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HomeMy WebLinkAbout2016 02-22 EDAPEDA MEETING City of Brooklyn Center February 22, 2016 AGENDA 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. February 8, 2016— Regular Session 4.Commission Consideration Items a. Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (3600 61st Avenue North) Requested Commission Action: —Motion to adopt resolution. 5.Adjournment EDA Agenda Item No. 3a MINUTES OF THE PROCEEDINGS OF THE ECONOMIC DEVELOPMENT AUTHORITY OF THE CITY OF BROOKLYN CENTER IN THE COUNTY OF HENNEPIN AND THE STATE OF MINNESOTA REGULAR SESSION FEBRUARY 8,2016 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 8:38 p.m. 2.ROLL CALL President Tim Willson and Commissioners April Graves, Kris Lawrence-Anderson, Lin Myszkowski, and Dan Ryan. Also present were Executive Director Curt Boganey, Director of Business and Development Gary Eitel, City Attorney Troy Gilchrist, and Denise Bosch, TimeSaver Off Site Secretarial, Inc. 3. APPROVAL OF AGENDA AND CONSENT AGENDA Commissioner Ryan moved and Commissioner Graves seconded to approve the Agenda and Consent Agenda, and the following items were approved: 3a.APPROVAL OF MINUTES 1. January 11, 2016 - Regular Session 3b.RESOLUTION NO. 2016-03 AUTHORIZING THE EXECUTIVE DIRECTOR TO WRITE OFF UNCOLLECTIBLE ACCOUNTS RECEIVABLE Motion passed unanimously. 4. COMMISSION CONSIDERATION ITEMS 4a. RESOLUTION NO. 2016-04 APPROVING A DEVELOPMENT AGREEMENT AND A PURCHASE AGREEMENT (SCA PROPERTIES SENIOR HOUSING PROJECT) Commissioner Myszkowski moved and Commissioner Ryan seconded to adopt RESOLUTION NO. 2016-04 Approving a Development Agreement and a Purchase Agreement (SCA Properties Senior Housing Project). 02/08/16 4- DRAFT Motion passed unanimously. 4b. RESOLUTION NO. 2016-05 APPROVING AN ADMINISTRATIVE AMENDMENT TO BUDGET FOR TAX INCREMENT FINANCING PLAN FOR TAX INCREMENT FINANCING DISTRICT NO. 4 IN CONNECTION WITH POOLING FOR AFFORDABLE HOUSING Commissioner Ryan moved and Commissioner Graves seconded to adopt RESOLUTION NO. 2016-05 Approving an Administrative Amendment to Budget for Tax Increment Financing Plan for Tax Increment Financing District No. 4 in Connection with Pooling for Affordable Housing. Motion passed unanimously. 4e. RESOLUTION NO. 2016-06 AUTHORIZING PREPARATION OF A FINAL DEVELOPMENT AGREEMENT RELATED TO THE DEVELOPMENT OF THE OPPORTUNITY SITE Commissioner Lawrence-Anderson moved and Commissioner Myszkowski seconded to adopt RESOLUTION NO. 2016-06 Authorizing Preparation of a Final Development Agreement Related to the Development of the Opportunity Site. Motion passed unanimously. 5. ADJOURNMENT Commissioner Ryan moved and Commissioner Lawrence-Anderson seconded adjournment of the Economic Development Authority meeting at 8:45 p.m. Motion passed unanimously. 02/08/16 -2- DRAFT EDA Agenda Item No. 4a EDA ITEM MEMORANDUM DATE: February 22, 2016 TO: Curt Boganey, City Manager FROM: Gary Eitel, Director of Business & Development SUBJECT: Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (3600 - 61st Ave. N.) Recommendation: It is recommended that the Economic Development Authority consider approval/adoption of Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (3600 - 61 Ave. N.) Background: As part of the City's participation in the 2012-2013 Brooklyn Boulevard Corridor Study, and the efforts to control or redevelop certain properties in and along this corridor area, the city completed the acquisitions of the following adjacent properties to 3600 - 61st Ave. N.: 6121 Brooklyn Boulevard, the former Cars with Heart site; 6107 Brooklyn Boulevard, the vehicle display lot owned by Luther Auto; and 6101 Brooklyn Boulevard, the easterly corner lot owned by Mr. Doua Vang. Staff had several conversations with James Bucsko, the former property owner of 3600 - 61 st Ave. N., on the visions for the reimaging of the Brooklyn Boulevard Corridor and the potential redevelopment opportunities of a senior housing development for this specific area. Mr. Bucsko was very receptive to the City's vision for redevelopment and the potential of a future acquisition of his property by the EDA, and expressed an interest in selling to the City. During the summer of 