HomeMy WebLinkAbout2009 03-09 EDAPEDA MEETING
City of Brooklyn Center
March 9, 2009 AGENDA
Call to Order
-The EDA requests that attendees turn off cell phones and pagers during the meeting. A
copy of the full City Council packet, including EDA (Economic Development Authority),
is available to the public. The packet ring binder is located at the front of the Council
Chambers by the Secretary.
2. Roll Call
3. Approval of Agenda and Consent Agenda
-The following items are considered to be routine by the Economic Development
Authority (EDA) and will be enacted by one motion. There will be no separate
discussion of these items unless a Commissioner so requests, in which event the item will
be removed from the consent agenda and considered at the end of Commission
Consideration Items.
a. Approval of Minutes
1. February 23, 2009 - Regular Session
• 4. Commission Consideration Items
a. Resolution Authorizing the Acquisition of Property in Connection with the
Redevelopment Planning for the Brookdale Mall Commercial Area
-2545 County Road 10/Boulevard Bar and Grill
Requested Commission Action:
-Motion to adopt resolution.
b. Resolution Approving Revisions to the Consultant Service Agreement with the
Greater Metropolitan Housing Corporation to Administer the City's Housing
Programs for Vacant and Foreclosed Homes
Requested Commission Action:
-Motion to adopt resolution.
5. Adjournment
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Items No, 3a
Agenda
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. MINUTES OF THE PROCEEDINGS OF THE
ECONOMIC DEVELOPMENT AUTHORITY
OF THE CITY OF BROOKLYN CENTER
IN THE COUNTY OF HENNEPIN AND THE
STATE OF MINNESOTA
REGULAR SESSION
FEBRUARY 23, 2009
CITY HALL - COUNCIL CHAMBERS
1. CALL TO ORDER
The Brooklyn Center Economic Development Authority (EDA) met in Regular Session called to
order by President Tim Willson at 8:30 p.m.
2. ROLL CALL
President Tim Willson and Commissioners Kay Lasman, Tim Roche, Dan Ryan, and Mark
Yelich. Also present were Executive Director Curt Boganey, Director of Fiscal & Support
Services Dan Jordet, Public Works Director/City Engineer Steve Lillehaug, Community
Development Director Gary Eitel, City Attorney Charlie LeFevere, and Carol Hamer, TimeSaver
Off Site Secretarial, Inc.
3. APPROVAL OF AGENDA AND CONSENT AGENDA
Commissioner Lasman moved and Commissioner Ryan seconded approval of the Agenda and
Consent Agenda, and the following item was approved:
3a. APPROVAL OF MINUTES
1. February 9, 2009 - Regular Session
Motion passed unanimously.
4. COMMISSION CONSIDERATION ITEMS
4a. RESOLUTION NO. 2009L04 OPTING NOT TO WAIVE LIMITED TORT
LIABILITY FOR 2009
Mr. Boganey introduced the item, discussed the history, and stated the purpose of the proposed
resolution.
Commissioner Lasman moved and Commissioner Roche seconded adoption of RESOLUTION
NO. 2009-04 Opting Not to Waive Limited Tort Liability for 2009.
. Motion passed unanimously.
02/23/09 -1- DRAFT
5. ADJOURNMENT
Commissioner Yelich moved and Commissioner Lasman seconded adjournment of the
Economic Development Authority meeting at 8:32 p.m.
Motion passed unanimously.
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02/23/09 -2- DRAFT
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yE-DA Agenda Item,
No. 4a
• EDA COUNCIL ITEM MEMORANDUM
DATE: March 4, 2009
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Resolution Authorizing the Acquisition of Property in Connection with the
Redevelopment Planning for Brookdale Mall Commercial Area (2545 County
Road 10/13oulevard Bar and Grill).
COUNCIL ACTION REQUESTED:
Motion to adopt the Resolution Authorizing the Acquisition of Property in Connection with
the Redevelopment Planning for Brookdale Mall Commercial Area (2545 County Road
10/Boulevard Bar and Grill).
BACKGROUND:
The February 23, 2009 City Council/EDA Work Session included a discussion on the
potential acquisition and demolition of the vacant Boulevard Restaurant site to promote
• redevelopment opportunities for the Brookdale Mall area. The consensus of the EDA
members was that the City should pursue the purchase of this property with available Tax
Increment Funds.
Attached for your reference is a copy of the staff memo.
PURCHASE AGREEMENT:
The attached purchase agreement provides for the EDA acquisition of the site for $675,000
with a closing date scheduled for April 1, 2009.
The agreement provides the City with pre-closing examination of title and environmental
inspection contingency, the option to extend the closing date for up to 60 days; and the
seller's option to remove all trade fixtures and other fixtures prior to the closing date.
BUDGET ISSUES:
The acquisition of this property is proposed to be funded from the 2008 TIF #3 Bond
Issuance which has a present balance of $3,071,044 which is available for redevelopment
activities and public improvements within TIF District #3.
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• Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY IN
CONNECTION WITH THE REDEVELOPMENT PLANNING FOR THE
BROOKDALE MALL COMMERCIAL AREA
WHEREAS, the Brooklyn Center Economic Development Authority ("EDA"), a
body corporate and politic organized and existing under the laws of the State of Minnesota, is
authorized to engage in development and redevelopment activities pursuant to Minn. Stat.
469.090 to 469.018 and related statutes; and
WHEREAS, the EDA would like to acquire the property located at 2545 County
Road No. 10 (Boulevard Bar & Grill), legally described as Tract A, Registered Land Survey No.
1430, Hennepin County, MN (the "Property"); and
WHEREAS, EDA has the authority to acquire the above property per the terms of
the purchase agreement that the EDA approves;
• NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center, Minnesota that the acquisition of the Property
is hereby authorized.
BE IT FURTHER RESOLVED that the President and Executive Director of the
EDA are authorized to execute the approved purchase agreement for the Property and all
documents and instruments necessary to implement the terms of the purchase agreement.
Date President
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken thereon, the following voted in favor thereof:
and the following voted against the same:
whereupon said resolution was declared duly passed and adopted.
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0 PURCHASE AGREEMENT
THIS AGREEMENT is entered into this day of , 2009 (the
"Effective Date'), by and between the Economic Development Authority in and for the City of
Brooklyn Center, a Minnesota municipal corporation, and/or assigns ("Buyer") and Jopaul
Properties , LLC, a Minnesota limited liability company ("Seller').
