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Home My WebLink About2011 05-09 EDAP Regular Session • EDA MEETING City of Brooklyn Center May 9, 2011 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. April 25, 2011— Regular Session • 4. Commission Consideration Items a. Temporary License Agreement for the placement of a Real Estate Sign for the Shingle Creek Development on the EDA parcel (former Boulevard Bar & Grill restaurant site) Requested Council Action: — Motion to approve temporary license agreement. 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 APRIL 25, 2011 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 7:24 p.m. 2. ROLL CALL President Tim Willson and Commissioners Carol Kleven, Kay Lasman, Tim Roche, and Dan Ryan. Also present were Executive birector Curt Boganey, Director of Fiscal and Support Services Dan Jordet, Public Works Director /City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Roche moved and Commissioner Ryan seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. April 11, 2011 — Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. CONSIDERATION OF GRANT APPLICATIONS FOR CONTAMINATION CLEANUP OF THE FORMER HOWE CHEMICAL SITE LOCATED AT 4821 XERXES AVENUE NORTH IN BROOKLYN CENTER Director of Business and Development Gary Eitel introduced the item,, discussed the history, and stated the purpose of the proposed resolutions to authorize applications for grants to fund contamination cleanup of the former Howe Chemical site. He advised that collectively, the grants equal about $2.1 million and a developer has a matching contribution of $265,000 towards those costs, so total cleanup is at $2.4 million and requires this fmancial participation for the site 04/25/11 -1- DRAFT to move forward. It was noted the developer is considering construction of a 50,000 - 60,000 • square foot office warehouse. 1. EDA RESOLUTION NO. 2011 -09 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 Commissioner Lasman moved and Commissioner Roche seconded adoption of EDA RESOLUTION NO. 2011 -09 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. Motion passed unanimously. 2. EDA RESOLUTION NO. 2011-10 AUTHORIZING THE SUBMISSION OF GRANT APPLICATION TO THE METROPOLITAN COUNCIL FOR THE TAX BASE REVITALIZATION ACCOUNT Commissioner Ryan moved and Commissioner Roche seconded adoption of EDA RESOLUTION NO. 2011 -10 Authorizing the Submission of Grant Application to the Metropolitan Council for the Tax Base Revitalization Account. • Motion passed unanimously. 3. EDA RESOLUTION NO. 2011 -11 APPROVING AN APPLICATION FOR A HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT Commissioner Roche moved and Commissioner Ryan seconded adoption of EDA RESOLUTION NO. 2011 -11 Approving an Application for a Hennepin County Environmental Financial Grant. The EDA asked whether the jurisdictional disagreement had been resolved. Mr. Eitel answered in the affirmative and advised there is a work plan in place to clean the site this summer. Motion passed unanimously. 5. ADJOURNMENT Commissioner Roche moved and Commissioner Kleven seconded adjournment of the Economic Development Authority meeting at 7:33 p.m. Motion passed unanimously. 04/25/11 -2- DRAFT • EDA Agenda Item No. 4a • EDA ITEM MEMORANDUM DATE: May 5, 2011 • TO: Curt Boganey, City Manager FROM: Gary Eitel, Business and Development Director E SUBJECT: Temporary License Agreement for the placement of a Real Estate Sign for the Shingle Creek Development on the EDA parcel (former Boulevard Bar & Grill restaurant site) Recommendation: It is recommended that the Economic Development Authority consider approval /issuance of a Temporary License Agreement with Gatlin Development for the placement of a 4'x8' real estate sign on the EDA's parcel that is included in the Shingle Creek Crossing development plans. Background: At the January 24, 2011 Work Session, the City Council received an update by Frank Gatlin on the development concept and vision for the redevelopment of the Brookdale Mall properties into a Town Center Commercial PUD. At this meeting the Council also received information from the City's financial consultant on the need for public assistance given speculative nature of retail market and marginal return without assistance. The consensus of the Council was to approve a • concept for public assistance which included provisions for incorporating the FDA's 1.06 acre parcel into the Shingle Creek Crossing PUD plans with terms for the conveyance of this parcel as part of an economic assistance package. Following this meeting, all subsequent plans for the Shingle Creek Crossing development have included the EDA's parcel and the draft Tax Increment Agreement includes provisions for the conveyance of this parcel. The attached temporary, License Agreement allows the placement of a 4'x8' real estate sign on the EDA's parcel pending the completion of the Tax Increment Agreement and conveyance of the property. The developer has agreed to pay the EDA $100 per month for this temporary License Agreement. Budget Issues: There are no City costs associated with the issuance of the license and revenue generated will be placed in the EDA fund. Council Goals: Strategic: 2. We will aggressively proceed with implementation of City's redevelopment plans. