, Series 2007 (the "Note "), originally issued to Shafer Richardson and assigned to BNC, to the Redeveloper. Furthermore, at closing, BNC, the City and the EDA will agree to assign the existing Contract for Private Redevelopment between the City, the EDA and Shafter Richardson, dated August 1, 2007, as previously amended and assigned to BNC (the "Original Redevelopment Contract") to the Redeveloper, at which time it will be amended and restated by the Contract. A separate private redevelopment agreement will be executed at closing by the Remnant Developer, City and EDA regarding the Remnant Parcel, separate and district from the Contract (the "Remnant Contract "). 2. The Redeveloper and the Remnant Redeveloper acknowledge that the EDA makes no representations or warranties as to the condition of the soils on the Redevelopment Property or the fitness of either Parcel for construction of the Minimum Improvements (as defined in paragraph 7) or any other purpose for which the Redeveloper or the Remnant Redeveloper may make use of such Parcel. The Redeveloper and the Remnant Redeveloper further acknowledge and that any assistance provided to the Redeveloper or the Remnant Redeveloper neither implies any responsibility by the EDA or the City for any contamination of the Redevelopment Property nor imposes any obligation on such parties to participate in any cleanup of the Redevelopment Property. 3. The Redeveloper and the Remnant Redeveloper further agree that they will indemnify, defend, and hold harmless the EDA, the City, and their governing body members, officers, and employees ( "Indemnitees "), from any claims or actions arising out of the presence, if any, of hazardous wastes or pollutants existing on the Redevelopment Property, unless and to the extent that such hazardous wastes or pollutants are present as a result of the actions or omissions of the Indemnitees. Upon termination of the Contract and the Remnant Contract, the Redeveloper and the Remnant Redeveloper, as applicable, shall remain obligated to indemnify as provided in the Contract and the Remnant Contract through the effective date of termination of the Contract and Remnant Contract, as the case may be. 46581M MNI CL205 -23 4. The parties agree that any assistance provided to the Redeveloper or the Remnant Redeveloper under the Contract or Remnant Contract, as applicable, is not expected to constitute a "business subsidy" under Minnesota Statutes because any such assistance would be for housing. 5. The Redeveloper and the Remnant Redeveloper agree that they will pay the reasonable costs of consultants and attorneys retained by the City and EDA in connection with the negotiation and preparation of the Contract, Remnant Contract, and other incidental agreements and documents. Any costs of refunding the bonds, as outlined in paragraph 15 herein shall be the sole responsibility of the City and EDA. 6. Before commencing construction of the Minimum Improvements (defined in paragraph 7), the Redeveloper must submit plans and specifications regarding the Minimum Improvements for approval by the EDA ( "Construction Plans "). All work on the Minimum Improvements shall be in accordance with the approved Construction Plans and shall comply with all City requirements regarding such improvements. 7. The Minimum Improvements to the Facility Parcel, to be included in the Contract, shall consist a multi -story building consisting of approximately 190 to 200 units of multi- family senior rental housing, along with associated underground structured parking and surface parking. 8. If the Redeveloper desires to make any material change in the Construction Plans after their approval by the EDA, the Redeveloper shall submit the proposed change to the EDA for its approval. The term "material" means changes that increase or decrease construction costs by more than five percent (5 %) of total construction costs. 9. Subject to Unavoidable Delays, the Redeveloper agrees to commence construction of the Minimum Improvements by June 1, 2016 and substantially complete them by December 31, 2017. 10. Promptly after completion of the Minimum Improvements, the EDA Representative will deliver to the Redeveloper a Certificate of Completion and Termination of Contract. The construction of the Minimum Improvements will be deemed to be substantially complete upon issuance of a certificate of occupancy for the Minimum Improvements, and upon determination by the EDA Representative that all related site improvements on the Redevelopment Property have been substantially completed in accordance with approved Construction Plans, subject to landscaping that cannot be completed until seasonal conditions permit. 11. The Redeveloper shall construct a monument sign which will incorporate the City logo, at The Redeveloper's sole cost. 12. The Redeveloper shall pay all applicable SAC/WAC and park dedication fees to the City, currently estimated at $472,150 to $497,000 for SAC/WAC, and $217,942 to $232,942 for park dedication. 2 465818v2 MNI CL205 -23 13. The Redeveloper shall construct, at the Redeveloper's sole cost, public improvements on and/or benefiting the Redevelopment Property, including the following, collectively referred to herein as the "Public Improvements ": a. Continuation of the decorative fencing installed along Trunk Highway 47 (between Naegele Avenue and Jolly Lane) from Naegele Avenue south to 37th Avenue NE. b. Construction of a 10 -foot wide bituminous multi -use trail, adjacent to Trunk Highway 47, extending from Naegele Avenue south to 37th Avenue NE, within the Minnesota Department of Transportation right -of -way, not within the Facility Parcel. c. Construction of a 6 -foot wide concrete sidewalk, adjacent to 37th Avenue NE, extending from Trunk Highway 47 east to Huset Parkway. d. Construction of a landscaped water feature conforming to Mississippi Watershed Management Organization standards. 