Loading...
HomeMy WebLinkAbout1990 12-18 EDAP Regular Session EDA AGENDA CITY OF BROOKLYN CENTER DECEMBER 18, 1990 (following adjournment of City Council meeting) 1. Call to Order 2. Roll Call 3. Approval of Minutes: a. October 29, 1990 - Special Session 4. Resolution: a. Approving the Brooklyn Center Economic Development Authority Budget for the Year 1991 Pursuant to MSA Chapter 469.033, Subdivision 6 and MSA Chapter 469.107, Subdivision 1 5. Discussion Items: a. Establishing the Budget for Tenant Improvements to D Barn and Authorizing the Taking of Quotes for Work b. Terminating the Contract with EBF Management 6. Adjournment 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 0 SPECIAL SESSION OCTOBER 29, 1990 CITY HALL CALL TO ORDER The Brooklyn Center Economic Development Authority met in special session and was called to order by President Dean Nyquist at 9 :16 p.m. ROLL CALL President Dean Nyquist, Commissioners Celia Scott, Todd Paulson, Jerry Pedlar, and Philip Cohen. Also present were EDA Director Gerald Splinter, Director of Public Works Sy Knapp, Finance Director Paul Holmlund, Director of Planning and Inspection Ron Warren, City Attorney Charlie LeFevere, EDA Coordinator Brad Hoffman, EDA Assistant Coordinator Tom Bublitz, and Administrative Aide Patti Page. RESOLUTIONS The EDA Director presented a Resolution Accepting Quotations and Awarding Contract for Demolition of 6730 Perry Avenue North. RESOLUTION NO. 90 -12 Commissioner Celia Scott introduced the following resolution and moved its adoption: 0 RESOLUTION ACCEPTING QUOTATIONS AND AWARDING CONTRACT FOR DEMOLITION OF 6730 PERRY AVENUE NORTH The motion for the adoption of the foregoing resolution was duly seconded by member Philip Cohen, and the motion passed unanimously. DISCUSSION ITEM REQUEST FOR PROPOSAL - COMMERCIAL /INDUSTRIAL MARKET STUDY The EDA Director briefly reviewed the study areas contained within the RFP. Commissioner Cohen inquired if the areas were in any type of priority order. The EDA Director stated they were not in any specific order. There was a motion by Commissioner Cohen and seconded by Commissioner Pedlar approving the request for proposal for a commercial /industrial market study. The motion passed unanimously. ADJOURNMENT There was a motion by Commissioner Cohen and seconded by Commissioner Paulson to adjourn the meeting. The motion passed unanimously. The Brooklyn Center Economic Development Authority adjourned at 9:20 p.m. President 10/29/90 _1_ �v (EEHRAB2) Member introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 1991 PURSUANT TO MSA CHAPTER 469.033, SUBDIVISION 6 AND MSA CHAPTER 469.107, SUBDIVISION 1 ------------------------------------------------------------- WHEREAS, the Brooklyn Center Economic Development Authority has considered the attached budget and finds that this budget is necessary g g Y for the operation of the Brooklyn Center Economic Development Authority Y P Y during the year 1991: NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority for the City of Brooklyn Center that the attached budget of the Economic Development Authority for said City is hereby approved. BE IT FURTHER RESOLVED that a copy of this resolution, together with the attached budget, be submitted to the City Council of the City of Brooklyn Center. -------------------- - - - - -- ------------------------------- Date President The motion for the adoption of the forgoing resolution was duly seconded by member , 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. ECONOMIC DEVELOPMENT AUTHORITY AND HOUSING AND REDEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA 1991 BUDGET CITY OF BROOKLYN CENTER DEPARTMENT OF FINANCE DDLBL (EEHRACR) Member introduced the following resolution and moved its adoption: RESOLUTION NO. RESOLUTION APPROVING A TAX CAPACITY LEVY FOR THE PURPOSE OF DEFRAYING THE COST OF OPERATION, PROVIDING INFORMATIONAL SERVICE, AND RELOCATION ASSISTANCE PURSUANT TO THE PROVISIONS OF MSA 469.001 THROUGH 469.047, OF THE HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER FOR THE YEAR 1991 ------------------------------------------------------------------------- WHEREAS, the City Council of the City of Brooklyn Center is the governing body of the City of Brooklyn Center; and WHEREAS, the City Council has received a resolution from the Housing and and ment Redevelo " Resolution Authority of the City of Brooklyn Center entitled a Establishing Redevelopment Tax Lev for the Broo Center and Redevelopment Y Y 9 P Authority for the Year 1991 and WHEREAS, the City Council, pursuant to the provisions of MSA 469.033, Subdivision 6, must by resolution consent to the proposed tax levy of the Housing nd Redevelopment Authority of the Ci of Brook Center. g P Y Y Y NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Brooklyn Center that a special tax be levied upon all real and personal property • within the City of Brooklyn Center at the rate of 0.0144% of taxable market value of all taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota. BE IT FURTHER RESOLVED that the said property tax levy, to be used for the operation of the Brooklyn Center Housing and Redevelopment Authority pursuant to the provisions of MSA 469.001 through 469.047, be certified for tax levy to the County Auditor of Hennepin County on or before December 28, 1990. ---------------------------- - - - - -- ------------------------------------ Date Mayor ATTEST: Clerk The motion for the adoption of the foregoing resolution was duly seconded by member , 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. (EEHRATR) Member introduced the following resolution and moved its adoption: HRA RESOLUTION NO. RESOLUTION ESTABLISHING THE TAX LEVY FOR THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY FOR THE YEAR 1991 ------------------------------------------------------------ BE IT RESOLVED by the Housing and Redevelopment Authority of the City of Brooklyn Center as follows: Section 1: That there be and hereby is levied a property tax for the Housing and Redevelopment Authority, for the year 1991, at the rate of 0.0131% of taxable market value of all taxable property, real and Personal, situated within the coroporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota, for the purpose of establishing an H.R.A. Fund and conducting the operation of a H.R.A. pursuant to the provisions of MSA 469.001 through 469.047. Section 2: That there be and hereby s levied an additional property tax for the Housing and Redevelopment Au 1 thority, for the year 1991, at the rate of 0.0013% of taxable market value of all taxable property, real and personal, situated within the corporate limits of the City of Brooklyn Center, Minnesota and not exempted by the Constitution of the State of Minnesota or the valid laws of the State of Minnesota, for the purpose of defraying costs of providing informational service and relocation assistance as authorized by MSA 469.033, Subdivision 6. Section 3: That the consent resolution by the City Council of the City of Brooklyn Center to this special tax for the operation of the Housing and Redevelopment Authority be attached to this resolution and made part of it. Section 4: That said tax rate and levy be certified to the County Auditor of Hennepin County on or before December 28, 1990. Passed by the Housing and Redevelopment Authority of the City of Brooklyn Center this 5th day of December, 1990. ----------------------------- - - - - -- --------------------------------- Date Chairman The motion for the adoption of the foregoing resolution p g g u ion was duly seco nded by member , 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 (EHRABDGT) Member introduced the following resolution and moved its adoption: HRA RESOLUTION NO. RESOLUTION APPROVING THE BROOKLYN CENTER HOUSING AND REDEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 1991 PURSUANT TO MSA CHAPTER 469.033, SUBDIVISION 6 AND MSA CHAPTER 469.107, SUBDIVISION 1 ------------------------------------------------------------------ WHEREAS, the Brooklyn Center Housing and Redevelopment Authority has considered the attached budget and finds that this budget is necessary for the operation of the Brooklyn Center Housing and Redevelopment Authorit during the year 1991: NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority for the City of Brooklyn Center that the attached budget of the Economic Development Authority for said City is hereby approved. BE IT FURTHER RESOLVED that a copy of this resolution, together with the attached budget, be submitted to the City Council of the City of Brooklyn Center. Passed by the Housing and Redevelopment Authority of the City of Brooklyn Center this 5th day of December, 1990. -------------------- - - - - -- ------------------------------- Date President The motion for the adoption of the forgoing resolution was duly seconded by member , 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. • (EHRABUD) HOUSING AND REDEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA ANNUAL OPERATING BUDGET 1991 PROPOSED SUMMARY OF ESTIMATED REVENUES, APPROPRIATIONS AND CHANGES IN FUND BALANCE ------------------------------------------------- ESTIMATED ESTIMATED 1990 1991 --- - - - - -- --- - - - - -- ESTIMATED REVENUE: --------------- -- General Property Taxes $111,987 $114,000 Homestead Credits 16,363 16,000 TOTAL ESTIMATED REVENUE $128,350 $130,000 ---- - - - - -- ---- - - - - -- ---------- ---- - - - - -- s