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust • LICENSE AGREEMENT THIS LICENSE AGREEMENT (this "Agreement"), made as of the _ day of March, 2011 by and between the Economic Development Authority in and for the City of Brooklyn Center, also known as the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic organized and existing under the laws of the State of Minnesota ( "Licensor "), and Gatlin Development Co., Inc., a California corporation ( "Licensee "). RECITALS: A. Licensor is the owner of certain building real property located in Hennepin County, Minnesota, legally described on Exhibit "A" attached hereto (the "EDA Property"). B. Licensee is the is the owner of certain real property located near the EDA Property located in Hennepin County, Minnesota, legally described on Exhibit "B" attached hereto and the contract purchaser of certain real property immediately adjacent to the EDA Property located in Hennepin County, Minnesota legally described on Exhibit "C" attached hereto (collectively, the "Development Property "). C. Licensee intends to develop the Development Property and has requested that • Licensor grant to Licensee a license for purposes of erecting on the EDA Property an advertising or "For Lease" sign advertising the redevelopment and future improvements to the Development Property D. Licensor has agreed, that Licensee, as the contract purchaser of the Development Property, be granted a license for itself and its agents or contractors, to use the Licensed Premises (as defined herein), pursuant to the terms, conditions and agreements as set forth herein. AGREEMENTS: In consideration of the foregoing and the agreements herein contained, Licensor hereby grants to Licensee a non - exclusive license to use the approximate portion of the EDA Property designated as the 'Licensed Premises' as approximately shown and depicted on Exhibit "D" attached hereto ( "Licensed Premises ") for the purpose of non - exclusive access to the Licensed Premises and the installation and maintenance therein of one (1) sign advertising the redevelopment, leasing and or sale of all or a portion of the Development Property, such sign to be approximately four (4) feet by eight (8) feet, unless otherwise consented to by Licensor (the "License "), subject to the following terms, conditions and agreements: 1. Term The term ( "Term ") of the License herein granted shall commence on the date hereof and shall terminate upon the earlier to occur of (i) the date of written notice given by Licensor to Licensee that the License is thereby terminated, or (b) the date that the EDA Property, or portion thereof containing the Licensed Premises, is conveyed to the Licensee. • 37059541 • 2. Use Charge During the full Term of the License, Licensee shall pay to Licensor the sum of One Hundred and No /100 Dollars ($100.00) per month, payable on or before the first business day of each during the Term, with any partial months contained therein pro -rated based on the number of days contained in such partial month.. 3. As -Is Licensee accepts the Licensed Premises in its "as -is" condition without qualification or requirement that Licensor perform any work therein. 4. Modification to Licensed Premises Notwithstanding anything herein to the contrary, either Licensor or Licensee may from time to time alter, modify, relocate and/or adjust the specific location of the Licensed Premises on the EDA Property in its commercially reasonable discretion, provided such alteration, modification, relocation or adjustment does not adversely affect the visibility of the sign from County Road 10 or otherwise frustrate the intended purpose of the sign. 5. Removal In the event the License herein granted is terminated by Licensor for any reason, Licensee shall remove all improvements located on the Licensed Premises within three (3) business days of such termination. 6. Indemnity Licensee shall indemnify and hold Licensor harmless from and against every demand, claim, cause of action, liability, judgment, and expense, and all loss or damage arising from, or incidental to, the use or occupancy of the Licensed Premises by the • Licensee and /or its agents or contractors, or the exercise of any right or privilege herein contained or the failure to perform any of the terms, conditions or agreements hereof. 7. Eminent Domain If all or any part of the Licensed Premises or any interests or rights granted, created or arising under this License are taken for any public use under any statute or by right of eminent domain, or purchased under threat of such taking, this Agreement shall automatically terminate on the date of such taking. Any compensation or award paid or payable on account of any such taking shall be the sole and exclusive property of, and belong to, Licensor. 8. Notices Any notice from one party to the other hereunder shall be in writing and shall be deemed duly served if mailed by registered or certified mail, return receipt requested, postage prepaid, addressed as follows: To Licensor: Economic Development Authority in and for the City of Brooklyn Center 6301 Shingle Creek Parkway Brooklyn Center, Minnesota 55430 -2199 Attn: Executive Director If to Licensee:: Gatlin Development Co., Inc. Attn: Chad Williard 101 S. Main Street Dickson, Tennessee 37055 • Facsimile: (615) 446 -7105 37059541 with a copy to: Briggs and Morgan, P.A. Attn: Daniel J. Van Dyk 2200 IDS Center 80 South Eighth Street Minneapolis, Minnesota 55402 Either party shall have the right to designate by notice, a different address to which notices are to be mailed. 