14. The Redeveloper shall undertake all work related to the Minimum Improvements in compliance with all applicable federal and state laws, including without limitation all applicable state and federal environmental regulations. 15. The parties agree and acknowledge that the EDA previously issued its tax exempt Tax Increment Revenue Bonds, Series 2007 (the "Bonds "), to pay certain costs related to the Project. In conjunction with the Redeveloper's purchase of the Facility Parcel, the EDA will negotiate the refunding of the Bonds to achieve debt service savings. The parties agree and acknowledge that the Note is subordinate to the Bonds. Although the EDA and its financial consultants believe the refunding of the Bonds, along with additional tax increment resulting from the construction of the Minimum Improvements, will result in increased payments of Available Tax Increment to the Redeveloper under the Note, neither the City nor the EDA make any guaranty that the total amount of Available Tax Increment will fully pay the principal of or interest on the Note. 16. The EDA and the City shall represent and warrant to the Redeveloper in the Contract exactly what obligations are outstanding and scheduled for payment from the Available Tax Increment with a priority over the Redeveloper. 17. If the Redeveloper requires mortgage financing for the development of the Minimum Improvements, the EDA agrees to subordinate its rights under the Contract to the Holder of any Mortgage securing construction or permanent financing, in accordance with the terms of a mutually- approved subordination agreement. 18. The Redeveloper agrees not to transfer the Contract or the Facility Parcel (except to an affiliate) prior to receiving a Certificate of Completion without the prior written consent of the EDA, except for construction mortgage financing and/or permanent financing. The EDA's consent shall not be unreasonably withheld, conditioned or delayed. The EDA 3 465818v2 MNI CL205 -23 agrees to provide its consent or refusal to consent to The Redeveloper in writing within 10 days after a request for such consent from The Redeveloper. 19. The Redeveloper and the Remnant Redeveloper agree that the EDA and the City will not be held liable for 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 Redevelopment Property or the Minimum Improvements. 20. The Redeveloper and the Remnant Redeveloper agree not to discriminate upon the basis of race, color, creed, sex or national origin in the construction and maintenance of the Minimum Improvements and Public Improvements as well as lease, rental, use or occupancy of the Redevelopment Property or any improvements erected thereon. The above terms will serve as the basis for and may be incorporated into an Amended and Restated Private Redevelopment Contract between the City, the EDA, BNC, and Columbia Heights Leased Housing Associates I, LLLP related to the Facility Parcel, and a new Private Redevelopment Contract between the City, the EDA and Columbia Heights Leased Housing Associates II, LLLP related to the Remnant Parcel. 4 465818v2 MNI CL205 -23 EXHIBIT A LEGAL DESCRIPTION OF FACILITY PARCEL Parcel 1: Outlot A, Huset Park Second Addition. Anoka County, Minnesota Abstract Property Parcel 2: Lots 1, 2, 3, 4, 5 and 6 in Block 90 in Columbia Heights Annex to Minneapolis Lot 4, Auditor's Subdivision No. 50, Anoka County, Minnesota. That part of Lot 5, Auditor's Subdivision No. 50, Anoka County, Minnesota, beginning at the Southwest corner of Lot 4 in said subdivision; thence East along the line dividing said Lots 4 and 5 a distance of eight -six and five tenths (86.50) feet to an angle point in said line; thence North along the line dividing said Lots 4 and 5, a distance of four and thirty -five hundredths (4.35) feet to the actual point of beginning of the tract of land to be described; thence continuing North along said dividing line one hundred thirteen and eight -three hundredths (113.83) feet to an angle point in said line; thence Easterly along the dividing line between said Lots 4 and 5 a distance of one hundred seventy -two and eight tenths (172.8) feet to the East line of said Lot 4; thence South along the extension of the East line of said Lot 4 a distance of two and four tenths (2.4) feet; thence Southwesterly along a curved line, convex to the Northwest, with a radius of seventeen hundred thirty and twenty -five hundredths (1,730.25) feet and running parallel with and eleven and five tenths (11.5) feet Northwesterly of the center line of a spur track running through said Lot 5, to the actual point of beginning. Lot 7, 8, 9, 10, 11, 12, 13, 14 and 15 in Block 90 in Columbia Heights Annex to Minneapolis; also the following described portion of Block "G" said Columbia Heights Annex to Minneapolis: Commencing at the Southwest corner of said Block "G ", running thence North along the line between said Block "G" and the above mentioned Block 90, 360 feet to the Northeast comer of said Lot 7 in said Block 90; running thence East parallel with the South line of said Block "G" 279.9 feet to a point 50 feet Westerly at right angles from the center of the railroad tract operated across said Block "G; thence running Southerly curving to the left along a line which is the right of way line of said railroad and 50 feet Westerly from and parallel with said tract, said tract being upon a curve of 5 degrees, to the South line of said Block "G "; running thence West along the South line of said Block "G" 194.4 feet to the place of beginning. A -1 465818v2 MNI CL205 -23 Being the same premises conveyed to the party of the first part by the Columbia Heights Foundry Co., a corporation of the State of Minnesota, by deed dated August 2, 1909, filed on August 3, 1909 in Book "61 ", Page 539. AND