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HomeMy WebLinkAbout2014 07-28 EDAPEDA MEETING City of Brooklyn Center July 28, 2014 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. July 14, 2014— Regular Session b.Resolution Authorizing the Execution of an Encroachment License Agreement for the Northport Elementary School Storm Water Treatment Facility Between the Economic Development Authority of Brooklyn Center and Northport Elementary School, Hennepin County, Minnesota 4. Commission Consideration Items a. Resolution Authorizing the Execution of Agreement with the Metropolitan Council for the 2014 State Fair Park & Ride and Overflow Parking Locations at Brookdale Square and Former Brookdale Ford Requested Commission Action: —Motion to adopt resolution. 5. Adjournment EDA Agefillic em 36 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 JULY 14, 2014 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 8:15 p.m. 2.ROLL CALL President Tim Willson and Commissioners Carol Kleven, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were Executive Director Curt Boganey, Public Works Director/City Engineer Steve Lillehaug, Director of Business and Development Gary Eitel, City Attorney Charlie LeFevere, and Mary Mullen, TimeSaver Off Site Secretarial, Inc. 3.APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Myszkowski seconded approval of the Agenda and Consent Agenda, and the following item was approved: 3a. APPROVAL OF MINUTES 1. June 9, 2014 — Regular Session Motion passed unanimously. 4.COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 201442 CALLING FOR A PUBLIC HEARING REGARDING THE SALE OF LAND (5919 XERXES AVENUE N) Director of Business and Development Gary Eitel introduced the item, discussed the history, and stated the purpose of the proposed resolution. He stated the EDA is required to hold a public hearing, which is set for August 11, 2014. Commissioner Lawrence-Anderson requested clarification regarding the amount of the purchase agreement for the property. Mr. Eitel stated the purchase offer reflects approximately $8,000 that was spent by the contractor to make the site buildable. 07/14/14 -1- DRAFT Commissioner Ryan moved and Commissioner Kleven seconded to adopt RESOLUTION NO. 2014-12 calling for a Public Hearing Regarding the Sale of Land (5919 Xerxes Avenue North) Motion passed unanimously. President Willson requested that City staff review the condition of a home located at the intersection of 53 rd Avenue North and Colfax Avenue North. He added the neighbors in this area have expressed concern regarding the home. Mr. Boganey agreed to have City staff look into this property. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Myszkowski seconded adjournment of the Economic Development Authority meeting at 8:30 p.m. Motion passed unanimously. 07/14/14 -2- DRAFT EDA Agenda Item No. 3b EDA ITEM MENfORANDUIV DATE: July 22, 2014 TO: Curt Boganey, City Manager FROM: Steve Lillehaug, Director of Public Works/City Engineer SUBJECT: Resolution Authorizing the Execution of an Encroachment License Agreement for the Northport Elementary School Storm Water Treatment Facility between the Economic Development Authority of Brooklyn Center and Northport Elementary School, Hennepin County, Minnesota Recommendation: It is recommended that the Economic Development Authority consider approval of the resolution authorizing the execution of an Encroachment License Agreement for the Northport Elementary School storm water treatment facility between the City of Brooklyn Center and Northport Elementary School. Background: On June 25, 2014, Northport Elementary School applied for a Land Alteration permit to make improvements to their school. In order to meet the requirements of the Shingle Creek Watershed Commission for water quality and volume control, the School requested placing an infiltration basin partially encroaching on Economic Development Authority property. This Agreement grants the use of the property shown in Exhibit A and describes the conditions and term for its use. The City Attorney has reviewed all easement documents and concurs to the purpose and form of the agreement. Budget Issues: There are no budget issues to consider. Strategic Priorities: • Focused Redevelopment Mission: Ensuring an attractive, clean, safe, inclusive conununity that enhances the quality of life for all people and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECUTION OF AN ENCROACHMENT LICENSE AGREEMENT FOR THE NORTHPORT ELEMENTARY SCHOOL STORM WATER TREATMENT FACILITY BETWEEN THE ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER AND NORTHPORT ELEMENTARY SCHOOL, HENNEPIN COUNTY, MINNESOTA WHEREAS, City Council approved Resolution 2014-74 regarding the disposition of planning commission application No. 2014-0005 submitted by Robbinsdale Area Schools — ISD No. 281 requesting site