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Home My WebLink About2018-2902.08RIFTITF-TITME FA(,'ADE 1,NIPRON"ENIE IndI'GRANI'A AREENIEN'I' THIS F A(AL)EIMPROVI-ME ' N I GRAM A(iRF,FMI--'N']'('*Agreenictit")., dated this 6'u` day (A'August, 20 18 (the "Effective Date'"'). is entered into by and between Chet's Shoes, ],lie. a Minnesota corporation (the -Grantee "'). and the CIolurribia Heights F.conornic Development Authority (thc -EDA-). WHEREAS. Grantee Is the o%vncl cd'cerlain Property located at 4357 Central Avenue NLI if] tile CitN'Of COILIT'libia Heights (the -Cify-), Anoka Comintv, Minnesota, and legally described ill Exhibit A hereto (tile "Property").- WHEREAS, the EDA, in cooperation with the City and its police depariment, has instituted a Faqade Improvement Grant Progy-mi (the "Program-) for the puipose ofrevitahzing existing store fronts, increasing business Otality and econornic performance. and decreasing criminal activity,' WHEREAS, as part ofthe Program. the ED A has proposed to make grants of nioney Ill tile maxirnUrti arnount of 55,000.00 per pat-M of'real property. to property owners, teriants, or nonprofit organizations. in order to revitalize, rehabilitate, and restore exterior store fronts within the C `entrap Business I I ) istricl in the City (tire "CBD"), increase business vitality and economic perf'ormance in the CBD, and ni certain instances, tear Provide monitored surveillance within, tire CB L)., and WHEREAS, Grantee desires to participate in the Program, oil the terms and conditions set forth helow. NOW. THERF"FORE, In cons] deration oftlic prcim . ses all(] offhe agreements hereinafter contained, tile pailies agree as RAIms: 1, Pr( E!_y L pj.)Lpy jnejits: Grantee agrees to curnplete tile iniprovernents at theTIP Properly that are identified on " Ex - I ' i " ib ' it B attached hereto (the "Improvements") subJect. to the fiollowing terms and conditions: If requested by the F.DA, Grantee shall provide plans and speel fiCati oils to the FA M. detailing the Improvements to be constructed (the -Plans"). 11'Grantce wishes to revise the Plans, Grantee must submit the revised plans to the FJ)A at the address provide(] herein, The FDA shall give written notice of its approval on- disapproval ofthe revisions to the Plans, and if the I'DA does not give such written approval or disapproval within tell (10) bUSiness days after receipt ol'Grantee's revised Plans, the EDA shall be deemed to have approved the revisions to the Mans, h 'Fire finprovenicnt shall be C011StrLICted consistently with the Plans, as the same, may bc revised pursuant to Section l(a) herein. The cost to complete construction of the Improvements shall be defined as the "Improvement Costs.'"' The Improvements shall be completed in a first-class manner, consistent with the Plans, if any, and in compliance with all applicable laws, rules, and regulations. Grantee shall obtain all required Penn is and approvals frorn the City and any other goveming authority with jurisdiction over the Property related to the construction (if the Improvements. The out-of-pocket costs for such permitting and approvals shall be the responsibility of(-JI'antee, provided the same shall be included in the definition of"Imprm',ernent Costs.— and subject to the provisions of Section 2 of this Agreement. c. Grantee agrees to commence the Improvements within sixty (60) days following the Effective Date, and to complete the Improvements within six (6) months following the issuance cif" rill necessary building permits, but in no event later than eight (8) months following the Effective Date, P-qyplent of - Q '" rai ' i ' t F " u snd : Grantee shall be responsible fbr making initial payment to all contractors im,,olved in the construction of the Improvernc tits. Upon final completion oftlic Improvements, Grantee shall make a written request to the EDA fim. reimbursement cif' one -half (I /2) of the actual Improvenient Costs incurred by Grantee, but in no event shall the reimbursement exceed Five "Thousand Dollars 5,000.00). The written req,uest shall include: a, Proof of final inspection of the Improvements by the C try building inspector, b. Bef6re and after photographs of the Property, reflecting the linproventents made (as well as follow-tip transmission of electronic files of such photographs), and reflecting that the Improvements were completed consistently with any approved Plans; c. A copy of the final invoice(s) received from the contractor(s) who completed the Iniprovernents; and d. Proof ofpayi-nent ofinvoice(s) that comprised the linprm,ement Costs. Following Grantee's written request for reimbursement, Grantee shall cooperate with the EDA in delivering to the FDA such follow-up information as is reasonably requested by the EDA in order to review the Improvements and Improvement Costs reimbursement request. Within twenty-one (21 ) day's following receipt of'Grantee's written request for reimbursement oflinprovement Costs, the EDA shall: (i) make payrrient of the reinibUrsClTient, (il) send Grantee written explanation of'such other items ofinfiorniation as are needed by the EDA to evaluate the reimbursement request, or (iii) send Grantee written explanation ofthe EAM's reasons fior denial of' repayment ol'any ol'Grantee's, requested reirnbursenient. 