Commencing at a point 279.9 feet Easterly from the Northeast corner of Lot 7, Block 90, Columbia Heights Annex to Minneapolis, and in a line drawn from said Northeast corner of said Lot 7 parallel with the South line of Block "G" of said Columbia Heights Annex to Minneapolis, said point of beginning being the Northeasterly corner of a tract of land heretofore under date of August 2, 1909, conveyed by Columbia Heights Foundry Company to said party of the first part; thence running East on a line parallel with the South line of said Block "G" to a point 6 feet Westerly from the center of the Westerly rail of the railroad tract running in a Northerly and Southerly direction across said Block "G ", said tract being the first track East of the tract of land conveyed to said party by said deed of August 2, 1909; thence Southerly, on a 5 degree curve to the left, along a line parallel with and 6 feet distance Westerly from the center of said Westerly rail of said railroad tract, to the South line of said Block "G "; thence Westerly along said South line of said Block "G" to a point 194.4 feet Easterly from the Southwest corner of said Block "G', said point Easterly from said Southwest corner of said Block "G" being the Southeasterly corner of said tract heretofore under date of August 2nd, 1909 conveyed to said first party; thence running North on a 5 degree curve to the right along the Easterly line of said tract deeded said first party on August 2nd, 1909, and parallel with said Westerly rail of said railroad tract, to the place of beginning. The last described premises being subject to the provisions of a certain agreement dated December 30, 1909, made between the party of the first part and the Arcade Investment Company, a Minnesota corporation, and being the same premises conveyed to the party of the first part by the said The Arcade Investment Company by deed dated December 30, 1909, filed on February 21, 1910, in Book "60 ", Page 351. AND All that part of Block "G ", Columbia Heights Annex to Minneapolis, described as follows, to- wit: Commencing at a point 86.5 feet Easterly from the Northeast corner of Lot 7, Block 90 in said Columbia Heights Annex to Minneapolis, and in a line drawn Easterly from said Northeast corner of said Lot 7 and parallel with the South line of said Block "G "; deflecting thence 90 degrees from said line to the North and running thence North a distance of 118.18 feet to a point 6 feet South, measured at right angles from the center of the Southerly rail of the Thiem Manufacturing Company's spur track which crosses said Block "G ", as the same is now laid out and established on the ground; thence deflecting to the right 90 degrees, 16 minutes and 30 seconds and running thence Southeasterly a distance of 100 feet to a point 6 feet Southerly, measured at right angles from the center of the said Southerly rail of said spur track; thence deflecting to the left 8 degrees 52 minutes 30 seconds, and running thence Northeasterly a distance of 100 feet to a point 6 feet Southerly, measured at right angles from the center of said A -2 465818v2 MNI CL205 -23 Southerly rail of said spur track; thence deflecting to the left 12 degrees 56 minutes, 30 seconds and running thence Northeasterly a distance of 76.96 feet to a point 6 feet Southerly, measured at right angles from the center of said Southerly rail of said spur track and 47.64 feet Westerly, measured at right angles from the center of the Westerly rail of the Soo Railway track which crosses said Block "G" farthest to the West; thence deflecting to the right 140 degrees 3 minutes and running thence Southwesterly a distance of 100 feet to a point 47.64 feet Westerly, measured at right angles from the center of the said Westerly rail of said Soo track; thence deflecting to the left 5 degrees 2 minutes, and running thence Southwesterly a distance of 79.55 feet to a point 47.64 feet Westerly, measured at right angles from the center of the said Westerly rail of said Soo Railway track, said point being also 276.61 feet Easterly from said Northeast corner of said Lot 7, Block 90, and in a line drawn from said Northeast corner of said Lot 7 and parallel with the South line of said Block "G "; thence deflecting to the right 66 degrees 25 minutes and running thence West along said line drawn Easterly from said Northeast corner of said Lot 7, Block 90, and parallel with the South line of said Block "G ", a distance of 190.11 feet to the place of beginning. Being the same premises conveyed to the party of the first part by the said The Arcade Investment Company by deed dated July 24, 1911, filed November 14, 1911, in Book "69" Page 137. TOGHETHER WITH: All that part of Block "G', Columbia Heights Annex to Minneapolis, described as follows: Commencing at a point 321.36 feet Easterly from the Northeast corner of Lot 7, Block 90, said Columbia Heights Annex to Minneapolis and in a line drawn from said Northeast corner of said Lot 7 and parallel with the South line of said Block "G ", said point being also 6 feet Westerly, measured at right angles from the center of the Westerly rail of the Soo Railway Company's track which crosses said Block "G" farthest to the West; thence West along said line described as drawn Easterly from the said Northeast corner of said Lot 7 and parallel with the South line of said Block "G" a distance of 44.75 feet to a point, said point being 276.61 feet Easterly from the said Northeast corner of said Lot 7, Block 90, measured along said line described as drawn parallel with the South line of said Block "G "; thence deflecting to the right 113 degrees 35 minutes, and running thence Northeasterly a distance of 79.55 feet to a point 47.64 feet Westerly, measured at right angles from the center of said Westerly rail of said Soo track; thence deflecting to the right 5 degrees 2 minutes, and