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Home My WebLink About2018-2902.12FA('ADE IMPROVE"Aff"N"I" GRANTAGREENIENT f11 V,,WADF INJpR.0VL-,'MEN I,-Agreenwnt-), dated this 6th day (A'AI10USL,-2WS (the"E .teeth e Date"), is entered into by and [xivveen N,IcAlpin Agency, hic, a Minnesota corporation (LhC "Grantee"), and the Columbia Hei,flits Econornic Devek)prnent Authority (the -EDA-), R F-11 (TYA L S Grantee is a tenant at certain property located at 3990 Central Avenue NIE In the City Of C'OlUmbia Heights (the 'City"). Anoka County, Nfinnesoia, and legally described in 1xhibit A hereto (the "Property"); WHEREAS, the EDA, in ca operation Nith the City and its police departinent, has instituted I Facade Improvement Grant program (the "Program") for the purpose ofrevitallz.in.,; existinz, store fronts. increasinL, business vitality and econornic performance, and decreasing crirnina,l activity; WHE'RFAS, as part ofthe program, the EDA has proposed to make rants ofnioricy in the rnaxim I IIII a ITRI Lill t of 1$ 5.0('r0J)0 per. parce I of reaI property, to property owners, tenants, or nonprofit organizations, in order to revitolize, rehabilitate, and restore exterior store fronts \,vithin the Central Business District in die ("Ity (the "CBD'*), increase business vitality rand economic perforr-riance in the CBD, and in ceilain instances, to provide monitored surveillance within the 11 1BD and WI-11"REAS, Grantee desires to participate in 0-le Program. on tyre teinIs ,arid conditions set forth below, AV, 14-1FRER, RE-- in consideration of the promises and of the 11101,eenielits hereinafter contained, the parties agree as follows: I In-i rovernents: Grantee a)rces to complete the impiovernents, at thermat,- n - - - C Property that are identified On Exh'bit B attached hereto (the Amprovernei)ts-), stdjecl to the following terins and conditions, If 'requested by the EDA, Grantee shall provide plans and specifications to the EDA, detailing the Improvements to be constructed (the "Plans"'). If Grantee wishes to revise the Plans, Grantee MUSt Submit the revised Plans to the EDA at the address provided herein, The EDA shall give written notice of its approval or disapproval of the revisions to the Plans, and if the EDA does not give SUCh written approval or- disapproval within lei) ( 10) bUSinCSS clays after receipt of Grantee's revised Plans, the EDA shall he deerned to have approved the revisions to the Plans, 1), HIC IITIPMVerflent shall be ccnistructed consistently with the Plans, as the saine may be revised pursuant to SeCtiOn I (a) herein The cost to Complete construction (if' tile Improvements shall be def'med r.is the Irnprovernent Costs." The improvements shall be completed In a first-class marmer, consistent with the Plans, It"Irly, and in compliance with A applicahie lavl;s, rules, and rCI)LJIatI0nS, (iramee shall obtain all required permits and approvals from the City and ally other governino authority with jurisdictlon over the Property related to the construction of the Improvements, The out-of, pockm costs to,' such pci-mitting and appi,ovals shall be the responsibdity of' Gralitee, provided the sarne shall 'be included in the definition of "Improvement Costs, and ;ubjecl to the provNions of eclion 2 OF rhis ALL-eevrrent c. Grantee agi,ees to commence the Improvements within sixty (60) days following the Effective Date. and to complete the Improvements within six (6) months 1011c)wIll", the Issuance ofail necessary budding permits, but ill r10 event hater than eight (8) months Tfeth ecfollowingEZI ' tive Date. Pavment ol-Grant Funds: Grantee shall be responsible for makin2 initial payment to all contractors involved in [lie construction of the finproverneotS, LJpOn find COMpletioll of the Improvements. (irantee shall make a written reqUest to file EDA f'c)r reimbursement of one-half'( 1/2) ofthe actual Improvement (.'osts incurred by Grantee. but M no event shall the reimbursement exceed Five Thousand Dollar- :s WI000,04 The written reLILICSt, Shall include: Proof of firmi inspection of the Improvements by the City building ' 1 lllsj,)ector: Before and after photographs of the Property, reflecting the Improvements made (as swell as follow-Up transmission of electronic files of'such photographs), and