plan approval for certain site improvements for Northport Elementary School (5421 Brooklyn Boulevard); and WHEREAS, said improvements require a storm water treatment facility which encroaches on Economic Development Authority property located at 5455 Brooklyn Boulevard ; and WHEREAS, the City of Brooklyn Center and the Northport Elementary School have established an Encroachment License Agreement, which prescribes the uses and terms of the storm water treatment facility encroachment; and WHEREAS, Exhibit A of the Encroachment License Agreement describes and depicts the proposed agreement area; and WHEREAS, the City Attorney and City Engineer have reviewed and concur to the form and purpose of the Encroachment License Agreement, copies of which are attached hereto; and NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of the City of Brooklyn Center that the President is hereby authorized to execute the Encroachment License Agreement in the name of the City of Brooklyn Center. July 28, 2014 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. FINAL BASIN 5-19-14 ENCROACHMENT LICENSE AGREEMENT This Encroachment License Agreement ("Agreement") is made and entered into this day of , 2014 by and between the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under Minnesota law ("EDA") and Northport Elementary School, a Minnesota public school ("School"). RECITALS A.The School is the owner of the property located at 5421 Brooklyn Boulevard, PM 03- 118-21-42-0025, Brooklyn Center, MN and on which the School operates a public elementary school ("School Property"). B.The EDA owns two properties located at 5455 Brooklyn Boulevard, PID 03-118-21-44- 0004, and 5459 Brooklyn Boulevard, PID 03-118-21-44-0003, (hereinafter collectively referred to as the "EDA Property"). C.The EDA Property is adjacent to the School Property and the School desires to construct a storm water treatment facility ("Infiltration Basin") that will partially encroach upon the EDA Property as shown on the drawing attached hereto as Exhibit A. D.The EDA desires to grant the School a license to install and use the Infiltration Basin on a portion of the EDA Property in accordance with the terms and conditions of this Agreement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt of which is acknowledged by the EDA, and based on the premises and the mutual covenants and agreements set forth herein, the parties hereby agree as follows: 1.License Granted, The EDA hereby grants to the School, subject to all of the tet ns and conditions of this Agreement, a non-exclusive license for the sole purpose of constructing, using, maintaining, repairing, operating, and improving the Infiltration Basin across the portion of the EDA Property indentified on the drawing attached hereto as Exhibit A ("Encroachment Area"). 2.Limitations and Requirements. This license is subject to the following understandings, limitations, requirements, and agreements: a.This license is limited exclusively to the Infiltration Basin the School desires to construct and use within the identified Encroachment Area and does not authorize any other improvements to be constructed or placed on the EDA Property; b.The School shall be solely responsible for all work and costs to construct, maintain, operate, repair, and improve the Infiltration Basin as may be needed and all such work on the EDA Property shall be limited to the Encroachment Area; v2 1 School agrees not to suffer or allow any liens, claims and processes to be placed against the EDA's rights to or interest in the EDA Property as a result of its use of the Encroachment Area including, without limitation, any liens for labor or materials provided for the construction, repair, or maintenance of the Infiltration Basin; d.The EDA makes no representations or warranties as to the condition of the EDA Property or the Encroachment Area, or their suitability of use for the Infiltration Basin; e.The School agrees that the use of the EDA Property is with the EDA's peiniission and is not open, continuous, notorious or in any other manner supportive of a claim of adverse possession, prescriptive easement, or other entitlement to the EDA Property. The parties acknowledge that this Agreement is a license to use the Encroachment Area for the purpose described herein, it is not a lease or easement and does not confer any estate or interest in real property to the School; f.The School assumes all risk with respect to their activities within, and use of, the Encroachment Area; g.Nothing herein shall be construed as limiting the EDA's right to use the EDA Property, provided that during the term of this Agreement the EDA agrees to not unreasonably interfere with the School's use of the Infiltration Basin; and h. This Agreement shall not be recorded in the office of the County Recorder and does not run with the land. 3.Term and Revocation. This Agreement shall commence on the date first written above and shall continue until terminated by mutual agreement of the parties or until revoked by the EDA. The EDA may revoke this license and terminate this Agreement at any time upon providing the School at least 180 days' written notice of revocation. The School's obligation to remove the Infiltration Basin, to provide equal compensatory storm water facility and to indemnify the EDA shall survive the revocation or termination of this Agreement. 