HomeMy WebLinkAbout2020-3062.18FA�ADE IMPROVEMENTGRANTAGREEMENT
THIS FA(:ADE IMPROVEMENT GRANT AGREEMENT ("A greement"), dated this
18 th day of September, 2020 (the "Effective Date"), is entered into by and between VFW Post
230 a Minnesota Nonprofit Corporation (the "Grantee"), and the Columbia Heights Economic
Development Authority (the "EDA").
RECITALS
WHEREAS, Grantee is the owner of at certain Property located at 4446 Central Ave NE
in the City of Columbia Heights (the "City"), Anoka County, Minnesota, and legally described
in Exhibit A hereto (the "Property");
WHEREAS, the EDA, in cooperation with the City and its police department, has
instituted a Fa9ade Improvement Grant Program (the "Program") for the purpose of revitalizing
existing store fronts, increasing business vitality and economic performance, and decreasing
criminal activity;
WHEREAS, as part of the Program, the EDA has proposed to make grants of money in
the maximum amount of $5,000.00 per parcel of real property, to property owners, tenants, or
nonprofit organizations, in order to revitalize, rehabilitate, and restore exterior store fronts within
the Central Business District in the City (the "CBD"), increase business vitality and economic
performance in the CBD, and in certain instances, to provide monitored surveillance within the
CBD; and
WHEREAS, Grantee desires to participate in the Program, on the terms and conditions
set forth below.
NOW, THEREFORE, in consideration of the premises and of the agreements hereinafter
contained, the parties agree as follows:
1.Property Improvements: Grantee agrees to complete the improvements at the
Property that are identified on Exhibit B attached hereto (the "Improvements"),
subject to the following terms and conditions:
a.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 ten (10) business days after
receipt of Grantee's revised Plans, the EDA shall be deemed to have approved
the revisions to the Plans.
b.The Improvement shall be constructed consistently with the Plans, as the same
may be revised pursuant to Section l(a) herein. The cost to complete
Contract # 2020-3062.18
construction of the Improvements shall be defined as the "Improvement
Costs." The Im provements 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 permits and approvals
from the City and any other governing authority with jurisdiction over the
Property related to the construction of the Improvements. The out-of-pocket
costs for such permitting and approvals shall be the responsibility of Grantee,
provided the same shall be included in the definition of "Improvement 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 of all necessary building permits, but in no
event later than eight (8) months following the Effective Date.
2.Payment of Grant Funds: Grantee shall be responsible for making initial payment to
all contractors involved in the construction of the Improvements. Upon final
completion of the Improvements, Grantee shall make a written request to the EDA for
reimbursement of one-half (l /2) of the actual Improvement Costs incurred by
Grantee, but in no event shall the reimbursement exceed Five Thousand Dollars
($5,000.00). The written request shall include:
a.Proof of final inspection of the Improvements by the City building inspector;
b.Before and after photographs of the Property, reflecting the Improvements
made ( as well as follow-up 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 Improvements; and
d.Proof of payment of invoice(s) that comprised the Improvement Costs.
Following Grantee's written request for reimbursement, Grantee shall cooperate with
the EDA in delivering to the EDA 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) days following receipt of Grantee's
written request for reimbursement oflmprovement Costs, the EDA shall: (i) make
payment of the reimbursement, (ii) send Grantee written explanation of such other
items of information as are needed by the EDA to evaluate the reimbursement
request, or (iii) send Grantee written explanation of the EDA's reasons for denial of
repayment of any of Grantee's requested reimbursement.
3.Liability for Improvements: Neither the City nor the EDA 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 from, any claims or causes of action, including attorney's fees incurred by the
City or the EDA, arising from defect or claimed defect of any of the Improvements,
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or arising from any action of the City or the EDA under this Agreement. This section
shall survive the termination or expiration of this Agreement.
4.Written Notice: Wherever any notice is required or permitted hereunder, such notice
shall be in writing. Any notice or document required or permitted to be delivered
hereunder shall be deemed to be delivered when actually received by the designated
addressee or regardless of whether actually received or not, when deposited in the
United States Mail, postage prepaid, certified mail, return receipt requested,
addressed to the parties hereto at their respective addresses, as set forth below, or at
such other address as they may subsequently specify by written notice.
If to the EDA:
Columbia Heights EDA
Community Development Department
590 40 th A venue N .E.
Columbia Heights, MN 55421
If to Grantee:
VFW Post 230
Attn: Kevin Gilbertson
4446 Central Ave NE
Columbia Heights, MN 55421
5.Captions; Choice of Law; Etc. The paragraph headings or captions appearing in this
Agreement are for convenience only, are not a part of this Agreement, and are not to
be considered in interpreting this Agreement. This Agreement constitutes the
complete agreement between the parties and supersedes any prior oral or written
agreements between the parties regarding the subject matter contained herein. There
are no verbal agreements that change this Agreement. This Agreement binds and
benefits the parties hereto and their successors and assigns. This Agreement has been
made under the laws of the State of Minnesota, and such laws will control its
interpretation.
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IN WITNESS WHEREOF, Grantee and the EDA have signed this Agreement as of the
day and year first above written.
GRANTEE:
EDA:
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VFW Post230
a Nonprofit Corporation
COLUMBIA HEIGHTS ECONOMIC
DEVELOPMENT AUTHORITY
By: Ii D�
Name: J1)0L(tk½---R ;�,, eLIts: (? CJ.P4j &,-yd
Date: 9 -.?-I -2. o ;:,)_ c>
EXHIBIT B
PROPERTY IMPROVEMENTS SUBJECT TO 50% REIMBURSEMENT
•Estimate for Window and Siding:
o Remove existing glass block on front (east side) of building
o Frame opening to receive three new Marvin Integrity windows
( commercial glass, non-functioning)
o Insulate and trim interior and exterior
o Interior and exterior trim to be determined
o Remove existing siding on the east side
o Frame east side accordingly and install new LP Smart side siding
•North Side Entry way:
o O Remove existing window
o Frame opening to receive new picture window ( commercial glass, non-
functioning)
o Insulate
o Trim interior and exterior accordingly
o Remove existing siding
o Install new LP Smart side siding
o Paint east side of building and entry way (color to be determined)
o Haul Debris.
o Supply any necessary Building Permit
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