HomeMy WebLinkAbout20180326_EDA_MinutesECONOMIC DEVELOPMENT AUTHORITY (EDA)
MINUTES OF THE SPECIAL MEETING OF
MARCH 26, 2018
The meeting was called to order at 6:30 pm by President, Marlaine Szurek.
Members Present: Murzyn, Schmitt, Buesgens, Williams, Novitsky, Herringer and Szurek
Staff Present: Walt Fehst, Keith Dahl, and JosephHogeboom
PLEDGE OF ALLEGIANCE - RECITED
OATH OF OFFICE -Gerry Herringer was sworn in for his new term by Walt Fehst.
BUSINESS ITEMS
1. First Amendment to the Purchase Agreement for 4201 Jefferson St NE- Resolution 2018 -05
Dahl told members that on December 4, 2017, the Columbia Heights Economic Development Authority (the
"EDA ") approved Resolution 2017 -31, a resolution which approved the Purchase and Redevelopment Agreement
with Home Detail, Inc. (the "Agreement ") for the acquisition of 4201 Jefferson street NE, Columbia Heights, MN
(the "Subject Property "). Pursuant to the Agreement, the "Date of Closing" was required to be no later than February
4, 2018 (60 days from approval date of the Agreement). However, Home Detail, Inc. was unable to satisfy the
aforementioned provision in said Agreement, and has requested a 30 day extension to the "Date of Closing ".
Therefore, please find attached for approval consideration the First Amendment to the Agreement which extends the
"Date of Closing" to April 25, 2018 (30 days from the date of this First Amendment). Also please note, if Home
Detail, Inc. is unable to purchase the property within the specified extension period, the Agreement will be rendered
null and void, and EDA staff will begin to accept other applications from Minnesota Licensed Home Builders for the
purchase of the Subject Property. Furthermore, it should also be noted that if this happens, the earnest money
deposited in the amount of $2,000 by Home Detail, Inc. is non - refundable and will not be reimbursed.
Staff recommends approval of Resolution 2018 -05 as presented.
Questions /comments from members:
Szurek questioned why Home Detail was unable to close on 4201 Jefferson Street NE and 4641 Polk Street NE in
the allotted time given by the Purchase Agreement, but that she would be in favor of approving a 30 extension for
both properties.
Herringer stated that he will reluctantly vote in favor of both extensions, but insisted that the Columbia Heights
Economic Development Authority should not approve any further extensions for Home Detail.
EDA Minutes
Page 2
March 26, 2018
Motion by Buesgens, seconded by Mug^ yn, to waive the reading of Resolution 2018 -05, there being ample copies
available to the public. All ayes. MOTIONPASSED.
Motion by Buesgens, seconded by Mug^ yn, to adopt Resolution 2018 -05, a resolution approving a first amendment of
a purchase agreement between the Columbia Heights Economic Development Authority and Home Detail, Inc. All
ayes. MOTION PASSED.
RESOLUTION NO. 2018 -05
RESOLUTION APPROVING A FIRST AMENDMENT OF A PURCHASE AGREEMENT BETWEEN
THE COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND HOME DETAIL, INC.
BE IT RESOLVED BY the Board of Commissioners ('Board ") of the Columbia Heights Economic Development
Authority (the "Authority ") as follows:
SECTION 1. RECITALS.
1.01. The Authority currently administers its Single Family Home Lot Sales Program within the City of
Columbia Heights (the "City "), pursuant to Minnesota Statutes, Sections 469.090 to 469.1081, as amended.
1.02. Pursuant to a duly noticed public hearing on the sale of Authority property, the Authority and Home
Detail, Inc. (the "Buyer ") executed a Purchase Agreement, dated as of December 4, 2017 (the "Agreement "),
providing for the conveyance by the Authority to the Seller of certain property located at 4201 Jefferson Street NE
within the City, legally described as follows:
Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota (the "Property ").
1.03. The parties have negotiated and propose to execute a First Amendment to the Agreement (the "First
Amendment ") to extend the deadline for the conveyance of the Property.
