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Home My WebLink About2011 10-10 EDAP Regular Session . EDA MEETING City of Brooklyn Center October 10, 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. September 26, 2011 — Regular Session 4. Commission Consideration Items a. Resolution Approving the Termination of the Cement Pond/Fountain Easement and Providing for the Dedication of a New Trail Easement (EDA — Wings Financial, 6160 Summit Drive) Requested Council Action: — Motion to approve resolution. b. Consideration of Approval of Grant Applications for Contamination Cleanup of the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center 1. Resolution Authorizing the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant From the Minnesota Department of Employment and Economic Development Authority Development Requested Council Action: — Motion to approve resolution. 2. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account Requested Council Action: — Motion to approve resolution. i EDA AGENDA -2- October 10, 2011 3. Resolution Approving an Application for a Hennepin County Environmental Financial Grant Requested Council Action: — Motion to approve resolution. C. Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities Within the Brooklyn Boulevard Corridor (5455 Brooklyn Boulevard) Re uested un i Co c 1 Action: — Motion to approve resolution. 5. Adjournment • EDA Agenda Item No. 3a • • MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION SEPTEMBER 26, 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 7:53 p.m. 2. ROLL CALL President Tim Willson and Commissioners Carol Kleven, Kay Lasman, and Dan Ryan. Also present were Executive Director Curt Boganey, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Assistant City Manager/Director of Building and Community Standards Vickie Schleuning, City Attorney Charlie LeFevere, and Carla Wirth, Timesaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Lasman seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. September 12, 2011 — Regular Session Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2011 -21 AUTHORIZING THE ACQUISITION OF PROPERTY IN CONNECTION WITH THE REMOVE AND REBUILD PROGRAM (5801 EWING AVENUE NORTH) EDA/HRA Specialist Tom Bublitz introduced the item to consider the purchase of 5801 Ewing Avenue N., a vacant and foreclosed property. He displayed an aerial photograph of the subject site and described the lot size and configuration. Mr. Bublitz then displayed pictures of the slab - on -grade house built in 1950 with an obsolete design and structural foundation problems. 09/26/11 -1- DRAFT He advised of the potential for redevelopment of this site and recommended the EDA consider purchase of the property for $29,900 to be paid from the TIF District 3 Housing Fund. If approved, the structure would be demolished and the property held for redevelopment. The EDA asked about the existing metal utility boxes and chain link fence that appears to be located close to the street. Mr. Bublitz stated the utility boxes could be landscaped and the chain link fence would be removed. It was noted that during redevelopment a privacy fence may be a better alternative since this property abuts Bass Lake Road. Commissioner Lasman moved and Commissioner Kleven seconded adoption of RESOLUTION NO. 2011 -21 Authorizing the Acquisition of Property in Connection with the Remove and Rebuild Program (5801 Ewing Avenue North). Motion passed unanimously. 5. ADJOURNMENT Commissioner Lasman moved and Commissioner Ryan seconded adjournment of the Economic Development Authority meeting at 8:02 p.m. Motion passed unanimously. • 09/26/11 -2- DRAFT EDA Agenda Item No. 4a • 1 EDA ITEM MEMORANDUM DATE: October 4, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Approving the Termination of the Cement Pond /Fountain Easement and Providing for the Dedication of a New Trail Easement (EDA — Wings Financial, 6160 Summit Drive) Recommendation: It is recommended that the Economic Development Authority consider approval /adoption of the Resolution Approving the Termination of the Cement Pond /Fountain Easement and Providing for the Dedication of a New Trail Easement (EDA — Wings Financial, 6160 Summit Drive). Background: On July 27, 2011 the City Council reviewed an Encroachment and Maintenance of Cement Pond Easement that was executed on November 30, 2000 between ReliaStar Life Insurance Company (the EDA property — phase II Embassy Development) and the Brookdale Associates Limited Partnership (the Wings Financial property — City County Federal Coop Office Building/6160 Summit Drive); the current condition and repair costs for the cement pond/fountain, and a proposal by Wings Financial to terminate the agreement and remove the cement pond /fountain at their cost and dedicate a trail easement to the EDA/City for their portion of a trail /pedestrian walkway around the pond. At this work session, the City Council discussed the following policy issues: 1. Does the City Council /EDA feel it has sufficient understanding of the 2000 ReliaStar / Brookdale Cement Pond/Fountain Easement Agreement and the estimated repair costs of the cement pond /fountain to proceed with the Termination of this agreement? 2. Is the City Council /EDA willing to accept the responsibility of reconstructing and maintaining the trail around the pond? 3. Is the City Council /EDA interested in considering the placement of a fountain within the pond and /or the pedestrian lighting of the trail? The consensus of the City Council was to direct staff to prepare a resolution to terminate the Cement Pond Easement and provide cost estimates for construction of a trail, lighting options, and installation/maintenance of a fountain. Attached for your reference is a copy of the July 27, 2011 Study Session/Work Session Minutes and the July 20, 2011 staff memorandum on this work session item. Mission: Ensnaring an attractive, clean, safe community that enhances the quality of life and preserves the public trust EDA ITEM MEMORANDUM Demolition and Removal of Fountain Agreement: The attached Agreement provides that Wings Financial is responsible for the costs of the Site Improvement Work, which includes the demolition and removal of the cement pond /fountain, steps down to the pond, control equipment, structure enclosing the control equipment, wood retaining wall, grading /backfilling the cement pond area and turf restoration in accordance with the approved Demolition and Grading Plan. To perform the Site Improvements it will be necessary for the City to approve a permit to work within a city drainage & utility easement and for the EDA to provide a temporary license to allow the contractor to enter upon the EDA parcel. P P New Trail Easement: Exhibit A illustrates the location of the existing trail that enters on the west side of the cement patio on the Wings Financial lot and the proposed realignment which moves the trail to the eastern side of the patio area/adjacent to the pond. Exhibit B is a survey of the trail, as it is proposed to be realigned on the Wings Financial lot and the location of the existing trail on the Earle Brown Heritage Center lot, the Embassy Hotel lot (Phase I), and the EDA's lot (Phase II). A 10 foot trail easement has b properties: een described for the following gi - Lot 1, Block 1, BROOKLYN FARM (Wings Financial Lot) - Lots 1 and 2, Block I, BROOKLYN FARM 2 ND ADDITION (Embassy Phases I & II) - Tract F, Registered Land Survey No. 1594 (Earle Brown Heritage Center) Trail Construction and Replacement Costs The City's consultant, MFRA has prepared construction plans for the realignment of this trail which include grade adjustments to the bank of the pond and replacement of the existing pond overflow structure with a structure that will be built into the side slope of the bank. The EDA's costs associated with this grading, erosion control, replacement of the overflow structure and turf restoration is $7,922.50. A copy of the plans and quote from PGM Construction Services has been attached. The quote by PGM was prepared on the basis that this work would be completed in conjunction with the demolition of the cement pond. The EDA's costs associated with the removal of the existing trail, the realignment of approximately 83 feet of new trail on the FDA's Phase II lot, and the replacement of approximately 280 feet of trail that was not reconstructed as part of the Embassy Hotel site • improvements is $8,934.08. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust EDA ITEM MEMORANDUM i A copy of the quote by ACI Asphalt Contractors, Inc, a contractor that has been used by the City for trail restoration projects in the past. These trail improvements would occur in 2012. Lighted Fountain within the Pond The City has received two proposals for the placement of a lighted fountain within the pond: Option # 1 provided by Flair Fountains is a 59" stainless -steel floating aerator with a 5 hp submersible pump with adjustable three tier jet designed to spray 40' high and 35' wide. The cost of this fountain with a lighting package (three 500 watt submersible light fixtures mounted to the unit) is $13,900. The cost of installation is $400. Option # 2 provided by Flair Fountain is a 29" stainless -steel floating fountain with a 3 hp submersible pump with adjustable three tier jet designed to spray 37' high and 35' wide. The cost of this fountain with a similar light package is $ 8,178. The cost of installation is $250. The quote for annual fall removal and spring re- installation is $1,000 for Option # I and $680 for Option #2. Both options require that the EDA provide electric service to a control panel provided by Flair Fountain. Staff has contacted the electrician that services the EBHC for options and costs associated with this electric service and trail lighting. Staff intends to visit the locations provided by Flair Fountains to view each fountain in operation and after further investigation provide a recommendation to the EDA on a fountain that could be installed in the spring of 2012. Trail Lighting Currently there are four light standards on the southern and eastern portions of the trail that were installed by Ryan Construction at the time of the initial construction of the glass office building, now owned by Wings Financial. Staff continues to investigate the light option of replacing these ht fixtures with a downcast light P g fixture and decorative light standard similar to the attached photograph taken of a pedestrian g p g p p light standard used along Memorial Parkway in Minneapolis. At this time, we are continuing to identify costs and funding sources for this trail enhancement. Budget Issues: • The costs for the removal of the cement pond, fountain, controls, and legal costs for the preparation of the termination agreements are the responsibility of the Wings Financial. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust EDA ITEM MEMORANDUM • The costs associated with engineering design, construction plans and permit applications, • survey work, and drafting of the legal descriptions is $7625. • The costs associated with site grading for the relocation of the trail and changes to the pond's overflow structure are $7,922.50. • The trail improvement costs scheduled to occur in 2012 are $8,934.08 • The installation of a lighted fountain within the pond is projected to cost between $10,000 and $15,000. The costs associated with the these 2011 and 2012 site improvements are EDA expenditures focused on improvements and enhancements to the EDA's pond and our marketing efforts for the Phase II lot. Council Goals: Strategic: 2. We will proceed aggressively with implementation of City's redevelopment plans Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders • Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING THE TERMINIATION OF THE CEMENT POND /FOUNTAIN EASEMENT AND PROVIDING FOR THE DEDICATION OF A NEW TRAIL EASEMENT (EDA — Wings Financial, 6160 Summit Drive) WHEREAS, On November 30, 2000 an easement referenced as, Encroachment and Maintenance of Cement Pond, was executed between ReliaStar Life Insurance Company, its successors and assigns (ReliaStar) and Brookdale Associates Limited Partnership, its successors and assigns ( Brookdale). This agreement provided for the dedications of easements for the cement pond /fountain that had been constructed on the common lot line between these. two property owners. This easement agreement provided the following components: - Maintenance of the cement pond by Brookdale, with a provision that if the Brookdale fails to discharge the obligations under the agreement, that ReliaStar would have the option to perform the obligations of the agreement. - Cost allocations for out of pocket expenses to carry out the obligations of the agreement were to split 50 -50 basis between the two property owners, once a building was constructed and placed in use on the ReliaStar property. • - Significant cost items for any construction or reconstruction exceeding $2,500 required a 60 day notice, - Restoration of the facilities /sites on either parcel by Brookdale with a similar cost allocation. - A 5 foot temporary construction easements around the cement pond, - Termination or Amendment provision which states that the Agreement may be terminated or from time to time amended with the signature of the ReliaStar Parcel owner and Brookdale Parcel owner and the holders of first mortgages, if any, on the ReliaStar Parcel and Brookdale Parcel, and no consent or signature of any other party entitled to use the easements and rights created hereby shall be required; and WHEREAS, On December 15, 2000, ReliaStar sold their parcel to the EDA; and WHEREAS, On July 1, 2003, Brookdale sold its parcel to City /Co Federal Credit Union, who the responsible party for the maintenance of the cement pond/fountain; and WHEREAS, In January of 2008, the EDA conveyed a portion of the ReliaStar parcel for the construction of the Embassy Suite Hotel (Phase 1) and retained the southerly 2 acres (Phase 11), which contains a majority of the pond and 50% of the cement pond/fountain; and WHEREAS, In 2010, Wings Financial became the new owner of the Brookdale Parcel and the responsible party for the maintenance of the cement pond/fountain. WHEREAS. Wings Financial has assessed the conditions of the pond /fountain, • the repair costs estimated at $45,000, the replacement costs estimated at $90,000 and has determined that the most economical solutions to pursue the option of terminating the agreement and demolition of the cement pond/fountain. Whereas, on July 27, 2011, the EDA reviewed the November 30, 2000 Encroachment and Maintenance of Cement Pond agreement with the consensus of the Council /EDA to pursue possible investments into the reconstruction of the trail, a lighted fountain in the pond, and trail lighting in lieu of EDA investment into either the repair or replacement of the cement pond/fountain. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center as follows: 1. That the EDA President and Executive Director with the assistance of the EDA's legal counsel are hereby authorized to execute the following; a) Demolition and Removal of Fountain Agreement b) Termination and Release of Easement, and c) The Trail Easement. Date President The motion for the adoption of the foregoing resolution was duly seconded by Commissioner and upon vote being taken thereon, the following voted in favor thereof: and the following voted against the same: whereupon said resolution was declared duly passed and adopted. 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TYPICAL TRAIL CRO55- SECTION I GOUTLET CONTRO UC y EX STIN LSTR LITRE WSGE FLT, N.rs Project No. BR019088 Exhibit B L _0 T 1 r♦ r♦ r% e% 1 ♦ 1 ♦ i ► 1 r— • r♦ ► • Ft F! 1 1 1 I K 1 Y 1N1 1-- I� Fe IVI LJ 1\ �I ♦J 1� L- 1 1 1 1 I\ 1 \ 1 1 NORTH tg 07 41.73 — —_ — 0 40 o`ti' -7 3. / i - 7\ \ � SCALE IN FEET o� \oo ,0 a o.) o B L 0 C K 1 3 r1° w ) Iv 1 lorn I 1 / 'mi I • rli ,. .l L.0 I 16i L.* I I I i LO I^ 8 .r / NORTH LINE LOT 1, BLOCK 1 r- ( T R A C T F BROOKLYN FARM \ \ P I° I NORTHEAST CORNER \ \ CD I — —LOT 1, BLOCK 1, \ \ BROOKLYN FARM 0 T 1 �Irn , N86 0 53'44" W � I oo ° IN 3.22 \ �7o r F! 1 11 1 K 1 Y 1N1 F- L\ Ft IVI , I pA 111 1 1 1 �A 43.80_ — a S84 °21 30' B L 0 C K 1 CITY OF BROOKLYN PARK Designed: Exhibit Number ra 143°° th, M i n ► cia 5 4° Drawn: GCB �"" °��' """' EARL BROWN TRAIL 17831478.8010 telephone Approved: MFH (7831478.8832 termite vmwmhe.cem BROOKLYN PARK Issued: 9/15 en8lneennpsuneylnp planning energy TRAIL EXHIBIT Rev.:A- Comment Date: MM /DD /YYYY Project No. BRO19088 Draft 9 -20 -11 TERMINATION AND RELEASE OF EASEMENT THIS TERMINATION AND RELEASE OF EASEMENT ( " Agreement ") is made and effective as of September , 2011 ( " Effective Date ") by the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, ( "EDA') and BROOKLYN HOTEL PARTNERS, LLC, a Minnesota limited liability company ( " Brooklyn Hotel "), and WINGS FINANCIAL CREDIT UNION, a state chartered credit union ( " Wings Financial "). RECITALS: A. The EDA is the owner of a parcel. of property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, as legally described on Exhibit A attached hereto ( " EDA Parcel "). The EDA Parcel was previously owned by ReliaStar Life Insurance Company and is part of the ReliaStar Parcel. B. Brooklyn Hotel is the owner of a parcel of property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, as legally described on Exhibit B attached hereto ( " Brooklyn Hotel Parcel "). The Brooklyn. Hotel Parcel was previously owned by ReliaStar Life Insurance Company and is part of the ReliaStar Parcel. C. The EDA Parcel and the Brooklyn Hotel Parcel were created by subdivision of the ReliaStar Parcel and make up the entire ReliaStar Parcel. D. Wings Financial is the owner of a parcel of property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, as legally described on Exhibit C attached hereto ( " Wings Financial Parcel "). The Wings Financial Parcel was previously owned by Brookdale Associates Limited Partnership and is the Brook-dale Parcel. E T7 1? 