I. PROPERTY. Seller is the owner of the real property located at 2545 Co.Rd. 10,
Brooklyn- Center, Hennepin County, Minnesota (PID # 02-118-21-31-0049) (the "Property"),
legally described as:
Tract A, Registered Land Survey No. 1430, Hennepin County, Minnesota [verify legal
description against certificate of title - should include appurtenant easements for access].
2. OFFER/ACCEPTANCE. In consideration of and subject to the terms and provisions of
this agreement, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to
Buyer the exclusive right to purchase the Property and all improvements thereon., together with all
appurtenances. No personal property is included in the purchase of the Property.
3. PURCHASE PRICE. The purchase price for the Property shall be Six Hundred Seventy-
Five Thousand Dollars ($675,000). The Purchase Price shall be paid by wire transfer at closing,
. subject to adjustment as provided in this agreement.
4. CONTINGENCIES. Buyer's obligation to buy is contingent upon the following:
A. Seller holds marketable title to the Property, consistent with the standards set forth
in paragraph 5.a. of this Agreement; and
B. Buyer's determination, based on its investigation under paragraph 5.b. of this
Agreement, that there are no (i) material violations of Environmental Laws or (ii)
substances or materials that would require remediation or abatement upon
redevelopment in a material amount, as defined at paragraph 5.b.; and
C. Buyer's review and acceptance of the documents delivered by Seller, as provided in
paragraph 5.c. of this Agreement.
As used herein, the "Contingency Date" shall refer to the 20th day following the Effective Date, as
defined in paragraph 5.c. of this Agreement. The contingencies are solely for the benefit of Buyer
and may be waived by Buyer. If the contingencies are duly satisfied in a timely manner or waived,
then the Buyer and Seller shall proceed to close the transaction as contemplated herein. If, however,
one or more contingencies is not satisfied, or is not satisfied on time, and is not waived as provided
in this Agreement, this Agreement shall thereupon be void, Seller shall return the Earnest Money to
Buyer, and Buyer and Seller shall execute and deliver to each other the termination of this purchase
agreement. As a contingent purchase agreement, the termination of this agreement is not required
pursuant to Minnesota Statutes, Section 559.21, et M.
3479290 CAH BR305-86
0 5. PRE-CLOSING INVESTIGATION AND EXAMINATION..
A. Examination of Title. Promptly after the Effective Date, Buyer shall cause Title,
as defined in paragraph 6, to issue to Buyer a commitment for an owner's policy
of title insurance, together with copies of all documents referenced in Schedule B
of the commitment. Buyer shall be allowed until the Contingency Date to
examine the title commitment and to make objections to the marketability of
Seller's title to the Property in writing. If any such objection to the title
commitment is made, Seller shall be allowed 60 days to -cure such objections.
With respect to any mortgages or other liens encumbering the Property that secure
the payment of money only, Buyer shall accept as a cure the satisfaction of such
liens from the proceeds of the Purchase Price at closing. Pending the curing of
such objections, the closing and payments required hereunder shall be postponed.
If said title is not made marketable within 60 days from the date of written
objection thereto as above provided, this Agreement shall be terminated, at the
option of Buyer, and the earnest money shall be refunded to Buyer. Buyer may,
however, elect to waive its objections and proceed to closing.
B. Environmental inspection continsencv. Buyer shall have the right to make a -
thorough examination of the Property after the full execution of this Agreement in
order to determine: (1) that the Property is free from any material violations of
Environmental Laws; and (2) that the Property does not contain any substances or
materials which, under Environmental Laws, would require remediation or
abatement if the Property were to be redeveloped with demolition of all existing
improvements and erection of new building(s) and associated parking areas. Such
inspection may include, but is not limited to, a Phase I environmental assessment
of the Property. Buyer shall pay the cost of said environmental assessment. As
used herein, Environmental Laws shall mean any local, state or federal law, rule,
regulation, or ordinance pertaining to environmental regulation, contamination or
clean-up, including "CERCLA", "RCRA", or state superlien or environmental
clean-up statutes. If the Buyer's inspections reveal (i) any material violations of
Environmental Laws or (ii) the presence of substances or materials that would
require remediation or abatement upon redevelopment in a material amount, then
Buyer may, at Buyer's sole discretion, terminate this agreement upon written
notice to Seller, provided however, that to be effective, such notice must be given
by Buyer on or before the Contingency Date. For purposes of this paragraph, the
term "material" or "material amount" refers to a violation or condition, the
correction, remediation or abatement of which is reasonably estimated by Buyer's
environmental consultant to exceed $50,000.
C. Document deliverv and review. Within 10 days after the Effective Date, Seller
must provide Buyer with copies of (i) environmental reports relating to the
Property that are within Seller's possession or control and (ii) copies of all
property maintenance, management or other agreements relating to the Property;
(iii) copies of all unrecorded leases, licenses or other agreement relating to
3479290 CAH BR305-86
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• occupancy of the Property that remain in effect as of the date of this Agreement;
and (iv) copies of any surveys for the Property in Seller's possession or control.
Buyer may, by written notice to Seller, terminate this Agreement on or before the
Contingency Date in the event Buyer finds all or any portion of the documents or
information unsatisfactory to it.
6. CLOSING DATE.. Closing shall take place on or before April 1, 2009 (the "Closing-- -
Date") at the offices of Buyer's. attorneys, 200 South Sixth Street, Suite 470, Minneapolis,
Minnesota or, at Buyer's option, at the offices of Commercial Partners Title, LLC ("Title"), 200
South Sixth Street, Minneapolis, Minnesota. Buyer shall have the right to extend the Closing
Date for up to 60 days in order to complete its environmental investigation; provided that Buyer
shall pay to Seller the sum of $167 for each day that the closing is delayed beyond April 1, 2009.
7. DOCUMENTS TO BE DELIVERED AT CLOSING.
A. Warranty Deed. Seller shall execute and deliver to Buyer at closing a warranty
deed conveying marketable title to the Property subject only to the following
("Permitted Encumbrances"):
1. Reservation of mineral rights by the State of Minnesota, if any;
2. Building, zoning and subdivision laws and regulations;
3. The lien of real estate taxes and special assessments payable by
Buyer hereunder;
4. Any matters of record not objected to or subsequently waived by
Buyer as provided at paragraph 5.a. above.