running thence Northeasterly 100 feet to a point 6 feet Southerly; measured at right angles from the center of the Southerly rail of the Thiem Manufacturing Company's spur track which crosses said Block "G ", as the same is now laid out and established on the ground, and 47.64 feet Westerly, measured at right angles from the center of the Westerly rail of said Soo track; thence deflecting to the right 39 degrees 57 minutes and running thence Northeasterly a distance of 23.04 feet to a point 6 feet Southerly, measured at right angles from the center of the Southerly rail of said Thiem spur track; thence deflecting to the left 11 degrees 22 minutes and 30 seconds, and running thence Northeasterly 65.15 feet to a point 6 feet Southerly, measured at right angles from the center of the said Southerly rail of said Thiem spur track, and 6 feet Westerly, measured at right angles from the center of the Westerly rail of the said Soo track; thence deflecting to the right 154 A -3 465818v2 MNI CL205 -23 degrees 32 minutes, and running thence Southwesterly a distance of 100 feet; to a point 6 feet Westerly, measured at right angles from the said Westerly rail of said Soo track; thence deflecting to the left 4 degrees 40 minutes and running thence Southeasterly 100 feet to a point 6 feet Westerly, measured at right angles from the said Westerly rail of said Soo track; thence deflecting to the left 3 degrees 18 minutes, and running thence Southwesterly a distance of 33.30 feet to the point of beginning. Except that part of Lot 5, Auditor's Subdivision No. 50, Anoka County, Minnesota, beginning at the Southwest corner of Lot 4 in said Subdivision; thence East along the line dividing said Lots 4 and 5 a distance of 86.5 feet to an angle point in said line; thence North along the line dividing said Lots 4 and 5, a distance of 4.35 feet to the actual point of beginning of the tract of land to be described; thence continuing North along said dividing line 113.83 feet to an angle point in said line; thence Easterly along the dividing line between said Lots 4 and 5 a distance of 172.8 feet to the East line of said Lot 4; thence South along the extension of the East line of said Lot 4 a distance of 2.4 feet; thence Southwesterly along a curved line, convex to the Northwest, with a radius of 1730.25 feet, and running parallel with and 11.5 feet Northwesterly of the center line of a spur track running through said Lot 5, to the actual point of beginning. AND The South 1159.70 feet of the following description: That part of University Avenue (Trunk Highway No. 47) lying North of the Westerly extension of the South line of Block 90, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, South of the South line of Fortieth Avenue N.E. and East of the following described line: Beginning at the Southwest corner of said Block 90; thence South 89 degrees 56 minutes 00 seconds West, assumed bearing, along the Westerly extension of the South line of said Block 90 a distance of 32.00 feet; thence North 00 degrees 41 minutes 54 seconds West, a distance of 440.00 feet; thence North 00 degrees 59 minutes 24 seconds West, a distance of 585.00 feet; thence North 02 degrees 21 minutes 12 seconds West, a distance of 870.58 feet, more or less, to the South line of Fortieth Avenue N.E. and there terminating. Except that part included in the plat of Huset Park Second Addition. AND That part of Thirty - Eighth Avenue N.E. as dedicated in the plat of Columbia Heights Annex to Minneapolis, Anoka County, Minnesota, lying West of the Southerly extension of the Westerly right of way of Fifth Street N.E. and lying East of a line drawn from the Northwest corner of Lot 1, Auditor's Subdivision No. 50, Anoka County, Minnesota to the Southwest corner of Block 98, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota. Except that part included in the plat of Huset Park Second Addition. wd 465818v2 MNI CL205 -23 Parcel 3: Lot 3, Auditor's Subdivision No. 50, Anoka County, Minnesota, except that part thereof which lies Southeasterly of the following described line: Said line commences at the Northwest corner of said Lot 3; thence South 89 degrees 55 minutes 31 seconds East, on an assumed bearing, along the North line of said Lot 3, a distance of 143.15 feet to the point of beginning of said line; thence Southwesterly on a non - tangential curve a distance of 83.69 feet, said curve has a radius of 815.00 feet, a central angle of 05 degrees 53 minutes 02 seconds, a chord length of 83.66 feet, and a chord bearing of South 38 degrees 02 minutes 41 seconds West to the South line of said Lot 3, and there terminating. Anoka County, Minnesota Abstract Property A -5 465818v2 MNI CL205 -23 EXHIBIT B LEGAL DESCRIPTION OF REMNANT PARCEL Outlot B, Huset Park. Anoka County, Minnesota Torrens Property Torrens Certificate No. 119344 m- 46581842 MNI CL205 -23 ti WI 08.27.2015 M 91 C E 869� It g? 1 3 RE. ;, go 7 It F?X..9W. j i* ti 2E211 men SITE PLAN uEivuF '-A DEDIC .- U. FA I X�4 V/ i IL— WNW Avv vtkT c4pyopow A ,R.E. 7 T.30_ ... L N w -$ E s 4 BKV 0 30 60 pmsr�60' DOMINIUM G R 0 U P N do UOT 90 Z,UCCO, VACJkTU-t, .KRSIT, IIUE CITY i5or I 19459 I VT. SITE PLAN uEivuF '-A DEDIC .