APPROPRIATIONS: Transfer to Economic Development Authority $128,350 $130 TOTAL APPROPRIATIONS $128,350 $130 FUND BALANCE - January 1, 0 0 FUND BALANCE - December 31, $0 $0 (EEHRAB2) Member introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING THE BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY BUDGET FOR THE YEAR 1991 PURSUANT TO MSA CHAPTER 469.033 SUBDIVISION 6 AND MSA CHAPTER 469.107, SUBDIVISION 1 ------------------------------------------------------------- WHEREAS, the Brooklyn Center Economic Development Authority has considered the attached budget and finds that this budget is necessary for the operation of the Brooklyn Center Economic Development Authority during the year 1991: NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority for the City of Brooklyn Center that the attached budget of the Economic Development Authority for said City is hereby approved. BE IT FURTHER RESOLVED that a copy of this resolution, together with the attached budget, be submitted to the City Council of the City of Brooklyn Center. Passed by the Economic Development Authority of the City of Brooklyn Center this 5th day of December, 1990. -------------------- - - - - -- ------------------------------- Date President The motion for the adoption of the forgoing resolution was duly seconded by member , 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. (EDAPROG) • ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA ANNUAL OPERATING BUDGET AUTHORIZED PROGRAMS ---- - - - - -- -- - - - - -- ------------------------------------------------------------------- FUND NUMBER DIVISION DESCRIPTION NUMBER PROGRAM NUMBER - - - - -- - - - - -- - - - - -- ------------------------------------------ 22 E.D.A. SPECIAL OPERATING FUND 86 E.D.A. Administration 901 E.D.A. Administration 902 Housing Study 10 Rehabilitation Grants & Loans 904 County Projects Administration 01 -99 C.D.B.G. Rehab Grants 11 Scattered Site Redevelopment 101 -199 Property Acquisitions • 12 Commercial Industrial Study 903 Commercial Industrial Study 13 Rental to Owner Conversions 201 -299 Property Conversions 23 EARLE BROWN HERITAGE CENTER 88 Earle Brown Heritage Center 911 E.B.H.C. Operations (Reimbursements) 912 E.B.H.C. Operations (Direct Payment) 913 E.B.H.C. Capital Outlay 915 Inn on the Farm 916 Office Rentals 917 Convention Center 918 E.B.H.C. Administration 919 E.B.H.C. Maintenance 24 EARLE BROWN TAX INCREMENT DISTRICT 87 Earle Brown Farm 920 E.B.F. Administration 921 E.B.F. Bonds of 1991 933 E.B.F. Restoration 934 E.B.F. Management Startup • 935 E.B.F. Bed & Breakfast • (E DABAL ) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER SPECIAL OPERATING FUND BALANCE SHEET December 31, 1990 and 1989 1990 1989 ASSETS Cash and investments $ 694,896 $ 631,627 Taxes receivable delinquent 1,564 1,564 Due from other funds: C.D.B.G. 50,000 90,381 TOTAL ASSETS $ 746,460 $ 723,572 LIABILITES AND FUND BALANCE • Current Liabilities: Due to other governments: county $0 $6,800 Deferred revenue 1,564 1,564 Total Liabilities $ 1,564 $ 8,364 - - - - -- --- - - - - -- Fund Balance: Unappropriated $ 744,896 $ 715,208 --- - - - - -- --- - - - - -- Total Fund Balance $ 744,896 $ 715,208 --- - - - - -- --- - - - - -- TOTAL LIABILITIES AND FUND BALANCE $ 746,460 $ 723,572 . (EDABUD) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER SPECIAL OPERATING FUND 1991 PROPOSED BUDGET 1988 1989 Estimated Estimated Actual Actual 1990 1991 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- REVENUES MISCELLANEOUS REVENUE Interest $39,893 $51,428 $57,000 $52,000 Land Sales 18,000 40,000 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- Total Miscellaneous Revenue 39,893 51,428 75,000 92,000 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- OTHER SOURCES OF FUNDS TRANSFERS FROM OTHER FUNDS: Housing & Redevelopment Author 75,492 78,501 128,350 130,000 Community Development Block Grants Housing & Redev Year XIII 110,190 Housing & Redev Year XIV 169,285 Housing & Redev Year XV 131,916 Housing & Redev Year XVI 195,000 Special Assess Debt Service Fund - -- 78,000 --- - - - - -- --- - - - - -- --- - - - - -- Total Other Sources 185,682 247,786 260,266 403,000 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- TOTAL REVENUE & OTHER SOURCES $225,575 $299,214 $335,266 $495,000 EXPENDITURES Administration $17,808 $67,532 $108,781 $162,765 Rehabilitation Grants & Loans 101,669 106,662 131,916 88,000 Scattered Site Redevelopment 22,383 64,881 70,000 Commercial Industrial Study 30,000 Rental to Owner Conversions 60,000 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- TOTAL EXPENDITURES $119,477 $196,577 $305,578 $410,765 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Fund Balance, January 1 506,473 612,571 715,208 744,896 - - -- -- - - - - -- - - - - - -- - -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Fund Balance, December 31 $612,571 $715,208 $744,896 $829,131 (EDABUDI) ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA 1991 PROPOSED BUDGET APPROPRIATIONS: I. ADMINISTRATION ------------------------------------------------------------------------------ 1990 1991 OBJECT 1988 1989 1990 ESTI- RECOM- NO. OBJECT ACTUAL ACTUAL ADOPTED MATED MENDED - - - -- ------------------- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4100 Salaries of Employees 38,616 38,616 40,000 4130 Wages of Part -time Empl 10,000 4142 PERA 1,730 1,730 2,240 4144 FICA 2,900 2,900 3,825 4151 Health Insurance 1,733 1,733 3,000 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 0 0 44,979 44,979 59,065 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4210 Office Supplies 114 439 0 230 100 4220 General Supplies 346 200 30 100 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- SUPPLIES TOTAL 114 785 200 260 200 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4310 Professional Services 47 2,332 40,000 15,000 5,000 4312 Legal S ervices 0 2,703 15,000 7,000 5,000 4310 Housing Study CDBG 43,531 5 PROFESSIONAL SERVICES TOTAL 47 48,566 55,000 27,000 10,000 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4334 Use of Personal Auto 0 0 200 100 100 4350 Printing 45 0 500 500 500 4351 Legal Notice Publication 2,000 100 500 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- TRANSPORT ATION TOTAL 45 0 2,700 700 1,100 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4397 LOGIS Charges 918 997 2,000 1,400 2,000 4411 Conference & Schools 548 481 2,000 1 2,000 4413 Dues & Subscriptions 419 25,300 25,300 25,300 4417 Books and Pamphlets 45 300 300 300 4422 Administrative Services 6,238 5,004 5,298 5,298 28,700 Contingency 34,100 MISCELLANEOUS TOTAL 8,168 6,482 34,898 33,298 92,400 - - - - -- ------ - - - - -- - - - - -- - - - - -- OPERATING BUDGET SUB -TOTAL 8,374 55,833 137,777 106,237 162,765 - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4551 Office Furniture & Equip 5,699 662 2,650 2,544 0 4553 Mobile Equipment 0 11,037 0 0 0 4560 Construction Contract 3,735 0 0 0 0 II'II i - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- CAPITAL OUTLAY TOTAL 9,434 11,699 2,650 2,544 0 TOTAL BUD GET $17,808 $67,532 $140,427 $108,781 $162,765 1 0 (EDABUD2) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER 1990 PROPOSED BUDGET APPROPRIATIONS: II. REHABILITATION GRANTS ----------------------------------------------------------------------- 1990 1991 OBJECT 1989 1990 ESTI- RECOM- NO. OBJECT ACTUAL ADOPTED MATED MENDED - - - -- ------------------ - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4100 Salaries, Regular Employees $2,018 $2,000 $2,000 $2,000 - - - - -- - - - - -- - - - - -- - - - - -- PERSONAL SERVICES TOTAL 2,018 2,000 2,000 2,000 - - - - -- - - - - -- - - - - -- - - - - -- 4310 Professional Services 8,200 12,600 9,600 6,000 4312 Legal Services 0 - - - - -- - - - - -- - - - - -- - - - - -- PROFESSIONAL SERVICES TOTAL 8,200 12,600 9,600 6,000 - - - - -- - - - - -- - - - - -- - - - - -- 4351 Legal Notice Publication 0 0 0 0 - - - - -- - - - - -- - - - - -- - - - - -- PRINTING TOTAL - - - - - 0 - - - - - 0 - - - - - 0 - - - - - 0 4382 Other Equipment Repair 0 7,900 0 0 4383 Buildings Repair 91,440 144,000 115,018 80,000 - - - - - -- - - - - - -- - - - - - -- - - - - - -- REPAIR & MAINTENANCE TOTAL 91,440 151,900 115,018 80,000 - - - - - -- - - - - - -- - - - - - -- - - - - - -- 4411 Conferences & Schools 0 102 0 0 4414 Licenses, Taxes & Fees 0 100 0 0 4422 Administrative Services 5,004 5,298 5,298 0 - - - - -- - - - - -- - - - - -- - - - - -- MISCELLANEOUS TOTAL 5,004 5,500 5,298 0 - - - - -- - - - - -- - - - - -- - - - - -- TOTAL BUDGET $106,662 $172,000 $131,916 $88,000 ------- - - - - - -- - - - - - -- - - - - - -- (EDABUD3) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER 1990 PROPOSED BUDGET APPROPRIATIONS: III. SCATTERED SITE REDEVELOPMENT ----------------------------------------------------------------------- 1990 1991 OBJECT 1989 1990 ESTI- RECOM- NO. OBJECT ACTUAL ADOPTED MATED MENDED - - - -- ------------------ - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4310 Professional Services 0 0 2,000 2,000 4312 Legal Services 0 - - - - -- - - - - -- - - - - -- - - - - -- PROFESSIONAL SERVICES TOTAL 0 0 2,000 2,000 - - - - -- - - - - -- - - - - -- - - - - -- 4414 Licenses, Taxes & Fees 1,900 0 0 4,000 - - - - -- - - - - -- - - - - -- - - - - -- MISCELLANEOUS TOTAL 1,900 0 0 4,000 - - - - -- - - - - -- - - - - -- - - - - -- 4510 Land 20,483 62,881 64,000 - - - - -- - - - - -- - - - - -- - - - - -- CAPITAL OUTLAY TOTAL 20,483 0 62,881 64,000 - - - - -- - - - - -- - - - - -- - - - - -- TOTAL BUDGET $22,383 $0 $64,881 $70,000 - - - - - -- - - - - - -- - - - - - -- - - - - - -- ------- - - - - - -- - - - - - -- - - - - - -- (EDABUD4) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER 1990 PROPOSED BUDGET APPROPRIATIONS: IV. COMMERCIAL INDUSTRIAL STUDY ----------------------------------------------------------------------- 1990 1991 OBJECT 1989 1990 ESTI- RECOM- NO. OBJECT ACTUAL ADOPTED MATED MENDED ----- ------------------------ ------ ------ ------ - - - - -- 4310 Professional Services 0 0 0 30,000 4312 Legal Services 0 ------ ------ ------ - - - - -- PROFESSIONAL SERVICES TOTAL 0 0 0 30,000 ------ ------ ------ - - - - -- TOTAL BUDGET $0 $0 $0 $30,000 • ( EDABUDS ) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER 1990 PROPOSED BUDGET APPROPRIATIONS: V. RENTAL TO OWNER CONVERSIONS ----------------------------------------------------------------------- 1990 1991 OBJECT 1989 1990 ESTI- RECOM- NO. OBJECT ACTUAL ADOPTED MATED MENDED - - - -- ------------------ - - - - -- - - - - -- - - - - -- - - - - -- - - - - -- 4310 Professional Services 0 0 0 60,000 - - - - -- - - - - -- - - - - -- - - - - -- PROFESSIONAL SERVICES TOTAL 0 0 0 60,000 - - - - -- - - - - -- - - - - -- - - - - -- TOTAL BUDGET $0 $0 $0 $60,000 ------- - - - - - -- - - - - - -- - - - - - -- (EBFBAL) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER EARLE BROWN FARM T.I.F. DISTRICT BALANCE SHEET December 31, 1990 and 1989 1990 1989 ASSETS Cash and investments $ 0 $ 907,337 Accounts receivable 0 8,181 TOTAL ASSETS $ 0 $ 915,518 ------------ ---- - - - - -- ---- - - - - -- LIABILITES AND FUND BALANCE --------------------------- Current Liabilities: Vouchers payable $ 0 $ 43,384 Accounts payable 0 147,933 Construction loans 6,650,574 2,677,671 Advances from other funds 698,143 700,282 --- - - - - -- --- - - - - -- Total Liabilities 7,348,717 3,569,270 --- - - - - -- --- - - - - -- Fund Balance: Unappropriated (7,348,717) (2,653,752) Total Fund Balance (7,348,717) (2,653,752) --- - - - - -- --- - - - - -- TOTAL LIABILITIES AND FUND BALANCE $ 0 $ 915,518 (EBFBUD) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER EARLE BROWN FARM T.I.F. DISTRICT • 1991 PROPOSED BUDGET 1988 1989 Estimated Estimated Actual Actual 1990 1991 REVENUES --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- GENERAL PROPERTY TAXES Tax Increments $927,802 $925,071 $972,700 $1,066,000 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- Total Property Taxes 927,802 925,071 972,700 1,066,000 - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- MISCELLANEOUS REVENUE Interest 166,405 146,300 Contract For Deed Interest 32,488 32,725 Rent, Refunds and Misc 6,383 --- - - - - -- - - - - -- --- - - - - -- --- - - - - -- Total Miscellaneous Revenue 198,893 185,408 0 0 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- OTHER SOURCES OF FUNDS Transfers from CDBG Fund 200,000 20,000 Sale of Bonds 6,000,000 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- Total Other Sources 200,000 20,000 0 6,000,000 --- - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- TOTAL REVENUE & OTHER SOURCES $1,326,695 $1,130,479 $972,700 $7,066,000 - - - - - -- --- - - - - -- -- - - - - -- -- - - - - -- • EXPENDIURES General Administration $50,950 $69,506 Operation & Maintenance 6,015 2,039 Commons Water System 1,501 Phase III Streetscape 155,017 Jim Ryan Agreement 275 Earle Brown Commons 4,751 E.B.F. Restoration 301,507 4,705,071 $4,437,065 E.B.F. Management Startup 104,635 433,758 E.B.F. Bed & Breakfast 4,845 S.C.P. Street Improvements 522,050 Internal Borrowing Interest 9 373,000 $100,000 Property Taxes 66,000 20,000 Tennant Improvements 175,000 Total Expenditures 1,146,701 5,225,127 4,876,065 295,000 - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- OTHER FINANCIAL USES Transfer to Debt Service 85 Fund 431,710 420,000 430,000 475,000 Transfer to Debt Service 91 Fund 400,000 Transfer to EB Heritage Center 361,600 85,700 Transfer to Special Assess Fund 2,139 Transfer to M.S.A. Fund 593,069 - - - - -- --- - - - - -- --- - - - - -- --- - - - - -- Total Other Financial Uses 1,026,918 420,000 791,600 960,700 TOTAL EXPENDITURES & OTHER USES $2,173,619 $5,645,127 $5,667,665 $1,255,700 (EBHCBUD) ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER EARLE BROWN HERITAGE CENTER 1991 PROPOSED BUDGET Estimated Estimated 1990 1991 REVENUES --- - - - - -- --- - - - - -- OPERATING REVENUE Office rent $63,000 $124,000 Bed & Breakfast Rentals 53,000 110,000 Convention Rentals 193,000 330,000 Banquet Fees 30,000 66,000 Miscellaneous 11,000 44,000 --- - - - - -- --- - - - - -- Total Operating Revenue 350,000 674,000 --- - - - - -- --- - - - - -- OTHER SOURCES OF FUNDS TRANSFERS FROM OTHER FUNDS: Earle Brown T.I.F. District 361,600 85,700 --- - - - - -- --- - - - - -- Total Other Sources 361,600 85,700 TOTAL REVENUE & OTHER SOURCES 711,600 759,700 - - - - - -- --- - - - - -- --- - - - - -- • EXPENDITURES Salaries & Wages 270,000 Fringe Benefits 48,000 Supplies 55,400 35,000 Professional Services 232,200 Communications 22,500 25,900 Printing & Promotional 138,800 75,000 Insurance 16,600 17,400 Utilities 92,500 65,000 Contractual Services 48,200 55,700 Cost of Sales - Food 6,300 8,000 Management Fee 99,100 106,000 Real Estate Taxes 25,000 Administrative Services 28,700 TOTAL EXPENDITURES &',OTHER USES $711,600 $759,700 - - -__ - ----- ___= i (EEHRAPS) ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA ANNUAL OPERATING BUDGET DETAIL OF ADMINISTRATIVE SERVICES --------------------------------- --------------------------------------------------------------------------- COMPLEMENT 1989 1990 1991 ------- - - - - -- ADOPTED ADOPTED RECOMMENDED POSITION AUTH REQ ANNUAL ANNUAL ANNUAL ------------------- - - - - -- - - - -- - - - -- -- - - - - -- -- - - - - -- -- - - - - -- EDA and Purchasing Coordinator 0.75 0.75 $34,776.00 $36,841.00 $37,656.00 Asst. Finance Director 0.12 0.12 5,460.00 5,611.00 Staff Accountant 0.25 0.25 8,460.00 - - - -- - - - -- --- - - - - -- --- - - - - -- --- - - - - -- Total Full -time #4100 1.12 1.12 40,236.00 42,452.00 46,116.00 - - - -- - - - -- --- - - - - -- --- - - - - -- --- - - - - -- PERA #4142 1,710.03 1 2,066.00 Social Security #4144 3,021.72 3,188.15 3,527.87 Hospitalization #4151 2,210.00 2,580.00 2,880.00 Life Insurance #4152 10.00 10.00 10.00 6,951.75 7,679.99 8,483.87 --- - - - - -- --- - - - - -- --- - - - - -- Office Rent 1,050.00 1,050.00 1,050.00 Equipment Rent 1 1,800.00 1,800.00 --- - - - - -- --- - - - - -- --- - - - - -- TOTAL ADMINISTRATIVE SERVICES $50,037.75 $52,981.99 $57,449.87 Admin Services Distribution --------------------------- EDA Administration - Unallocated Program 901 - 50% $5,298.20 $28,724.94 Grant Administration - Rehab Grants Program 904 - 0% 5,298.20 0.00 Earle Brown Farm - Administration Program 920 - 50% 42,385.60 28,724.94 --- - - - - -- --- - - - - -- $52,981.99 $57,449.87 --- - - - - -- --- - - - - -- --------- --- - - - - -- (JHRA37) CITY OF BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY DEBT SERVICE - BONDS OF 1983 RESUME OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 1988 1989 Estimated Projected Actual Actual 1990 1991 ESTIMATED REVENUE: Tax Increments $162,496 $146,524 $130,243 $132,000 Homestead Credits 20,700 18,994 Interest 33,996 42,672 48,000 50,000 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- TOTAL REVENUE 217,192 208,190 178,243 182,000 - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- EXPENDITURES Principal 60,000 75,000 75,000 75,000 Interest 67,963 63,163 57,688 52,025 Fiscal Agent Charges 987 515 750 775 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- TOTAL EXPENDITURES 128,950 138,678 133,438 127,800 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Fund Balance January 1 474,271 562,513 632,025 676,830 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Fund Balance December 31 $562,513 $632,025 $676,830 $731,030 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -------- -- - - - - -- -- - - - - -- -- - - - - -- Bonds Outstanding - Dec 31 $870,000 $735,000 $660,000 $585,000 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- -------- -- - - - - -- -- - - - - -- -- - - - - -- Callable Feb 1, 1992: Principal $585,000 Interest 24,569 Fiscal Agent Charges 1,000 PAYOFF AMOUNT $610,569 (JHRA38) ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER, MINNESOTA DEBT SERVICE - BONDS OF 1985 RESUME OF REVENUES, EXPENDITURES, AND CHANGES IN FUND BALANCE 1988 1989 Estimated Projected ACTUAL ACTUAL 1990 1991 ESTIMATED REVENUE MISCELLANEOUS REVENUE Interest $22,822 $25,859 $26,000 $26,000 Total Miscellaneous Revenue 22,822 25,859 26,000 26,000 - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- TRANSFERS FROM OTHER FUNDS E.D.A. Fund Transfers 431,710 420,000 430,000 475,000 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Total Transfers 431,710 420,000 430,000 475,000 -- - - - - -- --- - - - - -- -- - - - - -- -- - - - - -- TOTAL REVENUE $454,532 $445,859 $456,000 $501,000 -------- -- - - - - -- -- - - - - -- -- - - - - -- EXPENDITURES Principal $0 $0 $50,000 $60,000 Interest 410,725 410,725 409,150 405,625 Fiscal Agent Charges 474 542 887 900 - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- TOTAL EXPENDITURES $411,199 $411,267 $460,037 $466,525 