B. Other Seller Documents: In addition to the warranty deed provided for above,
Seller shall execute and deliver to Buyer at closing the following:
(1) A standard form affidavit of Seller in form sufficient to cause Title to
delete standard exceptions, other than matters shown by survey, from the
final policy of title insurance to be issued by Title to Buyer;
(2) As to each and any service and maintenance contract, permit or license
relating to the Property, at the option of Buyer as specified within the
timeframe provided in paragraph 5.a. above: either the assignment of such
contract, permit or license; or, evidence of termination of such contract,
permit or license.
(3) All keys to the Property;
(4) Documents demonstrating to Buyer's satisfaction the termination of any
existing management contracts as of the closing date;
3479290 CAH BR305-86
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• (5) All other documents customarily required in connection with a Minnesota
real estate transaction, including but not limited to FIRPTA certification
and methamphetamine disclosure.
8. ALLOCATION OF COSTS AND EXPENSES.
A. Deed tax. Seller shall pay the deed tax imposed upon the transfer of the Property
to Buyer and the cost for recording any instruments, conveyances or other
documents required to perfect or evidence the marketability of Seller's title to the
Property.
B. Special assessments. The Seller shall pay at or prior to closing all special
assessments to the extent levied against the Property as of the date of this
Agreement. Buyer shall assume all special assessments that are to be levied after
the date of this Agreement.
C. Real estate taxes. Seller shall pay all real estate taxes payable in the years prior to
closing. Real estate taxes payable in the year of closing, including special
- assessments certified for payment with real estate taxes, shall be prorated between -
Buyer and Seller as of the date of closing.
D. Closing costs. Buyer will bear recording costs in connection with the conveyance
of title under this Agreement. Buyer shall be solely responsible for the costs of
the premium for Buyer's owner's title insurance policy. The parties will each be
responsible for the fees and charges of their respective attorneys, accountants, and
other professional advisers. Buyer agrees to pay one half of any reasonable
escrow fee charged by Title for closing the transaction, independent of any other
services or products provided to Buyer.
E. Proration. The Seller represents and warrants that the Property is vacant and that
there is no rental or other income from the Property to be prorated. Seller agrees
to coordinate with Buyer on the termination of utility accounts for the Property as
of the date of closing.
9. SELLER'S WARRANTIES. Seller covenants and makes the following representations
and warranties to Buyer, which shall be deemed restated as of Closing and shall survive Closing
and passage of title for a period of two years. Seller warrants that, to the best of Seller's
knowledge:
a. Except as may be disclosed in any environmental report delivered by Seller to
Buyer pursuant to paragraph 5, Seller has received no written notice of any toxic
or hazardous substances or wastes, pollutants or contaminants [including asbestos
and any hazardous substance as defined in the Comprehensive Environmental
Response, Compensation and Liability Act of 1980 ("CERCLA")], having been
generated, treated, stored, released or disposed of, or otherwise placed, deposited
3479290 CAH BR305-86
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in or located on the Property in violation of any Environmental Law. Seller
further warrants that, to the best of Seller's knowledge, except as may be
disclosed in any environmental report delivered by Seller to Buyer pursuant to
paragraph 5, Seller has received no written notice that (i) any toxic or hazardous
substances or wastes, pollutants or contaminants are located on the Property in
violation of any Environmental Law, (ii) the Property has not been used as a
treatment, storage or disposal facility within the meaning of the Resource -
Conservation and Recovery Act of 1976 ("RCRA"); (iii) no release of toxic or
hazardous wastes or substances, pollutants or contaminants within the meaning of
CERCLA from the Property has occurred in violation of any Environmental Law;
and (iv) there has been no discharge into the environment of any emissions that
would require a permit under the Federal Water Pollution Control Act or the
Clean Air Act that has not been so obtained. Seller further warrants that, to the
best of Seller's knowledge, except as may be disclosed in any environmental
report delivered by Seller to Buyer pursuant to paragraph 5, Seller has received no
written notice of any underground storage tanks located on the Property.
b. Seller does not know of any unrecorded interests in or rights to possession of the
Property, and any and all leases for the Property have expired or terminated by
their terms.
c. Except as otherwise disclosed in any documents delivered by Seller to Buyer in
• accordance with paragraph 5, Seller has not approved any Tenant improvement to
the Property for which such Tenant would be entitled to compensation upon
termination of its respective lease.
d. Seller has full right, power and authority and is duly authorized to enter into this
Agreement, to perform each of the covenants and obligations on its part to be
performed hereunder and to execute and deliver, and to perform its obligations
under all documents required to be executed and delivered by it pursuant to this
agreement and this agreement constitutes the valid and binding obligation of the
Seller enforceable according to its terms.
e. There are no actions, suits or proceedings pending or, to the best knowledge of
Seller, threatened against or affecting Seller which, if determined adversely to
Seller, would adversely affect its ability to perform its obligations hereunder.
f. Neither the execution, delivery, or performance of this Agreement or compliance
therewith (a) conflicts or will conflict with or results or will result in a breach of
or constitutes or will constitute a default under (1) the articles of organization or
by-laws of Seller, (2) any law or order of any court or governmental authority, or
(3) any agreement or instrument to which Seller is a party or is bound; or (b)
results in the creation or imposition of any lien, charge or encumbrance upon its
Property.
3479290 CAH BR305-86
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• g. The Seller certifies that, except as may be disclosed in any report delivered by
Seller to Buyer pursuant to paragraph 5, the Seller does not know of any wells on
the Property.
10. BUYER'S WARRANTIES. Buyer covenants and warrants to Seller as follows:
a. Buyer is a duly formed and validly existing municipal corporation, in good
standing under the laws of the State of Minnesota;
b. Buyer has full right, power and authority and is duly authorized to enter into this
agreement, to perform each of the covenants and obligations on its part to be
performed hereunder and to execute and deliver, and to perform its obligations
under all documents required to be executed and delivered by it pursuant to this
agreement and this Agreement constitutes the valid and binding obligation of the
Buyer enforceable according to its terms;
C. There are no actions suits or proceedings pending or, to the knowledge of Buyer,
threatened against or affecting Buyer which, if determined adversely to Buyer,
would adversely affect its ability to perform its obligations hereunder. and
11. BUYER'S CONSENT TO NEW LEASES OR CONTRACTS. Seller shall not enter
into any lease or contractual agreement involving the Property after the date of this Agreement.
