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HomeMy WebLinkAbout2010 04-26 EDAP EDA MEETING City of Brooklyn Center April 26, 2010 AGENDA • 1. 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. March 8, 2010 — Regular Session 4. Commission Consideration Items a. Resolution Authorizing Execution of a Second Amendment to Development • Agreement Requested Commission Action: — Motion to adopt resolution. b. Consideration of Grant Applications for Contamination Cleanup of the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center 1. Resolution Authorizing the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant from the Minnesota Department of Employment and Economic Development Requested Commission Action: — Motion to adopt resolution. 2. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account Requested Commission Action: — Motion to adopt resolution. 3. Resolution Approving an Application for a Hennepin County Environmental Financial Grant Requested Commission Action: . — Motion to adopt resolution. 5. Adjournment EDA Agenda Item No. 3a • 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 MARCH 8, 2010 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 9:18 p.m. 2. ROLL CALL President Tim Willson and Commissioners Tim Roche, Dan Ryan, and Mark Yelich. Excused Absence: Commissioner Kay Lasman. Also present were Executive Director Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Yelich seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. February 22, 2010 — Regular Session 3b. RESOLUTION NO. 2010-06 Opting Not to Waive Limited Tort Liability for 2010 Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS -None. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Roche seconded adjournment of the Economic Development Authority meeting at 9:19 p.m. t Motion passed unanimously. 03/08/10 -1- DRAFT � f i E DA Agenda Item No. 4a COUNCIL ITEM MEMORANDUM . DATE: April 21, 2010 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development g SUBJECT: Second Amendment to the Development Agreement, FBI Regional Field Office Project Recommendation: It is recommended that the City Council consider approval/adoption of the Resolution Authorizing Execution of a Second Amendment to Development Agreement (FBI Regional Field Office Project). Background: On October 20, 2009, the City Council adopted Resolution No. 2009 -18, Authorizing the Execution of a Third Amendment to Real Estate Option Agreement. This amendment provided technical corrections and procedural revisions to the draft Development Agreement that was attached to the initial Option Agreement with the GSA, dated March 19, 2008. • The Development Agreement provided for Barry Minneapolis, LLC to close on the property within 120 days from the execution of the agreement, to commence construction no later than May 31, 2010 and to complete the minimum improvements no later than October 12, 2011. On February 22, 2010, the EDA adopted Resolution No. 2010 -04 Authorizing the execution of the First Amendment to the Development Agreement, which included the following: - An extension of the closing date until April 29, 2010, - The acknowledgement of the plans by Barry Real Estate to assign their developer's right, title and interests in and to the lease with the GSA and the development agreement for this FBI Regional Field Office Project to PH, LLC. ( Molasky Group of Companies) , - An extension of the commencement of construction date from May 31, 2010 to July 31, 2010, and - The extension of the completion date from October 1, 2011 to December 31, 2011. Second Amendment to the Developer's Agreement: Barry Real Estate is requesting that the Development Agreement be amended to allow the extension of the April 29, 2010 closing date to June 10, 2010 and adjustments to the commencement of construction date from July 31, 2010 to August 31, 2010 and the extension of the completion date from December 31, 2011 to January 1, 2012. The additional time is being requested to complete the conveyance of developer's rights from • Barry Minneapolis, LLC. (Barry Real Estate Companies) to PH LLC. ( Molasky Group of .Mission: Ensuring an attractive, clean, safe community that enhances the quality qff life (uul presen es the public trust COUNCIL ITEM MEMORANDUM Companies) and the assignment of the lease from the GSA. As indicated above, the extension of this closing date does not affect the schedule of having the project completed in 2011. Budget Issues: There are no budget issues to consider. Council Goals: Strategic Goal #2: Aggressively proceed with implementation of City's redevelopment plans. Ongoing Goal #3: Moving towards maintaining or lowering the level of City property taxes. • I • Mission: Ensuring an attractive, clean, safe comm unity that enhances the quality of life and preserves the public trust REAL ESTATE COMPANIES • CHRISTIAN B. SCHOEN CHIEF EXECUTIVE OFFICER April 15, 2010 Economic Development Authority of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 Attention: Executive Director Re: Development Agreement by and between the Economic Development Authority of Brooklyn Center and Barry Minneapolis; LLC