7 7 T� al D in o f"t4a - tl:e 7- n P arcel a nd t�sn 4x /iticTe 1,1 Brooklyn H ot... . P arc e l b.,ne�1«„d ...,...A as a. n,,., Financial Parcel are benefitted and burdened by an easement for the use, operation, maintenance and reconstruction. of a cement encased pond, fountain, patio and sidewalk located on the common boundary between the EDA Parcel and the Wings Financial Parcel, which easement ( " Easement ") is described as follows: Easement dated November 30, 2000, and recorded December 7, 2000, in the office of the Registrar of Titles, Hennepin County, Minnesota, as document no. 3339130. F. The parties desire to terminate the Easement and release the Brooklyn Hotel Parcel, the EDA Parcel, and the Wings Financial Parcel from the Easement. NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which. is hereby acknowledged, EDA hereby agrees as follows: 1. Termination and Release Brooklyn Hotel, the EDA, and Wings Financial, for themselves and their successors and assigns, do hereby terminate the Easement. The Easement is of no further force and effect and the Brooklyn Hotel Parcel, the EDA Parcel, and the Wings Financial .Parcel are hereby released in all respects from the Easement. 2. Counterparts This Agreement may be executed separately and independently in any number of counterparts and each and all of which together shall be deemed to have been executed simultaneously and regarded as one agreement dated the Effective Date. 3. Definitions Except as otherwise provided in this Agreement, the terms defined in the Easement shall have the same meaning when used in this Agreement. signature pages follow • I 2 • IN WITNESS WHEREOF, the parties have executed. this Termination and Release of Easement as of the Effective Date. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Print: Its: President By: Print: Its: Executive Director STATE OF MINNESOTA ss. COUNTY OF HENNEPIN The foregoing instrument was acknowledged before me this day of September, 2011, by . the President of the Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA s S. COUNTY OF FIENNEPIN The foregoing instrument was acknowledged before me this _ day of September, 2011, by 9 the Executive Director of the Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public 3 • WINGS FINANCIAL CREDIT UNION, a stated chartered credit union By: Print: Paul L. Dinger Its: Vice President of Risk Management & General Counsel STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of September, • 2011, by Paul L. Dinger, the Vice President of Risk Management & General Counsel of Wings Financial Credit Union, a state chartered credit union, on behalf of the credit union. Notary Public 4 s BROOKLYN HOTEL PARTNERS, LLC, a Minnesota limited liability company / By: Print: S�'rr ary Its: 7�A STATE OF MINNESOTA ) ) ss. COUNTY OF a, The foregoing instrument was acknowledged before me this 0 day of September, 2011, by ,Se* t�l r`�re� , the 6 • e_rr>i�,r of Brooklyn Hotel Partners, LLC, a Minnesota limited liability company, on behalf of t limited liability company. AMY MARIE JOHNSON ota limited l c NOTARY PUBUC•MINNESOTA MY COMM. UP, Jan: 31, 2012 This instrument was drafted by and should be returned to: Faf nski Mark & Johnson, P.A. (GPB) Flagship Corporate Center 775 Prairie Center Drive, Suite 400 Eden Prairie, MN 55344 Ph (952) 995 -9500 5 EXHIBIT A TO TERMINATION AND RELEASE OF EASEMENT LEGAL DESCRIPTION OF CITY PARCEL Lot 2, Block 1, Brooklyn Farm 2 " Addition according to the recorded plat thereof, Hennepin County, Minnesota. • EXHIBIT B TO TERMINATION AND RELEASE OF EASEMENT LEGAL DESCRIPTION OF BROOKLYN HOTEL PARCEL Lot 1, Block 1, Brooklyn Farm 2 °d Addition according to the recorded plat thereof, Hennepin County, Minnesota. EXHIBIT C TO TERMINATION AND RELEASE OF EASEMENT LEGAL DESCRIPTION OF WINGS FINANCIAL PARCEL Lot 2, Block 1, Brooklyn Farm according to the recorded plat thereof, Hennepin County, Minnesota. • • Version - 3 Box 198 Parcel _ Kennedy & Graven, Chartered Abstract /Torrens Certificate No. — TRAIL EASEMENT THIS INSTRUMENT is made is made and effective as of August , 2011 ( " Effective Date ") by WINGS FINANCIAL CREDIT UNION, a state chartered credit union ( " Grantor ") and the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, ( " Grantee '). Recitals A. Grantor is the fee owner of the following described property in Hennepin County, Minnesota (the "Pro e "): Lot 2, Block 1, Brooklyn Farm according to the recorded plat thereof, Hennepin County, Minnesota. B. Grantor desires to grant to the Grantee easements for trail purposes, all according to the terms and conditions contained herein. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and for other good and valuable consideration, including the foregoing recitals which are incorporated herein, the receipt and sufficiency of which are hereby acknowledged, Grantor and Grantee hereby agree as follows: Terms of Easements 1. Grant of Easements For good and valuable consideration, receipt of which is acknowledged by Grantor, Grantor grants and conveys to the Grantee the following easements: (a) A perpetual, non - exclusive easement for trail purposes over, under, across and through that part of the Property legally described and depicted in the attached Exhibit A (" Easement Area (b) A temporary non - exclusive easement for construction purposes over, under, • across and through the Property. Said temporary easement expires on December 31, 2012. Grantor hereby reserves for itself, its successors, assigns, customers, invitees, employees, vendors, contractors, tenants, licensees and agents, the right to use the Easement Area for any purpose and in any manner that does not materially and adversely interfere with the rights granted in this instrument, including, but not limited to: (a) the use, maintenance and modification of the concrete patio located within the Easement Area; and (b) to construct, maintain and operate underground utilities and improvements; all without Grantee's consent. 2. Scope of Easements (a) Perpetual Easement The Easement Area may be used for trail purposes only as set forth herein, which includes the following rights granted to Grantee. Grantee, its contractors, agents, and employees have the right to locate, construct, operate, maintain, alter and repair trail facilities within the described Easement Area. The easements granted herein also include the right to cut, trim, or remove from the Easement Area trees, shrubs, or other vegetation that, in the Grantee's judgment, materially and unreasonably interfere with the easement or the trail facilities. As used herein, "trail purposes" is defined as the use of trail facilities by pedestrians, non - motorized bicycles, city and public safety vehicles, and electric - powered wheelchairs and small electric carts operated by physically handicapped people. Trail purposes does not include the use of trail facilities by snowmobiles or all- terrain vehicles or motorized vehicles (except for city and public safety vehicles) and is not included within the scope of the easements granted herein. The term "trail facilities" is limited to a bituminous /concrete trail, lighting and directional signage. Trail facilities do not include bike racks, benches, landscaping or other improvements unless approved in writing by the Grantor. (b) Temporary Easement The temporary easement includes the right of the Grantee, its contractors, agents, and employees to enter upon the Property at all reasonable times for ingress and egress to the Easement Area for the purposes of construction, grading, sloping, and restoration purposes, and all purposes ancillary thereto, together with the right to remove trees, shrubs or other vegetation in the Easement Area, as well as the right to remove or deposit earthen materials within the Easement Area and to move equipment and supplies, and to perform any other work necessary and incident to the project. No parking or storage of equipment, materials, supplies or earthwork shall occur within the Property. 3. Construction of Trail Facilities by Grantee Grantee, at its cost, shall construct the trail facilities at the location and in accordance with the list of plans set forth in Exhibit B , which plans are approved by Grantor. Any construction of the trail facilities located within the Property and not set forth in the plans approved by Grantor shall require the written approval of the Grantor prior to construction. The construction of the trail facilities shall include: (a) construction at a new location for a portion of the trail; (b) removal of a portion of the existing trail; and (c) use of an existing concrete patio. The trail shall be bituminous or concrete and shall be at an elevations to match the elevation of the concrete patio. No change shall be made to the portion of the trail located within the existing concrete patio. Simultaneously with construction 2 of the trail, Grantee, at its cost, shall remove the existing trail located in the Property that is depicted in Exhibit B . The trail facilities shall not materially interfere with the drainage of the Property or cause ponding within the concrete patio. Prior to the construction of any trail facilities within the Property, Grantee shall provide written notice to the Grantor. Upon the commencement of construction of the trail facilities by Grantee, such improvements shall be substantially completed within one hundred twenty (120) days after commencement of construction, subject to force majeure. 4. Maintenance of Trail Facilities by Grantee Grantee, as its cost, shall operate and maintain the trail facilities in good working order, condition and repair, in accordance with reasonable standards of maintenance. All maintenance work performed by Grantee shall be performed in a reasonable workmanlike manner so as to minimize disruption to the Grantor or the Property. 5. Safety and Restoration of Property. All construction and maintenance of the trail facilities shall be performed in accordance with standard safety practices, including installation of barriers around the construction and to prevent access from the concrete patio. Whenever the Grantee shall engage in construction or maintenance of the trail facilities, the Grantee shall, at its cost, restore the Easement Area and any Property adjacent to the Easement Area damaged by such activity to a condition equal to or better than the condition that existed prior to such construction or maintenance, including, but not limited to, adding fill and topsoil to finish grade to match existing elevations and to plant grass seed or sod to cover disturbed areas. This also • includes the requirement that Grantee, at its cost, clean the concrete patio after construction, and repair any damage to the concrete patio. Other than the concrete patio, Grantor specifically agrees that Grantee shall have no obligation to replace or repair surface improvements installed by Grantor within the Easement Area, including without limitation fences, signs, trees, or shrubs. 6. Modification of the Trail Facilities The trail facilities may be modified by Grantee without the approval of Grantor, unless such modification materially affects the Property, in which event the approval of Grantor shall be needed. That portion of the concrete patio within the Easement Area may only be modified by Grantor with the approval of Grantee. That portion of the concrete patio outside of the Easement Area may be modified by Grantor without the approval of Grantee. Approval for modifications shall not be unreasonably withheld, conditioned or delayed and shall be granted if consistent with the existing improvements. Failure by a party to approve or disapprove modifications within thirty (30) days after receipt of written notice of such modifications shall constitute approval of the modification by the party required to approve. Prior to any modification that requires approval of a party, a party shall provide written notice to the other party. The notice shall include a basic description of the purpose of the entry and what work is being performed. 7. Special Assessments and Costs. Grantee acknowledges that the easements are granted herein in consideration of the full satisfaction and payment of any special assessment or costs that might otherwise be levied or charged against the Property for the construction of the trail facilities or any improvements to the pond located adjacent to the trail facilities. Grantee shall have no right to levy or charge any assessments or costs against the Property related to the initial construction of the trail facilities or any initial improvements to the pond located adjacent 3 to the trail facilities, or any assessments or costs against the Property related to the trail facilities or the pond for a period of five (5) years after the date of this Agreement, whether part of the construction, improvement, operation, maintenance or modification. 8. Warranty of Title The Grantor warrants it is the owner of the Property and has the right, title and capacity to convey to the Grantee the easements herein. 9. Environmental Matters The Grantee shall not be responsible for any costs, expenses, damages, demands, obligations, including penalties and reasonable attorney's fees, or losses resulting from n i proceedings based upon a release or threat of g o any claims, actions, suits or procee g p release of any hazardous substances, pollutants, or contaminants which may have existed on, or which relate to, the Easement Area or Property prior to the date of this instrument. 10. Bindin Effect The terms and conditions of this instrument shall run with the land and benefit and burden the Property. The terms and conditions of this instrument shall inure to the benefit and shall be binding upon the owner of the Property and its successors and assigns, irrespective of the manner in which such right, title or interest is acquired. The obligations of Grantor or an owner of the Property under this Agreement are terminated upon the sale or other that arise transfer of the Property, except that transferor shall remain liable for an obligations a p y, p a transfe o s a y prior to the date of such transfer that have not been performed. 11. Entire Agreement /Amendment This instrument sets forth the entire understanding of the parties and may not be amended, changed or terminated except by a written • agreement signed by all of the following parties: (a) Grantee; and (b) all owners of that portion of the Easement Area within the Property over which said amendment or change shall be effective, whether Grantor or other owners of the Property. No consent to any amendment, change or termination of this instrument shall ever be required of any other person, entity or occupant other than as set forth in this Section. STATE DEED TAX DUE HEREON: NONE signature pages follow 4 GRANTOR: WINGS FINANCIAL CREDIT UNION, a state chartered credit union By: Print: Paul L. Dinger Its: Vice President of Risk Management & General Counsel STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of September, 2011, by Paul L. Dinger, the Vice President of Risk Management & General Counsel of Wings Financial Credit Union, a state chartered credit union, on behalf of the credit union. Notary Public 5 s GRANTEE: ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Print: Its: President By: Print: Its: Executive Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of September, 2011, by , the President of the Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of September, 2011, by the Executive Director of the Economic Development Authority of Brooklyn Center, Minnesota, a Minnesota municipal corporation, on behalf of the municipal corporation. Notary Public . 6 THIS INSTRUMENT DRAFTED BY: Fafinski Mark & Johnson (GPB) Flagship Corporate Center 775 Prairie Center Drive, Suite 400 Eden Prairie, Minnesota 55344 (952) 995 -9500 7 EXHIBIT A TO TRAIL EASEMENT • LEGAL DESCRIPTION AND DEPICTION OF EASEMENT AREA LEGAL DESCRIPTION OF EASEMENT AREA A 10.00 foot easement for trail purposes over and across the following described property: Lot 1, Block 1, BROOKLYN FARM, according to the recorded plat thereof, Hennepin County, Minnesota; And Lots 1 and 2, Block 1, BROOKLYN FARM 2 ND ADDITION, according to the recorded plat thereof, Hennepin County, Minnesota; And Tract F, Registered Land Survey No. 1594, Files of the Registrar of Titles, Hennepin • County, Minnesota; The centerline of said easement is described as follows: Commencing at the northeast corner of said Lot 1, Block 1, BROOKLYN FARM; thence on an assumed bearing of North 86 degrees 00 minutes 47 seconds West along the north line of said Lot 1, Block 1, BROOKLYN FARM, a distance of 3.22 feet to the point of beginning of the centerline to be described; thence South 02 degrees 00 minutes 47 seconds West a distance of 24.79 feet, thence southwesterly a distance of 68.99 feet along a tangential curve concave to the northwest having a radius of 48.00 feet and a central angle of 82 degrees 20 minutes 43 seconds; thence South 84 degrees 21 minutes 30 seconds West, tangent to the last described curve, a distance of 43.80 feet; thence North 41 degrees 11 minutes 34 seconds West a distance of 122.95 feet; thence northwesterly a distance of 22.14 feet along a tangential curve concave to the east having a radius of 30.00 feet and a central angle of 42 degrees 16 minutes 29 seconds; thence North 01 degree 04 minutes 55 seconds East, tangent to last described curve, a distance of 18.77 feet; thence North 18 degrees 31 minutes 28 seconds East a distance of 34.83 feet; thence North 09 degrees 23 minutes 54 seconds East a distance of 81.58 feet; thence northeasterly a distance of 57.49 feet along a tangential curve concave to the southeast having a radius of 42.00 feet and a central angle of 78 degrees 25 minutes 24 seconds; thence North 87 degrees 49 minutes 18 seconds East, tangent to last described curve, a distance of 41.73 feet; thence southeasterly a distance of 73.61 feet along a tangential curve concave to the south having a radius of 128.98 feet and a central angle of 32 degrees 41 minutes 59 seconds; thence southeasterly a distance of 44.29 feet along a compound curve concave to the southwest having a radius of 55.00 feet and a central angle of 46 degrees 08 minutes 32 seconds; thence southerly a distance of 7.00 feet along a compound curve concave to the west having a radius of 20.00 feet and a central angle of 20 degrees 03 minutes 13 seconds; thence South 06 degrees 43 minutes 00 seconds West, tangent to last described curve, a distance of 37.69 feet; thence South 15 degrees 55 minutes 59 seconds West a distance of 60.19 feet; thence southerly a distance of 31.58 feet along a tangential curve concave to the east having a radius 130.00 feet and a central angle of 13 degrees 55 minutes 13 seconds; thence South 02 degrees 00 minutes 47 seconds West, tangent to last described curve. a distance of 20.83 feet to the point of beginning. DEPICTION OF EASEMENT AREA (depiction attached) EXHIBIT B TO TRAIL EASEMENT • PLANS FOR TRAIL FACILITIES The list of plans for the project titled Earl Brown Trail Easement & Realignment, project no. BR019088, prepared by MFRA, which includes plans for the construction of the trail facilities, is as follows: Sheet No. Sheet Title Dated C2.0 Site & Removals Plan 9 -16 -11 C3.0 Grading & Utility Plan 9 -16 -11 C4.0 Stormwater Pollution Prevention Plan 9 -16 -11 • i LEGEND PROPOSED = GRADING NOTES W f FN6TING G 1rewy�t PN �FRtt OMIT �� ¢tmMCM°c LGU ER STORM REWf0. �TAt� �� Mw l[:[i4um,bMR WN�NOr ul. W M fll N41 '• IIMUIGwM[[OrtW� ITMrt RMxnEE ¢[[[Nxn++¢mxrMCmas Mw[wuro anpineennpmMyIRUDIannIRp M6w �• — \ e RI�Il01NGG I u o[smx crAnx "'M"°p'"t"i'fixFMa,¢¢[Rfr,x [ v[[rvrt[x,M¢"wl[rxm,rl[ TAB - M µS6440 PymwN, — \ `\ / \ W LINIIS �•� . " il ° rs G'U pvu[n `°[ [em i wu t¢[,"[ p'[ wxm�wiw `mrawlsx°wx¢x,nruruxs¢.unun 6 .01OT MIWhD M \ uv �u`Vr[w ixexmuP R6N ATR. 