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Fund Balance January 1 390,689 434,022 468,614 464,577 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- Fund Balance December 31 $434,022 $468,614 $464,577 $499,052 -- - - - - -- -- - - - - -- -- - - - - -- -- - - - - -- T CITY OF BROOKLYN CENTER Council Meeting Date 12/18/90 Agenda Item Number REQUEST FOR COUNCIL CONSIDERATION ITEM DESCRIPTION: RESOLUTION ESTABLISHING THE EARLE BROWN FARM D BARN TENANT IMPROVEMENT PROJECT AND ACCEPTING A BUDGET FOR THE PROJECT DEPT. APPROVAL: EDA Coordinator Signature - title S REVIEW/RECOMMENDATION: �� MANAGER . No comments to supplement this Nr s Comments below /attached SUMMARY EXPLANATION: (supplemental sheets attached _) Tuesday evening the EDA will consider the merit of a lease for the "D" Barn from David C. Bell Mortgage Co. The term of the lease is five ears with y t a gross revenue of $246,954.92 over that period of time. In addition to tenant improvements, the EDA is responsible for all costs (taxes, heat, air conditioning, and so forth) except electricity. As part of the tenant improvements, Bell Mortgage is asking for a vestibule to be built on the south side (facing the mall area) of the "D" Barn. At Tuesday's meeting, I will have elevations of the addition for EDA review and comment. If the EDA elects to go ahead with this project, tenant improvements will cost approximately $175,000. Given the fact that the building is a shell, the budget includes plumbing, heating, air conditioning, insulation, and other buildout costs. Also included are typical tenant improvements such as carpeting, wall separations, wall treatments, bathrooms, and so forth. Attached is a budget for the project. All items (subcontracts) are small enough that the EDA would get written quotations for the work. (Note that the mechanical and electrical budget lines are made up of several quotable components.) If you decide to proceed with this project, then I would recommend that you pass the resolution establishing the project and this budget figure. In turn, I would obtain written quotations for the work for EDA review and approval. At a buildout and tenant improvement cost of $175,000 plus real estate taxes of $3.25 per foot (estimate) and a heating /cooling cost of an estimated $4,000, the monthly cost to the EDA is approximately $5,008. This assumes the entire cost of the buildout and tenant improvement is amortized over the term of the lease at 9.5%. The tax paid will come back to the EDA in the form of a tax increment. 1 you account for all costs on the operation side only, this project is a negative $50,000 to $60,000. In other words, our total cost over the five -year term will be approximately $300,000 to $312,000, compared to the lease value of $247,000. However, approximately $55,000 is buildout, i.e. bringing the building to minimum standards in order to start tenant improvements. Tenant improvements on a per square foot basis (gross square feet not leasable) is approximately • $25.00. This is not an unusual amount in the industry today. If you are comfortable with the concept that the property tax is not a true operational cost because it comes back to the EDA in the form of tax increment, then this project will pay for itself over the five -year period. During the next leasing period, the EDA would have additional tenant improvements but should show a positive cash flow. I would recommend that you approve the project and establish a budget of $175,000 to be funded from the capital improvement fund as a loan to the EDA. Tuesday I will bring elevations of the vestibule for your review and comment. Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION ESTABLISHING THE EARLE BROWN FARM D BARN TENANT IMPROVEMENT PROJECT AND ACCEPTING A BUDGET FOR THE PROJECT WHEREAS, the Brooklyn Center Economic Development Authority has received a proposed lease for the "D" Barn at the Earle Brown Heritage Center; and WHEREAS, it is in the long -term interest to the preservation of the Heritage Center that the "D" Barn be completed; and WHEREAS, the Economic Development Authority has established an estimated cost of $175,266 for the completion and tenant improvements to the "D" Barn. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center that: 1. the EDA Secretary be directed to accept written quotations from subcontractors for the completion of the tenant improvements of the "D" Barn; and 2. the estimated costs for the "D" Barn tenant improvements are established at $175,266; and 3. all costs for this project shall be allocated to the Earle Brown Heritage Center; and 4. the Earle Brown Farm Tax Increment District shall provide a loan of the necessary funds which will be repaid along with 8% interest over the life of the office lease. 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. ' ....... .... _________________________________________________________________ WATSON SCOTT CONSTRUCTION _—___________ ------------ _____________________________ GENERAL CONDITIONS PROJECT;D BARN BELL MORTGAGE :DATE ********* BID DATE:12-3-90 :TIME 33210 ESTIMATOR; GSW :ADDENDUM ________________________________________________________________________ � DESCRIPTION :QTY :U/LB:UNIT/MTL: LABOR :MATERIAL � ------------------------------------------------------------------------- � ****** DO NOT USE OR DELETE THIS LINE ****: — : — : — � 1 SUPERVISION : : : : 7500 : 2 LABOR CARPENTER 3 FIELD OFFICE & STORAGE 3.1 SANITATION : : : : : 170 4 SMALL TOOLS & ROUGH HDW. : : o : : 250 5 TRUCKING G PUNCHLIST 7 SCAFFOLDING & ACCES. : : : : : 207 8 SITE PREP, FENCE, SIGN 9 WINTER CONDITIONS : : : : : 1500 9.1 TEMP HEAT CONCRETE 9.2 ENCLOSE MASONRY 9.3 TEMP HEAT MASONRY 9.4 TEMP OR PERMANENT HEAT 9.5 SNOW REMOVAL 9.6 MISC ENCLOSURES 9.7 MISC WINTER COSTS 250 10 FUEL FOR EQUIPMENT 11 REPAIR & MAINTENANCE � 12 FIELD ENGINEERING 12.1 START & COMPLETION SURVEYS 13 ERRORS 14 TRAVEL & SUBSISTENCE 14.1 LEGAL EXPENSE 15 ELECTRICAL POWER 180 15.1 TEMP ELECTRIC 150 15.2 NSP CHARGES 15.3 MISC UTILITY CHARGES : : : : : 239 16 PHOTOS & XTRA PLANS 17 BUILDERS RISK INSURANCE 17.1 OWNERS PROCTIVE � 17.2 SPECIAL INSURANCE � � 18 TELEPHONE � 19 TESTING : : : : : 75 20 WATER SUPPLY, PUMPING 20.1 DEWATERING 20.2 WATER PERMIT 21 BUILDING PERMIT 21.1 SPECIAL PERMITS 21.2 PARKING FEES 22 FINAL CLEANUP 550 22.1 SITE CLEANUP—MASONRY DEBRIS 22.2 WINDOW WASHING � 23 WATCHMAN SECURITY SYSTEM � 23.1 TRAFFIC CONTROL � ` WATSON SCOTT CONSTRUCTION ------ _----- _------------ _____________________________ JOB RECAP Project:D Barn Bell Mortgage :DATE ********* BID DATE;12-3-90 :TIME - 33210 ESTIMATOR;GSW :ADDENDUM ________________________________________________________________________ DESCRIPTION i QTY :U :LABOR:MATRL:SUB :TOT LAB :TOT MAT :TOT SUB ________________________________________________________________________ ****** DO NOT USE OR DELETE THIS LINE 02100 SITE CLEARI: 02200 EARTHWORK : : : : : : : :[in Vest] 02300 PILING : : ; : : : x : 0 02400 SHORE & BRA: 02500 SITE DRAINAx 02550 SITE UTILIT: 02600 RDS WLKS PA: 02700 SITE IMPR %: : : : : : : : 0 � 02800 LAWNS PLANT: : : : : : : : 250 � 03100 CONC. FORMW: 03200 CONC REINF 03300 CIP CONC : : : : : : 0 : 0 : 03400 PRECAST CON: 03450 ARCH PRECAS: 03500 CEMENT DECK: 04100 MORTAR 04200 UNIT MASONR: : : ; : : 0 : 0 :[In Vest] 04300 STONE 05100 STRUCT META: 05200 METAL JOIST: 05300 METAL DECK : 05400 LITE 8UAGE : 05500 MISC METAL : : : : : : : : 375 06100 ROUGH CARP : 6215 06200 FINISH CARP: : : : c : : : 4200 06300 GLUE LAM WO: 06400 CUSTM WOODW: : : : : : : : 14500 07100 WATERPROOFJ: 07150 DAMPPROOFIN: 07200 BLDG INSUL : : : : : : : : 5280 07300 SHINGLES-TI: : : : : : : :[In Vest] 07400 PREFORM SID: : : : : : : : 0 07500 MEMBRANE RO: : : x : : : : 0 07600 SHEET METAL: 07700 WALL FLASHI: 07800 ROOF ACCES.: 07900 CAULK-SEALA: : : : : : : : 0 08100 METAL DRS-F: : : : x : : : 11594 08200 WOOD DOORS : 08300 SPECIAL DOO: 08500 METAL WINDOx 08600 WOOD WINDOW: : : : : : : :[In Vest3 08700 FINISH HDW 750 08800 WEATHERSTRI: 08850 GLASS GLAZI: : : : : : x : 629 08900 CURTAINWALL: ` � 08950 STOREFRONT . 0 09 100 LATH PLASTS:: 09200 GYPSUM DRYW: . . . : 13433 09300 TILE WORK ! : 5879 09400 TERRAllO , 0250 0 AC :OUS I C: WO: : 466 960 WOOD FLOOR I : : 3230 0 9650 0 C.AF` PET I NG : . 6089 09700 €",ESIL. FLOG: • 117 0980 SPECIAL COA : 09900 PAINTING 11621 09950 WALL COVERI: 10100 0 CHALK TACK : 10150 TOILET PART: 10250 FIRE EXT. . , 120 10400 ID DEVICES . : . , 75 10800 TOIL.BATH A: 500 14200 ELEVATORS 15000 MECHANICAL • u�761 16000 ELECTRICAL . , : 15485' Vestibule : : . • : 18660 . . • • ; * ►� DO NOT USE OR DELETE THIS LINE; JOB TOTAL f c_> - 0 154229 l b4.28. 65 148139.65 i 24 HOIST ENGINEERING 20 SAFETY & OSHA INSPECTIONS +5.1 SAFETY INSPECTIONS ; 26 RENTED EQUIPMENT' . . 150 26.1 EQUIPMENT OVERHEAD 26.2 CONCRETE BETE PUMP 27 TOWER CRANE RENTAL. & OPER'AT I : 27.1 INSTALL_ &< REMOVE TOWER CRANE: : : 27.2 MATERIAL HOIST RENT & OPREAT: 27.3 INSTALL & REMOVE MATERIAL HO: ; 2B ARC:HITECTS & ENGIN. FEES :9 DEMOLITION 30 UNDERPINNING . . * DO NOT USE OR; DELETE THIS LINE CHECK ITEMS : TOTAL GENERAL.. CONDITIONS 7500 : 3721 ADDENDA : DIRECT LABOR—D I REwC:T MATERI 0 0 COMPLETION TIME : TOTAL SUBCONTRACTORS . 154229 LI M DAMAGE=S ----------------------------------------------- _ - CASH ALLOW : SUBTOTALS: 7500 : 157950 TEMP WALLS Y "L RETAINED AMOUNT INSURANCE ON LABOR DELAYS : TAX ON MATERIALS OTHER: CONTRACTS : HEALTH & WELFARE UNPAINTE=D PLASTER : WAGE= RAISE — EQUIP OVERHEAD LEVEL FLOORS : TOTAL LABOR 7500 - C:U'E' "E'IN G/f='A`fiC:HINaa ----------------------------------------------- •.J EXPOSED C:ONC: : TOTAL COST . 