dated October 16, 2009 (the "Development Agreement ") Sir/Madam: Pursuant to Section 3.9(a) of the Development Agreement, as amended by the First Amendment to Development Agreement dated February 22, 2010, Closing of the Development Property shall take place on or before April 29, 2010, or such other date as the parties mutually agree. On behalf of Barry Minneapolis, LLC, this letter constitutes our request for an extension • of . the Closing to June 10, 2010. Furthermore, the delay in Closing will affect the commencement and completion of construction of the Minimum Improvements. We also request that Section 4.3 of the Development Agreement be amended to provide that construction of the Minimum Improvements shall commence no later than August 31, 2010, and construction of the Minimum Improvements shall be completed no later than January 1, 2012. If the extended t Closing and commencement and lease completion of construction are acceptable, dates for os. g p P P ent Agreement reflecting ' provide a Second Amendment to Develo m g these revised dates. P P �' Sc • 4 Chris Schoen - 30 IVAN ALLEN JR BOULEVARD/SUITE 900/ATLANTA, GA 30308 / QfftCe. 404.601 .088o / fa1C. 404.601 .0881 www.banyro)itpanips.com Commissioner introduced the following resolution and • moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING EXECUTION OF A SECOND AMENDMENTTO DEVELOPMENT AGREEMENT WHEREAS, the Economic Development Authority of the City of Brooklyn Center, Minnesota (the "Authority ") and the United States of America, acting by and through the U.S. General Services Administration (the "GSA") have heretofore entered into a Real Estate Option Agreement (as amended, the "Option Agreement ") providing for the Authority's conveyance of certain real property to GSA for the purpose of constructing office space containing up to approximately 173,572 square feet of rentable space with an onsite parking facility structure having a minimum of 347 secured and visitor parking spaces (the "Project ") within the City of Brooklyn Center, Minnesota (the "City "). WHEREAS, by that certain Assignment of Option Agreement dated effective as of June 19, 2009, the GSA assigned its rights under Option Agreement to Barry Minneapolis, LLC (the . " "Develo er P ) WHEREAS, the Developer exercised the option granted in the Option Agreement by delivering to the Authority, inter alia, that certain Development Agreement dated October 16, 2009 (the "Development Agreement "). • WHEREAS, the Authority and the Developer previously amended the Development Agreement pursuant to that First Amendment to Development Agreement dated effective as of February 22, 2010 to revise the timing of the Closing Date set forth in the Development Agreement to April 29, 2010, together with corresponding revisions to the dates set forth for commencement and completion of the construction of the Minimum Improvements (as set forth in the Development Agreement). WHEREAS, the Authority and the Developer now desire to further amend the Development Agreement pursuant to a Second Amendment to Development Agreement (the "Amendment ") to revise the timing of the Closing Date set forth in the Development Agreement to June 10, 2010 together with corresponding revisions to the dates set forth for commencement g P g and completion of the construction of the Minimum Improvements (as set forth in the Development Agreement). NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Authority of Brooklyn Center, Minnesota, as follows: 1. The Board of Commissioners hereby approves the Amendment in substantially the form submitted, and the Executive Director is hereby authorized and directed to execute the Amendment on behalf of the Authority. 2. The approval hereby given to the Amendment includes approval of such • additional details therein as may be necessary and appropriate and such modifications thereof, deletions therefrom and additions thereto as may be • necessary and appropriate and approved by the Authority officials authorized by this resolution to execute the Amendment. The execution of the Amendment by the appropriate officer or officers of the Authority shall be conclusive evidence of the approval of the Amendment in accordance with the terms hereof. 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. • • SECOND AMENDMENT TO DEVELOPMENT • THIS SECOND AMENDMENT TO DEVELOPMENT AGREEMENT (this "Amendment ") is entered into effective as of April _, 2010, by and between the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, a public body corporate and politic organized and existing under the laws of the State of Minnesota (the "Authority "), and BARRY MINNEAPOLIS, LLC, a Georgia limited liability company (the "Developer "). I RECITALS WHEREAS, the Authority and the UNITED STATES OF AMERICA, ACTING BY AND THROUGH THE U.S. GENERAL SERVICES ADMINISTRATION (the "GSA ") entered into that certain Real Estate Option Agreement dated effective as of March 19, 2008 (as amended, the "Option Agreement "), pursuant to which the Authority granted to the GSA an option to purchase certain property located in Brooklyn Center, Minnesota (the "Property ") for