2015, James Bucsko passed away. Mr. John Bucsko, the son and Personal Representative of the estate of James Bucsko, has offered to sell the property to the EDA for the fair market value of $150,000. On January 25, 2016, the City Council approved the site and development plans for the Sanctuary at Brooklyn Center, a senior housing project of 158 affordable assisted care units on the 4.5 acre site adjacent to 3600 - 61st Ave. N. On February 8, 2016, the EDA approved a Tax Increment Development Agreement associated with the Sanctuary at Brooklyn Center which included provisions to fund the future acquisitions of 3600 and 3606- 61st Avenue North. Attached for your reference is an aerial photograph that includes the approved site plan and the location of the 3600 - 61st Ave. N. Mission: Ensuring in attractive, clean, safe, inclusive coiiiiiiiiiiitj' that enhances the qiialilj' of!fe for all people and preserves the public trust Purchase Agreement: 3600 - 61" Avenue North is a 13,715 sf single family residential lot with 110 feet of frontage on 61st Ave. N. The residence is a 1955 rambler with 1,058 sf on the main floor, a lull basement, and a two car detached garage that has a 21x22 attached screened porch. The fair market value of the property was based on Median Sales Price and Average Sales Price data reported through the month of November, 2015 by the Minneapolis Area Association of Realtors and conversations with our consulting assessors. The agreement provides for a purchase price of $150,000 and includes the following provisions: - The closing is scheduled to occur within 60 days of the execution of the Purchase Agreement. - There are no real estate commission fees involved in this transaction. - The seller is responsible for any deferred or delinquent real estate taxes or utilities. - The Seller is responsible for all pending and levied special assessments. - The real estate taxes allocable to the Premises that are due and payable in the year of the closing shall be prorated between the Seller and Buyer to the closing date. The funding source for the acquisition and demolition of this property is proposed to be the Housing Fund of Tax Increment District 3. Tax Increment Finance District No. 3: Tax Increment Finance (TIF) District No. 3 was created in 1994 as a Redevelopment District to provide assistance to various commercial redevelopment and housing development projects within the District. The housing objectives included the following: 1.To acquire blighted or deteriorated residential property for rehabilitation or clearance and redevelopment; and 2.To develop housing opportunities for market segments underserved by the City including housing for the disabled and elderly. The special state legislation associated with the creation of this Tax Increment District included provisions that 15% of the revenues generated from tax increment in any year is deposited in the housing development account of the authority and expended according to the Tax Increment Financing Plan. This District is scheduled to expire in 2021. The use of TIF-3 Housing Funds includes affordability requirements on the use of funds for owner occupant projects (the average household median income for the Metropolitan Area or 115% of the median income for families of 3 or more) and median income affordability ratios for rental properties. Mission: Ensuring an attractive, clew,, safe, inclusive community that eiilzwzces the quality of life for all people and preserves the public trust Budget Issues: The initial fund source for the acquisition of this property is proposed to be the TIF-3 Housing Fund with EDA having the option of reimbursing this acquisition from either TIF-4 or the pending TIF-6 "pay-as-you-go" (PAYG) note associated with the Sanctuary at Brooklyn Center Senior Project The use of either TIF-4 or TIF-6 funds does include affordability criteria, which is more restrictive than the TIF 3 Housing Fund requirements. Prior to pursuing a future reimbursement from either of these two funding sources, the EDA will consider redevelopment options that are compatible and complement both the residential neighborhood and the adjacent senior housing project. Strategic Priorities: Targeted Redevelopment 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 ACQUISITION OF PROPERTY TO FACILIATE NEIGBHORHOOD IMPROVEMENTS AND REDEVELOPMENT OPPORTUNITIES WITHIN THE BROOKLYN BOULEVARD CORRIDOR (3600-6 IT AVENUE NORTH) WHEREAS, the Brooklyn Center Economic Development Authority, Minnesota has hereto established Housing Development and Redevelopment Project No. 1, and has established the Tax Increment Financing District No. 3, and adopted a Tax Increment Financing Plan, which includes the following objectives: • To enhance the tax base of the City; • To provide maximum opportunity, consistent with the needs of the City for development by private enterprise; • To better utilize vacant or underdeveloped land; • To attract new businesses; • To acquire blighted or deteriorated residential property for rehabilitation or clearance and redevelopment; • To develop housing opportunities for market segments underserved by the City including housing for the disabled and elderly; and WHEREAS, the Tax Increment Financing Plan for Tax Increment District No. 3 includes a budget of $5,000,000 in the Housing Development Account (Affordable Housing), which includes the following components: Acquisition of Single and Multi-Family Housing; Rehabilitation of Single and Multi-Family Housing; Environmental Remediation of Single and Multi-Family Housing Properties, and; WHEREAS, the real property located at 3600 - 61ST Avenue North (the "Subject Property") is a voluntary sale by the property owner; and WHEREAS, John E. Bucsko, Personal Representative of the Estate of James J. Bucsko, has offered to sell the subject property to the EDA for the amount of $150,000, which has been determined to be the fair market value of the property based on information provided by the Minneapolis Area Association of Realtors; and WHEREAS, the EDA has determined acquisition of the Subject Property is consistent with the goals and objectives of the Brooklyn Boulevard Streetscape Amenities Study, the City's Comprehensive Plan, the vision of the 2013 Brooklyn Boulevard Corridor Study, Tax Increment District No. 3 Housing Program, and is in the best interest of the City of Brooklyn EDA RESOLUTION NO. Center and its citizens; and WHEREAS, this acquisition has been identified within the Tax Increment Development Agreement for the SCA Senior Housing Project and the establishment of TIF 6, an Affordable Housing District. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority of Brooklyn Center, Minnesota 1.The purchase agreement for the Subject Property is hereby approved; and 2.The President and Executive Director of the EDA are authorized and directed to execute the bargain purchase agreement, and the Executive Director is authorized and directed to take all such further steps as are necessary to effect the terms thereof. February 22, 2016 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. 6225 6213 6212 4 '314 u: I I s -:4 H \-.. L: \ \ t' ( r ;;r k )\2O6 Lttt!1_4;' 1 M01' - I _ L Sç— ULU U11 171:11 3800 -: -' -;-i 4 -,' \ 14 3507 r • Ei1 L \ LL1' *L6m2a1 T I1:ic1%\ I II i n 41 61'l 1kJ F Ei' \ \•..Ij fr1J T. N TAr 6107 A _____ \ 61O 3808 I A _____ I I 3' v*,fr 610 I \;r - 6043,604 Bucsko Residencenj----- 3600 61s1. Ave N 3813 f107I LY W., I46O/ €-J 6 O25 ç%1 uu 1 . -60l8 0! PURCHASE AGREEMENT 1.PARTIES. This Purchase Agreement ("Purchase Agreement") is entered into this day of, 2016, by and between John E. Bucsko as Personal Representative of the Estate of estate of James J. Bucsko, Decedent, a single person ("Seller") and the Economic Development Authority of Brooklyn Center, Minnesota, a public body corporate and politic under the laws of the State of Minnesota ("Buyer"). 2.SALE OF PROPERTY. Seller is the owner of that certain real estate ("Property") located at 3600 61st Avenue North, Brooklyn Center, MN 55429, Hennepin County, Minnesota and legally described as follows: Lot 3, Block 6, Wangstad's Brooklyn Terrace. [Torrens Certificate No. 465171] 3.OFFER/ACCEPTANCE. In consideration of the mutual agreements herein contained, Buyer offers and agrees to purchase and Seller agrees to sell and hereby grants to Buyer the exclusive right to purchase the Property and all improvements and fixtures thereon, together with all appurtenances, including, but not limited to, plant, shrubs, trees, and grass. 