- U. FA I X�4 V/ i IL— WNW Avv vtkT c4pyopow A ,R.E. 7 T.30_ ... L N w -$ E s 4 BKV 0 30 60 pmsr�60' DOMINIUM G R 0 U P CH COLUMBIA HEIGHTS AGENDA SECTION BUSINESS ITEMS ITEM NO. 8 MEETING DATE 09/08/15 CITY OF COLUMBIA HEIGHTS — ECONOMIC DEVELOPMENT AUTHORITY ITEM: Resolution Approving a Residential Lot Sales Program and Calling a Public Hearing Regarding Land Conveyance Related to the Program DEPARTMENT: Community Development CITY MANAGER'S APPROVAL. BY /DATE: Loren Wickham, Assistant Director 8/27 BY /DATE: BACKGROUND: Staff has inventoried existing City /EDA owned lots and is proposing a Residential Lot Sales Program with a list of lots to sell to licensed builders for the construction of single family owner occupied homes. Highlights of the program: • All houses must have at least three bedrooms, two bathrooms, and an attached or detached two -car garage • A purchase and redevelopment agreement must be signed with a deed restriction requiring owner occupancy for 10 years. • Lot prices were recommended in April by our Scattered Sites Realtor. • Lots are sold on first come first served basis- first offer meeting price and program requirements will be forwarded to the EDA for consideration. • Lots will only be sold to state licensed builders. • A builder can purchase an exclusive $500 non - refundable option for 6 months to try and market the lot on the MLS system. Other options for pricing that we considered were Listing lots at their Anoka County property tax value Releasing an RFP and forwarding the highest offers that met the program requirements to the EDA for consideration. Staff will market the program and lots for sale on the City's website, press releases to state and local builders and realtors associations and direct contact with a list of builders that have inquired about our lots since the beginning of the year. STAFF RECOMMENDATION: Staff recommends adoption of resolution 2015 -18 Approving a residential Lot Sales Program and calling a public hearing regarding land conveyance related to the program. RECOMMENDED MOTION(S): Motion: Move to waive the reading of Resolution 2015 -18, there being ample copies available to the public. Motion: Move to adopt Resolution 2015 -18, Resolution Approving a Residential Lot Sales Program and Calling A Public Hearing Regarding Land Conveyance Related to the Program ATTACHMENTS: Resolution 2015 -18, Economic Development Authority Residential Lot Sales Program Guidelines, Sample RFP EDA Residential Lot Sales Program Letter090815 COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION NO. 2015-16 RESOLUTION APPROVING A RESIDENTIAL LOT SALES PROGRAM AND CALLING A PUBLIC HEARING REGARDING LAND CONVEYANCE RELATED TO THE PROGRAM WHEREAS, the Columbia Heights Economic Development Authority (the "Authority") has previously acquired several residential lots (the "Property") within the City of Columbia Heights (the "City"), described as attached hereto as Exhibit A, and desires to establish consistent and equitable guidelines pursuant to which the Authority may sell the Property to private developers for the purpose of constructing single - family homes; and WHEREAS, Authority staff and consultants have presented proposed guidelines (the "Program Guidelines ") for a Columbia Heights Residential Lot Sales Program (the "Program "), pursuant to which the Authority will sell the Property to qualified purchasers; and WHEREAS, the Board of Commissioners of the Authority has reviewed the proposed Program and Program Guidelines and finds that such Program Guidelines will facilitate the sale of the Property and the construction of single - family homes, thus adding attractive and varied housing stock within the City, and further finds that the Program is in the best interest of the City and its residents and thereby serves a public purpose; and WHEREAS, pursuant to Minnesota Statutes, Sections 469.090 to 469.1082 (the "EDA Act"), the Authority must hold a public hearing prior to any sale of Authority property; and WHEREAS, the Board of Directors of the Authority (the `Board ") has determined to hold the required public hearing and consider the terms of the proposed sale of real property pursuant to the Program Guidelines in connection with the Program. NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Columbia Heights Economic Development Authority, that: 1. The Board approves the Program and Program Guidelines in substantially the form presented to the Board and on file at City Hall, subject to modifications that do not alter the substance or intended goals of the Program. 2. The Executive Director is authorized and directed to arrange for the publication of a notice of public hearing in the City's official newspaper, announcing a public hearing before the Board on October 5, 2015 at approximately 6:30 p.m. at City Hall, regarding the proposed sale of Authority land in connection with the Program. The notice shall be published in the newspaper at least 10 days but not more than 20 days prior to the public hearings, and shall be in substantially the form attached as Exhibit B to this resolution. Published notice should be sufficiently conspicuous in size and placement to distinguish the notice from the surrounding text. 3. Authority staff and consultants are authorized and directed to take all other actions 467196v1 MNI CL205 -3 necessary to implement the Program, including the drafting of any contracts or conveyance documents required in connection with the Program and Program Guidelines. Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 8th day of September, 2015. President ATTEST: Executive Director 467196v1 MNI CL205 -3 _4 is PROPERTY 4606 Polk Street NE 4636 Polk Street NE 4631 Pierce Street NE 4641 Tyler Street NE 4600 Polk Street NE 4648 Polk Street NE 4147 7t' Street NE 4618 Polk Street NE 467196A MNI CL205 -3 EXHIBIT B NOTICE OF PUBLIC HEARING Notice is hereby given that the Board of Commissioners of the Columbia Heights Economic Development Authority, Columbia Heights, Minnesota, will meet at approximately _ p.m. on Monday, October 5, 2015 at City Hall, Columbia Heights, Minnesota, to conduct a public hearing regarding the proposed sale of certain property within the City at the following addresses: 4606 Polk Street NE 4636 Polk Street NE 4631 Pierce Street NE 4641 Tyler Street NE _ Reservoir Boulevard 4600 Polk Street NE 4648 Polk Street NE #1 4147 7' Street NE 4618 Polk Street NE Quincy Street The Authority intends to convey the properties to private developers