HomeMy WebLinkAbout2001-007 EDAR1
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adoption:
Member Kay Lasman
introduced the following resolution and moved its
EDA RESOLUTION NO. 2001 -07
RESOLUTION APPROVING AMENDED AND RESTATED DEVELOPMENT
AGREEMENT
WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota
(the "EDA has heretofore entered into a Development Agreement dated February 22, 2000 (the
"Original Development Agreement by and between the EDA and Talisman Brookdale, LLC, a
Delaware limited liability company (the "Developer with respect to the renovation of the
Brookdale Mall (the "Project and
WHEREAS, the Developer has requested certain changes to the Original
Development Agreement, which changes are necessary to accommodate the Developer in obtaining
financing for the Project, which changes are more particularly set forth in an Amended and Restated
Development Agreement approved by the EDA on December 21, 2000 (the "Restated Development
Agreement and
1. The changes to the Amended and Restated Development Agreement, in substantially the
form set forth in the attachments to this Resolution as Exhibit E, Exhibit D, and page 7 of the
Amended and Restated Development Agreement, are hereby approved and the President and
Executive Director are hereby authorized to execute the Amended and Restated Development
Agreement with such changes.
April 2, 2001
WHEREAS, the Developer has also requested additional changes to the agreement.
NOW, THEREFORE, BE IT RESOLVED by the EDA in and for the City of
Brooklyn Center as follows:
7)/
Date A President
The motion for the adoption of the foregoing resolution was duly seconded by member
Bob Peppe
and upon vote being taken thereon, the following voted in favor thereof:
Myrna Krangess, Kay Lasman, Ed Nelson, and Bob Peppe;
and the following voted against the same: none;
whereupon said resolution was declared duly passed and adopted.
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RESOLUTION NO. 2001 -07
EXHIBIT E
DESCRIPTION OF DAYTON'S MINIMUM IMPROVEMENTS
The following are the minimum improvements that are expected to be performed by
Dayton's in their remodeling of the store. The Dayton's intent is to redesign the entire
store for the re- merchandising and reconfiguration of the store in order to update the store
to the Dayton's current standards as included in their other local stores.
New ceiling layouts and materials. Replacement and refinishing of the existing ceiling
materials to the new store design.
New ceiling lighting layout.
New or refurbished light fixtures to conform to the new ceiling deign. Replace and
refurbish existing lighting to the new store layout design.
New drywall partitions and ceilings to the new design. Construct new partitions and
modify existing ceiling areas as required by the new store design.
New acoustical ceiling systems and tile to the new design.
Painting and new wall covering materials on of walls and columns as required by the to
the new store design.
Remove existing floor materials and replace with new hard floor
materials as part and install new to of the new store design.
Re wire the store to the new construction requirements. Install all new electrical and
mechanical to current code requirements.
Install new cabinets and fixtures Furnish and install all new store merchandising and
counter fixtures to the new store design.
Revise the HVAC system distribution as required by the new store design to suit the new
ceiling and wall configuration.
Revise the building to comply with the current code requirements as applied to the new
work required by the remodeling of the store new store design.
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RESOLUTION NO. 2001-07
Doc.B26
EXHIBIT D
DESCRIPTION OF MINIMUM IMPROVEMENTS
The following is a brief description of the minimum improvements that are contemplated as part of the
redevelopment of Brookdale Center.
A. Out Parcel Improvements: (Future improvement based on tenant leasing):
Construct new retail and/or restaurant buildings with approximately 54,850 SF of added GLA on the four
out parcels approved through the PUD process.
B. Existing Center Common Mall Areas:
1. East Mall:
a) Demolition of portions and refmish other areas of the existing ceiling system.
b) Install new skylight system.
c) Install new hard ceiling and lighting system.
d) Install new column enclosures and tile finishes.
e) Install new tenant demising piers as required and refinish existing to the new design and fmishes.
f) Install new hard floor tile and base.
g) Paint all existing and new drywall
surfaces.
h) Revise existing heating and cooling system to new ceiling configuration.
i) Install underground electrical service and telephone conduit for new kiosks and retail
merchandising units.
j) Install underground water and sanitary sewer to new kiosk locations
k) Provide the Kiosks and Retail Merchandising Units.