• without the written consent of Buyer, which Buyer may in its sole discretion withhold.
12. NOTICE. Any notice required or permitted under this Agreement shall be considered to
have been given and received if personally delivered to the parties or deposited in the United
States Mail, postage prepaid by certified or registered mail, return receipt requested, addressed to
the parties at the following addresses:
Buyer: City of Brooklyn Center
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430
ATTN: City Manager
With a copy to: Corrine Heine
Kennedy & Graven, Chartered
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
Seller:
i With a copy to:
3479290 CAH BR305-86
Jopaul Properties, LLC
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13. RELOCATION. Seller acknowledges that the Seller had listed the Property for sale
with a broker prior to the Buyer giving any indication of its interest in purchasing the Property. .
Seller agrees to waive any and all relocation benefits, assistance and services to which Seller might
otherwise be eligible. Seller agrees to provide to Buyer at Closing an executed waiver of relocation
benefits in substantially the form of the attached Exhibit A
14. DAMAGE. If, prior to closing; all or any part of the Property is damaged by fire
casualty, the elements or any other cause, Seller shall immediately give Buyer notice of such fact
and, at Buyer's option (to be exercised within 10 days after Seller's notice), this Agreement shall
terminate and all payments hereunder shall be refunded to Buyer.
15. POSSESSION; CONDITION OF PROPERTY. Possession of the Property shall
transfer to Buyer at the time of closing. Prior to closing, Seller must remove all personal
property from the Property. Prior to closing Seller may remove, but is not required to remove,
trade fixtures and other fixtures from the Property, at Seller's sole cost and expense. All trade
fixtures and other fixtures remaining on the Property at the time of closing shall become the
property of the Buyer.
16. TIME OF THE ESSENCE. Time is of the essence of this Agreement.
17. REMEDIES. Each party reserves all rights and remedies it may have under law or
equity if the other party defaults in its obligations under this Agreement. Nothing herein shall
deprive either the Seller or the Buyer of the right of enforcing this Agreement by action for
specific performance provided such actions shall be commenced within six (6) months after such
action shall arise and provided this agreement has not been terminated as aforesaid.
18. BROKERAGE COMMISSION. Seller represents that it has engaged Calhoung
Companies as a broker, and Seller shall be responsible for the brokerage commission due to
Calhoun Companies. Buyer represents and warrants to Seller that there is no broker involved in this
transaction with whom Buyer has negotiated or to whom Buyer has agreed to pay a broker
commission. Each party agrees to indemnify the other for any and all claims for brokerage
commissions or finders' fees in connection with negotiations for purchase of the Property arising out
of any alleged agreement or commitment or negotiation by the indemnifying party.
19. AS IS. Except as expressly provided in this agreement, the Property is being sold "as is"
and Seller makes no representations or warranties, either express or implied, regarding the
condition of the Property, and Buyer will rely upon its own inspections, and those of its agents,
for determining the condition of the Property.
20. GOVERNING LAW. This Agreement shall be governed and construed in accordance
with the laws of the State of Minnesota.
21. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement of the
parties relative to the sale of the Property. This Agreement may not be changed, waived,
• discharged, or terminated except in writing executed by Buyer and Seller.
3479290 CAH BR305-86
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• 22. CONSTRUCTION. This Agreement shall not be construed more strictly against one
party than against the other by virtue of the fact that the Agreement may have been prepared
primarily by counsel for one of the parties, it being acknowledged that both parties contributed
substantially and materially to the preparation of this Agreement. Headings in this Agreement
are for convenience of reference and shall not be considered in the construction hereof.
[The remainder of this page intentionally blank]
•
3479290 CAH BR305-86 g
•
By:
Its:
•
IN WITNESS WHEREOF, the parties hereto have executed this agreement as of the date
first written above.
SELLER:
JOPAUL PROPERTIES, LLC
BUYER:
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE
CITY OF BROOKLYN CENTER
By:
Its: Mayor
By:
Its: City Manager
•
3479290 CAH BR305-86
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• WAIVER OF RELOCATION BENEFITS
RECITALS
A. The undersigned Jopaul Properties, LLC (the "Owner") has entered into a purchase
agreement with the Economic Development Authority in and for the City of Brooklyn Center
("EDA") dated , 2009 (the "Purchase Agreement") under which Owner agreed to
sell to the EDA the property legally described as Tract A, Registered Land Survey No. ,
Hennepin County, Minnesota (the "Property").
B. Owner acknowledges that it had publicly listed the Property for sale with a licensed
real estate broker prior to receiving any inquiry from the EDA regarding the EDA's possible
purchase of the Property.
C. Owner further acknowledges that the EDA does not have the legal authority to
acquire the Property by condemnation in its present condition and for its intended purpose of
redevelopment. Owner acknowledges that he has been advised by the EDA that, in the absence of
the parties'reaching an agreement that is mutually satisfactory to both parties, the EDA would not
acquire the Property.
D. Owner has been informed in writing by the EDA of what the EDA believes to be the
fair market value of the Property.
• E. Owner acknowledges that it sought and received advice of legal counsel, and has been
specifically advised by such counsel and by the EDA, as to relocation benefits that would
otherwise be available to Owner in connection with the Property under the federal Uniform
Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, and similar
provisions under Minnesota law (together, the "URA"), such benefits being summarized in Exhibit
A hereto.
D. Owner desires to execute this waiver to confirm its understanding that payment in
full to Owner of the amounts due under the Purchase Agreement will satisfy in full any relocation
benefits or payments otherwise due to Owner under the Acts.
WAIVER
Now, therefore, for good and valuable consideration, the receipt and sufficiency of which is
hereby acknowledged, the Owner agrees as follows for the benefit of EDA:
The recitals above are incorporated into and made a part of this waiver.
2. Owner acknowledges that it is not a "displaced person" within the meaning of 42
U.S.C. 4601 to 4655 or Minn. Stat. § 117.50 or regulations adopted thereunder and that Owner
is not entitled to relocation benefits or services.