4.Removal of Infiltration Basin. The School shall be responsible, at its own cost, for completely removing the Infiltration Basin from the Encroachment Area upon receipt of a notice of revocation from the EDA. The School shall, within a reasonable time, given the time of year and the School's ability to establish an alternate access to the School Property, remove the Infiltration Basin and restore the EDA Property to a condition consistent with the surrounding property. 5. Indemnification. The School shall indemnify, hold hat 1' and defend the EDA, its officials, employees, contractors and agents, from and against any and all claims, losses, proceedings, damages, causes of action, liability, costs or expenses (including reasonable attorneys' fees), arising from or in connection with or caused by any act, omission or negligence of the School, its contractors, licensees, invitees, agents, servants or employees in connection with the Infiltration Basin, the construction, repair, or maintenance of the Infiltration Basin, and the School's use of the Encroachment Area. Nothing in this Agreement shall be construed as either party waiving any exception from, or limitation on, its liability provided in Minnesota Statutes, chapter 466 or in other law. FINAL BASIN 5-19-14 v2 2 Its: T2t) i.esS Set (4'S Date: FINAL BASIN 5-19-14 6.Governing Law and Amendments. This Agreement shall be governed by the laws of the State of Minnesota and may only be modified or amended with the written consent of both parties. 7.Binding Agreement. This Agreement constitutes the entire agreement between the parties regarding this matter and is binding on the parties until terminated by mutual agreement or revoked by the EDA. 8, Incorporation. The recitals contained herein, and the exhibits attached hereto, are incorporated in and made part of this Agreement. IN WITNESS WHEREOF, the parties have executed this Agreement as of the day and year first written above. ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER Approved this day of , 2014. BY THE ECONOMIC DEVELOPMENT AUTHORITY President Executive Director NORTHPORT ELEMENTARY SCHOOL By: fII ES Print Name Attest: By: 14k-1 We,, n -r‹.. Print Name Its:Ex'-ecvs2._ 3 \reci-Or US.; d)e.S5 Se/ u:c.,eS Date:Date: (e/j y v2 3 EXHIBIT A Drawing of Infiltration Basin and Encroachment Area [attached hereto] 443520v1 TJG BR291-10 A-1 FINAL BASIN 5-19-14 885.7 ?ff.:111(k I hereby certify that this sketch, plan, or report was prepared by me or under my direct supervision and that I am a duly Licensed Land Surveyor under the laws of the State of Minnesota. Dated this 22nd day of May, 2014 SUNDE LAND SURVEYING, LLC. By:AL, SUNDE 9001 East Bloomington Freeway (35W) Suite 118 Bloomington, Minnesota 55420-3435 952-881-2455 (Fax: 952-888-9526)fI LAND SURVEYING Description Sketch NORTHPORT kZEMENTARY At SOUTH LINE OF THE NaiTH100.00 FEET OF LOT 34, M.D. SW. NO. 216 180.8 25 hin 9 C.'12WY> 87 PROPOSED EASEMENT DESCRIPTION 5,024 sq. ft. An easement over, under and across part of Lot 34, Auditors Subdivision 216, Hennepin County, Minnesota, lying south of the south line of the north 100 feet of said Lot 34 as measured along the east line of said Lot -1 and lying north of a line scribed as commencing at the northwest corner of said Lot 34; thence on an assumed bearing of South 01 degree 01 minute 03 seconds West, along the west line of said Lot 34, a distance of 256.16 feet to the point of beginning of the line to be described; thence northerly 33.95 feet along a non—tangential curve concave to the south having a radius of 498.97 feet, a central angle of 3 degrees 53 minutes 55 seconds and a chord bearing of North 77 degrees 28 minutes 09 seconds East to the east line of said lot 34. 8882 660.2 11 I IIItr. III )) )1 I c, enc. 143737018'ose.__ __ 1...4960.7 it:713 .53'5.5" C1)10 /EDGE OF BITUMINOUS — Mark S. Hanson, P.L,S. Minn. Lic. No. 15480 2008-099—H 719/37 T.118, R.21,9.03 2008099H 00IR I dwg CWJ "dye KLBROOYN CENTER Public Works Department July 24, 2014 0 25 50 100 Feet __11L 17— Northport Elementary Stormwater Facility Encroachment License Agreement A Agenda Rem N©0 da EDA ITEM MEMO NDUM DATE: July 28, 2014 TO: Curt Boganey, City Manager FROM: Gary Bite!, Director of Business & Development PE-‘ SUBJECT: Resolution Authorizing the Execution of Agreement with the Metropolitan Council for the 2014 State Fair Park & Ride and Overflow Parking Locations at Brookdale Square and (Former Brookdale Ford). Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of the Resolution Authorizing the Execution of Agreement with the Metropolitan Council for the 2014 State Fair Park & Ride and Overflow Parking Locations at Brookdale Square and (Former Brookdale Ford). Background: The Metropolitan Council/Metro Transit has operated a State Fair Park & Ride from the Brookdale Square parking lot since 2011. The contract with the former owners, Centro Properties and Brixmor, provided for 1,000 parking stalls within the Brookdale Square Development to be used during the 10 day period of the Minnesota State Fair as a park & ride site. The fee paid to these owners was $8,800. During this same period, the EDA entered into a cooperative agreement with the Metropolitan Council which allowed the use of a portion of the EDA's lot, the former Brookdale Ford site, for overflow parking, should it be needed. On December 20, 2013, the EDA acquired the Brookdale Square property from Brixmor STN Holdings SPE, LLC. The redevelopment plans for this property include the demolition of the vacant portions of the Mall and the former Brookdale 8 Movie Theater this fall. Metropolitan Lease Agreements: The lease agreement for the Brookdale Square site, 5900 Shingle Creek Parkway, is the same agreement that the Metropolitan Council/Metro Transit has had with the previous owners and includes the following: •The term of the lease is for the 10 day period from August 21, 2014 to September 1, 2014, during the hours of 6:00 AM to midnight; •The Metropolitan Council shall be responsible for site management of the Park & Ride lot, security, and cleanup & trash removal during the term of the lease. Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust EDA ITEM MEMO NDUM o The Metropolitan Council will indemnify and defend the EDA of Brooklyn Center and agrees to save it harmless from and against any and all claims, action, damages, injury or damage to property or other damages arising from or out of Council's negligent use of the premises. O The fee paid to the EDA for the Brookdale Square site is $8,800 (the same fee paid to the former owners.) The lease agreement for the use of the EDA's adjacent property, fainter Brookdale Ford, is the same cooperative agreement that the EDA has had with the Metropolitan Council, which allows the use of a portion of this site for overflow parking for the State Fair Park & Ride with the provisions that the EDA has no expense or liability. The provisions of this agreement have previously been reviewed by the City Attorney. Budget Issues: The $8,800 fee is considered tax increment revenue and would be deposited in the TIF 3 Fund. Strategic Priorities: O Community Image Mission: Ensuring an attractive, clean, safe, inclusive community that enhances the quality of life for all people and preserves the public trust Commissioner introduced the following resolution and moved its adoption: EDA RESOLUTION NO. RESOLUTION AUTHORIZING THE EXECTION OF AGREEMENTS WITH METROPOLITAN COUNCIL FOR THE 2014 STATE FAIR PARK AND RIDE AND OVERFLOW PARKING LOCATIONS AT BROOKDALE SQUARE AND (FORMER BROOKDALE FORD). WHEREAS, The Metropolitan Council has previously operated a Park & Ride site from the Brookdale Square parking lot for the 2011, 2012, and 2013 Minnesota State Fairs, which included a cooperative agreement with the EDA for the use of a portion of the adjacent vacant lot, former Brookdale Ford site; and WHEREAS, The Economic Development Authority acquired the Brookdale Square property, located at 5900 Shingle Creek Parkway on December 20, 2013 and is the property owner of the adjacent lot, former Brookdale Ford site, located at 2500 Bass Lake Road; and WHEREAS, The Metropolitan Council desires to continue its operation of a State Fair Park & Ride site at this Brooklyn Center location for the 2014 State Fair. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of Brooklyn Center hereby authorizes the execution of agreements with Metropolitan Council for the 2014 State Fair Park and Ride and Overflow Parking locations at Brookdale Square and (former) Brookdale Ford. July 28, 2014 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. Metropolitan Council No. 14M061 Metropolitan Council 390 Robert Street St. Paul, Minnesota 55101 (651) 602-1749 Economic Development Authority Gary Eitel 5900 Shingle Creek Parkway Brooklyn Center, MN LEASE AGREEMENT THIS LEASE AGREEMENT is made this day of , 2014 by and between the METROPOLITAN COUNCIL, a public corporation and political subdivision under the laws of the State of Minnesota ("Council"), and ECONOMIC DEVELOPMENT AUTHORITY OF BROOKLYN CENTER (hereinafter called "Landlord"). WITNESSETH: 1.Council shall lease 1,000 parking spaces at the premises of the parking lot at 5900 Shingle Creek Parkway, Brooklyn Center, Minnesota, as illustrated on Exhibit A. 2.TERM: The term of this Lease shall commence on August 21, 2014, and terminate on September 1, 2014. 