in furtherance of the Authority's goals for its Columbia Heights Residential Lot Sales Program. A copy of all documents relating to the proposed sale of land will be on file and available for inspection at City Hall during regular business hours. At the public hearing, the Board of Directors will meet to consider whether the sale is advisable. Any person wishing to express an opinion on the matters to be considered at the public hearing will be heard orally or in writing. Dated: 2015 /s/ Walter Fehst Executive Director 467196v1 MNI CL205 -3 Single Family Home Lot Sales Program CH COLUMBIA HEIGHTS COMMUNITY PROFILE There is renewed interest in constructing new single family homes in the first ring suburbs of Minneapolis and St. Paul. Living closer to the urban core allows people to have shorter commutes to work, and a plethora of dining and entertainment opportunities. Columbia Heights is well positioned as a first ring suburb, directly adjacent to booming Northeast Minneapolis. Columbia Heights offers high - quality lots in existing neighborhoods with close proximity to both Downtown Minneapolis and the northern suburbs. Despite only being two and a half miles from Downtown i ;�ftz Minneapolis, Columbia Heights offers small town amenities, such as our own "Main Street" along Central Avenue, our award winning School District, as well as neighborhood and regional parks. Public and private reinvestment continues to occur in Columbia Heights, including the construction of a new, state -of -the -art Public Library, new restaurant and shopping areas, and a water park -themed splash pad. Columbia Heights has many community amenities, and provides exceptional real estate value to homebuyers. Columbia Heights continues to make a concerted effort to reinvest in its neighborhoods. Having implemented several housing reinvestment programs throughout the past several years, Columbia Heights is seeing a marked increase in new single family home construction. The lots that are for sale as a part of this program were strategically acquired by Columbia Heights' Economic Development Authority, and are ready to be developed. We welcome you to Rediscover the Heights! PROGRAM GUIDELINES This program is designed to sell residential lots to state licensed home builders for the construction of new single family homes. The City s Economic Development Authority (EDA) is only authorized to work with, and sell properties to, builders. The EDA considers proposals on a "first -come, fast- served" basis. The first proposal offering to buy the lot and build a house that meets established price and development guidelines will be presented to the EDA Board for consideration. The EDA Board retains absolute authority and discretion to decide whether or not to accept any particular proposal. Proposals must be submitted by state - licensed builders who have constructed at least three houses in Minnesota in the last five years, or have equivalent experience acceptable to the EDA. The house may be built speculatively or for a specific buyer, and it cannot be used as a rental property. The EDA will only accept proposals from state - licensed builders. The new owner - occupied single family home must have at least three legally conforming bedrooms, two bathrooms and a two car garage (which may be either attached or detached, depending on the property layout). Builders may propose to purchase a lot, subject to EDA requirements, or they may propose to purchase a six month option on the lot for a non - refundable fee of $1,000, renewable for one additional six month term for an additional non - refundable fee of $500. The option provides the builder with an exclusive right to purchase the lot and build a single family home, subject to EDA requirements. If the builder purchases the lot, the option fee(s) will be credited toward the purchase price of the property. If the builder opts not to purchase the lot, the option fee(s) will be retained by the EDA. As a condition of the option, the builder must list the lot with a "to -be- built" house plan displayed on the Multiple Listing Service (MLS) for the duration of the option. No single builder may hold more than 25% of the lot inventory in options. If a builder chooses to purchase a property, the builder must submit a proposal for the property that will be brought to the EDA Board for approval. Once approved, the builder is then required to provide a non - refundable earnest deposit of $2,000 within fourteen days. If the deposit is not received, the transaction will be cancelled. Costs associated with the closing are included in the price of the lot. FREQUENTLY ASKED QUESTIONS Are lot prices negotiable? No, a fair market price has been set for each lot. The EDA reserves the right to review and adjust lot prices periodically. Offers for less than the listing price will not be brought before the EDA under any circumstances. How are legal fees and closing costs handled? Legal fees and closing costs are included within the price of the lot. A $2,00o earnest deposit will be required within 14 days of EDA approval for all lot purchases. How does the EDA handle multiple offers? The EDA considers proposals on a "first -come, first - served" basis. This means that the first proposal with a full price offer for the lot will be presented to the EDA for its consideration. The EDA retains absolute discretion to decide whether or not to accept any particular proposal. Full price offers to purchase lots will take precedence over offers to purchase options on lots. Has the lot been surveyed? No survey work has been performed by the EDA. However, with prior consent of the EDA, the prospective buyer may have the lot surveyed by a registered land surveyor. The EDA and City retain the right to keep a copy of all official surveys as part of the public record for the property. What