4.NO PERSONAL PROPERTY INCLUDED IN SALE: There are no items of personal property or fixtures owned by Seller and currently located on the Property included in the Purchase Price for purposes of this sale. 5. PURCHASE PRICE AND TERMS: A.PURCHASE PRICE: The total Purchase Price ("Purchase Price") for the Property is One Hundred Fifty Thousand and No/i O0ths Dollars ($150,000.00). B.TERMS: (1)EARNEST MONEY. The sum of Zero Dollars ($0.00) Earnest Money ("Earnest Money") shall be paid by the Buyer to the Seller, the receipt of which is hereby acknowledged. (2)BALANCE DUE SELLER: Buyer agrees to pay by check or wire transfer on the Closing Date ("Closing") any remaining Balance Due according to the terms of this Agreement. (3) DEED/MARKETABLE TITLE: Subject to performance by Buyer, Seller agrees to execute and deliver a Warranty Deed conveying marketable title to the Property to Buyer, subject only to the following exceptions: 473779v1 CBRBR305135 a.Building and zoning laws, ordinances, state and federal regulations. b.Reservation of minerals or mineral rights to the State of Minnesota, if any. c.Public utility and drainage easements of record which will not interfere with Buyer's intended use of the Property. d.Title defects waived by Buyer pursuant to paragraph 12 below. 6. DOCUMENTS TO BE DELIVERED AT CLOSING BY SELLER. A.Personal Representatives Deed free and clear of encumbrances subject only to the exceptions stated in 5B (3a, 3b, 3c and 3d). B.Standard form Affidavit of Seller. C.Affidavit of Survivorship and certified copy of the death certificate of Margaret A. Bucsko. D.Well disclosure certificate. B. Such other documents as may be reasonably required by Buyer's title examiner or title insurance company. 7. CLOSING DATE. The closing of the sale of the Property shall take place within 60 days after the date of this Agreement ("Closing") or at an earlier date as mutually agreed by the parties. The closing shall take place at the offices of Economic Development Authority of Brooklyn Center, 6301 Shingle Creek Parkway, Brooklyn Center, MN 55430. 8.ENVIRONMENTAL INSPECTION. Seller, prior to vacation of the Property, shall remove all substances that, under state or federal law, must be disposed of at an approved disposal facility. This requirement does not apply to hazardous substances integrated into the building improvements (e.g., asbestos) or soil but applies only to movable equipment, supplies and materials that are located or stored on the Property. Buyer and Seller will conduct a joint inspection of the Property at a time to be mutually agreed upon prior to Closing for the purpose of identifying materials that must be removed by Seller. 9.LEAD. If the dwelling structure on the Property was constructed prior to 1978, a lead paint disclosure accompanies this Agreement. 10. REAL ESTATE TAXES. 473779v1 CBR BR305-135 2 A.Seller will pay at or prior to Closing all real estate taxes due and payable in 2015 and prior years on the Property, including any delinquent real estate taxes. B.Real estate taxes due and payable in 2016 shall be prorated as of Closing between Buyer and Seller. If the amount of real estate taxes due and payable in 2016 are not available on the date of closing, the pro-rated taxes will be based on the amount of real estate taxes due and payable in 2015. 11. SPECIAL ASSESSMENTS. A.Seller shall pay on or prior to Closing the balance of all special assessments levied or pending. B.Seller shall pay any deferred real estate taxes or special assessments, payment of which is required as a result of the Closing of this sale. C.As of the date of this Agreement, Seller has not received a notice of hearing for a new public improvement project from any governmental assessing authority, the costs of which project may be assessed against the Property. If a notice of pending special assessment is issued after the date of this Agreement and on or before Closing, Buyer shall assume payment of all of any such special assessments and Seller shall provide for payment on date of closing of none of any such special assessments. D.Notwithstanding any other provision of this Agreement, Seller shall at all times be responsible to pay special assessments, if any, for delinquent sewer or water bills, removal of diseased trees prior to the date of this Agreement, snow removal, or other current services provided to the Property by the assessing authority while the Seller is in possession of the Property. 