3. USE: Council shall use the Leased Premises from 6:00 a.m. to midnight for a Metropolitan Council State Fair Bus Park and Ride Service lot. Council shall not use the Leased Property for any other purpose without the express written consent of Landlord. The name of the business conducted by Council on said property shall be State Fair Bus Service. Council shall be permitted, at its sole expense, to install a structure or tent for its on-site staff. Council shall not be permitted to penetrate parking or sidewalk surfaces with stakes or posts. Council, its employees, customers and invitees may use only the designated parking and driveway facilities of the leased premises. Council understands that the tenants of the Economic Development Authority, employees, customers and invitees, as well as the general public may use the driveway and parking areas of the Leased Property during Council's Lease Term. Council's structure, supplies, stock-in-trade and all other property of Council is placed on the Leased Property at the sole risk of Council and Landlord shall not, in any event, be liable for damages or replacement of any of Council's property whether or not such damage occurs as a result of Landlord's negligence. Council understands that Landlord will not supply security personnel during either business or non-business hours. Council shall be responsible for all of its security needs. If there will be a responsible person other than Council supervising the leased area, the Landlord must have a name and telephone number of that contact person in case of any problem or emergency. Council agrees to have its employee's police the Leased Property and surrounding grounds on a regular basis to pick up debris, etc. and to keep said areas clean of all rubbish and trash. Council shall provide its own trash removal from the Leased Property. Council may place trash receptacles on the Leased Property. Prior to the expiration of the term hereof, Council shall, at its sole cost and expense, remove its personal property and any other materials and supplies from the Leased Property. Council shall leave the Leased Metropolitan Council No. 14M061 Premises in a neat and clean condition, free of debris or rubbish and in the same condition as when taken by Council. 4.FEE: Fee is $8,800.00 to be paid no later than August 31, 2014. 5.ORDINANCES AND REGULATIONS: Council shall comply with all rules, regulations and ordinances of governmental authorities having jurisdiction over the Leased Premises, insofar as any of such rules, regulations and ordinances pertain to the manner in which Council shall use the Leased Premises. This Agreement may be null and void if Council is not in accordance with said rules and regulations. 6.INSURANCE: The Metropolitan Council is currently self-insured for its General Liability, Business Auto Coverage, and Workers' Compensation exposure. Per Minnesota Statute 466.04, the Metropolitan Council is provided municipality tort liability caps, with limits of $500,000.00 per person, $1,500,000.00 per occurrence. 7.INDEMNITY: Not to exceed the amount provided in Minnesota Statute Chapter 466.04, Council hereby indemnifies and defends Economic Development Authority or Brooklyn Center and agrees to save it harmless from and against any and all claims, action, damages, injury or damage to property or other damages arising from or out of Council's negligent use of the Premises. 8.SURRENDER: Upon the expiration or termination of this Lease, Council shall surrender to Landlord the Leased Premises in as good condition as originally received, normal wear and tear excepted. 9.ASSIGNMENT: Council shall not assign or transfer this Lease nor sublet the Leased Premises, in whole or in part. 10.DEFAULT: In the event Council shall default in the performance of any covenants or agreements of this Lease and such default shall continue for one (1) day after written notice thereof, or if Council shall become bankrupt or insolvent or any debtor proceedings be taken by or against Council then Landlord, in addition to any and all other legal remedies and rights, may terminate this Lease and retake possession of the Leased Premises, in which event Council shall pay to Landlord the cost of reasonable repairs and expenses Landlord may incur to restore the Leased Premises to its original condition. It is hereby acknowledged that in the event of default, Council shall be responsible for all rent described in article 3 hereof through the Lease Term. In the event of any breach hereunder by Council, Landlord may immediately or at any time thereafter, without notice, cure such breach at the expense of Council. If Landlord at any time, by reason of such