SECTION 2. FIRST AMENDMENT APPROVED.
2.01. The First 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 First 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
First 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.
EDA Minutes
Page 3
March 26, 2018
ORDER OF ECONOMIC DEVELOPMENT AUTHORITY
Passed this 26th day of March, 2018
Offered by: Buesgens
Seconded by: Murzyn
Roll Call: All ayes
President
Attest:
Assistant Secretary
FIRST AMENDMENT TO PURCHASE AGREEMENT
4201 Jefferson Street NE, Columbia Heights, Minnesota
This First Amendment to Purchase Agreement ( "Amendment ") is made this day of March, 2018 by and
between Columbia Heights Economic Development Authority, a Minnesota public body corporate and politic under
the laws of Minnesota (the "Seller "), and Home Detail, Inc., a Minnesota corporation (the "Buyer ").
WHEREAS, the Seller and the Buyer entered into that certain Purchase Agreement dated as of December 4,
2017 (the "Agreement ") providing for the conveyance by the Seller to the Buyer of certain property at 4201
Jefferson Street NE located in the City of Columbia Heights, Anoka County, Minnesota and legally described as
follows:
Lot 16, Block 32, Columbia Heights Annex to Minneapolis, Anoka County, Minnesota
(the "Property "); and
WHEREAS, due to unanticipated delays, the parties have determined to 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:
Amendment to Paragraph 4 of the Agreement. Paragraph 4 of the Agreement is amended as follows:
Price and Terms. The price for the Property is $35,000 ( "Purchase Price ") which Buyer shall pay as follows:
nonrefundable earnest money of $2,000 by check, receipt of which is hereby acknowledged by Seller. The balance
of the Purchase Price must be paid by certified check or wire transfer on the Date of Closing. The "Date of Closing"
shall be no later than April 25, 2018.
2. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain in full force and
effect.
EDA Minutes
Page 4
March 26, 2018
IN WITNESS WHEREOF, the parties have executed this First Amendment to Purchase Agreement as of the date
written above.
BUYER
HOME DETAIL, INC.
Its
SELLER
COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT AUTHORITY
By:
Its: President
By:
Its: Executive Director
2. First Amendment to the Purchase Agreement for 4641 Polk Street NE- Resolution 2018 -06
Dahl told members that on December 4, 2017, the Columbia Heights Economic Development Authority (the
"EDA ") approved Resolution 2017 -32, a resolution which approved the Purchase and Redevelopment Agreement
with Home Detail, Inc. (the "Agreement ") for the acquisition of 4641 Polk Street NE, Columbia Heights, MN (the
"Subject Property "). Pursuant to the Agreement, the "Date of Closing" was required to be no later than February 4,
2018 (60 days from approval date of the Agreement). However, Home Detail, Inc. was unable to satisfy the
aforementioned provision in said Agreement, and has requested a 30 day extension to the "Date of Closing ".
Therefore, please find attached for approval consideration the First Amendment to the Agreement which extends the
"Date of Closing" to April 25, 2018 (30 days from the date of this First Amendment). Also please note, if Home
Detail, Inc. is unable to purchase the property within the specified extension period, the Agreement will be rendered
null and void, and EDA staff will begin to accept other applications from Minnesota License Home Builders for the
purchase of the Subject Property. Furthermore, it should also be noted that if this happens, the earnest money
deposited in the amount of $2,000 by Home Detail, Inc. is non - refundable and will not be reimbursed.
Staff recommends approval of Resolution 2018 -06 as presented.
Questions /comments from members:
No questions or comments. Discussion was held during the previous item.
Motion by Herringer, seconded by Novitsky, to waive the reading of Resolution 2018 -06, there being ample copies
available to thepublic. All ayes. MOTIONPASSED.
Motion by Herringer, seconded by Novitsky, to adopt Resolution 2018 -06, a resolution approving a first amendment
of a purchase agreement between the Columbia Heights Economic Development Authority and Home Detail, Inc. All
ayes. MOTION PASSED.