MNI 275101v1 B-1
SA285-77
• 3. Owner further acknowledges that payment in full to Owner of $675,000, according
to the terms of the Purchase Agreement, satisfies in full any amounts for relocation assistance or
relocation benefits that the EDA otherwise may be obligated to pay to Owner under the URA or
any other federal or state law, and that payment of the amount set forth in the Purchase Agreement
will constitute full compensation due Owner for all claims of any description against the EDA as a
result of the EDA's acquiring the Property under the Purchase Agreement, including but not
limited to attorneys' fees, relocation benefits and services, and any damages to the going concern
or goodwill of any business located on the Property.
2. Accordingly, Owner disclaims and waives any claim that Owner is entitled to
receive relocation benefits or payments under the URA or any other applicable federal or state law
with respect to the Property.
3. In signing this waiver, Owner acknowledges that it entered into the Purchase
Agreement voluntarily and that the Purchase Agreement was not made under any threat by the
EDA or its representatives that the Property would be acquired by eminent domain.
4. Owner releases and discharges the EDA and its employees, agents, successors and
assigns, of and from any and all liability and claims, at law or in equity, and under any state or
federal law, for relocation expenses, payments or benefits in connection with the Property,
including damages, interest, and costs, arising out of or in connection with EDA's acquisition of
the Property.
•
•
OWNER
JOPAUL PROPERTIES, LLC
By
its Manager
3479290 CAH BR305-86
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•
EXHIBIT A
SUMMARY OF RELOCATION BENEFITS
1. Movine Expenses:
a. A payment for actual reasonable and necessary moving and related expenses,
estimated to be $
2. Reestablishment expenses.
A payment for expenses actually incurred in relocating and reestablishing an eligible small
business, farm or nonprofit organization at a replacement site, which payment cannot
exceed $50,000.
3. Alternative Fixed Pavment.
A fixed payment in lieu of the pavments described in paraeraohs 1 and 2 above, equal to
the average annual net earnings of the business, but not less than $1,000 and not more than
$20,000.
4. -Other Relocation Assistance:
This includes referrals and other assistance to help the business owner relocate its business.
• The estimated amount of relocation benefits described in this Exhibit A with respect to the
Property is no greater than $
0
MNI 27510M
SA285-77
B-1
MEMORANDUM -CITY COUNCIL/EDA WORK SESSION
DATE: February 18, 2009
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development
SUBJECT: Discussion on the Potential Purchase of the Boulevard Restaurant Site, 2545
Bass Lake Road
COUNCIL ACTION REQUIRED:
Discussion on the possible acquisition and demolition of the vacant Boulevard Restaurant
site to promote redevelopment opportunities for the Brookdale Mall area.
BACKGROUND:
The Boulevard Restaurant site, formerly known as Refs Sports Bar (2003-2007) and
initially built as a Ground Round Restaurant and Bar in 1977, is a 1.06 acre (46,390 sq. ft.)
site that is independently owned.
i The property receives its access from the northern entrance to the Kohl's site which
accesses the eastern service drive of Brookdale Mall.
The City's assessing records indentifies the property sales in 2003 for $650,000 with the
following assessed valuations:
2008
$725,000
2007
$685,000
2006
$698,000
The property is currently listed with Calhoun Companies for $700,000.
A recent meeting with the property owner and his realtor to discuss the possible acquisition
of the property was positively received; however, it was acknowledged that there is
currently a party interested in leasing the facility that includes an option to purchase.
The property owner's preference is to sell the property and has agreed to delay other
considerations until the EDA has had the opportunity to discuss the possible use of eligible
TIF funds to acquire the site to facilitate the following planning activities:
• Shingle Creek Daylighting Study
• • Bass Lake Road Streetscape Improvements
• Regional Trail Way Improvements - Shingle Creek Trail
0 • Bike-Walk Grant Application
In addition to the above cooperative, the acquisition of this property positions the City to
proactively promote the redevelopment of the eastern entrance to the Brookdale Mall site.
The control of this property enables the City the opportunity to accomplish the following:
1. The exchange of the necessary land area that would enable the daylighting of
Shingle Creek with a no net loss of parking stalls to the current Kohl's site.
2. The timely exchange for additional right of way/easement width to allow the future
construction of the Twin Lakes Regional trail along Bass Lake Road and its
connection to the Shingle Creek Trail.
3. The potential land exchange for the realignment of the current Shingle Creek Trail
and an expanded landing area in the vicinity of the ponding area.
4. The potential land exchange for a bike trail along the service drive that parallels
Hwy 100 and accesses the Shingle Creek Trail at the Hwy 100 pedestrian bridge.
S. The potential to work with the future owners on their redevelopment plans for the
eastern portion of the Brookdale Mall that can maximized by the P.U.D. potential of a
consolidated site.
It is the value of the land exchange that leverages and maximizes the values of the
perimeter site improvements, which can be funded by other sources (grants and
cooperative agreements), voluntary assessments, and use of TIF funding of eligible
activities, that provides the City with opportunities to negotiate with the present and future
owners of the Mall site.
There are three potential funding sources should the EDA choose to proceed with this
acquisition:
1. TIF #3 Bond Proceed (estimated at $3 million)
2. A plan amendment to TIF 2 Budget (current balance $.97 million)
3. EDA Fund Balance (estimated at $1.5 million)
The timing of these negotiations are optimum given that the current general operations
agreement for the Brookdale Mall properties, which includes the Kohl's site, runs through
December 31, 2009.
COUNCIL POLICY ISSUES:
Does the acquisition and demolition of the vacant Boulevard Restaurant site facilitate the
city's interest in promoting the redevelopment opportunities for the Brookdale Mall?
Should the staff continue pursuing the purchase of the Boulevard Restaurant site with Tax
Increment Funds?
EDA Agenda Item -No. 4b
•
0
•
•
EDA COUNCIL ITEM MEMORANDUM
DATE: March 4, 2009
TO: Curt Boganey, City Manager
FROM: Gary Eitel, Director of Business and Development A
SUBJECT: Revision to the Consultant Services Agreement with the Greater Metropolitan
Housing Corporation Relating to the Remove and Rebuild Program.
COUNCIL ACTION REQUESTED:
Motion to adopt the Resolution Approving Revisions to the Consultant Service Agreement
with the Greater Metropolitan Housing Corporation to Administer the City's Housing
Programs for Vacant and Foreclosed Homes.
BACKGROUND:
On January 12, 2009, the EDA adopted Resolution No. 2009-02 "A Resolution Establishing
Housing Programs and Approving the Use of Funds from Tax Increment District No. 3
Housing Account".