breach, is compelled to pay, or elects to pay, any sum of money or do any act which will require the payment of any sum of money, or is compelled to incur any expense, including reasonable fees by Landlord's representative and reasonable attorney's fees, in instituting or prosecuting any action or proceeding to enforce Landlord's rights hereunder, the sum or sums so paid by Landlord, with interest thereon at the greater of the following rates, (subject to prevailing governmental regulations); (1) two percent (2%) over prime interest rate then charged by the Wells Fargo Bank to its preferred commercial customers on ninety (90) day unsecured loans; or (2) eighteen percent (18%) shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the payment of such respective sums or expenses. 11.NOTICE: For the purpose of notice or demand, Council shall be served by certified or registered mail, return receipt requested, addressed to: Metropolitan Council, Attn: Gayle Gartner, 560 Sixth Ave. N., Minneapolis, MN 55411, gayle.gartner@metrotransit.org , 612-349-7426. 2 Metropolitan Council No. 14M061 12.SUCCESSORS AND ASSIGNS: This instrument shall bind and inure to the benefit of the successors, assigns, heirs, executors, administrators and legal representatives of the parties hereto. 13.UTILITIES: None Available. 14. ENTIRE AGREEMENT AMENDMENT: This instrument contains the entire understanding between the parties and all prior or contemporaneous oral or written agreements are merged herein and no amendment to this Lease shall be effective unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, Landlord and Council have caused this instrument to be executed as of the date first above written, by their respective officers or parties thereunto duly authorized. BROOKLYN CENTER ECONOMIC DEVELOPMENT AUTHORITY By: Its: METROPOLITAN COUNCIL By: Its Director of Engineering and Facilities 3 Metropolitan Council No. 14M061 AbK A 2014 State Fair Bus Park & Ride and Overflow Parking Locations Brookdaie Square and (former) Brookdaie Ford Metropolitan Council No. 14M063 Metropolitan Council 390 Robert Street St. Paul, Minnesota 55101 (651) 602-1000 Economic Development Authority Gary Eitel 2500 County Road 10 Brooklyn Center, MN LEASE AGREEMENT THIS LEASE AGREEMENT is made this day of , 2014 by and between the Metropolitan Council, a public corporation and political subdivision under the laws of the State of Minnesota ("Council"), and Economic Development Authority of Brooklyn Center (hereinafter called "Landlord"). WITNESSETH: 1.Council shall lease the parking spaces at the premises of the parking lot at 2500 County Road 10, Brooklyn Center, Minnesota, as illustrated on Exhibit A. 2.TERM: The term of this Lease shall commence on August 21, 2014, and terminate on September 1, 2014. 3. USE: Council shall use the Leased Premises from 6:00 a.m. to midnight as necessary for overflow parking associated with the Metropolitan Council State Fair Bus Park and Ride Service lot at 5000 Shingle Creek Parkway, Brooklyn Center, MN. Council shall not use the Leased Property for any other purpose without the express written consent of Landlord. The name of the business conducted by Council on said property shall be State Fair Bus Service. Council shall be permitted, at its sole expense, to install a structure or tent for its on-site • staff. Council shall not be permitted to penetrate parking or sidewalk surfaces with stakes or posts. Council, its employees, customers and invitees may use only the designated parking and driveway facilities of the leased premises. Council understands that the tenants of the Economic Development Authority, employees, customers and invitees, as well as the general public may use the driveway and parking areas of the Leased Property during Council's Lease Term. Council's structure, supplies, stock-in-trade and all other property of Council is placed on the Leased Property at the sole risk of Council and Landlord shall not, in any event, be liable for damages or replacement of any of Council's property whether or not such damage occurs as a result of Landlord's negligence. Council understands that Landlord will not supply security personnel during either business or non-business hours. Council shall be responsible for all of its security needs. If there will be a responsible person other than Council supervising the leased area, the Landlord must have a name and telephone number of that contact person in case of any problem or emergency. Council agrees to have its employee's police the Leased Property and surrounding grounds on a regular basis to pick up debris, etc. and to keep said areas clean of all rubbish and trash. Council shall provide its own trash removal from the Leased Property. Council may place trash receptacles on the Leased Property. Prior to the expiration of the term hereof, Council shall, at its sole cost and expense, remove its personal property and any other materials and supplies from the Leased Property. Council shall leave Metropolitan Council No. 14M063 the Leased Premises in a neat and clean condition, free of debris or rubbish and in the same condition as when taken by Council. 