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Client I BI \ COORDINATE UTUTY REMOVALS WITH CITY ENWNEM. I I I I CITY OF mm DEMOLITION NOTES BROOKLYN 1. DEMOLITION NOTES ARE FOR CURIFIROHIDN ONLY AND ARE SHOWN FOR HECONTRACTOR 'S CENTER BENEFR.TMESF NOTES ARE NOT INTFNDEDTD TO BE COMPREHENSIVE.— CONTRACTOR SXPLLRFMO fE OR RELOCATE ALL EXISTING DN -SITE IMPROVEMENTS NECESSARY TO REMOVE EXISTING WTMD ACCOMMOOATEHEPROPOSED.—HU —N, RCIIOVE EXISARE L RETAININO WALL 2. THEDESIGNSHOWNIS BASED UPON THE ENGINEER'S UNDERSTANDING OF THE EXISTING CWC��p� PAID — .S. y COxORIDNS IFCDNTPACfOP DO ESNOTACCEPTEXISTIN GTOPOGRAPHYa55HOWNONTHE project 1 PLANS WITHOUT EXCEPTION, HE SNALLHAVE MADE. ATHISOWN EXPENSE,ATOPOGRAPNIC F REMOVE TOP SLAB AND CASTING I �® SURVEY BV A REGISTERED LAND SUMEVOR AND SUBMRRTOHE OWNER FOR REVIEW. • A\�N E%ISIING STOMA MANHOLE E 3. THE CONTRA—A G RESPONSIBLE FOR HOEMDURION, REMOVAL. AND DISPOSING INA EARL BROWN ��( LOCATION APPROVEDBVALLGOVERNINGAUTHDgrtIESAND Ix A[[ORDANCEWITH TRAIL ' • TEWSi NG INCpnL PATIO SAWC • J I APPUCABLE CODES, OF ALL STRUCTURES, PAD, WAUS, FtUMES, FOUNDATIONS, PARKING, • ,�•• DRNES, DRAINAGE STRUCNNE;UnL"ES,ETC.SUCKT TTHEIMPROVEMENRSHOWNON TIVY TXA REMAINING PLANS CAN BECONSTRURED. ALL FACILITIES TO BE REMOVED SHALL BE e'' ' �\�`� .�� ✓" // / UNOERCUT TD SUITABLE MATERULAND BROUGHT TO GRADE WITH SURADE COMPACTE EASEMENT & D • _ FILL MATERIAL PER HE SPECIFIGTONS. • • �� '1 �\` —� �� j / / REALIGNMENT 4, H M ON ECORACTORBRESP H EF ORREMOVINGALL DEBRISFROM HESHE AND DISPOSING • \ \� �_ / ':/ HEDFBgISWa LAWFUL MANNER. THE CONTRACrogl5 RESPONSIBLE ioq OBTAINING ALL -' ® RS REQUIRED FOR DEMOLTON AND DISPOSAL ` "•� \ S. THENNTRACroR SHALLCOOLDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO HE VA Location r \ a , • n \ C\ REMOLAND /DRRELDC4TIONGFUTIUTIES.CONTM R5HALLPAVCL05EATTENTONTO BROOKLYN • e .: EHI CITIA ITH THE WITH RIGHT D URIN G CONTRACTOR ` 5H AL CORD LA COMPAN TDMPaNY[O CON CERNIN G PO TLO ANYF F WORK WHICH CENTER MN H MAYMAYBE PERF TYCOMEANYS FORCES ANDANTFEESWHICN ARE TO BEPAIDTOE UTILRTANY FORFORTHEIR SEW H ES SERVICES. P ' •\ � ❑ —�p. FOn vanxO AU PEFSaNDIN CHARGE£ �• — 6. ALL CTLOCA N GO1 DRSAS O TTO CONDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. EXISTING DEMOLITION PLAN GIVE NOTICE TO ALL UTUTY COMPANIES REGARDING DESTRUCTION AND REMOVAL OF ALL SERVICE LINES AND CAPAL HRH BEFORE PROCEEDING WITH THE WORK. UTILITIES 21 SCALE DETERMINED TO RE ABANDONED SHALL BE REMOVED IF UNDER THE BUILDING INCLUDING 30' BEYOND F I I S T. PRIOR TO DEMOLm NOCCURRING, EROSION CONTROL DEVICES ARE TO BE INSTALLED. Certification 6. CONTRACTOR SHALL LIMIT SAW .CUT &PAVEMENT REMOVAL TO ONLY HOSE AREAS WHERE R EER e IS REQUIRED AS SHOWN ON THESE CONSTRUCTION PLANS BUT IF ANYDAMAGE IS INCUR FFREvEMFNT, ETCTHECBNTRAmORSfMLL RESPONSIBLE OROSMOVALANDREPAIR. aMmnmm.. PROPOSED TO' -WNE + + 1 " J 9. CONTRAROR TO PflOTECT ExISTRIG FFATURESWNKN A0.F TO REMAIN. DAMAGETOANY TRAIL EASEMENT ♦ ♦ ' ♦ ' / / EXISTING CONDITIONS TO REMAIN WILL BE REPLACED ATCONTRACTOR'S EXPENSE. l / 2a` a one A /. 5P . Q . r .6610 B rt:09/16%L011 a + O.DBO L4 'A23 ♦♦'♦ SEED POND SIDE SLOPE l / C tl I �m�.pnr4 SEED TURF AREA LATH , r' , VAH MN/00T NI% J30 I q.� K e ` iwiadeu F OOnwe n .e, NN/DOT MI %260 :�S" { �♦ . ♦'♦ PRONDEEROSIN CONTI BLANKET { '� i j j ♦ �' p20 2$O$9ZZ0 ♦♦ (REFER TO SHEET MO) ^ I 2W6Yd.QO]ki♦ ♦ ♦{. a 2'Y5 - Summary g ' ♦. ♦ o i aei as ♦ a ♦ . ' j . ♦� ♦ a ♦ ♦ ♦♦ ♦♦ ♦ I APP BPP % /PRKe:XxnK j 1 ^TI P I •.r +; l:$:p V { g�q I Pn :_ HXWH:.ue:_.XAl ,T: 4r I ♦1.A11:sii',i Y' N, ♦,' ♦ '1DD675� T 69. ' ♦ ' ♦ a , IP l: t''syti" L 4Y>,z: [ �I Revision History �,.'V�' ~" t'T ILL' C�'4 R 'j � ' ♦ ' ' ♦' ♦'♦ No. Dale By Submittal /Revision A`.Zi ?YY..2 .-s.' ♦ ♦ ♦ ♦ . . EXESTNO OUTLET ti 1' %�'# 1 + "r k 'S k r2 ♦ Y�P L +J �' H' ♦ a ♦ STRUCTURE WITH NEW .R58B I I F:f J P I � • P ' 520268.4797 a• + • + I I Q59 A A S OOREOATE (lDD1i • • • 20064094fi8 \ ♦• ♦. . . . + ♦ + ♦ ♦ CLASSSF H. ' OD00 • �, ♦ t`u PLV MN"�O' r 313 "'�` Sheet Title . DawAC ro AT Y . ♦ / / WIDDF ]!BD TEAlL ODL SfMHIWD EAME rgDDTLiR oEFNRY. SITE & 6' ), REMOVALS / / ED] — — —:: PLAN 10 j — — Sheet No. Revision T OGOMrAOF SWCIMUC P� W 0 SITE LAYOl1TPLAN TYPICAL TRAIL CROSS- SE EXISTING OUTLETCDNTROL STRUCUTRE (� L a 205[ALE x.r.5 N.T,B Project No. BRO19089 Draft 9 -20 -11 • DEMOLITION AND REMOVAL OF FOUNTAIN AGREEMENT THIS DEMOLITION AND REMOVAL OF FOUNTAIN AGREEMENT (" Agreement is made and effective as of September , 2011 ( " Effective Date "), by and between WINGS FINANCIAL CREDIT UNION, a state chartered credit union, ( " Wings Financial "), and the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation ( " ). RECITALS: A. Wings Financial is the owner of a parcel of land improved with an office building with a street address of 6160 Summit Drive, Brooklyn Center, Minnesota, and legally described in Exhibit A ( " Wings Financial Parcel "). B. EDA is the owner of a vacant parcel of land that is adjacent to and to the north of the Wings Financial Parcel with a street address of 6250 Summit Drive, Brooklyn Center, Minnesota, and legally described in Exhibit B (` Parcel "). C. A fountain and related improvements ( " Fountain ") are located on both the Wings Financial Parcel and the EDA Parcel. The Fountain is not operating and is subject to an • Easement dated November 30, 2000, and December 7, 2000, in the office of the Registrar of Titles, Hennepin County, Minnesota, as document no. 3339130 ( " Easement "). D. The parties desire to demolish and remove the Fountain and terminate the Easement, all in accordance with this Agreement. NOW, THEREFORE, in consideration of the mutual promises and covenants herein contained and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the parties agree as follows: 1. Site Construction Documents The EDA, at its cost, has prepared the demolition and grading plans listed in the attached Exhibit C ( " Demolition and Grading Plan "). The Demolition and Grading Plan sets forth the scope of the Site Improvement Work defined in section 2 of this Agreement. The Demolition and Grading Plan has been reviewed and approved by EDA and Wings Financial. EDA represents that no further approvals are needed for the Demolition and Grading Plan except for the issuance of a demolition permit. 2. Site Improvement Work Wings Financial shall cause the following "Site Improvement Work to be completed by PGM or other contractor acceptable to Wings Financial in conformance with the Demolition and Grading Plan and as follows: (a) Demolition and Removal of Fountain The demolition, removal and offsite • disposal of the Fountain. This shall include the demolition and removal of the cement • fountain, steps to the pond, control equipment, structure enclosing the control equipment and wood retaining wall. Piping to the pond shall be cut below grade and covered with fill. Utility lines shall be cut and capped. (b) Fill and Grading Backfilling of the area where the Fountain is removed with class 5 aggregate or other fill to an elevation of approximately 4 inches below finished grade. Top soil shall then be added to finish grade to match elevations in accordance with the Demolition and Grading Plan. (c) Seeding. Top soil shall be seeded with grass seed, fertilized and watered to the extent needed for initial growth. No ongoing maintenance of the grass covering shall be required after the initial growth. Notwithstanding anything to the contrary contained in the Demolition and Grading Plan, in no event shall the Site Improvement Work include any removal or replacement of the trail, or any work on the pond outlet control structure. The EDA shall be responsible at its cost for this excluded work. The scope of the Site Improvement Work has been approved by EDA and Wings Financial. EDA represents that no further approvals are needed for Wings Financial to perform the Site Improvement Work except for the issuance of a demolition permit. The approval of EDA is needed for any material changes to the Site Improvement Work performed on the EDA Parcel. Wings Financial can make minor changes to the Site Improvement Work performed on the EDA Parcel as required by existing conditions without the approval of EDA. Wings Financial can make any changes to the Site Improvement Work performed on the Wings Financial Parcel as required by existing conditions without the approval of EDA. Nothing in this Agreement shall prevent either party from future changes (including patios, trails and other improvements) within the area on its property where the Fountain was located. 3. Costs to Perform the Site Improvement Work Wings Financial shall pay all costs to perform the Site Improvement Work. 4. Completion of the Site Improvement Work Wings Financial shall complete the Site Improvement Work within ninety (90) days after the Effective Date, subject to winter conditions, Permitted Delays (as defined in this Agreement) and possible extension for seeding. Depending on the timing of the removal of the Fountain, in the event reasonable, seeding may occur in the Spring 2012. To complete the Site Improvement Work, Wings Financial shall provide the following items: (a) A walk -thru and inspection opportunity with EDA to confirm completion of the Site Improvement Work consistent with the Demolition and Grading Plan, this Agreement and the demolition permit. . (b) A certificate of substantial completion from the contractor performing the Site Improvement Work that certifies substantial completion of the Site 2 Improvement Work consistent with the Demolition and Grading Plan, this • Agreement and the demolition permit. (c) Full and final lien waivers from all contractors and persons who have performed any Site Improvement Work. 5. Inspection and Punch List Items During the construction of the Site Improvement Work, EDA and its agents may at anytime inspect the Site Improvement Work. Upon completion of the Site Improvement Work (except for seeding which may be performed and inspected separately), Wings Financial shall provide EDA with a notice that the Site Improvement Work is completed, and both Wings Financial and EDA shall complete a walk -thru and inspection of the Site Improvement Work within thirty (30) days after receipt of such notice. If EDA does not provide written notice to Wings Financial of any objections to the Site Improvement Work within forty -five (45) days after receipt of Wings Financial notice that the same are complete, then EDA shall be deemed to have accepted the Site Improvement Work. Any objections from EDA shall be in written form and shall be specific as to what Site Improvement Work is not completed. Wings Financial shall then have a reasonable time, but not to exceed thirty (30) days for all work except seeding, to correct the punch list item and resubmit notice that the Site Improvement Work is completed, or Wings Financial shall submit evidence to show that the punch list item is not required to be performed, which shall act as written notice to EDA that the Site Improvement Work is completed. Wings Financial obligation to complete the Site Improvement Work shall be limited to the specific items set forth in this Agreement. In no event shall the scope of the Site Improvement Work be expanded in order to obtain EDA • approval. All inspections made by EDA shall be at its cost. 6. Construction Representative of Wings Financial Wings Financial shall designate a representative knowledgeable in construction matters as its representative to coordinate construction and provide any notices or directions to EDA regarding the construction and completion of the Site Improvement Work. Wings Financial shall provide EDA with the name and contact of its representative prior to commencement of the Site Improvement Work. The representative of Wings Financial shall keep EDA regularly informed on a bi- weekly basis of the progress of the construction and completion of the Site Improvement Work. 7. License to Enter EDA hereby grants to Wings Financial, its contractors, agents and employees a temporary license to enter upon the EDA Parcel for the purpose of performing the Site Improvement Work, all at no cost to Wings Financial. 8. Termination of Easement The parties hereby agree to terminate the Easement. The arties shall execute a separate termination of easement in recordable form simultaneous) p p Y with the execution of this Agreement, all in a form substantially similar to the attached Exhibit D. EDA shall provide at least two originals executed and notarized of the termination of easement within five (5) days after the Effective Date. The EDA shall be responsible for obtaining the original notarized signature of Brooklyn Hotel Partners, LLC for the termination of the easement.. In the event that the signature of Brooklyn Hotel Partners, LLC is not obtained, then the parties agree to execute a termination agreement without such signature. Wings • Financial, at its cost, shall record the termination easement against the Wings Financial Parcel, 3 • the EDA Parcel and an adjacent third parcel owned by Brooklyn Hotel Partners, LLC and being operated as a hotel. 9. lndemnity Wings Financial shall indemnify, defend and hold harmless EDA from and against any and all judgments, actions, liens, loss, damages, penalties, fines, liabilities, expenses (including reasonable attorneys' fees) and claims in connection with any construction activity performed under this Agreement by or at the instance of Wings Financial. 10. Liens Wings Financial shall keep the EDA Parcel free from any liens arising out of any Site Improvement Work. If any such lien is filed against the EDA Parcel, Wings Financial shall give EDA written notice and shall cause the same to be discharged of record by payment, bond, order of a court of competent jurisdiction or otherwise, within sixty (60) days after imposition of the lien. Wings Financial shall defend, indemnify and hold EDA and the EDA Parcel harmless from and against all claims in the nature of mechanics' liens arising out of either any contracts entered into, or any services, labor or materials rendered, with respect to the Site Improvement Work or any. construction activities performed at the direction of Wings Financial or its contractors. The provisions of this paragraph shall survive the expiration or termination of this Agreement. 11. Permitted Delays Whenever performance of any obligation is required of any party hereunder, such party shall use all due diligence to perform and take all necessary measures in good faith to perform such obligation; provided, however, that if completion of performance • shall be delayed at any time by reason of acts of God, war, civil commotion, riots, strikes, .picketing or other labor disputes, unavailability of labor or materials or damage to work in progress by reason of fire or other casualty, national emergency, acts of a public enemy, adverse weather conditions that were abnormal for the period of time, could not have been anticipated, and have had a material and adverse effect on the construction schedule, and data is supplied by the Wings Financial substantiating such weather conditions, or other causes like in nature beyond the reasonable control of such party, then the time for performance as herein specified shall be appropriately extended by the time of the delay actually caused. 12. Notices Any notice required or permitted pursuant to this Agreement shall be in writing and delivered by (a) personal delivery, (b) reputable overnight delivery service with proof of delivery, (c) United States mail, postage prepaid, either certified or first class mail, or (d) email or facsimile transmission. All notices shall be sent to a party at the address set forth below, or to such other address or person as the party shall have designated in writing. Notices shall be deemed given upon the earlier of the date of actual receipt or (i) at the time of delivery if by personal delivery, or (ii) as of the date of first attempted delivery if by overnight delivery or certified mail; or (iii) upon the date receipt is evidenced by a receipt transmission report if by email or facsimile. If to Wings Financial: Wings Financial Credit Union Attn: Paul L. Dinger 14985 Glazier Avenue Sixth Floor Apple Valley, MN 55124 4 With a copy to: Fafinski Mark & Johnson, P.A. Attn: Greg Brenny 775 Prairie Center Drive, Suite 400 Eden Prairie, Minnesota 55344 If to EDA: Economic Development Authority of Brooklyn Center, Minnesota Attn: Gary Eitel - Business and Development Director 6301 Shingle Creek Pkwy. Brooklyn Center, MN 55430 13. Relationship of Parties Nothing contained in this Agreement shall be deemed or construed, either by the parties hereto or by any third party, to create the relationship of principal and any a ent or to create partnership, joint venture or other association between EDA and g p Wings Financial. 