This resolution also authorized the execution of a consultant service agreement with the
Greater Metropolitan Housing Corporation (GMAC) to administer these housing programs
for the City.
Prior to the execution of the agreement, GMHC discovered that they had incorrectly
identified the base fees associated with the Remove and Rebuild Program.
The attached consultant service agreement includes the following revisions:
(The changes are identified are boldface and underlined.)
1. Scone of Services Par. 1, C-2
Acquire and, in some instances, demolish improvements on the properties on behalf
of the EDA to meet the City's goals for improved uses of the land in accordance with
the City's Rebuild Demolition Policy.
•
3. Compensation Par. b, Acouisition and Demolition
The EDA shall reimburse the Consultant for all direct costs of the acquisition and
demolition activities provided under this Agreement, and pay the Consultant Two
Thousand Dollars ($2,000.00) for services provided for each property acquired and
an additional Three Thousand Dollars ($3.000:00) for services provided for each
nroperty cleared.
Note: The consultant service agreement does not limit or restrict the EDA from
using other agents, consultants or staff in the acquisition or demolition of properties
under this program.
• Additionally, the contract has included provisions for the disbursement of funds for
the Renew Loan and Renew Grant programs via advance deposits to an escrow
account which GMHC can draw from to disburse the funds to various real estate
closings.
4. Disbursement.
GMHC will establish an interest bearing escrow account to which the EDA will make
the necessary deposits and from which GMHC will make disbursements for
approved Renew Loans and Renew Grants. After closing with a borrower or
grantee, GMHC will provide the EDA with a copy of the executed Promissory Note or
Grant Agreement and supporting documentation determined necessary by the EDA
to track the program and audit the qualifying use of Tax Increment Funds.
BUDGET ISSUES:
The revision to the consultant service agreement is consistent with the budget prepared for
the Remove and Rebuild Program ($600,000) and the Renew Loan and Renew Grant
Program ($1,000,000) which are being funded from the Tax Increment District 3 Housing
Account.
•
0
•
Commissioner introduced the following resolution and
moved its adoption:
EDA RESOLUTION NO.
RESOLUTION APPROVING REVISIONS TO THE CONSULTANT SERVICE
AGREEMENT WITH THE GREATER METROPLOITAN HOUSING
CORPORATION TO ADMINISTER THE CITY'S HOUSING PROGRAMS FOR
VACANT AND FORECLOSED HOMES
•
WHEREAS, on January 12, 2009, the EDA adopted Resolution No. 2009-02 A
Resolution Establishing Housing Programs and Approving the Use of Funds from Tax Increment
District No. 3 Housing Account; and
WHEREAS, this resolution established the Renew Loan Program, the Renew Grant
Program, the Remove & Rebuild Program and approved the proposed Consultant Service
Agreement between the Brooklyn Center EDA and the Greater Metropolitan Housing Corporation
for the administration of the above named programs ; and
WHEREAS, the Consultant Service Agreement was amended to correctly identify
the GMHC fees associated with the Remove and Rebuild Program and to include clarification on
the creation of an escrow account and disbursement of funds;
NOW, THEREFORE, BE IT RESOLVED by the Economic Development
Authority in and for the City of Brooklyn Center, Minnesota, as follows:
1. The EDA hereby approves the proposed CONSULTANT SERVICES
AGREEMENT between the Brooklyn Center EDA and the Greater Metropolitan
Housing Corporation for the administration of the ReNew Loan Program, The
ReNew Grant Program, and the Remove and Rebuild Program.
5. The President and Executive Director of The Economic Development Authority in
and for the City of Brooklyn Center are authorized and directed to execute the
CONSULTANT SERVICES AGREEMENT with the Greater Metropolitan
Housing Corporation for the administration of the above named programs, and to
take all such other and further steps as are reasonable and necessary to effect the
programs established by this resolution.
0
0 Date:
By:
Tim Willson, President
ATTEST:
Secretary
The motion for the adoption of the foregoing resolution was duly seconded by commissioner
and upon vote being taken therm, the following voted in favor thereof:
And the following voted against the same:
Whereupon said resolution was declared passed and adopted.
•
•
2
• CONSULTANT SERVICES AGREEMENT
THIS IS AN AGREEMENT entered into the day of , 2009, by
and between the BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY, a
Minnesota Municipal Economic Development Authority ("EDA" and GREATER
METROPOLITAN HOUSING CORPORATION, a Minnesota non-profit corporation
("Consultant').
RECITALS
A. The Consultant has a division called The Housing Resource Center ("HRC").
GMHC has agreed to provide certain Services through HRC (as defined below) in connection
with the FDA's housing program.
B. The EDA desires to hire the Consultant to render this technical, professional, and
marketing assistance in connection with housing programs in the EDA for the term as set forth in
this Agreement.
C. Consultant is willing to provide such services on the terms and conditions set
forth herein.
• In consideration of the foregoing recitals and following terms, conditions and mutual
promises contained herein, the parties agree as follows:
1. Scone of Services. The Consultant shall provide services as follows (the
"Services"):
a. Administer the following home improvement programs for residents of the City
of Brooklyn Center (the "City"): Minnesota Housing Financing Agency
("MHFA") Fix Up Fund, Community Fix Up Fund, the MHFA Rental Rehab
Program (collectively the "MHFA Programs") and the Brooklyn Center EDA
programs to address mortgage foreclosed and vacant properties: ReNew Loan
Program and ReNew Grant Program :
1. Providing information to residents and potential residents about the
programs, upon request;
2. Assist the EDA in developing marketing materials and procedures for the
programs;
3. Receipt of applications;
4. Processing applications;
5. Closing loans to qualified applicants in accordance with the applicable
program;
6. Overseeing the draw process for the funds, including, as necessary,
reviewing draws, reviewing the progress of the work and collecting lien
1b.us.3166730.05 l
• waivers and certificates of occupancy. Consultant may, for this purpose,
rely on third-party representations and certifications.
7. Provide monthly reports about the number of loans closed and the balance
in each loan program.
b. Service loans made to City residents under the ReNew Loan Program:
1. Collect payments made pursuant to the Deferred Loan Program including
satisfactions for any prepayments;
2. Take appropriate action under the loan documents when there is an
uncured default by a borrower under a loan pursuant to a Deferred Loan
Program;
3. Disburse all payments received by Consultant as directed, in writing, by
the EDA not more often than quarterly which may include disbursing the
funds pursuant to one of the loan programs described in this Agreement.