9. Right to Perform If Licensee shall fail to perform any covenant or agreement hereunder, Licensor shall have the right, but not the obligation, to perform the same and charge the cost thereof to Licensee. 10. No Interest in Real Estate; No Encumbrances Nothing contained in this Agreement shall be deemed to create an interest or estate in the Licensed Premises or the EDA Property in favor of Licensee (including, without limitation, any leasehold interest, equitable interest or right, purchase right, easement, lien, contract right or other interest), and the only right of Licensee shall be that of a temporary licensee. Licensee shall not mortgage, encumber, , hypothecate or create any lien, claim or charge against the Licensed Premises or the EDA Property, and any such attempt to do so shall be automatically null and void. 11. Assignment Except as expressly set forth herein, Licensee may not assign, pledge or otherwise transfer or dispose of this Agreement or any rights, privileges, or licenses • granted hereunder, it being understood that this Agreement is a personal privilege to Licensee and its permitted assignees only. Licensee shall have the right to assign its rights under this Agreement to any other entity that is directly or indirectly (through one or more intermediaries) controlled by, under common control with or controlling Licensee without the consent of Seller. Licensor may transfer or assign, whether by operation of law or otherwise, this Agreement or any rights or interest hereunder and upon any such transfer or assignment Licensor shall be. relieved of any and all obligations hereunder. 12. Entire Agreement This Agreement contains the entire agreement between the parties hereto with respect to the subject matter hereof. No amendment, modification, or supplement hereto shall be valid or binding unless set out in writing and executed by the parties hereto. 13. Successors Bound Except as otherwise provided herein, the covenants, terms, and conditions contained herein shall apply to and bind the successors and assigns of the parties hereto. 14. Counterparts This Agreement may be executed in multiple counterparts, each of which shall be deemed to be an original, but all of which, together, shall constitute one and the same instrument. [Remainder of page intentionally left blank; signature pages follow.] • 3705954v1 The parties hereto have caused this Agreement to be executed and delivered as of the day and year first above written. ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF BROOKLYN CENTER, also known as the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic By: Name: Title: By: Name: Title: • GATLIN DEVELOPMENT CO., INC., a California corporation By: Name: Its: • 37059541 Exhibit " A " (EDA Property Legal Description) Tract A, Registered Land Survey No. 1430, Hennepin County, Minnesota. • • A -1 3705954v1 Exhibit "B" (Development Property (Macy's Property) Legal Description) Tracts I, J, K and L, Registered Land Survey No. 936, Hennepin County, Minnesota. Tracts D and E, Registered land Survey No. 1430, Hennepin County, Minnesota. Tract E, Registered Land Survey No. 1469, Hennepin County, Minnesota. (Certificate of Title No. 1329224) • B -1 3705954v1 • Exhibit "C" (Development Property (Mall Property) Legal Description) Parcel A (Certificate of Title No. 1166861): Tracts A, C and D, Registered Land Survey No. 1469, Hennepin County, Minnesota. Tracts A, B and C, Registered Land Survey No. 1614, Hennepin County, Minnesota. That part of Tract B, Registered Land Survey No. 1710, Hennepin County, Minnesota, embraced within Tract B, Registered Land Survey No. 1469. Tract C, Registered Land Survey No. 1710, Hennepin County, Minnesota. Tracts A and B, Registered Land Survey No. 1766, Hennepin County, Minnesota. Parcel B (Certificate of Title No. 1159615): • Tract B, Registered Land Survey No. 1710, Hennepin County, Minnesota, except that part thereof embraced within Tract B, Registered Land Survey No. 1469. • C -1 3705954vl Exhibit "D" (Licensed Premises) The "Licensed Premises" is that area in the general vicinity of the area designated as the "Temporary 4'x8' Leasing Sign Location" on the EDA Property as depicted on the attached page. • • D -1 3705954v1 N ... -... _.:.... ........... _ ......... ,... UVa4FNY 4. 6 EA 4. SI N UGA ........... .. g��j ,1 COUNTY'�RD NO 10 BASS LAKE ROAD ... s ; V � j j[ ,E'RISTING L ,,.' .,, f � b _ � EXISTING KOHLS (NOT IN 1 / / 6,560s7 - - p - 1 EX7STftlb h �.: _x „' _ - ^y !� / J/ AEiPLESEG-/yS ®� g EXISTING y ¢ I BUILDING: I t RETAIL e I SHOPS cn � X O LLI Lli EXISTING ti v Y 2 4, SEARS r . (NOTIN ': j ,• coNTRACr bpG TEMPORARY REAL ESTATE SIGNS 0 ° 1 f ' °< ¢ �.. 1. !! •• - '�� P (PER SEGTIf)N 34- 1402.11 OF fRf'6TY OF lROOKLYN CENTER GODS} U z z z G`2� 1) ONE TEMPORARY LEASING SIGN IS PERMITTEO PER PROPERTY, 0 o _ 9 0 UP l'O 32 SF. NOT REQUIRING A PERMIT. (r LLI a *, 3. 1 1 !! h 'CE 2) ONE DEVELOPMENT. ANNOUNCEMENT SIGN IS PERMITTED FOR U Z EACH MAJOR THOROUGHFARE THE PROJECT ABUTS, UP TO 320 Y W k k•. ` w 1 . 1 • , t b SF FOR PROJECT AREA OVER 10 ACRES, NOT REQUIRING A W U L f i h W 1 - PERME(. O� Z o€ WY t' h .n J 00 I .. Z w 'N — 1• m sr x m /oB 03/06/11 l" p OS t N0. 760633007 sHEEi NUU6ER �f