14. Exhibits Incorporated Each exhibit attached to and referred to in this Agreement is hereby incorporated by reference as though set forth in full where referred to herein. 15. Applicable Law This Agreement shall be governed by and construed in accordance with the laws of the State of Minnesota. • 16. Countemarts This Agreement may be signed in counterparts, each of which shall be deemed an original and all of which when taken together shall constitute one instrument. signature page follows I • 5 IN WITNESS WHEREOF, the parties have caused this Demolition and Removal of Fountain Agreement to be executed by their duly authorized representatives effective as of the day and year first above written. WINGS FINANCIAL CREDIT UNION, a state chartered credit union By: Print: Paul L. Dinger Its: Vice President of Risk Management & General Counsel ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation By: Print: Its: President By: Print: Its: Executive Director } 6 EXHIBIT A LEGAL DESCRIPTION OF WINGS FINANCIAL PARCEL Legal Description: Lot 2, Block 1, Brooklyn Farm, Hennepin County, Minnesota EXHIBIT B LEGAL DESCRIPTION OF EDA PARCEL Legal Description Lot 2, Block 1, Brooklyn Farm 2nd Addition according to the recorded plat thereof, Hennepin County, Minnesota. • EXHIBIT C • DEMOLITION AND GRADING PLANS The list of plans for the project titled Earl Brown Trail Easement & Realignment, project no. BR019088, prepared by MFRA, is as follows: Sheet No. Sheet Title Dated C2.0 Site & Removals Plan 9 -16 -11 C3.0 Grading & Utility Plan 9 -16 -11 C4.0 Stormwater Pollution Prevention Plan 9 -16 -11 • = LEGEND - - RDPDS FD ra RDE ERTY LIMIT - - - - -- - - - - -- MN /Z oTSFED /( CUR MEGUTTER r' BUILDING Mti /ppi5EE0 Bn01RA0M06uNAYIn071BRnIAO GTBw I NG DCATI W TRAIL F—INI LIMITS MI %330 14800 2801 AM:. N, SEE 140 4 RFP T PRIOR TO CONSiRUCiION NORTH FFUNE \..+'..•'.�- HymOUtlI, MInnBBNe 66417 NEW /QD P-1 GERM \ I o SAwDT LIKE ASPHALT PAVING 0631476.B672 8032 IECE1.11e RB 08 ® MPGU ARO AD T 3 147A. W Wulm IPELI CONCRETE PAVING A'W.m110.ODm J \ \ \ REMOVE EXISTING CO RG E FOUNTAIN POO SCALE IN FEET REF E%ISIIN \ \ S IDE ALL WNTAIN ouo�ul I I I I I I CITY Clien O� BHIIMINWS IL COORDINATE UTILITY REMOVALS WITH CITY ENGINEER. EEIDEMOLIIITION NO D DRTHFDNTRADTD BROOKLYN F SR.—F R•5 CENTER 1. II BENEFIT.THESE NOTESARE NOT INTENDED TO TO B COMPREHENSIVE. THE CONTRAROR \ I SCCLEREMOVE OR RELOCATE ALL EXISTING ON -SITE IMPROVEMENTS NECE55ARYT0 1 � SNOW EXISTING WOOD OMMOpATETHE PROPOSED COrvSTxuLTION. RE E%ISIME c RE I TAINING WAIL 2 of DES IGS SHOW NIS BASE R DDFS NOT ACCEEER'S UNDERSTANDING OF THE EXISTNG CONG PAID '( — _Bjg:s PLANS WITHOUT EXCEPTION, HESHALLHAVE MnoE,FTHSOwu EINEFOlITOV RAPHC Project L REMOVE TOP SUB AND CASING SURVEY BY A REGISTERED LAND SURVEYORAND SUBMIT ITTO THE OWNER FOR REVIEW. 1 OF EXISTNG STORM MANHOLE REMOVAL, AND DEPOSING 3. THE CONTRACT OR ISRESPO E FOR GO D O A N, RE ILIA EARL BROWN J W ITN ' P $AW CI�T TESTING ONCynL PA710: �/ 1 Pp E C , D R IM EAUSTRUCnRES THAI— FOU„DA ET SHOWN, TRAIL / NATTNEIMPROVEMENT63H HE i „'ERE °AITI��Pa�, °aAII z D ROU: OC XRPEWIT EREM S HAL L HE EASEMENT & TT EILLMATERIALPERTXf SPECIFICA Eolrvl, BROUGHT TOGRADF WITH SUITA COMPACTED NTRA ISRESPONSIBEEFOR REMOVING ALL DEBRIS FROM THE SITE AND DISPOSING REALIGNMENT THE CO ROR BRBINANwFDLMANNER. THEDNTRA CTORISRESPONSBLE FOR DBTAININGALL ® PERM T5 REQUIRED FDR DEMDUTION AND DISPOSAL. 5 THEDNTRACTDR SHALL COORDINATE WITH RESPECTIVE UTILITY COMPANIES PRIOR TO THE Location C\ REMOVALAND/ORR TUADONOF UTILITIES. CONTRACTOR SHALL PAY CLOSE ATTENTION TO BROOKLYN . ^ G T LL UUTES T„ WITH I FO TIONS SAW W ORK W TOR MAY DooTNEu;`TMCO DMEI YDMPANYDNDERNLNGPDRTIDN60FW EITO CENTER, MN BE \ FOR OMPANY FOR THEIR SERVICES. THE [ONTR= IS HE O -- D. P PAYING ALL FEES AND CHARGES. Q - 6 ED AS THE LOCATION' DR AS THE ONLY DRSTACLES THAT MAY OMR ON THE SITE. VERIFY DEMOLITION PLAN Q STING DNDITIONS AND PROCEED WITH CAUTION AROUND ANY ANTICIPATED FEATURES. 20 SCALE BE 5E=O TONBE ABA NpONED REMOVED IF UNDER THE BUILDING ' INCLUDING 30' SERVICE LINES P ALL FOUNDATIONS. I S WHERE r � YI , �� O0. i0 DEMOLITION OCCURRING, EROSION [ONTPOL DEVICES ARE TORE INSTALLED. I —N P P P ', / a CD RACTORSHIAU LIMIT SAW .,. oI ,fi / y A�y� / 'S REOUBEDAS SHOWN ON THESE CONSTRUCTION PUUi BUTIF auY DAMAGE i el neon. :MW, FOLD . o /la�olm.nnn LADING PAVEMENT, ETE-E CONTRACTOR SHALL BE VVV ESPONSB FOR ITS REMOVAL AND REPAIR. PROPOSED TO' —WIDE * 9. DNTRACTORTOPROTECTE %( STING FEATURES WHICH ARE TO REMAIN. LAMAGETOANY TRAIL EASEMENT ' . . . Q / / EXISTING CONOILIONSTO REMAIN WILL BE REPLACED ATCONTRACTOR'5 EXPENSE. J la „one 52 , a sr 6612 C Le.09/16/2011 ,' D.000 ,'a' SEED POND SIDE SLOPE SEED TIRE AREA WiIH H WSIH MR/D. MIX 332 P PU- MN /DOT MIX 260 A t, ' + ' , R E CONTROL BLANKET ( / InmwTn.l'nudliueuFen:eeun MTxW0.1 cnD (REFER FER EROSION CONTROL TO SHEET 04.0) / ., E. ZZ Summa o.o®D E7 PWM: w.. A111—F .1 , ,','.' Bana:IFrnR DnwnuN Y' ir De :I •:r +� ,�.: ' ^� =r51 { 52b ohs � I Pxane.F wmll :nnn:osnw:au ED. n A Histo r y . # Revision Histo I / N1.D130 By SUDMIEL81 ReVISIO, EXISTING �!�t�'' ..ti 't - s.ItiV. ^•y. 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N.T.R Project No. BRO19088 F GENERAL EROSION NOTES: mxrxR�x,[,flw[x[oU[wartx,�x[nxRm [. mnrA n° xs, xxw[ a,[, axmms.[°. xa, �.[, �wna [:nwa[u<..[cm[an °x[x,w,..[r. / I / I I I n enRiNmNmnrtlNRimmNener. (T) �,eu� ss4ii NORTH _ rarxF[ usnwmxomzxisxoxmoxrmsvwJ .x[nsstou.ox. / / l J / // arxonon[x aromcurwcsuavnera.[ uxosuavrmaaxosueaarmo ,x[owx[avo.. uv.su.,n,cx[R w.v[rsx[[w °M"VF awoc 17U47B.MO WNRNN sd[® !7891 VULboslmN / /// I I / / " .am[rn. `n"" mm° awx[ e[ n[ sosau[ u"'% mm+ �onnr:° oawc[ saavnn°zm,xiaix'ivvovinn[soe""c <`m m"u'A'"oxr"".sno °,ms . Nc°m Client � = ERIDW xER. CITY OF o .•�'• i i Mq IX M w .[X T,T [ +rt[o a, mina mox. 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STORMWATER wxoNp °m A= u,u. a Juno rKwMam�. ` w aKMe�.[w[O o[mmx POLLUTION PREVENTION a,wxm wmwL maxm o m oe[wm ..m w . ww mae, �xxx[m n °xroa [ maw,[,m.[.xN .x x. ; PLAN (SWPPP) n amaesxuxort°mmEaw�os° woWESn,e� mupwEaox°xmxrmEnwxnu,mm�rm[s E� rnrmx oaawm^avn �rnx�.[xTVU..xro ' ,a[.,ma.[x.rowmw e F1` �rEc�mro[ �xmsxarn, NTN, m�artxrmo.,° x° mNmx: mxnwrJarnxmE :na[awiN,Nmm,uT °xaa[„N,mEaRws _ .abx m n ° x[° xmxRx, °ax�xaaa °a,x[�xxOaamxaa[a Sheet No. Revision SILT FENCE [ INLET PROTECTION (PE3) [ EROSION CONTROL BLANKET C4.0 xpTrosuLE NprTp 9cALE Project No. BRO19088 9 EXHIBIT D TERMINATION AND RELEASE OF EASEMENT THIS TERMINATION AND RELEASE OF EASEMENT ( " Alzreement ") is made and effective as of August , 2011 ( " Effective Date ") by the ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA, a Minnesota municipal corporation, ( "EDA ") and BROOKLYN HOTEL PARTNERS, LLC, a Minnesota limited liability company ( " Brooklyn Hotel "), and WINGS FINANCIAL CREDIT UNION, a state chartered credit union ( " Wings Financial "). RECITALS: A. The EDA is the owner of a parcel of property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, as legally described on Exhibit A attached hereto ( " EDA Parcel "). The EDA Parcel was previously owned by ReliaStar Life Insurance Company and is part of the ReliaStar Parcel B. Brooklyn Hotel is the owner of a parcel of property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, as legally described on Exhibit B • attached hereto (` Brooklyn Hotel Parcel "). The Brooklyn Hotel Parcel was previously owned by ReliaStar Life Insurance Company and is part of the ReliaStar Parcel. C. The EDA Parcel and the Brooklyn Hotel Parcel were created by subdivision of the ReliaStar Parcel and make up the entire ReliaStar Parcel. D. Wings Financial is the owner of a parcel of property located in the City of Brooklyn Center, County of Hennepin, State of Minnesota, as legally described on Exhibit C attached hereto ( " Wings Financial Parcel "). The Wings Financial Parcel was previously owned by Brookdale Associates Limited Partnership and is the Brookdale Parcel. E. The Brooklyn Hotel Parcel is benefitted and the EDA Parcel and the Wings Financial Parcel are benefitted and burdened by an easement for the use, operation, maintenance and reconstruction of a cement encased pond, fountain, patio and sidewalk located on the common boundary between the EDA Parcel and the Wings Financial Parcel, which easement ( " Easement ") is described as follows: Easement dated November 30, 2000, and recorded December 7, 2000, in the .office of the Registrar of Titles, Hennepin County, Minnesota, as document no. 3339130. F. The parties desire to terminate the Easement and release the Brooklyn Hotel Parcel, the EDA Parcel, and the Wings Financial Parcel from the Easement. • • NOW THEREFORE, in consideration of the sum of One Dollar ($1.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, EDA hereby agrees as follows: 1. Termination and Release Brooklyn Hotel, the EDA, and Wings Financial, for themselves and their successors and assigns, do hereby terminate the Easement. The Easement is of no further force and effect and the Brooklyn Hotel Parcel, the EDA Parcel, and the Wings Financial Parcel are hereby released in all respects from the Easement. 2. Counterparts This Agreement may be executed separately and independently in any number of counterparts and each and all of which together shall be deemed to have been executed simultaneously and regarded as one agreement dated the Effective Date. 3. Definitions Except as otherwise provided in this Agreement, the terms defined in the Easement shall have the same meaning when used in this Agreement. IN WITNESS WHEREOF, the parties have executed this Termination and Release of Easement as of the Effective Date. PROPOSAL BY WINGS FINANCIAL FOR THE • TERMINATION OF THE CEMENT POND/FOUNTAIN EASEMENT AND DEDICATION OF A NEW TRAIL EASEMENT Mr. Eitel summarized the history of the cement storm water and aesthetic pond and fountain at 6160 Summit Drive and changes in ownership. He then provided a presentation on the proposal by Wings Financial to remove the fountain and cement pond and dedicate the trail easement to allow the continuation of the trail /pedestrian walkway around the pond. Wings Financial would pay for the demolition and restoration, estimated at $20,000, and the EDA would be responsible for all costs associated with the reconstruction of the trail, i.e., surveying, legal costs, trail construction, and aesthetic improvement such as landscaping, as well as on -going maintenance. It was noted that Wings Financial would have no current or future financial responsibilities for lighting of the trail or placement of a fountain in the pond. Mr. Eitel asked whether: the Council has a sufficient understandin g of the 2000 ReliaStar- Br ookdale Cement Pond/F ountam easement Agreement, is willing to accept the responsibility of reconstructing /maintaining the trail around the pond; and, interested in the placement of a fountain within the pond and/or pedestrian lighting of the trail. He noted this trail is an "orphan" and a maintenance agreement for it does not exist. With regard to the fountain, he advised it may cost $45,000 to repair the existing fountain; however, it would add an amenity. I The Council discussed the cost to properly repair and maintain the fountain, due to its age, and whether the funds may be better spent on a new fountain. ADJOURN STUDY SESSION TO INFORMAL OPEN FORUM WITH CITY COUNCIL Councilmember Lasman moved and Councilmember Ryan seconded to close the Study Session at 6:45 p.m. Motion passed unanimously. RECONVENE STUDY SESSION Councilmember Lasman moved and Councilmember Roche seconded to reconvene the Study Session at 6:46 p.m. Motion passed unanimously. PROPOSAL BY WINGS FINANCIAL FOR THE TERMINATION OF THE CEMENT POND/FOUNTAIN EASEMENT AND DEDICATION OF A NEW TRAIL EASEMENT — CONTINUED Mr. Eitel described how the pond could become an amenity to this site, especially for those staying at Embassy Suites. He explained that a fountain would aerate the pond but additional treatment may be required to remove algae bloom and create a pristine pond. . Mr. Eitel explained the agreement would remove the cement fountain and pond at the cost of Wings Financial and the question for the Council is whether to establish the trail around the pond, pedestrian scaled lighting on the east side of the pond, and a fountain. Councilmember Roche stated his support to include a fountain and incorporate the pond into the Earle Brown Heritage Center, noting it would create synergy and could become the "center" for Brooklyn Center and assist in the rebranding effort. He agreed a fountain would also present a good impression to those staying at the Embassy Suites. Councilmember Roche stated he has a sufficient understanding of the costs, supports including a fountain, and to reconstruct and maintain the trail around the pond, and add lighting. Councilmember Kleven concurred and stated she also supports installing a fountain. Mayor Willson supported installation of a trail and changing the lighting so it can be used for taking a stroll in the evening and placement of a fountain in the pond to create ambiance and an amenity for Embassy Suites, Earle Brown Heritage Center, and the other side. Councilmember Ryan concurred, noting it would be up to the Council whether trail improvements are completed. He stated he would like to see what can be done with pond maintenance to eliminate algae. Mr. Boganey advised that the decision relating to termination of the agreement with Wings . Financial is the first and most critical decision to be made. He recapped that the Council has uniformly agreed to terminate that agreement and allow Wings Financial, at its expense, to remove the cement pool and fountain. He noted that everything else related to the trail, lighting, and fountain are at the EDA's discretion. The majority consensus of the Council was to direct staff to prepare a resolution to terminate the Cement Pond Easement and provide additional information on costs to build the trail, lighting, installing a fountain, maintenance, and operating those amenities. It was noted the Council will also need to weigh whether it should be the obligation of the EDA/City for on -going maintenance. ADJOURNMENT PROPOSAL BY WINGS FINANCIAL FOR THE TERMINATION OF THE CEMENT POND/FOUNTAIN EASEMENT AND DEDICATION OF A NEW TRAIL EASEMENT City Manager Curt Boganey summarized the earlier Study Session discussion and consensus of the City Council /EDA to terminate the existing Cement Pond Easement. He indicated staff will bring forward a resolution for that action as well as cost estimates for construction of a trail, lighting options, and installation/maintenance of a fountain. MEMORANDUM - COUNCIL WORK SESSION DATE: July 20, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Proposal by Wings Financial for the Termination of the Cement Pond/Fountain Easement and Dedication of a New Trail Easement. Recommendation: It is recommended that the City Council consider providing direction to staff regarding the proposal by Wings Financial for the termination of the Cement Pond Easement (removal of the cement pond and fountain) and their dedication of a trail easement for the construction/reconstruction of a trail by the EDA. Background: The City's records indicate that the office building at 6160 Summit Drive, received site plan approval by the City Council on March 24, 1986. Attached is a copy of the site landscape plan included in the Council's agenda packet, which illustrates the development of this 5.9 acre site, the construction of a pond, and a 2 ° a phase office building on the adjoining land to the north. The planning report on this item indicated that the pond was being developed for both aesthetic and drainage purposes, with the notation that the pond will be surrounded by a lawn and pedestrian path. Thought the cement pond was not shown on this landscape plan, the City understanding that the cement pond and fountain, the pond, and the existing pedestrian path around the pond were installed as part of the initial site improvement by Ryan Companies in 1986. On November 30, 2000 an easement referenced as, Encroachment and Maintenance of Cement Pond, was executed between ReliaStar Life Insurance Company, its successors and assigns (ReliaStar) and Brookdale Associates Limited Partnership, its successors and assigns ( Brookdale). This agreement provided for the dedications of easements for the cement pond/fountain that had been constructed on the common lot line between these two properties. This easement agreement provided the following components: - Maintenance of the cement pond by Brookdale, with a provision that if the Brookdale fails to discharge the obligations under the agreement, that ReliaStar would have the option to perform the obligations of the agreement. - Cost allocations for out of pocket expenses to carry out the obligations of the agreement were to split 50 -50 basis between the two property owners, once a building was constructed and placed in use on the ReliaStar property. - Significant cost items for any construction or reconstruction exceeding $2,500 required a 60 day notice, - Restoration of the facilities /sites on either parcels by Brookdale with a similar cost allocation. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION • _ A 5 foot temporary construction easements around the cement pond, Termination or Amendment provision which states that the Agreement may be terminated or from time to time amended with the signature of the ReliaStar Parcel owner and Brookdale Parcel owner and the holders of first mortgages, if any, on the ReliaStar Parcel and Brookdale Parcel, and no consent or signature of any other party entitled to use the easements and rights created hereby shall be required. On December 15, 2000, ReliaStar sold their parcel to the EDA. . On July 1, 2003, Brookdale sod their parcel to the City Co Federal Credit Union. In January of 2008, the EDA conveyed a portion of the ReliaStar parcel for the construction of the Embassy Suite Hotel and retained the southerly 2 acres. This lot contains a majority of the pond and 50% of the cement pond /fountain. The development of the Embassy Suites Hotel required the expansion of the pond and as a result the cement pond /fountain was not operated in 2008. In conversations with the property management, a major problem (broken water line feeding the fountain) was identified when the fountain was put back in operation in 2009. The estimated cost of repairs was $45,664 and discussions on the total replacement of this fountain and water supply /pumping system were projected to exceed $90,000. In April of 2009, the Embassy Suites received their occupancy permit and the cost sharing provisions of the Cement Pond Easement now included the EDA (ReliaStar Parcel). Over the last two years, staff has had several meeting with property management on the options associated with repairs, replacement, enhancements to the pond and trail, and financial responsibilities of parties should termination of the agreement be considered. In 2010, Wings Financial became the new owner of the Brookdale Parcel and the responsible party for the maintenance of the cement pond/fountain. Their assessment of the conditions of the pond /fountain and relative costs associated with repair or replacement of the fountain was to pursue the demolition of the cement pond/fountain and termination of the agreement. Attached for your reference is a copy of the ReliaStar - Brookdale Easement (Encroachment and Maintenance of Cement Pond, the quote by Flair Fountains to repair the structure and portion of the site plan for the Embassy Suites which identifies the location of the cement pond and relocation of the trail and pond improvements. Proposal for Fountain Removal and Trail Easement Dedication; The attached proposal provides that Wings Financial will pay for 100% of the demolition and restoration costs associated with the removal of the cement pond. The estimated cost of the demolition is approximately $20,000. Additionally, Wings Financial would dedicate to the City a trail easement to allow the continuation of the trail /pedestrian walkway around the pond. i Mission: Ensuring an attractive, clean, safe community that enhances the duality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION The proposal provides that the EDA would be responsible for all costs associated with the reconstruction of this trail (surveying, legal, trail construction, and landscaping) and its ongoing • maintenance. The proposal also references that Wings Financial would have no current or future financial responsibilities for the following items: 1. Lighting of the trail, (The light standard on the east side of the pond, adjoining the EBHC, were installed by Ryan Companies with the initial construction and have been maintained by the Brookdale parcel over the years.) 2. The placement of a fountain in the pond. (Through the discussions with property management (Brookdale Parcel), staff has expressed its opinion on the aesthetic value of replacing the fountain in the cement pond with a lighted fountain in the pond.) Policy Issues: Does the City Council /EDA feel it has sufficient understanding of the 2000 ReliaStar- Brookdale Cement Pond/Fountain Easement/Agreement and the estimated repair costs of the cement pond /fountain to proceed with the Termination of this agreement? Is the City Council/EDA willing to accept the responsibility of reconstructing and maintaining the trail around the pond? Is the City Council/EDA interested in considering the placement of a fountain within the pond and /or the pedestrian lighting of the trail? Council Goals: Select not more than two. Strategic: 5. We will continue to maintain and upgrade City infrastructure improvements Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust -M m LOGISMap Output Page Page 1 of 1 • 'vi ` �;�j1m � _lF J ----------- - -- NO ww � j _1 T• ' �q; �• � � 4 rh��'ak's ef uace cd.r Acnl$ C"Pyn6ft CILUOMfSS2MS • http:// gis. logis. org/ LOGIS_ ArcIMS/ ims? ServiceName= be _logismap_ovsde &ClientVersio... 7/21/2011 ' r _ S f 1 qm { l ' s T' ..: A j ' r I n . I ' . r� i OPTION No. 1 s • b.�, ° ' °�. is '+ :y � OPTION No. 2 io ... ; -Y. l* a �,F j ry' � F•� MK `� � 7 iZ �: r 10285 89th Ave. N. • Maple Grove, MN 55369 Proposal # 2011 -2004 AW I I I ft" 1 Ph. (763) 424 -9191 • Fax (763) 424 -9190 • Asphalt Contractors, Inc. Date: Tuesday, August 16, 2011 _... __.. Submitted To. Site Description: # S118038 N Prepared By: Gary Eitel Embassy - Heritage Ctr - Pond Trail Jim Bebo City of Brooklyn Center 6300 Shingle Creek Parkway Contact Information: 6844 Shingle Creek Pkwy Brooklyn Center, MN 55430 Mobile: 612 - 685 -2755 Brooklyn Center, MN 55430 Office: 763 - 424 -9191 Contact Information: Site Contact: E -mail: jim @aciasphalt.com Phone: (763) 563 -3305 Site Phone: Mobile: Site Email E -mail: geitel @ci.brooklyn - center.mn.us Qty Proposed Service(s) & Description(s) Depth 2,786 Sq. Ft. Asphalt Removal and Grading 3" Service Description Remove aspfralt and haul off site. Regtade existing base and add CL -.5 base as needed to eslabfesh a solid Base and roll for cornpaetion. Any maj ?t °.s of excavation of soft areas is to be done at a cost outside the scope of this proposal and will be Inspected by a rresentatrtleorrt bolt, r,rlies, an d any a°lditiorraf base Ivill e identified and priced at that Nine (this cost is generally $ 3t3 /squme foot per inch of removal and rep /acing with CL -5 base). 665 Sq. Ft. Install and Grade Recycled Class 5 Base Material 6" Service Description Unless othe rr- se stated, the standald product of choice to be used itr base work irzstallatiof rs r. "s 5 rc:cyrle baso Once <worrrfr,�cted tlr %s product pr ovides art o.�C6 foundation and is environmentally fnerdl y as it is made Mon? /ec n/ad concrete and Y y 17i�:rf3117r� ?CI,S. 2,891 Sq. Ft. Asphalt Base Lift 3" $8,934.08 Service Description Install the new flat MX asphalt with s'e fpropelled pavar and carrrpact witlr uitrratary roller over m co pacterlC:' /- .S ravel base. The thiektress will va sli htf ��ittr 9` r3' .g l compaction and contour of area to be paved. P TERMS 0 Down, Balance Net 15 Project Total: $8 ,934.0 8 This proposal may be withdrawn at our option if not accepted within 7 days _ of Aug 16, 2011 Pavement Consultant Jim Bebo I Accepted Authorized Signature Professional People, Progressive Solutions www. aciasphalt.com Bid/Estimate DATE ESTIMATE NO. Iif `Iff 1� 11 Construction Services 9/26/2011 2614 Roll -Off Dumpsters -10, 20,30 Yards Excavating & Demolition 2236 -172nd Ln NE - Ham Lake MN 55304 Phone: (763) 434 -3494 - Fax: (763) 434 -4438 CITY OF BROOKLYN CENTER 6844 SHINGLE CREEK PKWY BROOKLYN CENTER, MN 55430 E -mail P.O. # TERMS PROJECT PGMINC@COMCAST.NET Due on receipt CATCH BASIN RE- CONSTRUCTION DESCRIPTION QTY COST TOTAL WORK TO INCLUDE REMOVAL OF TOP 8" OF OLD CATCH BASIN, INSTALL NEW 6' FT 1 7,922.50 7,922.50 ANGLED CONCRETE PIPE WITH 2' SLOPE FROM TOP TO BOTTOM WITH NEW STEEL GRATE ON TOP. BID INCLUDES AN ALLOWANCE OF 40 YARDS OF SAND FILL FOR BACKFILLING ALONG SIDEWALK AND 20 YARDS OF TOP SOIL. INCLUDES GRADING OF FILL SAND AND TOP SOIL. BID INCLUDES AN ALLOWANCE OF 450 SQ YARDS OF SEEDING, FERTILIZER AND MESH BLANKETS. "ESTIMATE IS GOOD FOR 30 DAYS FROM DATE ABOVE" Please call if you have any question, Thank You Kurt SINCERELY Subtota $7,922.50 KURTD. LACOE Sales Tax (7.125 %) $0.00 PRES. ACCEPTANCE: DATE: TOTAL $7,922.50 Wings Financial Resolution to Approve the Termination of Cement Pond/Fountain Easement & Providing for Dedication of a New Trail Easement EDA Meeting October 10, 2011 r rte, r� r E " Background 1986 Ryan Companies develops the 5.9 acre site located at 6160 Summit Drive for a 111 ,755 sq. ft office building. The construction included a patio and the following improvements on the adjoining lot shown as a 2nd phase office development: Storm water pond with aesthetic treatment (bituminous trail, lighting, and benches) A cement pond with fountain. On November 30, 2000 an easement referenced as, "Encroachment and Maintenance of Cement Pond" was executed between ReliaStar Life Insurance Company, its successors and assigns (ReliaStar) and Brookdale Associates Limited Partnership, its successors and assigns (Brookdale). On December 15, 2000, ReliaStar sold their parcel to the EDA. On July 1 , 2003, Brookdale sold their parcel to the City County Federal Credit Union. In January of 2008, the EDA conveyed a portion of the ReliaStar parcel for the construction of the Embassy Suite Hotel and retained the southerly 2 acres. limbasaws L L� IV, tAik�itl:j�.-Ik I #41 U60 piev 'YAA 41 WIN to aL 4' -,4P I r,. _' ; /' , / , / ', �' /�,Y'.`' _,��.t�..} :5,•,iu�Y;^•:ti. _ ,...... •yY:•�: ^t'•., © j7I.Sn.r,t�. � ,ti". �� 'i•• .. V 'Jil ',��.• Jam \ �! fiI /, / / '/ ', i /, / ® '1 .?�`,y::;'`'•�"`�..,, � A ..• I / iT•r'y��p III qp� I;{�•a i� D�: ;:: ��>�"l,� - .�:•.Vii: •�..J �J,�. �r rwL � � , / !a PROPOSED FFE 849.4 All ! - 11 (L Irk , cl iE j'. 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PAOiStt� I k k � OPTION No_ i k; r ow -�S' r '! - 4 EDA Agenda Item No. 4b • • EDA ITEM MEMORANDUM • DATE: October 4, 2011 TO: Curt Boganey, City Manager FROM: Tom Bublitz, EDA/HRA Specialist THROUGH: Gary Eitel, Business and Development Director tit - SUBJECT: It is recommended that the Economic Development Authority Consider Approval of Grant Applications for Contamination Cleanup of the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center Recommendation: It is recommended that the Economic Development Authority of Brooklyn Center, Minnesota (EDA) consider approval of the following resolutions: A. Resolution Authorizing the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant from the Minnesota Department of Employment and Economic Development. B. Resolution Authorizing the Submission of a Grant Application to the Metropolitan Council for the Tax Base Revitalization Account. C. Resolution Approving an Application for a Hennepin County Environmental Financial Grant. Background: This memorandum addresses the proposed environmental remediation and redevelopment of the industrial property located at 4821 Xerxes Avenue North in Brooklyn Center (the Site) and known as the former Howe Chemical Site. With regard to environmental remediation of The Site, the EDA is being asked to apply for grant funding to assist with cleanup of the Site by the new owner, Real Estate Recycling (MBC II, LLC). The grant funds are awarded on a competitive basis from the State Department of Employment and Economic Development, Metropolitan Council and Hennepin County Department of Environmental Services. The grant mechanisms require that the EDA apply for the grant and be accountable for expenditure of the funds but MBC II, LLC would manage and conduct all the cleanup activities through private contractors and consultants. Essentially, the EDA serves as a pass through of grant funds to MBC II, LLC. Available Contamination Clean Up Grants: The resolutions to be considered by the EDA address three contamination cleanup grant programs. The programs are as follows: Department of Employment and Economic Development (DEED Alission. Ensurin, an attractive, clean, safe community that enhances the quality of Life and preserves the public trust COUNCIL ITEM MEMORANDUM The Minnesota Contamination Cleanup Grant Program was established in 1993 to cleanup • contaminated sites and convert contaminated property into a marketable asset. The Department of Employment and Economic Development (DEED) is the administering state agency for the grant program. The DEED grant requires a 25% local match which will be provided by Real Estate Recycling. Metropolitan Council Tax Base Revitalization Account (TBRA) Enacted by the Legislature in 1995, the Metropolitan Livable Communities Act designated the Metropolitan Council as the administrator of the Tax Base Revitalization Program. This program makes grants to cleanup contaminated land for subsequent redevelopment, job retention and job growth in areas that have lost some of their commercial industrial base. No local match is required. Hennepin County Environmental Response Fund (ERF) and Environmental Protection Agem (EPA) Brownfield's Revolving Loan Fund Grants Hennepin County makes environmental cleanup grants available through its Environmental Response Fund (ERF) grant program, which is funded by the collection of mortgage registry and deed tax for deposit into an Environmental Response Fund account. The ERF grants can be used for assessment and or cleanup of contaminated sites located within Hennepin County. In addition to the ERF program, Hennepin County also manages the EPA Brownfield Revolving Loan Fund Grant Program. This is funded by the Federal EPA for the redevelopment of Brownfield's. A Brownfield is defined as real property, the expansion, redevelopment, or reuse of which may be complicated by the presence of potential hazardous substance, pollutant or contaminant. The program was created by the 2002 Federal Brownfield's Law. No local match is required. Site History The Site at 4821 Xerxes Avenue North has been a manufacturer and distributor of custom formulated agricultural fertilizers, insecticides, fungicides, and herbicides since approximately 1940. A retail petroleum station was also located at the Site from approximately 1945 to 1970. The Site was owned for many years by the Howe family and operated under both the name of Howe, Inc. and Howe Chemical Company. Subsequently, in approximately 1983, the facility was purchased by the Con Agra Fertilizer Company now known as United Agra Products ( also known as UAP Distribution, Inc.) The Site operations that came after the Howe ownership ,included distribution of agricultural fertilizers. A major industrial incident occurred at the Site in 1979 when one of the buildings burned down. The building reportedly contained over 80 tons of 100 different types of pesticides and over 120 tons of bag and bulk fertilizers, all of which burned along with equipment, electrical equipment, vehicles, maintenance chemicals, wood, metal, batteries, etc. (stored within the building). The water used to fight the fire (estimated at 500,000 gallons) drained onto the Site, pavements and soil where it pooled as well as ran into site storm water catch basins. ?Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust COUNCIL ITEM MEMORANDUM Site soil and groundwater sampling and analysis subsequent to the fire were performed and elevated concentrations of agricultural chemicals were detected in both the Site soil and ground water. Following the fire, the State of Minnesota assumed control of the investigation and clean up of the Howe site in Brooklyn Center and selected and implemented two cleanup steps, first the removal of contaminated soil, ice and snow to Martin County, Minnesota and second, pumping out contaminated groundwater downgradient from the Howe facility. The second step also involved the State's decision not to further investigate or cleanup any soils on the Howe site itself. Soil excavation was ruled out since it was determined that the pesticides in the soil would eventually infiltrate into groundwater where they could be controlled or removed and because of the amounts present and hydrogeologic conditions, remedial action of the Howe site was not thought to be necessary. Current requirements for investigation and clean up of contaminants on the Site suggest that the initial investigation and cleanup was not adequate. Subsequent to the 1979 fire and initial cleanup, the Site continued in operation as a fertilizer distribution operation. In 1986 the Crop Mate Company which was a Con Agra affiliate acquired the site. All Site operations were discontinued in 2006. In 2008, site and building plan approval was granted by the City to RER for a 50,000 sq. ft. Office Warehouse facility. Over the past few years since 2008, RER Acquisitions, LLC had been working with the Department of Agriculture and Minnesota Pollution Control Agency to establish which State agency had authority to provide oversight relative to the cleanup of The Site. The issue of agency oversight has been resolved and the cleanup of the Howe Chemical Site will be overseen by the Minnesota Pollution Control Agency (MPCA) through its Voluntary Investigation and Clean Up program (VIC) along with the Minnesota Department of Agriculture. Site Clean Up and Proposed Development MB II, LLC acquired the Howe site in April 2010 and has enrolled the property in the MPCA's Voluntary Investigation and Clean Up (VIC) and AGVIC programs in order to proceed with required cleanup and redevelopment of The Site as per MPCA standards spelled out in work plans approved by the MPCA and Department of Agriculture (DOA). Based on MPCA and DOA approved work plans and a Phase I environmental investigation completed by RER, The Site requires over $1.5 million in soil remediation. Additional costs include site investigation and Remedial Action Plan (RAP) development, demolition of vacant buildings, costs of MPCA oversight and capping of the site with hard surface materials. The total cost of remediation/clean up of The Site is projected at $2,407,000. The cleanup of The Site is proposed to be funded by grant programs previously discussed. The dollar amounts requested from the various grant programs are as follows: • $1,242,000 from DEED contamination cleanup grant program. • $200,000 from Metropolitan Council Tax Base Revitalization Account (TBRA) program. • $700,000 from Hennepin County Environmental Response Fund and/or EPA Brownfield's Grant Program. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anti preserves the public trust i COUNCIL ITEM MEMORANDUM • $265,000 from Developer to provide capping of The Site and also to meet the 25 percent • local match funding required by the DEED grant program. The development proposed for the Site by RER will be a 50,000 to 60,000 square foot Office Warehouse building identical in appearance to the buildings constructed by RER directly across Brooklyn Boulevard in Minneapolis. Budget Issues: There are no direct budget impacts to consider since RER MBC II, LLC will provide the local g P � ) p match for the DEED grant and the various grant agencies will provide all funding for contamination cleanup, including demolition of the buildings on the site. Presently the primary budget impact will be staff time necessary to monitor the grants, process payment requests to RER's contractors performing grant related work and to the various funding agencies and maintain the required financial records. With past environmental cleanup grants from DEED, Met Council and Hennepin County, the City paid the contractors doing work as part of the grant funding and then submitted requests for reimbursement to the various funding agencies. Council Goals: Strategic: 1. We will aggressively proceed with implementation of City's redevelopment plans • Mission: Ensuring an attractive, clean, safe community- that enhances the duality of life and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTI ON AUTHORIZING THE C RIZ E E ONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER, MINNESOTA TO APPLY FOR A CONTAMINATION CLEANUP GRANT FROM THE MINNESOTA DEPARTMENT OF EMPLOYMENT AND ECONOMIC DEVELOPMENT WHEREAS, RER Acquisitions, (MBC II, LLC) is the owner of certain real property located at 4821 Xerxes Avenue North in Brooklyn Center, known as the former Howe Chemical Site (the Site); and WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (EDA) believes it is in the best interest of the City of Brooklyn Center to encourage the environmental cleanup and redevelopment of the Site; and WHEREAS, the EDA desires to facilitate the cleanup and redevelopment of the Site by MBC II, LLC; and WHEREAS, the redevelopment of the Site meets the redevelopment objectives of the City's modified redevelopment plan (The "Redevelopment Plan ") for Housing Development and Redevelopment Project No. 1 (The "Redevelopment Project Area ") as adopted on December 19, 1994 by the EDA; and WHEREAS, the EDA has the legal authority to apply for financial assistance, and the institutional, managerial and financial capability to insure adequate project administration. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota as follows: • The EDA approves the contamination cleanup grant application submitted to the Department of Employment and Economic Development on November 1, 2011 by the EDA for the Howe Chemical site. • The EDA is authorized to act as the legal sponsor for Project (s) contained in the Contamination Cleanup Grant Program to be submitted on November 1, 2011 and that the EDA Executive Director is hereby authorized to apply to the Department of Employment and Economic Development for funding of this project on behalf of the EDA. • The EDA has the legal authority to apply for financial assistance and the institutional, managerial and financial capability to insure adequate project administration. • The sources and amounts of the local match identified in the application are committed to the Project identified. • The EDA has not violated any federal, state or local laws pertaining to • fraud, bribery, graft, kickbacks, collusion, conflict of interest or other unlawful corrupt practices. • Upon approval of its application by the State, the EDA may enter into an agreement with the State of Minnesota for the above referenced Project(s) and that the EDA certifies that it will comply with all applicable laws and regulations as stated in all contract agreements. • The EDA Executive Director is hereby authorized to execute such agreements as are necessary to implement the project on behalf of the applicant. October 10, 2011 Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner n t n hereon the following and upon vote being take t P g � g voted in favor thereof. and the following voted against the same: , whereupon said resolution was declared duly passed and adopted. • • • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE SUBMISSION OF A GRANT APPLICATION TO THE METROPOLITAN COUNCIL FOR THE TAX BASE REVITALIZATION ACCOUNT WHEREAS, The City of Brooklyn Center is a participant in the Livable Communities Acts Local Housing Incentives Account Program for 2011 as determined by the Metropolitan Council, and is therefore eligible to make application for funds under the Tax Base Revitalization Account; and WHEREAS, the City, through its Economic Development Authority (EDA) has identified a contamination cleanup project within the City that meets the Tax Base Revitalization Account's purpose and criteria; and WHEREAS, the Economic Development Authority of Brooklyn Center, Minnesota (EDA) has the institutional, managerial and financial capability to insure adequate project and grant administration; and WHEREAS, the EDA certifies that it will comply with all applicable laws and regulations as stated in the contract grant agreements; and WHEREAS, the EDA finds that the required contamination cleanup will not occur through private or other public investment within the reasonable foreseeable future without Tax Base Revitalization Account grant funding; and WHEREAS, the EDA represents that it has undertaken reasonable and good faith efforts to procure funding for the activities for which Livable Communities Act Tax Base Revitalization Account funding is sought but was not able to find or secure from other sources funding that is necessary for clean up completion and states that this representation is based on the following reasons and supporting facts: • No local funds are available to fund the proposed cleanup activities, including General Fund and Special Revenue Funds of the City and /or EDA. • State Department of Agriculture Cleanup Funds are not available for the proposed cleanup activities at the Site. • Proposed cleanup activities at the Site do not qualify for Minnesota Petrofund funding. • Tax Increment Finance funding is not available for cleanup activities at the site. NOW THEREFORE BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota that it acknowledges it will be the grantee and agrees to act as legal sponsor administer and be responsible for grant funds expended for the project contained in the Tax Base Revitalization grant application submitted on November 1, 2011; and BE IT FURTHER RESOLVED that the EDA Executive Director is hereby • authorized to apply to the Metropolitan Council for this funding on behalf of the Economic Development Authority for Brooklyn Center, Minnesota and to execute such agreements as are necessary to implement the Project on behalf of the applicant. October 10, 2011 Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner and upon vote being taken thereon, the following voted in favor thereof and the following voted against the same: whereupon said resolution was declared duly passed and adopted. • • Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION APPROVING AN APPLICATION FOR A HENNEPIN COUNTY ENVIRONMENTAL FINANCIAL GRANT WHEREAS, an application requesting grant funds from the Hennepin County Department of Environmental Services has been prepared for submission by the Economic Development Authority of Brooklyn Center, Minnesota (EDA); and WHEREAS, the grant funds will be used for environmental cleanup of the former Howe Chemical Site located at 4821 Xerxes Avenue North in Brooklyn. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota (EDA) that the EDA supports the Environmental Financial Grant Application submitted to the Hennepin County Department of Environmental Services on November 1, 2011, by the EDA for the former Howe Chemical Site located at 4821 Xerxes Avenue North in Brooklyn Center. October 10, 2011 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. • Rea [ Estate Consideration of Approval of Grant Applications for Contamination Clean-Up E.D.A. Meeting — October l0, 2011 Introduction • Economic Development Authority Consider Approval of Grant Applications for Contamination Cleanup of the Former Howe Chemical Site Located at 4821 Xerxes Avenue North in Brooklyn Center t t IP;a,wi ER's Redevelopment Site T former Howe Fertilizer site RER's Redevelopment Site North Minneapolis _ low a, 7t e' Umcesad vrT kc1115 Cmc+�griC;tp^,,R",Gi;�705 .�*w. SIT-2ATA OPUS, 14 i -i-____4r 14 30 ftm-4! It 10 POW k Ir4NEAP-a BiSKESS ls Site Plan — approved February 25, 20o8 i2 �Y ca TIMI,LIP- AIL si 14' -'�r -•. 'E�'v own t� - y _ ! r ` a. Fvvll Site Clean - Up Costs ❖ Phase I environmental investigation completed by RER ❖ Site requires over $1.5 million in soil remediation. ❖ Additional costs include site investigation and Remedial Action Plan (RAP) development, demolition of vacant buildin s, costs of MPCA oversight and capping of the site with hard surface materials. g ❖ The total cost of remediation/clean up of The Site is projected at $294079000. ❖ The cleanup of The Site is proposed to be funded by grant programs; dollar amounts requested from the various rant programs are as follows: g p g • $1,242,000 - from DEED contamination cleanup grant program. • $200,000 - from Metropolitan Council Tax Base Revitalization Account (TBRA) program. • $700,000 - from Hennepin County Environmental Response Fund and/or EPA Brownfield's Grant Program. tl Recommendation • Resolution Authorizing the Economic Development Authority of Brooklyn Center, Minnesota to Apply for a Contamination Cleanup Grant from the Minnesota Department of Employment and Economic Development. • Resolution Authorizing the Submission of a Grant !i Application to the Metropolitan Council for the Tax Base Revitalization Account. • Resolution Approving an Application for a Hennepin County Environmental Financial Grant. • EDA Agenda Item No. 4c r EDA ITEM MEMORANDUM • DATE: October 5, 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Stabilization Program Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (5455 Brooklyn Boulevard) Recommendation: It is recommended that the Economic Development Authority consider approval /adoption of the Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Stabilization Program Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (5455 Brooklyn Boulevard) Background: On September 26, 2011, the City Council discussed the opportunity to acquire a vacant single family residence at 5455 Brooklyn Boulevard as part of the Reimaging of Brooklyn Boulevard Corridor. The majority consensus of the Council was that the acquisition of 5455 Brooklyn . Boulevard would improve the image of Brooklyn Boulevard; address the goal of the Comprehensive Plan to remove private residences from Brooklyn Boulevard; and offer redevelopment opportunities. The Council directed staff to pursue negotiations for the purchase of 5455 Brooklyn Boulevard. Attached is a copy of the draft minutes of this September 26, 2011 Work Session Item and the staff memorandum. Proposed Acquisition: The property is currently a vacant home that is listed for sale by The Moeller Group, ReMax Results on behalf of William and Donna Zieska. The property is a large corner lot (20,803 sq. ft. in area) located in the Northwest quadrant of the intersection of 55 Avenue and Brooklyn Boulevard. This lot has 145' of frontage on Brooklyn Boulevard (service road) and 150' of frontage on the entrance drive which serves.the Northport Elementary School and Northport Clinic. The rear yard adjoins the parking lot of the Northport Elementary. The property is a highly visible site, given that the 55 Avenue signalized intersection with Brooklyn Boulevard is the only access point along Brooklyn Boulevard for the Twin Lakes and Northport neighborhoods, Northport Elementary School, Northport Clinic and Northport Community Park. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust EDA ITEM MEMORANDUM The property owner has agreed to sell this property to the City/EDA for $98,000 which is a • reduction of $17,000 from the list price of $115,000. The attached purchase agreement has been prepared by the seller and is being reviewed by the City Attorney. 2011 -2012 Brooklyn Boulevard Corridor Study The City of Brooklyn Center is currently undertaking an effort to develop a clear vision for the future of Brooklyn Boulevard that is supported by the transportation agencies with jurisdiction over the roadway, by the business community of City Center and more broadly by the residents and property owners of Brooklyn Center. This study area which extends along Brooklyn Boulevard from I -94/I -694 to just south of TH 100 will specifically focus attention to the intersection of 55 Ave. and Brooklyn Boulevard; to this property and neighboring properties in the vicinity of this intersection; to neighborhood image, to neighborhood access and transportation issues; the on grade crossing of the Twin Lakes Regional Trail; and access to the Northport Elementary School and Northport Clinic. The overall goal of this study is to develop a progressive corridor vision that balances the needs of land use, transportation and livability improvements that can be supported by all stakeholders. The ownership /control of this property will be of significant benefit to the City in achieving this • goal. Tax Increment District 3 Housing Fund The Special Legislation which enabled the creation of Tax Increment District 3, a scattered site redevelopment district in 1995, required that 15% of the annual increment generated by this district be placed in a Housing Development Account to fund housing activities that meet the requirements of a "qualified housing district ". In 2008, the EDA adopted Resolution No. 2008 -05 which modified the Tax Increment District 3 Financing Plan to include the following Budget items to the $5,000,000 Housing Development Account (Affordable Housing). - Acquisition of Single Family and Multi - Family Housing - Rehabilitation of Single and Multi - Family Housing - Environmental Remediation of Single and Multi - family Housing properties and - A contingency line item of $1,000,000 On January 12, 2009, the EDA adopted Resolution No. 2009 -02 "A Resolution Establishing Housing Programs and Approving the Use of Funds from Tax Increment District No.3 Housing Account" which authorized the Remove and Rebuild Program. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust EDA ITEM MEMORANDUM The program was created to remove blighted, distressed and unmarketable properties and to return these properties to an enhanced and compatible use with the neighborhood and consistent with zoning regulations and the City's Comprehensive Plan. Additionally, the program recognized that if an appropriate use for the land is not imminent, the property will be land banked until such time an appropriate use becomes available. It is the opinion of staff that this property is unmarketable as a single family residence, that its location has the potential to have a blighting influence on the overall neighborhood and that the acquisition and demolition costs are eligible activities of the TIF 3 Housing Fund. Budget Issues: The acquisition and the demolition of this property are eligible expenditures and can be funded by the Housing Account from Tax Increment District No. 3. The TIF 3 Housing Fund has approximately $1,050,000 available for new housing initiatives. The Housing Fund is scheduled to receive $250,697 in 2011 and is projected to receive approximately $355,000 a year in 2012 for the duration of the district. Tax Increment District No. 3 is a 25 year Redevelopment District that is scheduled to expire in 2021. Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring an attractive, clean, safe community that enhances the duality of life anti preserves the public trust EDA ITEM MEMORANDUM Additionally, the program recognized that if an appropriate use for the land is not imminent, the property will be land banked until such time an appropriate use becomes available. It is the opinion of staff that this property is unmarketable as a single family residence, that its location has the potential to have a blighting influence on the overall neighborhood, and that the acquisition and demolition costs are eligible activities of the TIF 3 Housing Fund. BUDGET ISSUES: The acquisition and the demolition of this property are eligible expenditures and can be funded by the Housing Account from Tax Increment District No. 3. The TIF 3 Housing Fund has approximately $1,050,000 available for new housing initiatives. The Housing Fund is scheduled to receive $250,697 in 2011 and is projected to receive approximately $355,000 a year in 2012 for the duration of the district. Tax Increment District No. 3 is a 25 year Redevelopment District that is scheduled to expire in 2021. Council Goals: Strategic: 3. We will ,stabilize and improve residential neighborhoods. Ongoing: 5. We will improve the image of the City with citizens and those outside of the City's borders Mission: Ensuring an attractive, clean, safe community that enhances the quality of life anal preserves the public trust LOGISMap Output Page Page 1 of 1 ' 7 V- z L BURQUEST LN - 0. w ID Northport Park , 56TH AVE N � { �l ECKBERG DR 4 0 z r V ? byb Y I /j L U '1 55TH AVEN " 5 5Z't{AV K 54TH AVE N p 7� 53RD PL N B � L—L .(1 L ti z LU m w 53RDAVE N a T a m a w � e w L—J � a G w M % L7I g p I r ,;' 0 4�t o Etzp cayl dwS5A�1S •CCgjrq�i {C}LCGtS4,y53p5 � Location Map 5455 Brooklyn Boulevard Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE ACQUISITION OF PROPERTY TO FACILITATE NEIGHBORHOOD IMPROVEMENTS AND REDEVELOPMENT OPPORTUNITIES WITHIN THE BROOKLYN BOULEVARD CORRIDOR (5455 Brooklyn Boulevard) WHEREAS, on 2008, the EDA adopted Resolution No. 2008 -05 which modified the Tax Increment District 3 Financing Plan to include the following Budget items to the $5,000,000 Housing Development Account (Affordable Housing). - Acquisition of Single Family and Multi - Family Housing, - Rehabilitation of Single and Multi - Family Housing, - Environmental Remediation of Single and Multi - family Housing properties, and - A contingency line item of $1,000,000 WHEREAS, on January 12, 2009, the Economic Development Authority in and for the City of Brooklyn Center, Minnesota (the `EDA ") adopted Resolution No. 2009 -02 establishing housing programs and approving the use of funds from the Tax Increment District • No. 3 housing account; and WHEREAS, pursuant to EDA Resolution 2009 -02, one of the housing programs so established was the EDA's Remove and Rebuild Program (the "Program ") to acquire demolished, blighted, distressed, and unmarketable properties to be returned to uses compatible with the neighborhood; and WHEREAS, the EDA has determined the real property located at 5455 Brooklyn Boulevard Avenue in Brooklyn Center meets the requirements for acquisition under the EDA's Remove and Rebuild Program; and r WHEREAS, real property located at 5455 Brooklyn Boulevard. (the "Subject Property ") is a voluntary sale by the property owner; and WHEREAS, City staff have negotiated a purchase agreement for the purchase by the EDA of the Subject Property in an amount of $98,000; and WHEREAS, the EDA has determined that acquisition of the Subject Property on the terms and conditions set forth in the proposed purchase agreement is consistent with the goals and objectives of the Brooklyn Boulevard Streetscape Amenities Study, the City's Comprehensive Plans, and the Tax Increment District No. 3 Housing Program and is in the best interests of the City of Brooklyn Center and its citizens. NOW, THEREFORE, BE IT RESOLVED by the Economic Development • Authority in and for the City of Brooklyn Center, Minnesota, as follows: 1. The purchase agreement for the Subject Property is hereby approved. 