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
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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
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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
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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
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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
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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.
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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
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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.
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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
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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.
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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.
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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
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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.
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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
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46581842 MNI CL205 -23
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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
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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.
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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.