is the condition of the property? Each lot is sold "as is." The prospective buyer is responsible to perform all necessary improvement to the lot at its own cost. Is sewer and water available to the property? Sewer and water is available to each lot. Please contact the Columbia Heights Public Works Department (763 -706 -3700) regarding requirements for reconnecting to the system. How much time do I have to commence and complete construction? After purchasing a lot, construction should begin within a reasonable time period and be completed within one year. See the Purchase and Redevelopment Agreement for more details. What are the building requirements for a new home? All homes constructed through this program must contain the following: • Three bedrooms • Two bathrooms • Two enclosed garage stalls, accessible by a paved driveway • Windows on every wall of the home • Basements with at least one egress window • Two canopy trees in the front yard, and one canopy tree in the backyard (trees may be existing or new) • All required features of the State Building Code Can a new home become rental property? No, all lots purchased must be developed with owner occupied housing. A ten year deed restriction requiring over occupancy must be signed as part of the Purchase and Redevelopment Agreement. See Purchase and Redevelopment Agreement for more details. LOTS FOR SALE PROPERTY ADDRESS APPROXIMATE DIMENSIONS (wxd) AREA (sq. ft.J LOT PRICE 4606 POLK ST NE 50' x 128' 6,534 $15,000 4636 POLK ST NE 70'x 128' 7,840 $10,000 4641 TYLER ST NE 60' x 128' 7,840 $7,500 4600 POLK ST NE 50' x 128' 6,534 $15,000 4648 POLK ST NE 60' x 120' 7,840 $10,000 4147 7TH ST NE 30' x 129' 3,920 $7,500 4618 POLK ST NE 55' x 128' 6,534 $15,000 Please note that only lots listed on this chart are for sale. The City or EDA may own additional properties that are not for sale for various reasons. The City and EDA will not entertain offers for properties not actively listed for sale. Ili ddl ---d F=� 71 j LInD 01 OiV3 O -71 -4 I F- A S A d " M 6 Qa YLER_= _ -- ml m ml POLK TAYLOR _ ., ST a 0 3 .. n O r C 9 2 [�7 .6 m - -- -- L� L--'Z FI R I —ST- PIERCE D A RESERVOIR BLVD JOHNSON ST ADDITIONAL INFORMATION Thank you for your interest in developing housing in the City of Columbia Heights. For more information about this program, please visit www.columbiaheightsmn.gov or contact the Community Development Department at (763) 7o6- 3670. COLUMBIA -HEIGHTS - REDISCOVER THE HEIGHTS PROPOSAL FORM (Please detach and submit the this section and submit it to the Community Development Department) PROPERTY ADDRESS: CHECK ONE: _ BUILDER OFFERS $ TO PURCHASE THIS LOT _ BUILDER OFFERS $1,000 FOR A SIX -MONTH OPTION TO PURCHASE THIS LOT FOR $ This proposal is not a purchase agreement or other binding contract. At this time, the Builder is submitting a proposal to purchase this lot and build a new single family house in accordance with the RFP Guidelines, or is requesting a six- month option for the same. If a builder's proposal is tentatively accepted by the EDA Board, then EDA staff would work with the Builder to determine the specific house plan and present it at the next EDA meeting. If the EDA Board gives final approval at that time, the Builder would sign a Purchase & Redevelopment Agreement, and provide $2,000 earnest money for the lot. Only after such Agreement is signed would a binding contract exist between the EDA and Builder. Builders may purchase a 6 -month option on a lot for $1,000, renewable for an additional 6 months for an additional $500. The option provides the builder with exclusive right to purchase the lot and build a house subject to the normal EDA process, requirements and guidelines. As a condition of the option, the builder must list the lot with a to -be -built house on the MLS for the duration of the option. The number of options is limited. No builder may have option on more than 2S% of the Program's lots. BUILDER: (Builder is required to be a Residential Building Contractor licensed by the State of Minnesota.) Name: State License Number: Phone: Address: City/State /Zip: Email: Website: REQUIRED ATTACHMENTS AND ADDITIONAL INFORMATION: Attach one representative example of a house you would plan to build on this lot if your proposal is selected. If does not need to show exactly how it would be placed on the lot, it just needs to show the approximate size, quality and features you would anticipate a new house would have on this lot. A specific house plan would be determined after a proposal is tentatively accepted by the EDA. The EDA will only sell lots to builders who have experience in house construction in Minnesota. Please list the addresses of three houses you have built in Minnesota within the last five years, or attach other evidence of qualification for review by the EDA. House #1: House #2: House #3: PROPOSAL GUIDELINES Please provide the following information regarding the lot(s) intended for purchase: A. Legal Description: The property is legally described as B. Anticipated Timeline for Lot Sales. After a builder submits a qualifying proposal, the timeline is as follows: • EDA meeting #1: EDA rejects or tentatively accepts Builder's proposal. If accepted, Builder prepares detailed house plans for EDA public hearing. • EDA meeting #2 (approximately one month after #1): EDA holds public hearing and considers a resolution authorizing the lot sale. • 14 days after EDA meeting #2: Deadline for Builder to sign the Purchase & Redevelopment Agreement and pay $2,000 nonrefundable earnest money. • 60 days after EDA meeting #2 Deadline for Builder to close on the lot purchase. C. Deadline for Completion. Construction of the new house must be completed within one year of EDA meeting #2 (see above) D. Specifications. 