2. The President and Secretary of the EDA are authorized and directed to execute the purchase agreement, and the Executive Director is authorized and directed to take all such further steps as are necessary to effect the terms thereof. Date President The motion for the adoption of the foregoing resolution was duly seconded by commissioner, and upon vote being taken thereon, the following voted in favor thereof: whereupon said resolution was declared duly passed and adopted. o y ZLW RE PURCHASE AGREEMENT ' Mm k ol This term approved hY the M,'.!fa Asaadaden of REALTORS@, Resum i which dsclaims any Pabuity gdd� ota of use or misuse of this farm. 0 201 Minnesota Assodation of REAMRSO, Edlre, MN results.net 1. Date 10/1111 2 . Page 1 of 3. RECEIVED OF Economic D evelo meat A uthori t y in and fo t he ('ity of B rooklyn Cente 4. 5. the sum of Dollars ($ 0.04 } 6. by Q CHECK ❑ CASH 1 NOTE as earnest money to be deposited upon Final Acceptance of Purchase (Cnecn one.t.. ............ .., ... 7. Agreement by all parties, on orbefore the third Business Day after Final Acceptance, in thetrust accountoflfsting 8, broker, unless otherwise agreed to in writing, but to be returned to Buyer If Purchase Agreement Is not accepted 9. by Seller. 10. Said earnest money Is part payment for the purchase of the property located at 11. Street Address: 51 Brooklyn Blvd _ 12. City of Brooklyn Center Hennepin County of - 13. State of Minnesota, legally described as 14. Lot 000 Block 000 AUDITOR'S SUED, NO. 216 THAT PA OF S 2 FT OF N 300 F T OF LOTS 34 AND 35 15. LYING N OFFOL DESC LINE CUM AT A PT 1N W LINE OF LOT 34 DIS 2 FT S FROM NW C _OR 16, THEREOF TH ELY O A CURVE TO 7 RT HAVING A 1tADIUS OP 498 97/100 FT A DIS OF' l?7 17100 riY+ TTT' T'.Y \ Y /'. \T .e.. � TnT \TM. .'."I1 n . Yr1 Iii •nT Tn .'111". n � III I. I.A Yve. ...t\ T 1 T ♦Tr. I\T T /�... 1 � T ATl. � • •'LTT 1r 17. Including all fixtures on the following property, if any, owned by Seller and used and located on said property, 18. including but not limited to garden bulbs, plants, shrubs and trees; storm sash, storm doors, screens and awnings; 19. window shades, blinds, traverse and curtain and drapery rods; attached lighting fixtures and bulbs: plumbing 20. fixtures, water heater, heating plants (with any bumers, non -fuel tanks, stokers and other equipment used In connection • 21. therewith), built -in air - conditioning equipment, electronic air filter, water softener Q OWNED n RENTED [0 NONE, 22. built -In humidifier and dehumidifier, liquid fuel tank(s) ❑ OWNED E' RENTED ® NONE and controls (if the 23. property of Seller), sump pump; attached television antenna, cable TV jacks and wiring; BUiLTINS: dishwashers, 24. garbage disposals, trash compactors, ovens, cook -top stoves, microwave ovens, hood fans, intercoms; 25. ATTACHED: carpeting; mirrors; garage door openers and all controls; smoke detectors; fireplace screens, doors and 26. heatilators; AND the following personal property: 27 28, 29. 30. all of which property Seiler has this day agreed to sell to Buyer for sum of ($ S98 00.00 } 31. Ninety -Eig Thousand Dollars, 32. which Buyer agrees to pay in the following manner: 33. 1. Cash of 100 percent ( %) of the sale price, or more in Buyer's sole discretion, which includes the earnest 34. money; PLUS 35. 2. Financing of percent of the safe price, which will be the total amount secured against this property 36, to fund this purchase. 37. Such financing shall be (check one) ❑ a first mortgage; ❑ a contract for deed; or ❑ a first mortgage with 38. subordinate financing, as described in the attached Addendum: 39. [] Conventional ❑ FHA ❑ ovA Q Assumption [I Contract for Deed Ck0the 40. The date of dosing shall be 10/28 20 11 MN:PA -1 (a/11) or 'Sr.]+^ tr YVE6fa7rrs'�Sepr2t?t 1 Rl/ URCHAgIE AGREEMENT resuIts.net 41. Paget Date 1 0/1111 42. Property located at 5455 Brooklyn Blvd Brooklyn Center 55429 43. This Purchase Agreement ❑ iS 10 IS NOT subject to a Contingency Addendum for sate of BU ...• (Check.} yer's property 44. (if answer is iS, see attached Addendum.) 45. (if answer is IS NOT, the closing of Buyer's property, if any, may still affect Buyers ability to obtaln financing, 9 financing 46. is applicable.) 47. This Purchase Agreement . 0 iS [A IS NOT subject to cancellation of a previously written purchase agreement 48. dated .20 49. (it answer Is IS, said cancellation shall be obtained na later than .20 if 50. said cancellation is not obtained by said date, this Purchase Agreement is canceled* Buyer and Satter shat[ immediately 51. sign a Cancellation of Purchase Agreement confirming said cancellation and directing all earnest money paid 52. hereunder to be refunded to Buyer.) 53. Buyer has been made aware of the availability of property inspections. Buyer [] Elects [� Declines to have a 54. property Inspection performed at Buyer's expense. • -" - -- "'(Check one.} - _ 55. This Purchase Agreement C] IS ©IS NOT subject to an Inspection Contingency Addendum. . .._.(cheek ma k.._.,.. 56. if answer is IS See attached ( tta hed Add endum. ) 57. DEEDIMARKETABLETITLE: Upon performance by Buyer, Seller shall deliver a 58. [0 Warranty Deed or ❑ Other. Deed joined in by spouse, If any, conveying _.(Chock 59. marketable title, subject to 60. (a) building and zoning laws, ordinances, and state and federal regulations; 0 61. (b) restrictions relating to use or Improvement of the property without effective forfeiture pmvlsions; 62. (c) reservation of any mineral rights by the State of Minnesota; 63. (d) utility and drainage easements which do not interfere with existing improvements; 64. (e) rights of tenants as follows (unless specified, not subject to tenancies): 65 and 66. (f) others (must be specified in writing): 67. 68. Seller shall pay on the date of closing all real estate taxes due and payable In all prior years including all penalties and 69. interest. 70. ❑ BUYER SHALL PAY [Z SELLER SHALL PAY on date of closing any deferred real estate taxes (e.g., Green 71. Acres) or special assessments, payment of which is required as a result of the closing of this sale. 72. ❑ BUYER AND SELLER SHALL PRORATE AS OF THE DATE OF CLOSING ® SELLER SHALL PAY ON 73. DATE OF CLOSING all Installments of special assessments certified for payment, with the real estate taxes due and 74. payable In the year of closing. 75. ❑ BUYER SHALL ASSUME k7 SELLER SHALL PAY on date of closing all other special assessments levied as ..,....,--.-<..-. ..a..- _--- ^°. »....<..«..,�.,.., pre.).... ...,.., ... .. >......�- ....... 76. of the date of this Purchase Agreement, 77. ❑ BUYER SHALL ASSUME ® SELLER SHALL PROVIDE FOR PAYMENT OF special assessments pending as _..�,,_...<�..��,..,.��. __ _ .. ... (Checkers}---- -- --- - - - -•- •--- _.___._.__�.,,,�,.,�,. 78. of the date of this Purchase Agreement for Improvements that have been ordered by any assessing authorities. (Seller's 79. provision for payment shall be by payment into escrow of two (2) times the estimated amount of the assessments or 80. less, as required by Buyer's lender.) �MM:pa•z tent) wEaFo►.»e *ysoplloyl PURCHASE AGREEMENT results.net 81. Page 3 Date loll /11 82. Property located at 5455 Brooklyn Blvd BrookIn Center 35429 83. . Buyer shall pay any unpaid special asses sments 1 payable In the year foliowlrlg closing and thereafter, the payment of 84. which is not otherwise herein provided. 85. As of the date of this Purchase Agreement, Seller represents that Seller El HAS [Z HAS NOT received a notice regarding any new improvement project from any assessing authorities, the . (Check an& --^ costs of which project may be assessed 87. against the property. Any such notice received by Seller after the date of this Purchase Agreement and before dosing 88. shall be provided to h3uyer immediately. if such notice Is issued after the date of this Purchase Agreement and on 89. or before the date of closing, then the parties may agree in writing, on or before the date of closing, to pay, provide 90. for the payment of or assume the special assessments. In the absence of such agreement, either party may declare 91. this Purchase Agreement canceled by written notice to the other party, or licensee representing or assisting the other 92. party, in which case this Purchase Agreement is canceled. If either party declares this Purchase Agreement canceled, 93. Buyer and Setter shall immediately sign a Cancellation of Purchase Agreement confirming said cancellation and 94. directing all earnest money paid hereunder to be refunded to Buyer. 95. Buyer shall pay ® PRORATED FROM DAY OF CLOSING 12tha OF Q A t 96. and payable In the year 20 11 97. Seller shall pay ® PRORATEDTO DAY OF CLOSING ❑ 12ths OF M ALL _.........n.,._•., . „.. »,,.,.�,��.,......,.,,,. � >� ohe) ••...,,,. .�..�� «.�... .,.��u.... NO real estate taxes due and 98. payable in the year 20 11 If the closing date is changed, the real estate taxes a' p td shag, if prorated, be adjusted 99. to the new dosing date. Seller warrants taxes due and payable in the year 20 shall be p FULL -0 PART-E] NON - 100. homestead classification °- - -- {C.heck one }• 1011. If part- or non - homestead classification is checked, Seller agrees to pay Buyer at closing $ 0 .00 102. toward the non - homestead real estate taxes. Buyer agrees to pay any remaining balance of non - homestead taxes 103. when they become due and payable. Buyer shall pay real estate taxes due and payable in the year following dosing 104. and thereafter, the payment of which Is not otherwise herein provided. No representations are made concerning the 105. amount of subsequent real estate taxes. 106. POSSESSION: Seller shall deliver possession of the property no later than immediately after dosing. 1107. Seller agrees to remove ALL DEBRIS AND ALL PERSONAL PROPERTY NOT INCLUDED HEREIN from the property 108. by possession date. 109. PRORA71ONS: All interest; unit owners' association dues; rents; and charges for city water, city sewer, electricity and 110. natural gas shall be prorated between the parties as of dale of closing. Buyer shall pay Seger for remaining gallons of Ill. fuel oil or liquid petroleum gas on the day of closing, at the rate of the last fill by Seller. 112. TITLE AND EXAMINATION: As quickly as reasonably possible after Final Acceptance of this Purchase Agreement: 113. (a) Seller shall surrender any abstract of title and a copy of any owner's title Insurance policy for the property, If 114. in Seller's possession or control, tc Buyer or Buyer's designated title service provider, and 715. (b) Buyer shag obtain the title services determined necessary or desirable by Buyer or Buyer's lender, including 116. but not limited to title searches, title examinations, abstracting, a title Insurance commitment or an attorney's 117. this opinion at Buyer's selection and cost and provide a copy to Seller. 118. Seller shall use Seller's best efforts to provide marketable title by the date of dosing. Seger agrees to pay all costs 119. and fees necessary to convey marketable title Including obtaining and recording ag required documents, subject to the 120. following: 1211. in the event Seller has not provided marketable title by the date of dosing, Seiler shalt have an addloonai 30 days to 122. make title marketable, or In the alternative, Buyer may waive title defects by written notice to Seller. In addition to 123. the 30-day extension, Buyer and Setter may, by mutual agreement, further extend the closing date. lacking such 124. extension, either party Ina Y declare this Purchase rchase A g re ement canceled by written notice to the other a or 125. licensee representing or assisting the other p dy, ent 126. party declares this Purchase Agreement canceled, Buy an d e Seller P sshall irnmed ai iy sign a Car cancel f ellaticn o 127. Purchase Agreement confirming said cancellation and directing all earnest money paid hereunder to be refunded 128. to Buyer. . MNAA•3 (8111) 4V1:BFirma"' Sdp12019 KVM 'k' • MesU PURCHASE AGREEMENT resulis.net 129. Page4 Date 1 0 /1111 130. Property located at 54 55 Brook! n Blvd Brook! n Center 55429 131. SUBDIVISION OF LAND: If this sale constitutes or requires a subdivision of land owned by Seller, Selhall pa 132. all subdivision expenses and obtain all necessary governmental approvals. Seller warrants that the legal 133. of the real propertyto be conveyed has been or shall be approved for recording as of the date of closing. Selerwarrents 134. that the buildings are or shall be constructed entirely within the boundary lines of the property. Seller warrants that 135. there is a right of access to the property from a public right -of -way. These warranties shall survive the delivery of the 136, deed or contract for deed. 137. MECHANIC'S LIENS: Seiler warrants that prior to the closing, payment in full will have been made for all labor, materials, 138. machinery, fixtures or tools furnished within the 120 days immediately preceding the closing in connection with 139. construction, alteration or repair of any structure on, or improvement to, the property. 140. NOTICES: Seller warrants that Seller has not received any notice from any governmental authority as to condemnation 141. proceedings, or violation of any law, ordinance or regulation. If the properly is subject to restrictive covenants, Seller 142. warrants that Seller has not received any notice from any person or authority as to a breach of the covenants. Any 143. such notices received by Seller shall be provided to Buyer Immediately. 144. DIMENSIONS: Buyer acknowledges any dimensions, square footage or acreage of land or Improvements provided 145. by Seiler or broker may be approximate. Some information may have been provided by third parties and information 146. may be reliable but not guaranteed. Buyer shall verify the accuracy of Information to Buyer's satisfaction, If material, 147. at Buyers sole cost and expense. 146. ACCESS: Seller agrees to allow reasonable access to the property for performance of any surveys or Inspections 149. agreed to herein. 150. RISK OF LOSS: If there is any loss or damage to the property between the date hereof and the date of closing for any 151. reason, including fire, vandalism, flood, earthquake or act of God, the risk of loss shall be on Seller. if the property 152. is destroyed or substantially damaged before the closing date, this Purchase Agreement is canceled, at Buyer's option, 153. by written notice to Seller or licensee representing or assisting Seiler. H Buyer cancels this Purchase Agrement, 154. Buyer and Seller shall immediately sign a Caruellat/on of Purchase Agreement confirming said e cancellation and 155. directing all earnest money paid hereunder to be refunded to Buyer. 156. TIME OF ESSENCE: Time is of the essence In this Purchase Agreement. 157. ENTIRE AGREEMENT: This Purchase Agreement, meat a attached ttach d 158. by the parties shall constitute the entire agreement between Seller and Buyer and supersedes any written or 159. oral agreements between Seller and Buyer. This Purchase Agreement can be modified or canceled only in writing 160. signed by Seller and Buyer or by operation of law The parties agree the electronic signature of any party on any document 161. related to this transaction constitute valid, binding signatures. All monetary sums are deemed to be United States 162. currency for purposes of this Purchase Agreement. Buyer or Seiler may be required to pay certain closing costs, which 163. may effectively increase the cash outlay at dosing or reduce the proceeds from the sale. 164. FINAL ACCEPTANCE: To be binding, this Purchase Agreement must be fully executed by both parties and a copy 165. must be delivered. 166. CALCULATION OF DAYS: Any calculation of days begins on the first day (calendar or Business Days as speciffed) 167. following the occurrence of the event specified and Includes subsequent days ays (calendar or Business D 168. ending at 11:59 P.M. on the last day. Days as specified) 159. BUSINESS DAYS: "Business Days" are days which are not Saturdays, Sundays or state or federal holidays unless 170. stated elsewhere by the parties in writing. 171. DEFAULT: if Buyer defaults In any of the agreements hereunder, Seiler may terminate this Purchase Agreement 172. under the provislons of MN Statute 559.21. If either Buyer or Seller defaults in any of the agreements hereunder or 173. there exists an unfulfilled condition after the date specified for fulfillment, either party may cancel this Purchase 174. Agreement under MN Statute 559.217, Subd. 3. Whenever it is provided herein that This Purchase Agreement Is 175. canceled, said language shall be deemed a provision authorizing a Declaratory Cancellation under MN Statute 559.217, 176. Subd. 4. 