165450 TOPPING PROFIT , 9816 SUBTOTAL: 175266 t _ 3 Y; -,:7_i a AN HISTORIC ESTORATION \. INN • E.YHI BIT HALL-CONVENTION CENTER ADDENDUM TO THE LEASE This is an Addendum to the Bell Mortgage Lease for Suite 100 at 6235 Earle Brown Drive, Brooklyn Center, Minnesota, dated November 12, 1990. SPECIAL CONDITIONS: 1. Tenant may place a satellite dish on the Heritage Center water tower. The maximum size satellite dish is approximately 24" x 24 ". The satellite dish must be painted red to match the color of the water tower. 2. Bell Mortgage has the Right of First Refusal to lease additional space in the yet- to -be- constructed G Barn that is to be located east of the D Barn. 3. Landlord grants to Tenant an Option to Renew the Lease for an additional five (5) year term. Landlord also agrees to renew this Lease under the same Terms and Conditions, except that of the base.rent specified in Paragraph 5 of the Lease, provided Tenant is not in default of any of the provisions in the Lease and provided Tenant notifies Landlord in writing ninety (90) days prior to the expiration of this Lease. It is hereby agreed and understood that the base rent herein defined is $13.50 per square foot and will be adjusted in accordance with the Consumer Price Index (C.P.I.) for the Minneapolis /St. Paul area. The base period is April 1, 1991. In no event will the increase or decrease exceed six percent (6 %) per year. 4. Landlord agrees not to lease space in the Heritage Center to another mortgage company without the prior written consent of Bell Mortgage, providing Bell Mortgage is not in default of this Lease. EBF MANAGEMENT COMPANY BELL MORTGAGE i BY �r���! g 6155 Earle Brown Drive, Brooklyn Center, MN 55430 (612) 569 -6300 FAX: (612) 569 -6320 LEASE EBF Management Company $ Varies (Owner /Landlord) (Lease Date) (Monthly Base Rent) Bell Mortgage Suite 100 $ 4,500.00 11 PAID (Tenant) (Umt(s)) (Security Deposit) Earle Brown Heritage Cent 5 years $ 3932.29 El PAID (Project) (Term) (First Month's Rent) 6 Earle B rown Drive February 1, 19 91$ ❑PAID (Address) (Beginning) (Improvements) Brooklyn Ce MN 554 January �1, 199 (City, State, Zip) (Ending) (Receipt By) THIS LEASE is executed this day of 19 between EBF Management Company with its principal place of business at 6155 Earle Brown Drive, Brooklyn Ce MN 55430 (the "Landlord"), and Bell Mortgage a (corporation) (partnership) (proprietorship), organized under the laws of the State of Minnesota with its principal place of business at (the "Tenant'). 3915 Highway 7 Minneapolis, MN 55410 1. DESCRIPTION: The landlord leases to the Tenant the following described place in the development known as the Earle Brown Heritage Center, 3775 square feet (the "Premises') located in the D Barn ( the "Building'). The Building address is 6235 Earle Brow Drive, Brooklyn Center, MN 55430 with location upon a portion of the parcel of land legally described as follows: Tract D. RLS 1594 The Premises are delineated in red ink on the plans of the Building hereto and incorporated herein by reference as Exhibit "A ". 2. TERM: This lease will be for a term of —5 years and 0 months. Theterm shall commence upon February ,19 and will expire upon January 31 , ion April 1, 1991 or 2 months after the Payment of rent shall begin 94 �FACr4f=74?l7G RoA�2I444@x49 9Leip9[I➢4 jeRrWMIfg K *remises are ready for occupancy ifthe Premises are not ready for occupancy at the commencement date of the Term. This term shall automatically renew, for alike term, at the expiration date of any renewal thereof, at Landlord's option, at an adjusted rental rate of the then existing monthly rental rate plus an increase of one percent (1 %) per month of past occupancy, unless, at least ninety (90) days prior to said expiration, Tenant shall notify Landlord, in writing, of his intention not to renew. 3. CONSTRUCTION WORK LETTER, CONDITION OF PREMISES, AND TENANT'S TRADE FIXTURES: If the premises are unfinished at present, the parties hereto will finish them in accordance with the terms and provisions as set out in the "Work Letter" executed with this lease and attached as Exhibit "B ". By occupying the Premises as a tenant, or to perform finishing work, Tenant shall have accepted the Premises, and acknowledged that the Premises are in the condition required by Landlord's covenants, except as to incomplete or defective items of Landlord's work then specified in writing by Tenant. 4. OPERATION AND USE OF PREMISES: a. The Tenant shall use the Premises for conducting only the following business: Mortgage Comp and Related Activeties b. Tenant's use of the Premises shall conform to all the Landlord's rules and regulations relating to the use of the Premises (see item 22.), and which may be amended by Landlord from time to time. Outside storage on the premises of any type of equipment, property, or materials owned or used on the Premises by Tenant or its customers and suppliers shall be permitted only with the prior written variance granted by the City of Brooklyn Center. c. The Tenant shall not injure the Premises or be a nuisance to others; shall keep the Premises free from rubbish; shall storeall rubbish within the Premises, and arrange for the regular pickup of rubbish and for janitorial service at its expense. The Tenant shall not obstruct in any way the sidewalk, areaways, parking lots, receiving docks or common areas of the Building or Premises. d. Tenant shall, at its expense, comply with all laws, governmental orders, regulations and rules relating to the use and condition of the Premises which are primarily occasioned by the purpose for which it uses or proposes to use the Premises, including all such laws, governmental orders, regulations and rules which relate to Tenant's improvements or betterments. 5. RENT: Tenant agrees to pay rent to the Landlord at its address above, or at such other address designated by Landlord in writing during the term of the following manner: $12.50 psf year 1; $13,00 psf year 2; $13.50 psf yr A fixed rent atthe annual rate of $14.00 psf year 4; $14.50 psf year 5. ($ ), payable in advance in equal monthly installments of $ 3 9 3 2 . 2 9; $ 4 0 8 9. 5 8; $ 4 2 4 6. 8 8; $ 4 4 0 4 .17 F 4, 5 61.4 6 on the first day of each and every month at the commencement of this lease or date of occupation of premises. Failure on behalf of Tenant to make these rent payments will result in Landlord's right to exercise legal remedies and shall subject Tenant to a Fitly Dollar ($50.00) per month Late Charge. If any legal action is begun Tenant is responsible for legal fees and a Three Hundred Dollar ($300.00) Management Charge. *Annual: $39,329.92 - year 1; $49,075.00 - year 2; $50,962.50 - year 3 $52,850.00 - year 4; $54,737.50 - year 5. D 6. OPERATING EXPENSES AND UTILITIES: a. In addition to base rent payable in Paragraph 5 hereof. Tenant or Landlord pays his share of operating expenses and utilities as follows: Landlord Heat and Air Conditioning Tenan Electricity and Lighting as metered including exterior and common areas Landlo later Landlord Sewer Landlord Landscape Replacement La Lawn Care Maintenance Landlord Snow Removal Land 1 or Paving and Parking Lot Repair L andlor d Exterior Building Maintenance Lan dlord Ar7E�s�ex�x?�s��;�'e�csFx Cost of Contractors to implement said services Land-lord Real Estate Taxes Landlord Insurance (Fire and Liability) Landlord Property Management Land Any other expense deemed necessary to operate said building in a first -class manner. b. Tenant will pay his pro rata share of expenses on a monthly basis along with the monthly rental payment. Said amount will be determined by estimating an annual budget for said expenses. If actual expenses exceed the budget expense amount, Tenant will pay Landlord the difference within 15 days of receipt of such notification. If actual expenses are less than budgeted expenses, Landlord will notify the Tenant of that and will credit the Tenant's budgeted expenses for the following year. At the request of Tenant, these charges shall be verified by Landlord's Controller, and such verified figures shall be binding upon the parties. The proration ratio, which will also apply to any future tenants in said building, is to be determined by the ratio of the square feet of said leased space to total amount of leasable square feet in said building. c. For the purpose of calculating Tenant's proportionate share for a fractional calendar year, each day of Tenant's occupancy shall beregardedas I /365th ofafull year's share, and Tenant shall be considered as in occupancy during the full period of the term of this lease falling within said fractional year. d. Service Interruption: Landlord shall not be liable for damages for failure of heat, hot or cold water, air conditioning, sewer service, electric current, gas, or any other service by reason of breakdown of plant, equipment or apparatus, shutdown of any thereof for necessary repairs or alterations, unavailability of fuel, water of any other substance or utility, war, civil disturbance, strike, lockout, fire, flood, casualty, governmental regulations, or other conditions beyond Landlord's control; provided that Landlord shall exert all reasonable effort to restore such services promptly, if within Landlord's control. 