EDA Minutes
Page 5
March 26, 2018
RESOLUTION NO. 2018 -06
RESOLUTION APPROVING A FIRST AMENDMENT OF A PURCHASE AGREEMENT BETWEEN THE
COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY AND HOME DETAIL, INC.
BE IT RESOLVED BY the Board of Commissioners ( "Board ") of the Columbia Heights Economic Development Authority
(the "Authority') as follows:
SECTION L RECITALS.
1.01. The Authority currently administers its Single Family Home Lot Sales Program within the City of Columbia
Heights (the "City "), pursuant to Minnesota Statutes, Sections 469.090 to 469.108 1, as amended.
1.02. Pursuant to a duly noticed public hearing on the sale of Authority property, the Authority and Home Detail,
Inc. (the "Buyer ") executed a Purchase Agreement, dated as of December 4, 2017 (the "Agreement "), providing for the
conveyance by the Authority to the Seller of certain property located at 4641 Polk Street NE within the City, legally described
as follows:
That Part of Lot 23 lying north of the south 20 feet of said Lot 23, and Lot 24, in Block 1, Sheffield's Second
Subdivision, Anoka County, Minnesota according to the recorded plat thereof, and situate in Anoka County, Minnesota (the
"Property ").
1.03. The parties have negotiated and propose to execute a First Amendment to the Agreement (the "First
Amendment ") to extend the deadline for the conveyance of the Property.
SECTION 2. FIRST AMENDMENT APPROVED.
2.01. The First 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 First 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 First
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.
ORDER OF ECONOMIC DEVELOPMENT AUTHORITY
Passed this 26th day of March, 2018
Offered by: Herringer
Seconded by: Novitsky
Roll Call: All ayes
President
Attest:
Assistant Secretary
EDA Minutes
Page 6
March 26, 2018
FIRST AMENDMENT TO PURCHASE AGREEMENT
4641 Polk Street NE, Columbia Heights, Minnesota
This First Amendment to Purchase Agreement ( "Amendment ") is made this day of March, 2018 by and between
Columbia Heights Economic Development Authority, a Minnesota public body corporate and politic under the laws of
Minnesota (the "Seller "), and HOME DETAIL, INC., a Minnesota corporation (the "Buyer ").
WHEREAS, the Seller and the Buyer entered into that certain Purchase Agreement dated as of December 4, 2017 (the
"Agreement ") providing for the conveyance by the Seller to the Buyer of certain property at 4641 Polk Street NE 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 said Lot 23, and Lot 24, in Block 1, Sheffield's Second
Subdivision, Anoka County, Minnesota according to the recorded plat thereof, and situate in Anoka County, Minnesota
(the "Property "); and
WHEREAS, due to unanticipated delays, the parties have determined to 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:
Amendment to Paragraph 4 of the Agreement. Paragraph 7 of the Agreement is amended as follows:
Price and Terms. The price for the Property is $35,000 ( "Purchase Price ") which Buyer shall pay as follows: nonrefundable
earnest money of $2,000 by check, receipt of which is hereby acknowledged by Seller. The balance of the Purchase Price must
be paid by certified check or wire transfer on the Date of Closing. The "Date of Closing" shall be no later than April 25, 2018.
2. Miscellaneous. Except as amended by this Amendment, the Agreement shall remain in full force and effect.
(Remainder of this page intentionally left blank.)
IN WITNESS WHEREOF, the parties have executed this First Amendment to Purchase Agreement as of the date written
above.
BUYER
SELLER
HOME DETAIL, INC. COLUMBIA HEIGHTS
ECONOMIC DEVELOPMENT
AUTHORITY
Its
By:
Its: President
By:
Its: Executive Director
EDA Minutes
Page 7
March 26, 2018
OTHER BUSINESS
There was no other new business. The next regular meeting is scheduled for Monday, April 2"d
The meeting was adjourned at 6:43pm
Respectfully submitted,
Keith Dahl
Secretary