1. Grading & Drainage a) The lot is generally b) Drainage from the house, garage, driveway and any other structures shall be accommodated on the site so that water flow onto adjacent properties is minimized. Builder's final grade shall carry water primarily to the street. If determined by the Building Official to be necessary, Builder will install rain gutters to direct roof runoff to minimize impacts on adjacent properties. Builders will restore any disturbed turf or landscaping. c) Builder will follow Best Management Practices to minimize erosion and runoff onto adjacent properties and public ways. At a minimum, Builder will install silt fencing or wattle lots to prevent runoff silt from flowing ono the street or adjacent properties. 2. Utilities a) Utility meters shall be reasonably screened from street view; locations must be specified on the plans submitted with the building permit application. b) All utility service lines shall be underground. Utilities may locate necessary facilities such as pedestals or boxes in the street right -of -way or utility & drainage easements. c) Any expenses for connection of the house to utilities shall be the responsibility of Builder, including any necessary landscaping or sidewalk, curb or pavement work, but excepting reasonable costs associated with sewer stub replacement discussed in e) below d) Municipal Water. Municipal water is available at the lot line along There are no WAC charges. e) Municipal Sanitary Sewer. There are There are not SAC charges levied by Metropolitan Council Environmental Services. f) Private Utilities, including natural gas( ), electricity ( ), telephone ( ), and cable television ( ). The house shall access private utilities via underground connections only. * *Describe where utilities are located * ** g) Questions regarding city utilities should be directed to Columbia Heights Public Works Department at 763- 706 -3700. Questions regarding private utilities should be directed to the respective utility company. 3. Driveways and Curb Cuts a) A hard surfaced driveway is required to provide access from the street to the new house's garage. b) The driveway approach (the area between the street and the front lot line) must tie into and match the existing curb cut. c) Alternatively. Builder may install a wider curb cut, up to a maximum of 22 feet, at its own expense. (A separate permit and escrow are required.) d) In no circumstances shall the curb cut or driveway approach from the curb cut to the lot line exceed 22 feet in width. e) Once onto the subject property, the driveway may exceed 22 feet in width provided it also does not exceed the width of the overhead garage doors plus six feet. f) The house's building permit application must include a site plan showing the proposed driveway layout. 4. General Construction Practices. The construction site, neighboring property and adjacent public streets shall be kept free of construction debris at all times, and Builder must have a construction dumpster to prevent debris from being scattered or blown around. S. Building Standards. a) Compliance with Columbia Heights City Code. b) Minimum required setbacks for the house are as follows: 25' from the front lot line, 20% of lot depth for the rear lot line and _' from the side lot lines. c) The houses shall have at least three bedrooms and two bathrooms. d) The house shall have a full depth basement, unless the selected design results in a split level /garden level type of basement. At a minimum, basements shall have at least one egress window and a rough in for a future'' /. bath. Additional basement windows are desirable. Slab houses and crawlspace houses will not be considered by the EDA. e) Exterior materials (siding, soffit, doors and windows) shall be low maintenance. The use of brick or stucco is encouraged. Fiber cement siding or wood siding with natural resistance to decay are encouraged but they must be property stained or panted. Vinyl or other low maintenance siding materials are generally acceptable and can be made more desirable through the use of shakes and other ornamental design features. f) The house shall have a detached or an attached garage for at least two cars, accessed via a hard surfaced driveway from the street or alley. g) The design should emphasize the front door as the focal point for the front of the house. A large and usable (minimum depth 6 feet) front porch is desired. Garage door dominance in design should be minimized as much as possible. h) Plans should present a balanced and pleasing distribution of wall and window areas from all views. Each exterior wall must have at least one window. i) The new house shall be built with a passive venting system for radon gas reduction. j) The new house shall have Carbon Monoxide alarms in accordance with M.S. 299F.50 k) No equipment such as air - conditioning cooling structures or condensers that generate noise shall be located within a side setback, drainage & utility easement, or 10 feet of living quarters located in a building on adjacent property. 6. Landscaping. The lot shall be landscaped to be aesthetically pleasing in all seasons. Land forms and plant materials shall be used to define the site and blend neatly with adjoining property. At a minimum the following are required: • Plant two large species canopy shade trees in the front yard, and one large species canopy shade tree in the back yard (if none exist). • Grass or other vegetative cover must be provided to all non -paved outdoor surfaces. Species, size and specific locations of all new trees should be indicated on planting plan. Builder must submit a planting plan to the City for review and approval prior to planting. If Builder desires to close on the sale of the new house prior to completion and acceptance of the landscaping, the EDA may require that funds be escrowed by the Builder to guarantee that landscaping is completed in a timely manner after closing.