C. Administer the Brooklyn Center Remove and ReBuild Program:
1. Work with EDA staff to identify and prioritize eligible properties for the
Program;
2. Acquire and, in some instances, demolish improvements on the properties
on behalf of the EDA to meet the City's goals for improved uses of the land
. in accordance with the City's ReBuild Demolition Policy.
d. Assist City residents considering rehabilitation, including property visits, meet
with homeowners and potential contractors, suggest alternatives for rehabilitation
to homeowners, educate homeowners on the construction bid process, assist
homeowners to evaluate bids and work completed and construction progress.
e. Provide HRC housing information to City residents upon request, including
information on emergency assistance, housing rehabilitation, first time
homebuyers and limited rental information;
f. Assist the EDA in developing programs to purchase and rehabilitate homes;
g. Coordinate these services out of Consultant's Northwest office located at 2148
Penn Avenue, Minneapolis and
h. Have Consultant's staff visit residences as determined necessary by Consultant.
2. Term. This Agreement shall be in full force and effect from January 1. 2009 and
shall continue through December 31. 2009. unless otherwise terminated as set forth below.
0
tb.us.3166730.05 2
• 3. Comuensation.
a. HRC Core Services and Loan/Grant Administration: For services provided under
this Agreement, the EDA shall pay to the Consultant Twenty Five Thousand
Dollars ($25,000.00) within thirty (30) days after execution of this Agreement,
and the balance according to the following schedule:
EDA ReNew Loan Program: $500.00 payable upon the closing of each
loan.
EDA ReNew Grant Program: $500.00 payable following the closing of
each grant.
The Consultant shall receive compensation for administering the MHFA Programs
directly from the Minnesota Housing Finance Agency and not from the EDA.
b. Acauisition and Demolition: The EDA shall reimburse the Consultant for all
direct costs of the acquisition and demolition activities provided under this
Agreement, and pay the Consultant Two Thousand Dollars ($2,000.00)for services
provided for each property acquired and an additional Three Thousand Dollars
($3,000.00) for services provided for each property cleared.
• c. Loan Servicing. The Consultant shall receive the following fees:
$25.00 one-time set-up fee for each loan serviced pursuant to a Deferred
Loan Program.
$6.00 per payment received from a borrower under the Deferred Loan
Program.
$25.00 for each satisfaction issued under the Deferred Loan Program.\\
4. Disbursement. GMHC will establish an interest bearing escrow account to
which the EDA will make the necessary deposits and from which GMHC will
make disbursements for approved Renew Loans and Renew Grants. After
closing with a borrower or grantee, GMHC will provide the EDA with a copy of
the executed Promissory Note or Grant Agreement and supporting
documentation determined necessary by the EDA to track the program and audit
the qualifying use of Tax Increment Funds.
5. Termination. Notwithstanding any other provision hereof to the contrary, this
Agreement may be terminated as follows:
a. The parties, by mutual written agreement, may
terminate this Agreement at any time. Upon termination
of this agreement there shall be no other compensation
paid to Contractor for work in progress or services
performed other than payments already made under the
provisions of paragraph 3 herein.
fb.us.3166730.05 3
b. EDA may terminate this Agreement upon the breach by Consultant of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by Consultant of a written notice
from EDA, specifying the alleged breach; provided, however, if the nature of a
non-monetary breach is such that Consultant cannot reasonably cure same in the
thirty (30) day period, Consultant shall not be deemed to be in breach if it
commences to cure within the thirty (30) day period, and diligently pursues same
to completion within ninety (90) days following receipt by Consultant of such
written notice. In the event of termination by HRA hereunder, Consultant shall be
entitled to fees due to the date the notice of breach is sent by the EDA.
C. If Consultant or EDA (as applicable) (i) files a voluntary petition in bankruptcy
(ii) files a voluntary petition for reorganization under any bankruptcy law, statute
or regulation or other similar statute or regulation, (iii) is adjudicated a bankrupt,
(iv) makes an assignment for the benefit of creditors or applies for or consents to
the appointment of a receiver or trustee as part of or in conjunction with a
"creditor plan" with respect to any substantial part of its assets, or (v) a receiver or
trustee is appointed, or an attachment or execution levied with respect to any
substantial part of its assets, and said appointment is not vacated, or the
attachment or execution not released, within sixty (60) days, then this Agreement
shall, effective as of such date, without notice or further action by either party,
immediately terminate.
d. Consultant may terminate this Agreement upon the breach by EDA of any of its
material covenants contained herein, where such breach shall have continued for a
period of thirty (30) days following the receipt by EDA of a written notice from
Consultant, specifying the alleged breach; provided, however, if the nature of a
non-monetary breach is such that EDA cannot reasonably cure same in the thirty
(30) day period, EDA shall not be deemed to be in breach if it commences to cure
within the thirty (30) day period, and diligently pursues same to completion
within ninety (90) days following receipt by EDA of such written notice. In the
event of termination by Consultant hereunder, Consultant shall be entitled to
retain the entire fee under this Agreement.
6. Insurance.
a. Contractor further agrees that in order to protect itself as well as the City under
the indemnity provision set forth above, it will at all times during the term of this
contract keep in force:
1. A single limit or combined limit or excess umbrella general liability
insurance policy of an amount of not less than $300,000 for property
. damage arising from one occurrence and $1,000,000 for total bodily or
personal injuries or death and/or damages arising from one occurrence.
Such policy shall also include contractual liability coverage by specific
fb.us.3166730.05 4
endorsement or certificate acknowledging the contract between the
Consultant and the City.
2. A single limit or combined limit or excess umbrella automobile liability
insurance policy, if applicable, covering owned, non-owned and hired
vehicles used regularly in the provision of services under this Agreement,
in an amount of not less than $300,000 per accident for property damage,
$1,000,000 for bodily injuries and/or damages to any one person, and
$1,000,00 for total bodily injuries and/or damages arising from any one
accident.