1)
m) Install interior landscaping.
n) Install fountain feature.
b)
c)
d)
e)
fl
g)
h)
2. Arcade (Mervyns J.C. Penny) Mall:
a)
decor.
Install new skylight system.
Install new hard ceiling and lighting system.
Install new column tile finishes.
Refinish existing neutral piers with new ceramic tile and paint.
Install new tenant demising piers.
Install new hard floor tile and base.
surfaces.
j) Install underground electrical service and telephone conduit for new kiosks and retail
merchandising units.
k) Provide the Kiosks and Retail Merchandising Units.
1) Install fountain feature.
m) Install interior landscaping.
Existing ceiling system to remain and be repainted to new
Paint all new and existing drywall
RESOLUTION NO. 2001-07
3. Central Mall:
a) Demolition of portions and refinish other areas of the existing ceiling system.
b) Install new skylight system.
c) Install new hard ceiling and lighting system.
d) Install new column enclosures and tile fmishes.
e) Refinish existing neutral piers with new ceramic tile and paint.
fl
g)
h)
i)
j
Install new hard floor tile and base.
Install underground electrical service and telephone conduit for new kiosks and retail
merchandising units.
Install underground water and sanitary sewer to new kiosk locations.
Provide the Kiosks and Retail Merchandising Units.
surfaces.
k) Revise existing heating and cooling system to new ceiling configuration.
4. South Side Lane adjacent to J.C. Penney:
a) Refmish existing common area hard ceiling systems.
b) Paint all drywall surfaces.
c) Refinish existing neutral piers with new ceramic tile and paint.
d) Install new hard tile flooring and base.
e) Install interior landscaping
C. New Construction:
1. West End Addition (North of SEARS)
a) Demolition of the existing mall end building including the tenant spaces, common area and
entrances.
b) Demolition of the mall maintenance and storage building.
c) Perform asbestos abatement of the existing building area.
d) Install new structural steel framing for addition.
e) Install new metal roof deck.
f) Install new roofmg system
g) Install new entrance facade feature E.F.I.S. materials.
h) Install new entrance doors including handicapped access door equipped with assist operators.
i) Install new Brookdale exterior signage.
j) Install new Food Court exterior signage.
k) Install new common area hard and acoustical ceiling systems.
1) Install new lighting and cove lighting systems.
m) Install new HVAC systems for the added areas.
n) Install new wall finishes of drywall and fmish paint.
o) Install underground electrical service and telephone conduit for new kiosks and retail
merchandising units.
p) Install underground water and sanitary sewer to new kiosk locations.
q) Provide the Kiosks and Retail Merchandising Units.
r) Install new tenant neutral piers.
s) Install new hard tile flooring and base.
t) Install under slab utilities for future fountain feature in mall court area.
u) Install interior landscaping.
v) Construct food court tenant spaces.
w) Construct a food court with interior special fmishes.
x) Furnish the food court with necessary tables and chairs.
y) Construct common area toilet rooms adjacent to the Food Court area.
z) Enlarge the electrical service to accommodate the expanded area.
aa) Provide special exterior fmishes at the Barnes Noble mini -anchor space.
bb) Install a new 750 KW emergency generator system for the fire alarm system and for smoke
control.
Paint all new and remaining drywall
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RESOLUTION NO. 2001-07
2. North Side Entrance (adjacent to Dayton's):
a) Demolition of existing mall entrance.
b) Install new structural steel framing for addition.
c) Install new metal roof deck.
d) Install new roofmg system.
e) Install new entrance facade of€eature E.I.F.S material.
f) Install new entrance doors.
g) Install new Brookdale exterior signage.
h) Install new common area hard and acoustical ceiling systems.
i) Install new lighting and cove lighting systems.
j) Install new HVAC systems for the added areas.
k) Install new wall finishes of drywall and fmish paint.
