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Home My WebLink About2021-4022Contract # 2021-4022 FACADE IMPROVEMENT GRANT AGREEMENT � THIS FACADE IMPROVEMENT GRANT AGREEMENT ("Agreement"), dated this 3; day of September, 2021 (the "Effective Date"), is entered into by and between Tom Letness, Dairy Queen (the "Grantee"), and the Columbia Heights Economic Development Authority (the "EDA"). RECITALS WHEREAS, Grantee is the owner at certain Property located at 3959 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 Fagade 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 City, increase business vitality and economic performance in the City, and in certain instances, to provide monitored surveillance within the City; 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 i (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 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 (1/2) 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 of Improvement 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 Im rovements: 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, 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: i If to Grantee: Columbia Heights EDA Dairy Queen Community Development Department Attn: Tom Letness 590 40th Avenue N.E. 3955 Central Ave NE Columbia Heights, MN 55421 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. [Signatures to Appear on Following Page] IN WITNESS WHEREOF, Grantee and the EDA have signed this Agreement as of the day and year first above written. GRANTEE: Tom Letness Dairy Queen By: Name: Tom Letness Its: Authorized Representative Date: _ / 131a2 ( _. EDA: COLUMBIA HEIGHTS ECONOMIC DEVELOPMENT AUTHORITY By: Name: Kelli B eois Its: Executive Director Date: q - 7 4 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY THAT PRT OF BLK 4 WALTONS REARR OF LOTS 33 AND 34 BLK 6 RESERVOIR HILLS COL HGTS DESC AS FOL; BEG AT THE NW COR OF SD BLK 4 TH S ALG THE W LINE OF SD BLK 4 39.65 FT THE E PRLL/W THE N LINE OF SD BLK 4 128 FT TH N PRLL/W THE W LINE OF SD BLK 4 39.65 FT TO THE N LINE OF SD BLK 4 TH W ALG SD N LINE TO THE POB; SUB] TO EASE OF REC EXHIBIT B PROPERTY IMPROVEMENTS SUBJECT TO 50% REIMBURSEMENT This attachment contains a summary of the project identified in the application for the Fagade Improvement Grant Program. The Summary reflects the Grantee's proposed project as approved by the EDA on September 7', 2021 and may reflect minor changes to the total cost and minor changes in the proposed project that occurred subsequent to application submission. The application is incorporated into this grant agreement by reference and is made a part of this grant agreement as follows. If the application or any provision in this application conflicts with or is inconsistent with other provisions of this agreement or the project summary contained in this Attachment B, the terms and descriptions contained in this grant agreement and the Project summary shall prevail. Project Summary: Repainting of the entire exterior of the building totaling an amount equal to $3,500. 6 The lower part of the building, the darker color, is Benjamin Moore Timber Wolf #1600 and the upper part of the building, the lighter color, is Benjamin Moore Pebble Beach #1597. The alternative Sherwin Williams colors are Earl Gray SW7660 on the bottom and Misty SW6232 on the upper part. (Low Luster) There is a Red Accent Color underneath the walk-up windows. Benjamin Moore Dairy Queen Red or Sherwin Williams Safety Red SW4081(Semi-Gloss)