3. Workers Compensation Insurance and employers liability as required by
law including all states endorsement in an amount of $100,000 for each
occurrence. Prior to the effective date of this contract, and as a condition
precedent to this contract, the Contractor will furnish the City with
Certificates of Insurance listing the City as a certificate holder.
b. Such insurance secured by the Contractor shall be issued by insurance companies
licensed in Minnesota. The insurance specified may be in a policy or policies of
insurance, primary or excess. Failure to maintain such insurance shall be a
condition of default under this agreement.
0C. Such insurance shall be in force on the. date of execution of an Agreement and
shall remain continuously in force for the duration of the Agreement.
7. Indemnification.
a. Notwithstanding anything to the contrary in this Agreement, the EDA, its officers,
agents, and employees shall not be liable or responsible in any manner to the
Consultant, the Consultant's successors or assigns, the Consultant's subcontractors,
or to any other person or persons for any third party claim, demand, damage, or
cause of action of any kind, nature, or character, including intentional acts, arising
out of or by reason of the performance of this Agreement by Consultant. The
Consultant, and the Consultant's successors or assigns, agree to protect, defend and
save the EDA, and its officers, agents, and employees, harmless from all third party
claims, demands, damages, and causes of action, to the extent caused by the
negligence or wrongful acts of Consultant, and the costs, disbursements, and
expenses of defending the same, including but not limited to, attorneys fees,
consulting services, and other technical, administrative or professional assistance.
b. Nothing in this Agreement shall constitute a waiver or limitation of any immunity or
limitation of any immunity or limitation on liability to which the EDA is entitled
under Minnesota Statutes, Chapter 466, or otherwise.
0 8. Independent Contractor. Nothing contained in this Agreement is intended or
should be construed as creating the relationship of copartners of joint ventures within the City.
fb.us.3166730.05 5
• No tenure or any rights or benefits, including Workers' Compensation, Unemployment
Insurance, medical care, sick leave, vacation leave, severance pay, PERA, or other benefits
available to City employees, shall accrue to the Contractor or employees of the Contractor
performing services under this Agreement.
9. Assienment. This Agreement shall not be assigned, sublet, or transferred, in
whole or in part without the prior -written approval of the EDA.
10. Conflict of Interest. The Independent Contractor shall use best efforts to meet
all professional obligations to avoid conflicts of interest and appearances of impropriety in
representation of the EDA. In the event of a conflict, the Independent Contractor, with the prior
written consent of the EDA, shall arrange for suitable alternative services.
11. Compliance with Laws. The Consultant shall comply with all applicable
Federal, State, and local laws, rules, ordinances, and regulations at all times and in the
performance of the services pursuant to this Agreement.
12. Notices. Any notices permitted or required by this Agreement shall be deemed
given when personally delivered or upon deposit in the United States mail, postage fully prepaid,
certified, return receipt requested, addressed to:
Consultant: Greater Metropolitan Housing Corporation
15 South 5t' Street, Suite 710
Minneapolis, MN 55402
ATTN: Suzanne Snyder
EDA: Brooklyn Center Economic Development Authority
6301 Shingle Creek Parkway
Brooklyn Center, MN 55430-2199
Or such other address as either party may provide to the other by notice given in
accordance with this provision.
13. Entire Agreement. This Agreement, any attached exhibits and any addenda or
amendments signed by the parties shall constitute the entire agreement between the EDA and the
Consultant, and supersedes any other written or oral agreements between the EDA and the
Consultant. This Agreement can only be modified in writing signed by the EDA and the
Consultant.
14. Third Partv Rights. The parties to this Agreement do not intend to confer on
any third party any rights under this Agreement.
15. Counterparts. This Agreement may be signed in one or more counterparts but
all of which taken together shall constitute one instrument.
fb.us.3166730.05 6
16. Choice of Law and Venue. This Agreement shall be governed by and construed
in accordance with the laws of the state of Minnesota. Any disputes, controversies, or claims
arising out of this Agreement shall be heard in the state or federal courts of Minnesota, and all
parties to this Agreement waive any objection to the jurisdiction of these courts, whether based
on convenience or otherwise.
17. Agreement Not Exclusive. The EDA retains the right to hire other housing-
program consultants, in the EDA's sole discretion.
18. Data Practices Act Comuliance. Data provided to the Consultant or created by
the Consultant under this Agreement shall be administered in accordance with the Minnesota
Government Data Practices Act, Minnesota Statutes, Chapter 13, as amended.
19. Records - Availabilitv and Retention. The Contractor agrees that the City or
any of their duly authorized representatives at any time during the normal business hours and as
often as they may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc., which are pertinent to
the accounting practices and procedures of the Contractor and invoice transactions relating to
this Agreement. Contractor agrees to maintain these records for a period of three (3) years from
the date of termination of this Agreement. The EDA can, at the City's expense obtain copies of
any of the Contractor's records relevant to this Agreement.
• 20. Merger and Modification.
A. It is understood and agreed that the entire Agreement between the parties
in contained here and that this Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matters. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of this Agreement.
B. Any material alterations, variations, modifications, or waivers of
provisions of this Agreement shall be valid only when they have been reduced to writing as an
amendment and signed by the parties.
21. Nondiscrimination. During the performance of this Agreement, the Contractor
agrees to the following:
No person shall, on the grounds of race, color religion, age, sex, disability, marital
status, public assistance status, criminal record, creed or national origin be excluded from full
employment rights in, participation in, be denied the benefits of or be otherwise subjected to
discrimination under any and all applicable federal and state laws against discrimination.
22. Possession of Firearms on City of Brooklyn Center Premises. Unless
specifically required by the terms of this contract, no provider of services pursuant to this
contract, including but not limited to employees, agents or subcontractors of the Vendor or
Contractor shall carry or possess a firearm on City of Brooklyn Center premises or while acting
i on behalf of the City of Brooklyn Center pursuant to the terms of this agreement. Violation of
fb.us.3166730.05 7
this provision shall be considered a substantial breach of the Agreement; and, in addition to any
other remedy available to the City of Brooklyn Center under law or equity is grounds for
immediate suspension or termination of this contract.
[Signature Page Follows]
•
•
fb.us.3166730.05 8
• IN WITNESS WHEREOF, the parties hereto have executed, or caused to be executed by
their duly authorized officials, this Agreement on the respective dates indicated below.
•
EDA:
BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY
By:
Its: Executive Director
Date: , 2009.
CONSULTANT:
GREATER METROPOLITAN HOUSING CORPORATION
By:
Its: President
•
Date: , 2009.
fb.us.3166730.05
9