12. MARKETABILITY OF TITLE. Buyer shall, at its expense and within a reasonable time after Sellers acceptance of this Agreement, obtain a commitment for title insurance or other evidence satisfactory to Buyer ("Title Evidence") for the Property or examine the abstract of title. Buyer shall have ten (10) business days after receipt of a fully executed purchase agreement and the Title Evidence to examine the same and to deliver written objections to title, if any, to Seller. Seller shall have until the Closing (or such later date as the parties may agree upon) to make title marketable, at the Seller's expense. In the event that title to the Property cannot be made marketable or is not made marketable by the Seller by the Closing, then, at the option of the Buyer, this Agreement shall be null and void and all Earnest Money will be returned to Buyer, if any. 13. CLOSING COSTS AND RELATED ITEMS. Seller will pay: (a) any deed transfer taxes and conservation fees and recording fees for all instruments required to establish marketable title in Seller. Buyer shall be responsible for the payment of the following costs: (a) any deed transfer taxes and conservation fees and recording fees required to enable the Buyer to record its deed from Seller under this Agreement, (b) the title search, name search and 473779v1 CBRBR3O5-135 assessment search fees and other fees incurred in preparation of the Commitment for title insurance or other Title Evidence, and title insurance premium, if any; and (c) any closing fee charged by the title insurance or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. Each party shall be responsible for its own attorneys' fees and costs. 14.POSSESSION/CONDITION OF PROPERTY. Seller shall deliver possession of the Property to Buyer immediately after Closing. Seller shall remove all personal property from the Property prior to Closing. Any furniture, fixtures, equipment or other personal property remaining at the Property as of Closing shall be deemed the property of Buyer and may be used by Buyer or disposed of by Buyer as Buyer sees fit. Buyer and Seller will conduct a joint inspection of the Property at a time to be mutually agreed upon prior to Closing. 15.DISCLOSURE; INDIVIDUAL SEWAGE TREATMENT SYSTEM. Seller discloses that there (is) (is not) an individual sewage treatment system on or serving the Property. If there is an individual sewage treatment system on or serving the Property, Seller discloses that the system (is) (is not) in use. In the event there is a sewage treatment system, a map of said location of the system is attached. 16.WELL DISCLOSURE. Seller discloses that there is a well on or serving the Property. A well disclosure statement accompanies this agreement. 17.SELLER'S WARRANTIES. Seller warrants that buildings, if any, are entirely within the boundary lines of the Property. Seller warrants that there is a right of access to the Property from a public right-of-way. Seller warrants that there has been no labor or material furnished to the Property for which payment has not been made. Seller warrants that there are no present violations of any restrictions relating to the use or improvement of the Property. Seller has good and marketable simple title interest to the Property and no consents or approvals from any third parties are required. Seller will not enter into a lease after the date of this Agreement. Seller represents that the Property is vacant. Seller agrees to pay all charges for sewer, water, electric, gas, rubbish removal and cable television incurred prior to Closing. These warranties shall survive the Closing of this transaction. 