3. Liabilily_fo _LqIp jents. Neither the ("ity, nor the FDA shall in any event be liable to the Grantee, nor to any of its agents, employees, guests or invitees at the Property for, and the Grantee shall indemnify, save, defend, and hold harmless the City and the EDA frorn. any claims or causes of action, including attorney's 'fees incurred by the City or the EDA, arising trorn defect or claimed defect ofany of the Improvements, or arising from any, action ofthe City or the L"DA Under this Agreement, This, section shall survive the tcrminatron or cxpiration ofthis Agreement, 4 W.rJ"q,q,1,1.No.t1..cc: Wherever any notice is icquired or periniticd hercunder, such notice shall be in writing, Any nolicc or docuincrit required or pennitted to be delivered hereunder shall be deCITIed to he delivered w1mi actually received by the designated addressee or regardless o,f whether actually received or not, when 13cposited in the United Statcs Mad, postage prepaid, certificd mall, rcturn rccelpt requested, addressed to the parties hereto at their respective addresses, as so finih below, or ai such other address as they may subsequently spccify by written notice. Columbia Heights fHIDA artmentornmunityDevelopmentDep, 590 40"' AVCF]Ue N,,F, Columbia ff6ghts, MN 55421 Chei's Shoes, In(" Attn: Von Russimill 8870 Rendova St, Nf Circle Pines MN 55014 5, C,'qp , Choice of L'aw" Efc The pkaragraph headings or captions appcaring in thisq1k-,)Rk Agreement are f6r convcnicrice only, are not ;a part ofthis Agreement, and are not to be considered in interpreting, this Agreernent, This Agreement constitutes tic complete agreernent between the IxMiCS alld SUperscdes any pi-jor oral or \vritlen agreements between the panics regarding thc subject matter contained hercin. There are no verbal agrcemcnts that charige this Agreen-ient. This Agrectnent binds and beriefits the parties hcreto and thc1l"SUcccssors, and assigns, This Agreement has beoi madC Urldel- the laws ofthe State of'Mirinesota, and such laws will cc,,)ntrol its interpretatmil, Sagnejtm-e,s to Appeai, on ['011owing Pagel IN WITNESS WHEREOF, Grantee and the EDA have signed this Agreement as ofthc day and year Rrst alme mWen. GRANTEE: Chet's Sloes. Inc. a Wrimma empomtim By: Name: Von Russman Its: Authorized Representative Daw ED& COLUMBIA HEIGHT'S ECONOMIC DFVf,.'L()PNlEN'l ALFFHORYTY v: Nainc':'ia L' ' An— k0ek Its: President l3ate: MECIFFUM LEGAL DESC'RIPTION OF'PROPFRTY The certain real property in Anoka COL1111y, Minnesota. legally described as f'(.Mows: L,ot Seventecti (17), Flighteen (18). Nineteen (19), Block Two (2), Rescrvoir I I i [is, according to thc map or plat thercof'on file in(] ofrecord in the office ofthe register of [:)eels in and for Anoka COLInty Minnesota, Subject to a reservation to the State of%finnesola 6-1 tRISt t'()r taxing districls concerned ofall minerals acid Mineral rights, AND the North 30' of'Lol Twent ' \1 (20), Block, 'hw (2). Reservoir I Iflis, according to thc map or plat thereol'on file and record in the office ofthe Register ofDeeds iii and for Anoka County, Minnesota. All of'which property is SLJajCCI to as Utility easement in favor of'Northwcmcni Bell Tdcphone Company. an IOWaI COI-POT'Mi011 (DOCUment No. 85328). nK, I M I"ROI'ER'lINIPRON!E,NlENS SUBJECA" TO 500/6 REIN1111)"RSENIENT This attachment contains a surnmary of the profeet identified in the application for the Fars.adc Improvement Grant Program. The summary reflects the Grantee's proposcd project as approved by the EDA on August 6, 2018 and may reflect minor changes to the total cost and minor changes in the proposed pro ect that OCCUrred subsequent tO aj)PhCati011 SUNIIiSSi011. 111C application is incorporated into this grant agreement by ictiwrencc and is made as part of this grant agreeinent as follows. If" the application oi any provision in this application conflicts \vidi or is inconsistcnt with othcr provisions of dais agrcenwnt or the project summary contained in this Attachment 13. the terms and descriptions contained in this grant agreement and the pr(oJcct summary shall prevail. Pr(r_Iecl Summary Exterior Painting and FIxtenor Ijg)ifing totaling an atnount equal to S5,306,