the purpose of constructing a federal office facility of up to approximately 173,572 square feet and a related parking facility. WHEREAS, pursuant to that certain Assignment of Option Agreement dated effective as of June 19, 2009, the GSA assigned its -rights under the Option Agreement to Developer. Developer exercised the option to purchase granted in the Option Agreement by delivering to the Authority, inter alia, that certain Development Agreement dated October 16, 2009 (the "Development Agreement "), which Development Agreement sets forth the terms and • conditions of the sale of real property from the Authority to the Developer and the development of said property by Developer. i WHEREAS, the Development Agreement, as amended by that certain First Amendment to Development Agreement dated effective as of February 22, 2010 ( "First Amendment "), currently provides for a Closing Date of April 29, 2010, or such other date as the parties may agree. WHEREAS, Developer and PH LLC, a Nevada limited liability company, are under contract for the assignment of Developer's right, title and interest in and to a lease with the GSA and the Development Agreement to PH LLC "Purchase Agreement"). P �' . ( g ) WHEREAS, the closing under the Purchase Agreement shall occur prior to, or simultaneously with, PH LLC's closing on the financing of the design and construction of the Minimum Improvements and the Development Agreement. WHEREAS, the terms of the Development Agreement provide that Developer's obligation to close the transaction contemplated by the Development Agreement on the Closing Date is conditioned on Developer having closed on financing for Developer's design and construction of the Minimum Improvements. • 2497937v1 • WHEREAS, the Authority has agreed to Developer's request to amend the Development Agreement to permit Developer additional time to close the Purchase Agreement and PH LLC's subsequent financing. WHEREAS, the parties now desire to amend the terms of the Development Agreement to reflect the above described agreement. WHEREAS, the parties have agreed to amend the Development Agreement on the terms and conditions set forth herein. AGREEMENT NOW, THEREFORE, in consideration of the mutual covenants contained herein and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties agree as follows: 1. Definitions Capitalized terms not otherwise defined or amended in this Amendment shall have the meaning(s) as set forth in the Development Agreement. 2. Closing Date Sections 3.9(a) of the Development Agreement is hereby deleted and replaced with the following: "(a) Time and Place Subject to the terms and conditions of this Agreement, the Closing on the purchase and sale of the Development Property shall take place • on or before June 10, 2010, or such other date as the parties may mutually agree. If Developer desires to close prior to June 10, 2010, Developer shall provide five (5) business days written notice of such earlier Closing Date to the Authority. The Closing shall take place at the Minneapolis offices of Briggs and Morgan, P.A. or such other place which is mutually acceptable to the parties. The Authority shall deliver possession of the Development Property to the Developer on the Closing Date." 3. Commencement and Completion of Construction The first sentence of Section 4.3 of the Development Agreement is hereby deleted and replaced with the following: "Subject to the terms and conditions of this Agreement and to Unavoidable Delays, the Developer will commence construction of the Minimum Improvements no later than August 31, 2010, and will complete construction of the Minimum Improvements no later than January 1, 2012." 4. No Further Modification of Agreements; Ratification Except to the extent modified herein, all other terms and provisions of the Development Agreement, as previously amended by the First Amendment, shall remain in full force and effect. Except to the extent modified herein, the Development Agreement, as previously amended by the First Amendment, is hereby ratified and affirmed in all respects by the Authority and Developer. If any conflict exists between the terms and conditions of the Development Agreement or the First Amendment • and the terms and conditions of this Amendment, the terms and conditions of this Amendment shall control. -2- 2497937v1 5. Governiny Law This Amendment shall be construed and enforced in • accordance with the laws of the State of Minnesota. 