18.RELOCATION BENEFITS. Seller acknowledges that the Seller initiated negotiations with Buyer for the transaction contemplated by this purchase agreement, and that this transaction is not made under threat of condemnation by Buyer. Seller represents that the Property is vacant and unoccupied. Seller agrees to waive any and all relocation benefits, assistance and services to which Seller might otherwise be eligible. Seller agrees to provide to Buyer at Closing an executed waiver of relocation benefits in substantially the form of the attached Exhibit A. 19.NO MERGER OF REPRESENTATIONS, WARRANTIES. All representations and warranties contained in this Agreement shall not be merged into any instruments or conveyance delivered at Closing, and the parties shall be bound accordingly. 20. ENTIRE AGREEMENT; AMENDMENTS. This Agreement constitutes the entire agreement between the parties, and no other agreement prior to this Purchase Agreement or 473779v1 CBRBR305-135 ri contemporaneous herewith shall be effective except as expressly set forth or incorporated herein. Any purported amendment shall not be effective unless it shall be set forth in writing and executed by both parties or their respective successors or assigns. 21.BINDING EFFECT; ASSIGNMENT. This Agreement shall be binding upon and inure to the benefit of the parties and their respective heirs, executors, administrators, successors and assigns. Buyer shall not assign its rights and interest hereunder without notice to Seller. 22.NOTICE. Any notice, demand, request or other communication which may or shall be given or served by the parties shall be deemed to have been given or served on the date the same is deposited in the United States Mail, registered or certified, postage prepaid and addressed as follows: SELLER: John E. Bucsko Personal Representative of the Estate of James Bucsko 3262 Crestmoor Drive Woodbury, MN 55025 BUYER: Economic Development Authority of Brooklyn Center Attn: Gary Eitel 6301 Shingle Creek Parkway Brooklyn Center, MN 55430-2113 AGENT: Kennedy & Graven, Chartered Attn: Troy Gilchrist 470 U.S. Bank Plaza 200 South Sixth Street Minneapolis, MN 55402 23.BROKER COMMISSIONS. Buyer and Seller each represents and warrants to each other that there is no broker involved in this transaction with whom either has negotiated or to whom the representing party has agreed to pay a broker commission or fmder's fee in connection with negotiations for purchase or sale of the Property. 24.SPECIFIC PERFORMANCE. This Agreement may be specifically enforced by the parties, provided that any action for specific enforcement is brought within six months after the date of the alleged breach. This paragraph is not intended to create an exclusive remedy for breach of this agreement; the parties reserve all other remedies available at law or in equity. 473779v1 CBR BR305-135 5 IN WITNESS WHEREOF, the parties have executed this agreement as of the date written above. By E. Bucsko as Personal Rei3iëñfa1 the Estate of estate of James J. Bucsko Economic Development Authority of Brooklyn Center, Minnesota By: Its: President By: Its: Executive Director 473779v1 CBR BR305-135 6 EXHIBIT A WAIVER OF RELOCATION BENEFITS I, the undersigned, acknowledge that I met with a representative of the Economic Development Authority of Brooklyn Center, Minnesota (EDA) on , 20. The representative, explained that in the event that the EDA acquires my residence located at 3600 61 " Avenue North, Brooklyn Center, Minnesota, I may be entitled to certain relocation benefits, in addition to the amount of money being paid to me to acquire my residence. These benefits may include: Moving Expenses: a. A payment for actual reasonable moving expenses; or A fixed payment determined in accordance with the applicable schedule approved by the Federal Highway Administration, 2. Replacement Housing Payment: A 180-day homeowner is eligible to receive a replacement housing payment to cover the following costs: a.If homeowner must pay more to buy a comparable replacement home than homeowner receives for the property, then homeowner may be compensated for the difference. b.Homeowner may be entitled to compensation for incidental and closing expenses related to the purchase of a decent, safe, and sanitary replacement home, such as recording fees, title insurance, appraisal and inspection fees. C. If homeowner must pay a higher interest rate on a