7. REPAIRS — ALTERATIONS: a. Landlord shall keep the foundations, exterior walls and the roof of the Building in which the Premises are located in good repair, except that Landlord shall not be required to make any repairs which become necessary by reason of any act, omission or negligence of Tenant, its agents, representative, contractors, employees, customers and invitees. b. Exceptas provided in Paragraph a. of this Article, Tenantshall keep the Premises and all heating, air conditioning, plumbing and electrical facilities and fixtures therein in good condition and throughout the Term hereof. Tenant shall permit no waste to the leased Premises. If tenant does not commence repairs within ten (10) days after written demand, or adequately complete such repairs within a reasonable time thereafter, Landlord may, in addition to any other remedy, make the repairs without liability for any loss that may occur to Tenant's business, and it Landlord makes such repairs, Tenant shall pay as additional rent the cost thereof with interest at the legal rate from the date of payment by Landlord until paid by Tenant. However, there shall be no obligation on the part of Tenant to comply with any laws which may require structural alterations, or additions, unless made necessary by any act, work, use or omission by Tenant, and Tenant shall not, during any one 12 month period, make any alterations to the Premises costing an aggregate in excess of three (3) months' fixed rent without first procuring the Landlord's written consent. C. Tenant shall make no structural additions or alterations to the Building or Premises; nor install any equipment which defaces the Building interior or exterior, without the written consent of the Landlord. No machinery or equipment shall be bolted or otherwise physically attached to the floors or walls of the Premises without the written consent of Landlord, and Tenant shall pay for any repairs necessary as a result of removal of any such machinery or equipment. 8. SIGNS: The Tenammay not erect any exterior or interior window or door advertising media or window or door lettering or placecards without the written consent of Landlord. Tenant shall not install any exterior decorations, without the consent of the Landlord. It Tenant shall install any sign or lettering in or around the Premises. Tenant must restore the Premises to their original condition at the termination of the Lease. 9. LANDLORD'S ACCESS: Landlord may enter the leased Premises at all reasonable hours for the purpose of inspecting the same or of making repairs, additions or alterations thereto or to the Building, or for the purpose of exhibiting the same to prospective tenants, purchasers or others. 10. INDEMNITY AND NON - LIABILITY: a. Tenant agrees to indemnify Landlord against all claims, demands and expenses, including reasonable attorney's fees, arising from the conduct of the business conducted by Tenant or from any default of Tenant in the performance of any covenant of this Lease, or from any act of Tenant, its agents, contractors, servants. employees, sub - lessees, concessionaires or licensees, in or about the Premises, the sidewalks adjoining the same, the loading areas, and the common areas. b. All property kept in the Premises shall be so kept at the sole risk of Tenant. Tenant will discharge any lien against the Premises provided that Tenant may contest such lien, upon furnishing to Landlord indemnification for the discharge thereof, as Landlord may reasonably require. c. Landlord shall not be liable to Tenant for any damage occasion by plumbing, electrical, gas, water, steam or other utility pipes, systems and facilities, or by the bursting, stopping, leaking or running any tank, washstand, closet or waste or other pipes in or about the premises or the Building, unless directly resulting from facilities controlled and maintained by Landlord and from Landlord's act or neglect after notice; nor for any damage arising from any acts or neglect of cc - tenants or other occupants of the building or of adjacent property, or the public. 11. TENANT'S LIABILITY INSURANCE: Tenants shall maintain policies of insurance, at its expense, insuring Landlord and Tenant from all claims for injury to or death of any one person in an amount of not less than $250.000 and for injury to or death of more than one person in any one accident to the limit of $500,000 and for damage to property in an amount of not less than $100,000 made on behalf of any person related to the operation of Tenant's business in the Premises. Said Certificates of Insurance shall be deposited with Landlord at the commencement of the Term and renewals thereof not less than thirty (30) days prior to the expiration of such coverage, and shall not contain, in addition, an undertaking by the insurer to give Landlord not less than ten (10) days' written notice of any cancellation or change in scope or amount of coverage of such policy. If Tenant fails to comply with such requiremenl, Landlord may obtain such insurance, and Tenant shall pay the Landlord the premium cost thereof as additional rent. 12. ASSIGN - SUBLET: a. Tenant shall not assign or in any manner transfer this Lease or any interest therein, nor sublet the Premises or any part thereof, not permit occupancy by anyone with, through, or under it, without the previous written consent of Landlord. b. Neither this Lease nor any estate thereby created shall pass to any trustee or receiver in bankruptcy, or any assignee for the benefit of creditors, or by operation of law. 13. SURRENDER OF POSSESSION: a. At the expiration of the tenancy created hereunder, Tenant shall surrender the Premises in good condition and repair, reasonable wear and tear and loss by fire or other unavoidable casualties excepted. All partitions, wallcoverings, ceilings, sinks, plumbing, floorcovering, and other improvements shall become the property of Landlord at the moment of completion of installation. Tenant shall retain ownership of all removable trade fixtures and machinery which shall be removed from the Premises by Tenant at the end of the Term. b. It the Tenant remams m possession of the Premises after the expiration of the tenancy without the execution of a new lease, it shall be occupying the Premises as a tenant from month to month, at twice the fixed rent, subject to all other conditions of (his Lease insofar as the same are applicable to a month -to -month tenancy. a Prior to the expiration of the tenancy Tenant shall remove all trade fixtures, machinery and equipment ("Tenant's Property placed in the Premises by Tenant, and repair any damage occasioned by such removals at Tenant's expense; and in default thereof, Landlord may effect such removals and repairs, and Tenant shall pay Landlord the cost thereof, with interest at the legal rate from the date of payment by Landlord, Tenant shall be liable for any loss or damage sustained by Landlord or succeeding tenant resulting from Tenant's failure to surrender possession after such notice. Upon failure of Tenant to remove such Tenant's Property, all remaining Tenant's Property shall, at Landlord's election, be deemed abandoned by Tenant. �� ll _ 14, DAMAGE BY FIRE OR OTHER CASUALTY - FIRE INSURANCE: a. If the Premises are partially or totally destroyed and are partially or totally untenantable. it shall be repaired as speedily as possible at the expense of Landlord, unless Landlord elects not to rebuild, as provided below, and the rent shall be abated until so repaired. b. If the Premises are so damaged as to render more than 50.095 of the Premises untenantable, Landlord may, at its election, to be exercised by notice given to Tenant not more than 75 days after the occurrence of the damage, terminate this Lease; but if Landlord does not elect, Landlord shall, as promptly as may be reasonable, restore any such damage suffered in the Premises, but Landlord's obligation shall be limited to the basic building and exterior work as covered by "Description of Landlord's Work" in the Work Letter attached hereto as Exhibit "B", c. If such damage occurs and this Lease is not so terminated by the Landlord, this Lease shall remain in force. Landlord shall have no interest in the proceeds of any insurance carried by Tenant on Tenant's interest in this Lease, and Tenant shall have no interest in the proceeds of any insurance carried by Landlord. d. Landlord shall maintain in effect with a responsible insurance company policies of insurance covering the Premises providing protection (excluding excavation. footings and toundationsl against all casualties included under standard insurance industry practices within the classification of "Fire and Extended Coverage ", each of such casualties being hereinafter referred to as an' Insured casualty ". e. Tenant shall maintain in effect with a responsible insurance company insurance covering Tenant's trade fixture, furniture, furnishings. and equipment providing protection to the extent of not less than 80.0% of the replacement value of the same against the casualties specified in Paragraph d of this Article. L Landlord and Tenant hereby grant to each other on behalf of any insurer providing fire and extended coverage to either of them covering the Premises, improvements thereon, or contents thereof. a waiver of any right of subrogation any such insurer of one party may acquire against the other by virtue of payment of any loss under such insurance, such waiver to be effective so long as each is empowered to grant such waiver under the terms of its insurance policy or policies involved without payment of additional premiums. Such waiver shall stand mutually terminated as of the date either Landlord or Tenant ceases to be so empowered. Neither party shall have any interest in the proceeds of insurance by the other part. g. Without Landlord's consent, Tenant shall not do anything in or about the Premises which will in any way lend to increase insurance rates or inval any policy on the Premises or the building. If Landlord shall consent to such use, Tenant agrees to pay as additional rental any increase in premiums for insurance against loss by fire or extended coverage risks resulting from the business carried on in the Premises by Tenant. 