6. Counterparts This Amendment may be executed in any number of counterparts, each of which shall be deemed an original, but all of which together shall constitute one and the same instrument. [Signature page(s) follow.] • • -3- 2497937v1 IN WITNESS WHEREOF, the parties have executed this Amendment • , p end t to be effective as of the day and year first above written. Authority: Developer: ECONOMIC DEVE P LO MENT BARRY MINNEAPOLIS LLC AUTHORITY OF BROOKLYN a Georgia limited liability company CENTER, a public body corporate and politic organized and existing under the laws of the By: State of Minnesota Name: Its: By: Name: Its: • -4- 2497937v1 DA Agenda Item No. 4b COUNCIL ITEM MEMORANDUM DATE: April 21, 2010 • TO: Curt Boganey, City Manager FROM: Tom Bublitz, EDA/HRA Spe cialist l THROUGH: Gary Eitel, Business and Development Director f rant Applications for Contamination Cleanup SUBJECT: Consideration of Approval o G P of pp PP the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center I Recommendation: It is recommended that the Economic Development Authority of Brooklyn Center, Minnesota (EDA) consider approval of the following resolutions: A. Resolution Authorizing the Economic Development Authority of Brooklyn Center. Minnesota to Apply for a Contamination Cleanup Grant from the Minnesota Department of Employment and Economic Development. B. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account. C. Resolution Approving an Application for a Hennepin County Environmental Financial • Grant. Background: This memorandum addresses the proposed environmental remediation and redevelopment of the industrial property located at 4821 Xerxes Avenue North in Brooklyn Center (the Site) and known as the former Howe Chemical Site. With regard to environmental remediation of The Site, the EDA is being asked to apply for grant funding to assist with cleanup of the Site by the new owner, Real 'Estate Recycling Acquisitions, LLC (RER, LLC). The grant funds are awarded on a competitive basis from the State Department of Employment and Economic Development, Metropolitan Council and Hennepin County Department of Environmental Services. I � The grant mechanisms require that the EDA apply for the grant and be accountable for expenditure of the funds but RER, LLC would manage and conduct all the cleanup activities through private contractors and consultants. Essentially, the EDA serves asapass through of grant funds to RER, LLC. Available Contamination Clean Up Grants: The resolutions to be considered by the EDA address three contamination cleanup grant programs. The programs are as follows: Department of Employment and Economic Development (DEED) Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM The Minnesota Contamination Cleanup Grant Program was established in 1993 to cleanup • contaminated sites and convert contaminated property into a marketable asset. The Department of Employment and Economic Development (DEED) is the administering state agency for the grant program. The DEED grant requires a 25% local match which will be provided by RER, LLC. Metropolitan Council Tax Base Revitalization Account (TBRA) Enacted by the Legislature in 1995, the Metropolitan Livable Communities Act designated the Metropolitan Council as the administrator of the Tax Base Revitalization Program. This program makes grants to cleanup contaminated land for subsequent redevelopment, job retention and job growth in areas that have lost some of their commercial industrial base. No local match is required. Hennepin County Environmental Response Fund (ERF) and Environmental Protection A eg ncy (EPA) Brownfield's Revolving Loan Fund Grants Hennepin County makes environmental cleanup grants available through its Environmental Response Fund (ERF) grant program, which is funded by the collection of mortgage registry and deed tax for deposit into an Environmental Response Fund account. The ERF grants can be used for assessment and or cleanup of contaminated sites located within Hennepin County. In addition to the ERF program, Hennepin County also manages the EPA Brownfield Revolving Loan Fund Grant Program. This is funded by the Federal EPA for the redevelopment of Brownfield's. A Brownfield is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence of potential hazardous substance, pollutant or contaminant. Tlie program was created by the 2002 Federal Brownfield's Law. No local match • is required. Site History The Site at 4821 Xerxes Avenue North has been a manufacturer and distributor of custom formulated agricultural fertilizers, insecticides, fungicides, and herbicides since approximately 1940. A retail petroleum station was also located at the Site from approximately 1945 to 1970. The Site was owned for many years by the Howe family and operated under both the name of Howe, Inc. and Howe Chemical Company. Subsequently, in approximately 1983, the facility was purchased by the Con Agra Fertilizer Company now known as United Agra Products ( also known as UAP 'Distribution, Inc.) The Site operations that came after the Howe ownership included distribution of agricultural fertilizers. A major industrial incident occurred at the Site in 1979 when one of the buildings burned down. The building reportedly contained over 80 tons of 100 different types of pesticides and over 120 tons of bag and bulk fertilizers, all of which burned along with equipment, electrical equipment, vehicles, maintenance chemicals, wood, metal, batteries, etc. (stored within the building). The water used to fight the fire (estimated at 500,000 gallons) drained onto the Site, pavements and soil where it pooled as well as ran into site storm water catch basins. Mission: Ensuring an attractive, clean, safe conununity that enhances the quality of life anti preserves the public trust COUNCIL ITEM MEMORANDUM