4.FEE: This is a no-cost agreement.. 5.ORDINANCES AND REGULATIONS: Council shall comply with all rules, regulations and ordinances of governmental authorities having jurisdiction over the Leased Premises, insofar as any of such rules, regulations and ordinances pertain to the manner in which Council shall use the Leased Premises. This Agreement may be null and void if Council is not in accordance with said rules and regulations. 6.INSURANCE: The Metropolitan Council is currently self-insured for its General Liability, Business Auto Coverage, and Workers' Compensation exposure. Per Minnesota Statute 466.04, the Metropolitan Council is provided municipality tort liability caps, with limits of $500,000.00 per person, $1,500,000.00 per occurrence. 7.INDEMNITY: Not to exceed the amount provided in Minnesota Statute Chapter 466.04, Council hereby indemnifies and defends Economic Development Authority or Brooklyn Center and agrees to save it harmless from and against any and all claims, action, damages, injury or damage to property or other damages arising from or out of Council's negligent use of the Premises. 8.SURRENDER: Upon the expiration or termination of this Lease, Council shall surrender to Landlord the Leased Premises in as good condition as originally received, normal wear and tear excepted. 9.ASSIGNMENT: Council shall not assign or transfer this Lease nor sublet the Leased Premises, in whole or in part. 10.DEFAULT: In the event Council shall default in the performance of any covenants or agreements of this Lease and such default shall continue for one (1) day after written notice thereof, or if Council shall become bankrupt or insolvent or any debtor proceedings be taken by or against Council then Landlord, in addition to any and all other legal remedies and rights, may terminate this Lease and retake possession of the Leased Premises, in which event Council shall pay to Landlord the cost of reasonable repairs and expenses Landlord may incur to restore the Leased Premises to its original condition. It is hereby acknowledged that in the event of default, Council shall be responsible for all rent described in article 3 hereof through the Lease Term. In the event of any breach hereunder by Council, Landlord may immediately or at any time thereafter, without notice, cure such breach at the expense of Council. If Landlord at any time, by reason of such breach, is compelled to pay, or elects to pay, any sum of money or do any act which will require the payment of any sum of money, or is compelled to incur any expense, including reasonable fees by Landlord's representative and reasonable attorney's fees, in instituting or prosecuting any action or proceeding to enforce Landlord's rights hereunder, the sum or sums so paid by Landlord, with interest thereon at the greater of the following rates, (subject to prevailing governmental regulations); (1) two percent (2%) over prime interest rate then charged by the Wells Fargo Bank to its preferred commercial customers on ninety (90) day unsecured loans; or (2) eighteen percent (18%) shall be deemed to be additional rent hereunder and shall be due from Tenant to Landlord on the first day of the month following the payment of such respective sums or expenses. 11.NOTICE: For the purpose of notice or demand, Council shall be served by certified or registered mail, return receipt requested, addressed to: Metropolitan Council, Attn: Gayle Gartner, 560 Sixth Ave. No, Minneapolis, MN 55411, gayle.gartner@metrotransit.org , 612-349-7426. 2 Metropolitan Council No. 14M063 12.SUCCESSORS AND ASSIGNS: This instrument shall bind and inure to the benefit of the successors, assigns, heirs, executors, administrators and legal representatives of the parties hereto. 13.UTILITIES: None Available. 14. ENTIRE AGREEMENT AMENDMENT: This instrument contains the entire understanding between the parties and all prior or contemporaneous oral or written agreements are merged herein and no amendment to this Lease shall be effective unless in writing and signed by the parties hereto. IN WITNESS WHEREOF, Landlord and Council have caused this instrument to be executed as of the date first above written, by their respective officers or parties thereunto duly authorized. BROOKLYNN CENTER ECONOMIC DEVELOPMENT AUTHORITY By: Its: Date: METROPOLITAN COUNCIL By: Its Director of Engineering and Facilities Date: 3 , -4 rrr Mke FELII ateif-777I I .iuI L - • ' Metropolitan Council No. 14M061 Exaibit A 2014 State Fak Bus Park gt Ride and Overflow Parking Locations Brookdale Square and (former) Brookdale Ford