15. RIGHT TO MORTGAGE: The Landlord has encumbered, and may in the future encumber, the Premises by mortgages, and each of any such underlying liens will be liens on the Premises superior to or inferior to the rights of Tenant. The Tenant will be required to subordinate to said mortgages. Immediately on request, Tenant will execute and deliver any certificates of superiority or subordination and other documents desirable to effect the purposes of this Paragraph. In the event Tenant fails to comply with the foregoing requirements within five business days following Landlord's request, this shall constitute Tenant's appointment of Landlord as its attorney -in -fact to execute any certificates of superiority or subordination and other documents desirable to effect the purpose of this Paragraph. 16, EMINENT DOMAIN: If any part of the Premises is taken by public authority under the power of eminent domain, then the term of this Lease shall cease on the part so taken from the date the possession of that part is required for public purpose, and the rent shall be paid up to that day. All damages awarded for such taking shall belong to Landlord for dimunition in value to this leasehold or to the lee of the Premises; provided however, that Landlord shall not be entitled to any portion of a separate award made to Tenant for loss of business, depreciation to and cost of removal of stock and fixtures. 17. REMEDIES UPON DEFAULT: a. In the event that a receiver shall be appointed to take over the business of Tenant, or in the event that Tenant shall make a general assignment for the benefit of creditors, or the Tenant shall take or suffer any action under any insolvency or bankruptcy act, the same shall constitute a breach of this Lease by Tenant. b. In the event of any breach of this Lease by Tenant, Landlord, besides other rights and remedies which it may have, shall have the immediate right of re -entry and may remove all persons and property from the Premises. Such property may be moved and stored in a public warehouse or elsewhere at the cost of, and for the account of Tenant. Should Landlord elect to re -enter or should it take possession pursuant to legal proceedings or any notice provided by law, Landlord may either terminate this Lease or may from time to time, without terminating this Lease, relet said Premises, or any part thereof, for such term or terms (which may be for a term extending beyond the term of this Lease), and at such rental and upon such other terms and conditions as Landlord, in its sole discretion, may deem advisable, with the right to alter or repair the Premises upon such reletting. In such event, Tenant shall be immediately liable to pay to Landlord, in addition to any other amounts due hereunder: 1. The cost and expense of such reletting and such alterations or repairs, and any amount by which the rent reserved herein for the period of such retelling, but not beyond the term hereof, exceeds the amount agreed to be paid as rent for such period; or 2. At the option of Landlortl, rents received by Landlord from such reefing shall be applied first to the repayment of indebtedness other than rent due hereunder; second, to costs and expenses of reletting and alterations or repairs, and third, to the payment of rent due and unpaid hereunder, and the residue, deny, shall be held by Landlord and applied in payment of future rent as the same may become due and payable. Tenant shall, in such event, pay any deficiency between the amount due from Tenant to Landlord and the amount credited. No such re -entry or taking possession by Landlord shall be construed as an election to terminate this Lease unless written notice of such intention is given, or unless termination be decreed by a court of competent jurisdiction notwithstanding any such reletting without termination. Landlord may at any time thereafter elect to terminate this Lease on account of such previous breach. Should Landlord at any time terminate this Lease for any breach, in addition to any other remedy it may have, Landlord may recover from Tenant all damages incurred by reason of such breach, including the cost of recovering the Premises, and including the worth at the time of such termination of the excess, if any, of the amount of rent and charges equivalent to the rent reserved for the remainder of the term hereof, over the then reasonable value of the Premises for the remainder of the Term, all of which amounts shall be immediately due and payable from Tenant. 3. In the event of any breach by Tenant, Landlord may, without notice, cure such breach at the expense of Tenant. If Landlord, by reason of such breach, elects to pay any expense, including reasonable attorney's fees, in instituting proceedings to enforce Landlord's rights, the sums paid by Landlortl, with interest at the legal rate from date of payment, shall be deemed additional rent hereunder. 18. GENERAL: a. Whenever, under this Lease, provision is made for Tenant securing the consent of the Landlord, such consent shall be in writing, and shall not be unreasonably withheld and the assignment of this Lease or subletting of the Premises shall remain unqualified. b. The rights and remedies of the parties are not exclusive, but are cumulative and are in addition to every other remedy at law. No delay or omission of the right to exercise any right by either party shall impair any such right, or shall be a waiver of any default. Any waivers of a covenant by either party shall not be waiver of a subsequent breach of the same covenant The consent by either party to any act by the other party of a nature requiring consent shall not waive or consent to any subsequent similar act. c. Upon request of Landlord, Tenant agrees to execute a statementor statements in writing certifying that this Lease is valid and in force (or dthere have been modifications, that the same is in full force and effect as modified, and stating the modifications), and the dates to which rent and other charges have been paid. d. The headings of the several articles and sections are for convenience only, and do not limit or construe the contents of such articles and sections. All negotiations and understandings between the parties are incorporated herein, and may be modified or altered only by agreement in writing between the parties. e. Whenever a period of time is provided for Landlord to perform, it shall not be responsible for, and there shall be excluded from the computation of such period of time, any delays due to strikes, riots, acts of God, shortages of labor or materials, national emergency, acts of a public enemy, governmental restrictions, laws or regulations, or any other cause or causes, whether similar or dissimilar to those enumerated, beyond its reasonable control. This section shall not excuse Tenant from the prompt payment of rent. additional rent, or any other payments required by the terms of this Lease. f. The terms, conditions, covenants and agreements herein contained shall inure to the benefit of all shall bind the parties hereto, their respective personal representatives, heirs, successors and assigns. g. Tenant agrees to return the Premises peaceably and promptly upon expiration of the Term hereof, or at any previous termination in as good condition as the same is now in or may hereafter be put in, ordinary wear and tear excepted. In the event suit is brought for the recovery of the Premises, or any sum due hereunder, or because of any act which may arise out of possession of the Premises, Landlord shall be entitled to recovery of all costs incurred therein, including reasonable attorneys' fees. 19. NOTICES: Whenever, under this Lease, a provision is made for notice, such notice shall be in writing, and it shall be deemed sufficient notice and service if such notice is sent by registered mail or certified mail, postage prepaid, to the last Post Office address of Tenant furnished to Landlord for such purpose, or to the Premises, and to Landlord, sent by registered mail, postage prepaid, to Landlord at the address furnished for such purpose, or the place then fixed for the payment of rent. If Landlord or Tenant is more than one person, notice need be sent to but one Tenant or Landlord, as the case may be. Tenant's initial address for notice is Bell Mortgage 3915 Highway 7 Minneapolis, MN 55410 Landlord's initial address for notice is Landlord's agent initial address for notice is: EBF Management Company EBF Management Company 6155 Earle Brown Drive 6155 Earle Brown Drive Brooklyn Center, MN 55430 Brooklyn Center, MN 55430 20. DEPOSIT: Tenant, concurrently with the execution of this lease, has deposited with Landlord the sum of Four Tho five h undred a nd no/100 ----------- ----- ----------- - - - - -- Dollars ( $4-� 5 O O . O O ), the receipt of which is hereby acknowledged by Landlord, which sum shall be retained by Landlord as security. 