1) Install new tenant neutral piers in new construction area.
m) Refinish existing neutral piers with new ceramic tile and paint.
n) Install new hard tile flooring and base.
o) Install interior landscaping.
3. South Side Lane Entrance (adjacent to Dayton's):
a)
b)
c)
d)
e)
f)
g)
h)
i)
j)
k)
1)
m)
n)
o)
p)
The approved expansion area is designated as a future large box tenant.
Refinish existing common area hard ceiling systems.
Paint all drywall surfaces.
Refinish existing neutral piers with new ceramic tile and paint.
Install new hard tile flooring and base.
Install interior landscaping.
D. General Interior Building Work and Systems Upgrades:
a) Install a new fire alarm system for the common area
b) Install the new fire alarm system to accommodate all existing tenant spaces to be connected as the
tenants perform a remodeling of their spaces.
c) Install "Quick Response" type sprinkler heads throughout the mall and in all new tenant spaces.
d) Require that all tenants in existing spaces install "Quick Response" type heads in their tenant
spaces during their renovation of the space.
e) Perform asbestos abatement in the Central and East Courts as determined by the environmental
consultant.
f) Perform asbestos abatement prior to any tenants beginning new construction in the existing tenant
areas.
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RESOLUTION NO. 2001-07
E. Site Work:
a) Perform site excavation, fill and grading in the new construction areas.
b) Perform site paving, striping and signage in the new construction areas.
c) Install new light standards in new construction areas to conform to the revised building layout.
d) Install new sidewalks and curbs in the new construction areas.
e) Install new landscape and irrigation in the new construction areas.
t) Relocate all existing gas, electric, sanitary and storm lines to accommodate the new construction
areas.
g) Remove all existing utilities from within the new building pad areas.
h) Relocate the existing mall fuel oil tank to accommodate the new North side construction area
adjacent to Dayton's.
i) Perform demolition of the existing J.C. Penney automotive building (TBA).
j) Construct new pavement and parking spaces in the TBA area.
k) Install a new 42" storm sewer line and manholes to accommodate the capture of the East paved
area storm water and tie it into the existing storm water management manhole and system.
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RESOLUTION NO. 2001-07
nuisance, or public safety problems which may arise in connection
with the construction and operation of the Project.
(11) The Developer will expend at least $50,000,000 on the
capital costs of construction of the Minimum Improvements,
payments to the owners of the Anchor Tenants for remodeling
costs, acquisition of the Penny's store, and demolition costs of
Development Property or Adjacent Property, which costs are
exclusive of equipment or other personal property and any "soft
costs" such as architectural, engineering, management,
administrative overhead, financing and legal costs, except that
payments made by Developer to unrelated third parties not to
exceed $7,800,000 for architectural /engineering fees, legal costs
directly related to leasing, construction management, and
construction engineering and inspection will be considered
capital costs of construction for purposes of this section (11).
(12) The construction of the Minimum Improvements has
commenced on or before March 1, 2000, and barring Unavoidable
Delays, the Minimum Improvements will be substantially completed
by August 15, 2002. Notwithstanding the foregoing, the Developer
represents that the Development Property will have a market value
of at least $45,000,000 as of January 2, 2003.
(13) The Developer has received assurances from the owner
of the Daytons store located on the Adjacent Development Property
that the construction of the Daytons Minimum Improvements will
commence on or before March 1, 2002, and barring Unavoidable
Delays, the Daytons Minimum Improvements will be substantially
completed by March 30, 2003. Notwithstanding the foregoing, the
Developer represents that the Adjacent Development Property will
have a market value of at least $30,000,000 as of January 2,
2004.
(14) No part of the Development Property shall be leased or
used as for an adults -only entertainment center, adults only
bookstore, adults -only motion picture theater, massage parlor,
rap parlor or sauna, and the Developer covenants and agrees that
its objective in developing the Development Property include the
preservation of a wholesome and first class, quality image for
the Development Property and Developer shall not cause the
Development Property to be used for any event or other purpose
which is inconsistent with decency and good taste.
988288.9
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