177. If this Purchase Agreement is not canceled or terminated as provided hereunder, Buyer or Seiler may seek actual 78. damages for breach of this Purchase Agreement or specific performance of this Purchase Agreement: and, as to 79. specific performance, such action must be commenced within six (6) months after such right of action arises. MN:PA -4 (8/11) WEBFarmn- S"Mal7 PURCHASE AGREEMENT . resulls.net 180. Page Date 'b /111j 181. Property located at 5455 Brooklyn Blvd Brooklyn Center 55429 182. NOTICE REGARDING PREDATORY OFFENDER INFORMATION: Information. reg 183. registry and persons registered with the predatory offender registry under MN the predatory offender 184. by contacting the local law enforcement offlces in the community where the pro Statute 243.1 fib may be obtained 185. Department of Corrections at (651) 361 -7200, or from the Department�of 186. www.corrstate.mn.us. Corrections b w snte 187. H OME PROTECTioN/WARRANTY PLAN: Buyer and Seller are advised to investigate the various home protection/ 188. warranty plans available for purchase. Dwerent home protection/warranty plans have different coverage options, 189. exclusions, limitations and service fees. Most plans exclude pre - existing conditions. (ChB one.) 190. ❑ A Home ProtectloniWarranty Plan will be obtained and paid by08UYER ❑ SELLER to be issued by 191. at a cost not to exceed $ _ 192• There will be no Home Protection/Warranty Plan as part of this Agreement. 193. ENVIRONMENTAL CONCERNS:To the best of Seller's knowledge, there are no hazardous substances orunderground 194. storage tanks except herein noted: 195. 196. 197. 198. 199. 200. (Check appropriate boxes.) 201. SELLER WARRANTS THAT THE PROPERTY IS EITHER DIRECTLY OR INDIRECTLY CONNECTED TO: 202. CITY SEWER f jkYES ❑ NO / CITY WATER PHS ❑ NO 203. SUBSURFACE SEWAGE TREATMENT S nEM 204. SELLER C ER71FIES THAT SELLER [] DOES t ,DOES NOT KNOW OF A SUBSURFACE SEWAGE TREATMENT " •iCh_Cko'W - - 205. SYSTEM ON OR SERVING THE PROPERTY. (If answer is DOES, and the system does not require a stale permit, 206. see Subsurface Sewage Treatment System Dksclosura Statement.) 207. PRIVATE WELL 208. SELLER CERTIFIES THAT SELLER [ DOES ID DOES NOT KNOW OF A WELL ON OR SERVING THE (Check., 209. PROPERTY. (If answer is DOES and well Is located on the property, see Well DIsdosure Statement) 210. TH IS P U RCHASE AGREEM ENT ISV jIS NOT SUBJECT TOA SUBSURFACE SEWAGE TREATMENTSYSTEM --- ..(Check cam. 211. AND WELL INSPECTION CONTINGENCYADDENDUM. (If answer Is IS, see attached Addendum.) 212. IF A WELL OR SUBSURFACE SEWAGE TREATMENT SYSTEM EXISTS ON THE PROPERTY, BUYER HAS 213, RECEIVED A WELL DISCLOSURE STATEMENT AND/OR A SUBSURFACE SEWAGE TREATMENT SYSTEM 214. DISCLOSURE STATEMENT. MN:AA -5 (8/11) dtslEl4�3r'trsdT" 999 R 1/ 0 1 ® SE AGREEMENT res PURCHA net 215. gage 6 Date 1 011111 216. Property located at 5455 Brooklyn Bl vd _ B rooklyn Center 55429 217. SELLER WARRANTS THAT CENTRAL AIR- CONDITIONING, HEATING, PLUMBING AND WIRING SYSTEMS USED 218. AND LOCATED ON SAID PROPERTY .SHALL BE IN WORKING ORDER ON DATE OF CLOSING, EXCEPT AS 219_ NOTED IN THIS PURCHASE AGREEMENT. 220. BUYER HAS THE RIGHT TO A WALK - THROUGH REVIEW OF THE PROPERTY PRIOR TO CLOSING TO 221. ESTABLISH THAT THE PROPERTY IS IN SUBSTANTIALLY THE SAME CONDITION AS OF THE PATE OF 222. THIS PURCHASE AGREEMENT. 223. BUYER QJ HAS ❑ HAS NOT RECEIVED A SELLER'S PROPERTY DISCLOSURE STATEMENT OR A 224. SELLER'S DISCLOSURE ALTERNATIVES FORM. 225. BUYER HAS RECEIVED THE INSPECTION REPORTS, IF REQUIRED BY MUNICIPALITY. 226. SELLER AGREES TO NOTIFY BUYER IMMEDIATELY IN WRITING OF ANY SUBSTANTIVE CHANGES FROM 227. ANY PRIOR REPRESENTATIONS REGARDING AA NG THE PROPERTY. 226. BUYER ACKNOWLEDGES THAT NO ORAL REPRESENTATIONS HAVE BEEN MADE REGARDING POSSIBLE 229. PROBLEMS OF WATER IN BASEMENT OR DAMAGE CAUSED BY WATER ICE OR ICE BUILDUP ON ROOF OF 230. THE PROPERTY. 231. NOTICE 232 " (/t (� i ❑ Sell Age nt[:] Buyer's Agent 0 Dual Agento Facilitator. (licensee) _.......lC+:ech one. } ° - ...._._...,..... --- .. . _.,..,..�......_.. 233. RE/MAX Results (Real EstUs ca mpany Name) 234. Ni'ki Moeller is Seller A gent Bu Agent 9 ❑ uy g ❑Dual Agent[] Facitifalor. (Check one:) ...... ... ........... . _........ ........ .,.m..m 235 RE/MAX Results (Real Eetale campwW Name) 236. THIS NOTICE DOES = SATISFY MINNESOTA STATUTORY AGENCY DISCLOSURE REQUIREMENTS. 237 DUAL. AGENCY REPRESENTATION 238. PLEASE CHECK ZY&OFTHE FOLLOWING SELECTIONS: 239. Q Dual Agency representation DOES NOT apply in this transaction. Do not complete 11nes 240 -256 240. ® Dual Agency representation DOES apply in this transaction. Complete the disclosure In fines 241 -256 241. Broker represents both the Seller(s) and the Buyer(s) of the property Involved in this transaction, which creates a 242. dual agency.This means that Broker and Its salespersons owe flduclary duties to both Seller(s) and Buyer(s). Because 243. the parties may have conflicting interests, Broker and its salespersons are prohibited from advocating exclusively for 244. either party. Broker cannot act as a dual agent In this transaction without the consent of both Seller(s) and Buyer(s). 245. Seller(s) and Buyer(s) acknowledge that 246. (1) confidential Information communicated to Broker which regards price, terms, or motivation to buy or sell W411 247. remain confidential unless Seller(s) or Buyer(s) instructs Broker in writing to disclose this Information. Other 248. Information will be shared; 249. (2) Broker and its salespersons will not represent the interest of either party to the detriment of the other; and 250. (3) within the limits of dual agency, Broker and Its salespersons will work diligently to facilitate the mechanics of 251. the sale. 252. With the knowledge and understanding of the explanation above, Seller(s) and Buyer(s) authorize and instruct Broker 253. an ,\ salesperson to et as dual agents In this transaction. 254. Seller w Buyer 255. Seiler Buyer 56. Date Date MWA.e (ell i ) 1A+EBFarmaTMSepl101 MEMORANDUM - COUNCIL WORK SESSION • DATE: September 20 2011 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business and Development SUBJECT: Opportunity to acquire 5455 Brooklyn Boulevard as part of the reimaging' of Brooklyn Boulevard Corridor. Recommendation: It is recommended that the : City Council consider providing direction to staff regarding the potential acquisition of 5455 Brooklyn Boulevard as part of the reimaging of the Brooklyn Boulevard Corridor and the entrance to the Northport Elementary School. Background: . 5455 Brooklyn Boulevard is a large corner lot (20,803 sq.ft. in area) located in the Northwest quadrant of the intersection of 55 Avenue and Brooklyn Boulevard. This lot has 145' of frontage on Brooklyn Boulevard (service road) and 150' of frontage on the entrance drive which serves the Northport Elementary School and Northport Clinic. The rear yard adjoins the parking., lot of the Northport Elementary. • The property is a highly visible site, given that the 55 Ave. signalized intersection with Brooklyn Boulevard is the only access point along Brooklyn Boulevard for the Twin Lakes and Northport neighborhoods Northport Elementary School, Northport Clinic, and Northport Community Park. City Staff has had discussions with the School District regarding potential site improvements to the Northport Elementary School as part of their major building renovations that could include an expansion of their parking lot, improvements for student drop off and pick up by parents, improvements for bus loading and unloading, and other improvements that would complement the school and city park. Additionally, staff has had discussions on the potential expansionfreconstruction of the Northport Clinic. The adjoining property at 5459 Brooklyn Boulevard was a foreclosed and vacant property acquired by GMHC for $80,000 through the First Look Program and is pending consideration of either being acquired by the City under the Remove and Rebuild program or as a potential rehab project for resale to an owner occupant. Proposed Acquisition: , The property is currently a vacant home that is listed for sale by The Moeller Group, ReMax Results on behalf of William and Donna Zieska. The MLS .list price is $115,000. Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust MEMORANDUM - COUNCIL WORK SESSION Staff understands that a prior home inspection has identified that the furnace and water heater p • will need to be replaced and that a reduced offer that reflects these replacements is expected The City's records indicate that the property was part of the 2002 Street and Storm Sewer Improvements and after the 2011 tax payments will have a remaining balance of $319.00. The home was constructed in 1942 and has an assessed value of $149,600 for taxes payable in 2011. There have been no sales transactions identified over the last 20 +.years. . Policy Issues: Does the City Council feel that the acquisition and removal of the single family residence at 5455 Brooklyn Boulevard will have a positive effect on improving the image of Brooklyn Boulevard, the Northport Neighborhood, and the Northport Elementary School? Does the City Council feel that it is in the public interest to direct staff to pursue negotiations for the acquisition of 5455 Brooklyn Boulevard with the use available TIF 3 Housing Funds? Council Goals: Strategic: 3. We will stabilize and improve residential neighborhoods Ongoing: S 5. We will improve the image of the City with citizens and those out of the City's • borders • i Mission: Ensuring an attractive, clean, safe community that enhances the quality of life and preserves the public trust � �r►�'� 11111 � ► � ■ � � `.. � r I fI� s MMINIM Off IM oil Bill WIN Kill UNA fill I II1 IS �► �► 1 1 a 1` 1 ' , • — 11 — 1 1� 1. 1 1 1': 1 1 • i 1 u t � 770 1. e � s i �` s� 4 X janj it 4 { ; wz 1 .4 cc 5 t V � f s 'f ✓ �— r ;� -t, AG ?7h- • D?IW I MEL i 'I I I I r /.�' it •✓ l' f f C! . •� err I Q . \\\ sc to _ _ C,•,i : - r _ --------- SITE MASTM PLANNING (� EXISTING CONDITIONS (FOLLOWING PHASE I CONSTRUCTION) _ •NORTHPORT ELEMENTARY SCHOOL INSPEC Helm ROBBINSDALE AREA SCHOOLS BROOKLYN CENTER, MINNESOTA PRU tm DAM eaa+e l . MINUTES OF THE PROCEEDINGS OF THE CITY COUNCIL OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA STUDY SESSION SEPTEMBER 26, 2011 CITY HALL — COUNCIL CHAMBERS CALL TO ORDER The Brooklyn Center City Council met in Study Session called to order by Mayor Tim Willson at 6:00 p.m. ROLL CALL Mayor Tim Willson and Councilmembers Carol Kleven, Kay Lasman, and Dan Ryan. Also present were City Manager Curt Boganey, EDA/HRA Specialist Tom Bublitz, Director of Community Activities, Recreation and Services Jim Glasoe, Planning and Zoning Specialist Tim Benetti, Assistant City Manager /Director of Building and Community Standards Vickie Schleuning, and Carla Wirth, Timesaver Off Site Secretarial, Inc. E -MAIL RESPONSE REGARDING MEETING ITEMS Mayor Willson noted that during the weekend prior to the Monday Council meeting, there are oftentimes e -mails from staff that provide answers to Member's questions. He asked if the Council would like staff to provide copies of those e -mails for Council review. It was the majority consensus of the City Council to request staff to provide copies of those communications. REAR YARD SHEDS Councilmember Kleven referenced information from staff indicating some backyard sheds do not require a permit so some may be erected in residents' yards without the City's notice. City Manager Curt Boganey explained a permit is not required as long as the shed does not exceed Code restrictions. CITY COUNCIL DISCUSSION OF AGENDA ITEMS AND QUESTIONS Councilmember Lasman requested discussion on Item 6d, Resolution Authorizing Funding for Centennial Park Ball Field Improvements, specifically related to the required balance of undesignated funds. Mr. Boganey explained it is 50% of the general fund budget, or in the range of $8 million. 09/26/11 -1- DRAFT Councilmember Lasman requested discussion on Item 8a, Continued Special Assessments for Administrative Fines /Citation Costs for two properties: 5655 Brooklyn Boulevard and 2318 55 • Avenue North. She asked how the City can be guaranteed payment through certification to the County unless the owner of the property receives the citation. Assistant City Manager/Director of Building and Community Standards Vickie Schleuning explained that in this case the Code specifically states the notice goes to-the tenant so collection could occur through a civil court action or collection agency. If the citation is dismissed, the amount would be removed from the assessment levy list and since the violation was corrected no other action is required at this point. Ms. Schleuning further explained that the property owner had appealed this citation at the September 12, 2011, Public Hearing so staff was directed to review the case history. It was noticed that the citation was issued to the wrong party (to the owner) so it is recommended this citation be dismissed. She indicated this is a unique case, but staff will be addressing this Code violation over the winter months and g resentin a recommendation for Council consideration. p The Council discussed the snow removal violation that resulted in this citation and an ordinance amendment, if needed, to assure the City receives payment. Mr. Boganey advised that the City's ordinance governs what the City can do and it is not bound by the lease agreement between the tenant and owner. The ordinance would prevail in terms of the City's ability to enforce. Mr. Boganey noted staff is simply applying the ordinance as it is written and the Council can amend the ordinance if it wants the property owner cited or both parties cited. It was the majority consensus of the City Council to direct staff to review the ordinance and research options for the Council to consider and discuss at a Work Session. MISCELLANEOUS Councilmember Kleven reported on the concern of resident Roger Kloster that while the Random Acts of Kindness recognition is a wonderful idea it may need new guidelines, definitions, and clarifications. She read the guidelines posted on the City's website and explained that Mr. Kloster felt the acts described are undertaken as a daily part of our lives. Councilmember Kleven stated she supported this recognition program and asked if the Council would be interested in revising its goals and, perhaps, refining the guidelines for nomination. Following discussion, it was the majority consensus of the City Council to support the Random Acts of Kindness but the definition and guidelines recognition lines for nomination could be refined so g the recognition is more meaningful. Staff was directed to place this topic on a future Work Session agenda. 09/26/11 -2- DRAFT • Mr. Boganey reported that Mr. Bublitz has decided to retire after more than 25 years of service. EDA/HRA Specialist Tom Bublitz stated he will be retiring next Tuesday and has appreciated the opportunity to serve the residents of Brooklyn Center. The Council congratulated Mr. Bublitz on his upcoming retirement and thanked him for his service to Brooklyn Center. DISCUSSION OF WORK SESSION AGENDA ITEMS AS TIME PERMITS OPPORTUNITY TO ACQUIRE 5455 BROOKLYN BOULEVARD AS PART OF THE REIMAGING OF BROOKLYN BOULEVARD CORRIDOR Mr. Bublitz introduced the item, noting the property is located in the northwest quadrant of the 55 Avenue and Brooklyn Boulevard intersection. This corner lot is 20,803 square feet with 145 feet of frontage on Brooklyn Boulevard and 150 feet of frontage on the Northport Elementary School entrance drive. Mr. Bublitz displayed aerial photographs of the subject site and asked the Council if it believed the acquisition and removal of this single - family residence would have a positive effect on the reimaging of Brooklyn Boulevard. It was noted the property is not foreclosed but vacant and marketed for sale. The City Council discussed options for redevelopment and recognized the potential for use of this property in the reconfiguration of the Northport Elementary School entrance and parking lot • or to accommodate expansion of the North Memorial Clinic. Councilmember Lasman noted the list price is $115,000 yet neighboring property had sold at a much lower price. Mr. Bublitz stated if approved, staff would negotiate sale to the City's advantage. The City Council discussed its support for the purchase of 5455 Brooklyn Boulevard because it will improve the image of Brooklyn Boulevard, address the goal of the Comprehensive Plan to remove private residences from Brooklyn Boulevard, and offer redevelopment opportunities. It was the majority consensus of the City Council to direct staff to pursue negotiations for the purchase of 5455 Brooklyn Boulevard. ADJOURNMENT Mayor Willson adjourned the Study Session at 6:35 p.m. 09/26/11 -3- DRAFT Acquisition of 5455 Brook [yn Boutevard City Council EDA - October 10, 2011 Item No. 5 �s 5455 Brooklyn Boulevard • Generally located at the northwest quadrant of 55th Avenue & Brooklyn Blvd. intersection • Large corner lot — 20,803 sq. ft. • 145-ft. of frontage on Brooklyn Boulevard • 150-ft. of frontage on the Northport Elementary School entrance drive O L c 6 nor � i � C'..' �ty i� i yINCF NT AVF N 4rI , 5 A. �o 3 XERKES AVE N Z_ f c5 [1y�%3 Ep Tl Ty 4 DREWAVE N TI OREYfwytN _ 4 alit I l� e �{ 1 I I I!I ? ❑ EWINC AVE IN -N Al lvamDY n FRANCE AVE N z _P c' o' w L3AYNt31UV3afl' n - T"; IN 3IANA AVE N� `�~ I f 1 4• 3HCRE3 DR z /l q Lt'UWln IW M / F8 f;LAKE.W RV E L'4_ { f t ED ED pO�Ya ELVD 5 - NORTHPORf 6R � 5 V _ r Z p Fw qq� FTFTT-\ W ----------- p a T . l .ate j ♦ iy�° T � a � r r� Y 1111 1 � r � � t Y V i Ft j`S �i1�IMl�I�Ib ' s y r •w r , i , '� .,,;� S.L. •� t a r i i ar Rims i 3 r� ' r:r 7 :r rt � S ` JA •� I - r 41 IL , �4g ,..,..i" �ti>��t� d.: � . s,: � .., �r. �.r'.T J J�.. i�N•Jt �'� '+S ��a'. A ,L. Rear looking /o parking 5 } / C — - --- t Ir s y' e \`� G :rn 4 W'�c •1 '�' / �l�t.y+1y `• 1 f ' ONE- ^� a� C .•. hii his SITE MASTER PLANNING F.XISTING CONDITIONS !FOLLOWING* PWASE I CON TRUGTIOVi NORTHPORT ELEMENTARY SCHOOL ROBBINSDALE AREA SCHOOLS IMSrec BROOKLYN CENTER,MINNESOTA I tiny eareen <<f r� c ' u _ i J•.n,� w w t n �vF p w : n r � I is a tot 3 Ed; .. ,fin IIF ., • �� +� T,+ 1 I Y 1 .4 �F •j.+y-�F',L�,h'1, #, �. 4 'FM� R -� �t , '. ;�.s; � p �t• ;,y�. �'-4 '?1�. _�f• � � '�:^err ..� ••- � l Y.riri�r. Ar- WE a INV Looking east — towards Brooklyn Blvd. and 55 IhAve. intersection a � �t. '41W 01 i. ir—. e 7 40 k" a } k r - ;,17ATC x JLF ,4 r y P ; r a t- • r r C r y w I �• J Aw, Rim _,=Colix 110 s -`w: ■ -may,, ..+.r,,,.�,£;,,,a•w .,,,,�, ,«. �fi. s t_ `•�.. "Z,r..,.i�'k� '° � m .. � „y r,.*�-� air- t c a. Recommendation • Adopt a Resolution authorizing the acquisition of property to facilitate neighborhood stabilization improvement and redevelopment opportunities within the Brooklyn Boulevard Corridor • Purchase Agreement amount of $98,000