HomeMy WebLinkAboutNov 7, 2016 minutesECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE SPECIAL MEETING OF
NOVEMBER 7, 2016
The meeting was called to order at 6:30 pm by Chair Gary Peterson
Members Present: Donna Schmitt,
John Murzyn, Bruce Nawrocki , Gerry Herringer, Bobby Williams, and Gary Peterson.
Members Absent: Marlaine Szurek
Staff Present: Walt Fehst and Joseph Hogeboom
PLEDGE OF ALLEGIANCE-
RECITED
CONSENT ITEMS
Approve the Minutes from October 24, 2016–
Motion by Nawrocki, seconded by Williams, to approve the Minutes from October 24, 2016 as presented. All ayes. MOTION
PASSED.
BUSINESS ITEM
1. Second Amendment-ACCAP Purchase Agreement for City Acquisition of 4641-43 Polk St-Resolution 2016-32
Hogeboom explained that the Columbia Heights Economic
Development Authority (EDA) previously approved a First Amendment to the Purchase Agreement on September 6, 2016 to extend the closing date to October 31, 2016. However, due to unanticipated
delays, ACCAP is requesting the closing date be extended again. For the EDA consideration tonight is a Second Amendment to the Purchase Agreement, which extends the closing for the sale
of the Property to take place on or before December 30, 2016. ACCAP intends to close on the Property this year with the EDA and is confident that the closing will happen before 2017.
Staff recommends the approval of Resolution 2016-32, a resolution approving the Second Amendment of a Purchase Agreement that will extend the closing date of the Property to take
place on or before December 30, 2016.
Questions from Members
Nawrocki inquired about what type of development staff anticipates going onto the property once the property is acquired.
Hogeboom indicated that the decision will be up to the EDA, but that staff will likely recommend incorporating the property into the Single Family Residential Lot Sales Program and demolishing
the existing structure.
EDA Minutes
Page 2
Nov. 7, 2016
Motion by Nawrocki, seconded by Murzyn, to waive the reading of Resolution 2016-32, there being ample copies available to the public. All ayes. MOTION
PASSED.
Motion by Williams, seconded by Murzyn, to adopt Resolution 2016-32, a resolution approving a Second Amendment of a Purchase Agreement between the Columbia Heights Economic
Development Authority and Anoka County Community Action Program. All ayes. MOTION PASSED.
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY
EDA RESOLUTION NO. 2016-32
RESOLUTION APPROVING
A SECOND AMENDMENT TO A PURCHASE AGREEMENT BETWEEN THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND ANOKA COUNTY COMMUNITY ACTION PROGRAM, INC.
BE IT RESOLVED BY the Board of
Commissioners (“Board”) of the Columbia Heights Economic Development Authority (the “Authority”) as follows:
Recitals.
1.01. The Authority currently administers the Downtown CBD Redevelopment
Project (the “Project”) within the City of Columbia Heights (the “City”), pursuant to Minnesota Statutes, Sections 469.090 to 469.1082, as amended.
1.02. The Authority and Anoka County
Community Action Program, Inc. (the “Seller”) executed a Purchase Agreement, dated as of May 26, 2016 (the “Agreement”), providing for the conveyance by the Seller to the Authority of
certain property within the Project and City legally described as follows:
That part of Lot 23 lying north of the South 20 feet of the SD Lot 23 and Lot 24, Block 1, Sheffields 2nd
Subdivision, County of Anoka, State of Minnesota (the “Property”).
1.03. On August 31, 2016, the parties entered into a First Amendment to the Purchase Agreement (the “First Amendment”)
to extend the deadline for conveyance of the Property.
1.04. The parties have negotiated and propose to execute a Second Amendment to the Agreement (the “Second Amendment”) to further
extend the deadline for the conveyance of the Property.
EDA Minutes
Page 3
Nov 7, 2016
Section 2. Second Amendment Approved.
2.01. The Second Amendment as presented to the Board 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 Second Amendment 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 Second Amendment 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 staff and consultants are authorized to take
any actions necessary to carry out the intent of this resolution.
Approved by the Board of Commissioners of the Columbia Heights Economic Development Authority this 7th day of November,
2016.
President
ATTEST:
Secretary
EDA Minutes
Page 4
Nov 7, 2016
SECOND AMENDMENT TO PURCHASE AGREEMENT
This Second Amendment to Purchase Agreement (“Amendment”) is made this ____ day of __________________, 2016
by and between Anoka County Community Action Program, Inc., a Minnesota nonprofit corporation (the “Seller”) and the Columbia Heights Economic Development Authority, a Minnesota public
body corporate and politic (the “Buyer”).
WHEREAS, the Seller and the Buyer entered into that certain Purchase Agreement dated as of May 26, 2016 (the “Agreement”) providing for the
conveyance by the Seller to the Buyer of certain property at 4641/4643 Polk Street located in the City of Columbia Heights, Anoka County, Minnesota and legally described as follows:
That
part of Lot 23 lying north of the South 20 feet of the SD Lot 23 and Lot 24, Block 1, Sheffields 2nd Subdivision, County of Anoka, State of Minnesota
(the “Property”); and
WHEREAS,
on August 31, 2016, the parties entered into the First Amendment to Purchase Agreement in order to extend the closing date to October 31, 2016 (the “First Amendment”); and
WHEREAS,
due to unanticipated delays, the parties have determined to further extend the deadline for closing on the conveyance of the Property.
NOW, THEREFORE, in consideration of the premises
and the mutual obligations of the parties hereto, each of them does hereby covenant and agree with the other as follows:
1. Amendment to Paragraph 7 of the Agreement. Paragraph 7 of
the Agreement is amended as follows:
CLOSING DATE. The closing of the sale of the Property shall take place on or before December 30, 2016 unless otherwise mutually agreed by the parties.
The closing shall take place at Columbia Heights City Hall, located at: 590 40th Avenue NE in Columbia Heights, Minnesota or such other location as mutually agreed upon by the parties.
2. Miscellan
eous. Except as amended by this Amendment, the Agreement shall remain in full force and effect.
(Remainder of this page intentionally left blank.)
EDA Minutes
Page 5
Nov 7, 2016
IN WITNESS WHEREOF, the parties have executed this Second Amendment to Purchase Agreement as of the date written above.
SELLER
ANOKA COUNTY
COMMUNITY
ACTION PROGRAM, INC.
By: ________________________________
Its: _________________________________
BUYER
COLUMBIA
HEIGHTS
ECONOMIC DEVELOPMENT
AUTHORITY
By: _________________________________
Its: President
By: _________________________________
Its: Executive
Director
OTHER BUSINESS
The meeting was adjourned at 6:35 pm.
Respectfully submitted,
Joseph Hogeboom
Secretary