Site soil and groundwater sampling and analysis subsequent to the fire were performed and • elevated concentrations of agricultural chemicals were detected in both the Site soil and ground water. Following the fire, the State of Minnesota assumed control of the investigation and clean up of the Howe site in Brooklyn Center and selected and implemented two cleanup steps, first the removal of contaminated soil, ice and snow to Martin County, Minnesota and second, pumping out contaminated groundwater downgradient from the Howe facility. The second step also involved the State's decision not to further investigate or cleanup any soils on the Howe site itself. Soil excavation was ruled out since it was determined that the pesticides in the soil would eventually infiltrate into groundwater where they could be controlled or removed and because of the amounts present and hydrogeologic conditions, remedial action of the Howe site was not thought to be necessary. Current requirements for investigation and clean up of contaminants on the Site suggest that the initial investigation and cleanup was not adequate. Subsequent to the 1979 fire and initial cleanup, the Site continued in operation as a fertilizer distribution operation. In 1986 the Crop Mate Company which was a Con Agra affiliate acquired the site. All Site operations were discontinued in 2006. In 2008, site and building plan approval was granted by the City to RER for a 50,000 sq. ft. Office Warehouse facility. Over the past few years since 2008, RER Acquisitions, LLC had been working with the Department of Agriculture and Minnesota Pollution Control Agency to • establish which State agency had authority to provide oversight relative to the cleanup of The Site. It is staff's understanding that the issue of agency oversight has been resolved and that the cleanup of the Howe Chemical Site will be overseen by the Minnesota Pollution Control Agency (MPCA) through its Voluntary Investigation and Clean Up program (VIC). Site Clean Up and Proposed Development RER Acquisitions, LLC acquired the Howe site in April 2010 and has enrolled the property in the MPCA's Voluntary Investigation and Clean Up (VIC) program in order to proceed with required cleanup, and redevelopment of The Site as per MPCA standards spelled out in work plans approved by the MPCA. Based on MPCA approved work plan and a Phase I environmental investigation completed by RER, The Site requires over $1.5 million in soil remediation. Additional costs include site investigation and Remedial Action Plan (RAP) development, demolition of vacant buildings, costs of MPCA oversight and capping of the site with hard surface materials. The total cost of remediation/clean up of The Site is projected at $2,407,000. The cleanup of The Site is proposed to be funded by grant programs previously discussed. The dollar amounts requested from the various grant programs are as follows: • $1,242,000 from DEED contamination cleanup grant program. • $200,000 from Metropolitan Council Tax Base Revitalization Account (TBRA) program. • $700,000 from Hennepin County Environmental Response Fund and/or EPA . Brownfield's Grant Program. Mission: Ensuring an attractive, clean, safe conununhty that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM • $265,000 from Developer to provide capping of The Site and also to meet the 25 percent • local match funding required by the DEED grant program. The development proposed for the Site by RER will be a 50,000 to 60,000 square foot Office Warehouse building identical in appearance to the buildings constructed by RER directly across Brooklyn Boulevard in Minneapolis. Budget Issues: I There are no direct budget impacts to consider since RER will provide the local match for the DEED grant and the various grant agencies will provide all funding for contamination cleanup, including demolition of the buildings on the site. Presently the primary budget impact will be staff time necessary to monitor the grants, process payment requests to RER's contractors performing grant related work and to the various funding agencies and maintain the required financial records. With past environmental cleanup grants from DEED, Met Council and Hennepin County, the City paid the contractors doing work as part of the grant funding and then submitted requests for reimbursement to the various funding agencies. Council Goals: The Council Goal addressed is the following: Strategic: • 1. We will aggressively proceed with implementation of City's redevelopment p lans I • Mission: Ensuring an attractive, clean, safe community that enhancer the quality of life and preserves the public trust • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA TO APPLY FOR A CONTAMINATION CLEANUP GRANT FROM THE NIINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT WHEREAS, RER Acquisitions, LLC is the owner of certain real property located at 4821 Xerxes Avenue North in Brooklyn Center, known as the former Howe Chemical Site (the Site); and WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (EDA) believes it is in the best interest of the City of Brooklyn Center to encourage the environmental cleanup and redevelopment of the Site; and WHEREAS, the EDA desires to facilitate the cleanup and redevelopment of the Site by RER Acquisitions, LLC; and • WHEREAS, the redevelopment of the Site meets the redevelopment objectives of the City's modified redevelopment plan (The "Redevelopment Plan ") for Housing Development and Redevelopment Project No. 1 (The "Redevelopment Project Area ") as adopted on December 19, 1994 by the EDA; and WHEREAS, the EDA has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to insure adequate project administration. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota as follows: • The EDA approves the contamination cleanup grant application submitted to the Department of Employment and Economic Development on May 3, 2010 by the EDA for the Howe Chemical site. The EDA is authorized to act as the legal sponsor for Project (s) contained in the Contamination Cleanup Grant Program to be submitted on May 3, 2010 and that the EDA Executive Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the EDA. • The EDA has the legal authority to apply for financial assistance and the institutional, managerial and financial capability to insure adequate project administration. • • The sources and amounts of the local match identified in the application are committed to the Project identified. • The EDA has not violated any federal, state or local laws pertaining to • fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful corrupt practices. • Upon approval of its application by the State, the EDA may enter into an agreement with the State of Minnesota for the above referenced Project(s) and that the EDA certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. • The EDA Executive Director is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. 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. • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE METROPOLITAN COUNCIL FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS, The City of Brooklyn Center is a participant in the Livable Communities Acts Local Housing Incentives Account Program for 2010 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City, through its Economic Development Authority (EDA) has identified a contamination cleanup project within the City that meets the Tax Base Revitalization Account's purpose and criteria; and WHEREAS, the Economic Development Authority of Brooklyn. Center, Minnesota (EDA) has the institutional, managerial and financial capability to insure adequate project and grant administration; and . WHEREAS, the EDA certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and j WHEREAS, the EDA finds that the required contamination cleanup will not occur through private or other public investment within the reasonable foreseeable future without Tax Base Revitalization Account grant funding; and WHEREAS, the EDA represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was not able to find or secure from other sources funding that is necessary for clean up completion and states that this representation is based on the following reasons and supporting facts: • No local funds are available to fund the proposed cleanup activities, including General Fund and Special Revenue Funds of the City and/or EDA. • State Department of Agriculture Cleanup Funds are not available for the proposed cleanup activities at the Site. • Proposed cleanup activities at the Site do not qualify for Minnesota Petrofund funding. • Tax Increment Finance funding is not available for cleanup activities at the site. • I • NOW THEREFORE BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota that it acknowledges it will be the grantee and agrees to act as legal sponsor administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on May 1, 2010; and BE IT FURTHER RESOLVED that the EDA Executive Director is hereby authorized to apply to the Metropolitan Council for this funding on behalf of the Economic Development Authority for Brooklyn Center, Minnesota and to execute such agreements as are necessary to implement the Project on behalf of the applicant. Date President The motion for the adoption of the foregoing resolution was duly seconded b commissioner P g g Y Y 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. I • • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AN APPLICATION FOR A HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT WHEREAS, an application requesting grant funds from the Hennepin County Department of Environmental Services has been prepared for submission by the Economic Development Authority of Brooklyn Center, Minnesota (EDA); and WHEREAS, the grant funds will be used for environmental cleanup of the former Howe Chemical Site located at 4821 Xerxes Avenue North in Brooklyn. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota (EDA) that the EDA supports the Environmental Financial Grant Application submitted to the Hennepin County Department of Environmental Services on May 3, 2010, by the EDA for the former Howe Chemical Site located at 4821 Xerxes Avenue North in Brooklyn Center. • 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.