reflectin- that the Improvements ",ere completed ca- msjstenfly with any approved Plaiis-, A copy of the final invoice(s) received fi-orn the contractor(s) who cornp!eted the lrnprovements„ and Ploof of,payment of Invoice(s) that comprised the improvement Co ts, Fcdkm,ill 7 , Grantee's written request for reimbursernent. Grantee shall coopenate wAJtjj the EDA in delivering to the EDA such fOlIOW-Up infor-ination as is reasonably requested by the EIDA in order to review the Improvernents and Improvement Costs 'osts rcimbUrSClueut rcqUeSt. Within twenty-one (2 1 ) day's f6flowlill", receipt of Grantee's written I-eC]LIeSt for reimbursement of Improvement Costs. the FDA shall: (i) make payment of the rcimbursement, (6) send Grantee vvi-Aten explanation of'such olher items of information as are needed by the FDA to evaluate the reimbursement request, or (Ji) serid Gnantee written explanation of the EDA's reasons for denial of' rjnent ot'any ol'Grantee's requested rCill) bl.H-Sel'uellt, repa" I i ements: Neither the City nor the E DA shall in any event be Hable1jabiLiLyoijoL_- _ _pL.A -— - to the Grantee, nor to any of its agents, employees, (.1Uests or, invitees cat the Property for,, and the (;rantee shall indemnify, save, defend, and hold harmless the City and tile FDA from, any claims or causes of action, including attorney's fees incurred by the City or the FDA isin- from defect or claimed defect ofanIarL y offlic Irnprovements, orarising,6om any action o[ihuUtyortbe FDA under dhis&L rcuncnL Thissecbon ohaU surv}ve dbctern jna\ion orexpinadvnuiObio}\gctemem, Notice: Written VVheweraoy octiuc is raqoircd orpermAted bcrcundcr% yuch uotiue shall bcinnmiting. Any notice or document required orpeoniHedtobcdc8Nwred horcrundcrabuU be deemed to beddivemd whco ucuu|t received by the deaignu1mj addressee or n:gon|(css of whether actually roccived or omi, whai del°aii*d in the Dohed 3twemK4oiL postage prqzoid, certified mui[, nuturn mccip1 ncgursted, addressed in thcpombs hereto at their reupechvvudd#yse, ovw{ foMh he|on, oruY such other address as they may subsequently specify hI written notice Community Development Deparunent Attn: Steve McAlpin 590 40"' Avenue N.E. 3990 Central Avenue NE 10wribia Heights, ION 55-12f ColumHa 1--feights, MN 55421 Thcpuragnaph bcadQsorcaptions appearing in this Agreement are for convenience only,arc not u pan of this Agrccmcuq and are not tn be000sidercd in interpreting this Agreenocnt This Agr*cnncot constitutes the uomMc1e ugrecrocnl between the panics and supersedes any prior oral urwnlen agcccmorua bctvvceu the pm1ks rcgunJiu hc subject n uterco uincd herein, Thenc arcno verbal ugrecmcn|s that change this Agreement, Ilk Agreement bioJmand hencfitstheputricsberc|ound(beirsucocsxursunduonQnamiuAgrecmen|buobecn m4dcunderihe|uwyofthnS<4|cofN/inocsotu,aodo/ub|avvawi||oon\ro|ity IN WITNLI SS (Jaantce and the IMA luve sQmd ON Agmemart as of dja,, day ind ear firsi above V\ ritten, GRANTED McAlpin Agency hi(, a Mmsma cmTomtion too" Oro" Bv: AmeAteve KRAWn HS: Whorized Represet] 1.1tive Date: EDA: COLUMBIA HEIGHTS FCONiOi\,IR" D1.-,VlTOPk1J---,NT AUTHORHY N& : Its: President lhlc LEGAL DESCRIPTION OFFROPERTY The Certain reed property in Anoka County, Minnesota, legally described is foHows: L,oLs 1 and 2, Block 62, C'(,flurnbia lfeigh s Annex to Vlinneapolis, Anoka CoumY. 'N'I Jill iesot& EXINBI'l B PROPERTY IMPROVEMENTS SUBJ ,CT '1'050",46 REAMBURSENIEN]"' Thk attachman contains a swmnaq of be project AMU in the application for the, Fa,,,,We Imptovernew (3'rarvt Program, The summmy reflects the Wanwe's prxqNwed project as approved by the FDA (m Augma 6. 2018 3r1d May reflect rninor changes to the total cost art(j t,nijju:)r chmy" in Te pnTosed paIject that (MCLwred subsequem to ;Tplkwtimi wiNnissUm Ile aprdicadon is incorporated into this grant agreement Q reterence and is macle to part of this grant agmenwnt as Mows. HAS application or any provision in this application conflicts with or ,isis inconsistent vith other rvoidsions of Ohs agmernmr! or be project summary contained in this Attachment B, the terms and descriptions amnakied in dris grant agreement arA the pnoect surnmary shall prevail. Prcject Summa, CamT) or Amning Install0ion; and InstaHmimi of how or Renmawd Atuiched hwahng an mm"m equal v) $1995,