21. WAIVER OF SUBROGATION: Landlord and Tenant shall each, forthwith after the execution ofthis Lease, procure from and cause each ofthe insurers under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the demised Premises or any portion thereof and /or Tenant's business or operations in the demised Premises, a waiver of all rights of subrogation which the insurer under said policies might otherwise, it at all, have as against the other hereto, said waiver to be in writing and for the express benefit of the other; the foregoing including, the following being by way of specification and not by way of limitation, all policies of fire, theft, public liability and workers' compensation purchased by Tenant and all policies of fire and public liability insurance, if any, purchased by Landlord. 22. RULES AND REGULATIONS: a. Disturbance. No noise, or conduct shall be permitted at any time which will disturb or annoy other Tenants. b. Parking. The use of parking shall be subject to the reasonable Rules and Regulations as the Owner /Landlord may promulgate uniformly for all tenants. Tenant agrees that it will not use or permit the use by its employees of the parking area for the overnight storage of automobiles or other vehicles, which would interfere with maintenance, snow removal, traffic flow or emergency vehicles. c. Fixture Movement. Tenant agrees thatany and all furniture, fixtures and goods will be moved bythe Tenant whenever such moving is necessary for purposes of building repair and /or maintenance by Owner /Landlord. d. Locks. Noadditional lockswill be placed on anyofthedoors in the building without Owner/ Landlord's priorwritten approval,and unless Owner/ Landlord receives an access key to such locks. e. These rules may be added to or amended from time -to -time by the Owner /Landlord for the benefit of all tenants, and such amendments will become effective immediately upon notification. IN WITNESS WHEREOF: Landlord has caused its name to be subscribed by, and Tenant has hereunder subscribed its name the day and year first above written. LANDLORD: F F Man_a,gemerft C.omn By Its President TENANT: Bell Mor By Its DETACH AND RETA]UdWS STATEMENT THE ATTACHED CHECK IS IN PAY ITEMS DESCRIBED BELOW. BELL MORTGAGE IF NOT CORRECT PLEASE NOTIFY V LY. NO RECEIPT DESIRED. DELUXE - FORM VTO -3 V -B , DATE DESCRIPTION AMOUNT DISTRIBUTIONS ACCT. NO. AMOUNT 11 -19 -90 Deposit /1st month rent -Earle Brown Farm 4,500.00 EMPLOYEE EARNINGS DEDUCTIONS PERIOD AMOUNT TOTAL TOTAL ENDING HOURS RATE EARNED AT OVERTIME WITHHOLDING STATE NET PAY REGULAR RATE AND OTHER EARNINGS F.I.C.A. U.S. INC. TAX INCOME TAX DEDUCTIONS V-S Riversides Bank 6154 Mfmwwl. C.nl.r OIIid ,� 812 -897 -1000 ' B ELLMORTGAGE "�` ° "` s. el oomi n0l °.. ux sws SINCE 1880 17-127/910 November 19 9 90 PAY Four thousand five hundred and no/ 100 's--------------------- - - - - - 4,500.00 DOLLARS $ F To EBF Management Compan THE g P Y ORDER OF . J 11 r-3 L 5411' ®1:09 100 L 2 701: L 50 6 17 71I' I a Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION TERMINATING MANAGEMENT CONTRACT FOR EARLE BROWN FARM WHEREAS, by Contract dated July 18, 1980 (the "Agreement "), the Economic Development Authority of the City of Brooklyn Center (the "EDA") contracted with E.B.F. Management Co. (the "Manager ") for the operation and management of the Earle Brown Farm; and WHEREAS, the EDA has determined that it is in the best interest of the City of Brooklyn Center and of the EDA to terminate the Agreement as soon as possible; and WHEREAS, paragraph 14.02(a) of the Agreement provides for termination upon 30 days written notice. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY of the City of Brooklyn Center, Minnesota: 1. That the Agreement be terminated in accordance with the provisions of paragraph 14.02(a) thereof, 30 days from the date of service of notice of termination on the Manager in accordance with Article 15 of the Agreement, or at such earlier date as may be consented to by the Manager. 2. That the Secretary is directed to give notice of such termination to the Manager as soon as possible and take such other and further action as may be necessary to accomplish the termination of the Agreement and to undertake management of the Farm with forces of the EDA or the City of 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. I 20. DEPOSIT; Tenant. concurrently with the execution of this lease, has deposited with Landlord the sum of Fo Thous f h und red ---- and . -n.Q� 1 n O ------------- - - - - -- -- - - - - -- Dollars ( $4—x 5 O O . O O ), the receipt of which is hereby acknowledged by Landlord, which sum shall be retained by Landlord as security. 21. WAIVER OF SUBROGATION: Landlord and Tenant shall each, forthwith after the execution of this Lease, procure from and cause each ofthe insurers under all policies of insurance, now or hereafter during the term hereof existing and purchased by either or both insuring or covering the demised Premises or any portion thereof and /or Tenant's business or operations in the demised Premises, a waiver of all rights of subrogation which the insurer under said policies might otherwise, if at all, have as against the other hereto, said waiver to be in writing and for the express benefit of the other; the foregoing including, the following being by way of specification and not by way of limitation, all policies of fire, theft, public liability and workers' compensation purchased by Tenant and all policies of fire and public liability insurance, if any, purchased by Landlord. 22. RULES AND REGULATIONS: a. Disturbance. No noise, or conduct shall be permitted at any time which will disturb or annoy other Tenants. b. Parking. The use of parking shall be subject to the reasonable Rules and Regulations as the Owner /Landlord may promulgate uniformly for all tenants. Tenant agrees that it will not use or permit the use by its employees of the parking area for the overnight storage of automobiles or other vehicles, which would interfere with maintenance, snow removal, traffic flow or emergency vehicles. c. Fixture Movement. Tenant agrees that any and all furniture, fixtures and goods will be moved by the Tenant whenever such moving is necessary for purposes of building repair and /or maintenance by Owner /Landlord. d. Locks. Noadditional locks will be placed on any ofthedoors in thebuilding without Owner/ Landlord's prior written approval,and unless Owner /Landlord receivesan access key to such locks. e. These rules may be added to or amended from time -to -time by the Owner /Landlord for the benefit of all tenants, and such amendments will become effective immediately upon notification. IN WITNESS WHEREOF: Landlord has caused its name to be subscribed by, and Tenant has hereunder subscribed its name the day and year first above written. LANDLORD: F RF Mana,g.em By Its President TENANT: Bell MOrta�e B Its �(= i DETACH AND RETA[UgULIS STATEMENT THE ATTACHED CHECK 13 IN PAY ITEMS OESCRIBED BELOW. BELL MORTGAGE IF NOT CORRECT PLEASE NOTIFY U LY. NO RECEIPT DESIRED. DELUXE - FORM TO -3 V -6 , DATE DESCRIPTION AMOUNT DISTRIBUTIONS ACCT. NO. AMOUNT 11 -19 -90 Deposit /lst month rent -Earle Brown Farm 4,500.00 EMPLOYE EARNINGS DEDUCTIONS PERIOD AMOUNT OVERTIME TOTAL WITHHOLDING STATE TOTAL NET PAY ENDING HOURS RATE EARNED AT EARNINGS F.I.C.A REGULAR RATE AND OTHER U.B. INC. TAX INCOME TAX DEDUCTIONS V-■ Riverside Bank 6154 MMVi.wl. C.nror Oflic. �.N 872 - 897 -1000 A� B E — LLMQRTGAGE 7760 France MN 55M Bl 7760 M Franc N55135 � SINCE 1880 17 November 19 19 90 PAY Four thousand five hundred and no/100's - DOLLARS $ 4,500.00 TO r � THE EBF Management Company ORDER OF J i II ■ 006 L 5411 ■ ® L00 1 2 701. ISO 61? ?il �t � Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION TERMINATING MANAGEMENT CONTRACT FOR EARLE BROWN FARM WHEREAS, by Contract dated July 18, 1980 (the "Agreement "), the Economic Development Authority of the City of Brooklyn Center (the "EDA") contracted with E.B.F. Management Co. (the "Manager ") for the operation and management of the Earle Brown Farm; and WHEREAS, the EDA has determined that it is in the best interest of the City of Brooklyn Center and of the EDA to terminate the Agreement as soon as possible; and WHEREAS, paragraph 14.02(a) of the Agreement provides for termination upon 30 days written notice. NOW, THEREFORE, BE IT RESOLVED BY THE ECONOMIC DEVELOPMENT AUTHORITY of the City of Brooklyn Center, Minnesota: 1. That the Agreement be terminated in accordance with the provisions of paragraph 14.02(a) thereof, 30 days from the date of service of notice of termination on the Manager in accordance with Article 15 of the Agreement, or at such earlier date as may be consented to by the Manager. 2. That the Secretary is directed to give notice of such termination to the Manager as soon as possible and take such other and further action as may be necessary to accomplish the termination of the Agreement and to undertake management of the Farm with forces of the EDA or the City of 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.