mortgage to finance the purchase of a replacement home than the rate on the mortgage of the property, then homeowner may be entitled to compensation for increased mortgage interest costs. Other Relocation Assistance: This includes referrals and other assistance to help the owner(s) relocate to a comparable decent, safe and sanitary dwelling, These payments and services are required under the regulations of the Department of Housing and Urban Development (HUD). The owner(s) cannot be required to move from his/her home unless he/she is given reasonable opportunities to relocate to a comparable decent, safe and sanitary dwelling unit that he/she can afford. Finally, it was explained to me that the Uniform Relocation Assistance and Real Property Acquisition Policies Act of 1970 as amended, entitles me to these relocation benefits; and if I sign this agreement, I will be waiving those relocation benefits. After having these benefits explained to me, I agree to waive them. In signing this agreement, I acknowledge that no threats have been made to me, either expressly or by implication; and that the property will not be taken from me through condemnation. If after signing this agreement, I attempt to collect relocation benefits, I will have to prove that, contrary to what I am agreeing to in this agreement, my waiver of relocation benefits was not entered into voluntarily. This agreement is conditioned upon the Economic 473779v1 CBR BR305-135 7 Development Authority of Brooklyn Center, Minnesota purchasing my property for the gross purchase price of $150,000.00. If this commitment to me is not fulfilled, the agreement is null and void. I- Date 77/ c Jolñ){Bucsko as Person epresentative of the Estate of estate of James J. Bucsko, Decedent, Seller WITNESS: 473779v1 CBR BR305-135 Well Disclosure Certificate 473779v1 CBR BR305-135 Well Disclosure Certificate MDHUSEONLY Please Type Or Print All Information Person filing deed must include a $50 fee payable to the county recorder. Minnesota Department Of HealthWell Management Section, P .O. Box 64975, St. Paul, Minnesota 55164-09755jj47800-383O8 - ______________ A. Property Location Legal Description Attach a legal description of the property. County Section No.Township No.RangeNo,Quarter (or Government Lot) hflf1 XI Lot No(s),Block No.Addition Name 35 -aL 73'ookIyh1/Lt Outlot Tract Property S tr eet Address City/ Township ZIP Code =;Pro7perty/Parcel No. (optional) J. y3 oo) B. Property Buyer Mailing Address After Closing First Name Middle Initial Last Name Company Name (if applicable) ? o'-4- of DoIy e,lL fJ f?'l Mailin g Ad dress 3Q SA/iI g AddressrCity State/Province zi Code Telephone No. (including area code) hi AJ 30 7 3 33 0,S-__^ Provide Name of Seller (ease print):Jokr B us ko 1 10 9L0 CSk C.Cert i fication by Seller 1 certify that the information provided on this certificate is accurate and complete to the best of my knowledge. Signature of Seller or Designated Representative of Seller Date D.Certification by Buyer For fulfillment of a contract for deed, the buyer or person authorized to act on behalf of the buyer, must sign a Well Disclosure Certificate if there is a well on the property. In the absence of a seller's signature, the buyer, or person authorized to act on behalf of the buyer may sign this Well Disclosure Certificate. No signature is required by the buyer if the seller has signed above. Based on disclosure information provided to me by the seller or other available information, I certify that the information on this certificate is accurate and complete to the best of my knowledge. gnatureotBuyer or Designated Representative of Buyer Date Important Note: Minnesota Department of Health (MDH) will follow-up with the property buyer regarding any wells disclosed as not in use. If a well is not in use, the property owner must either return the well to use, have the well sealed by a licensed well contractor, or obtain an annual maintenance permit from MDH for $175. A copy of this WellDisclosure Certificate should be provided to the property buyer at the time of closing. _Lontractor, check the well status as not in use. Also see "I m ortantlNote" on e 1. %le',q kIf the well has been sealed by someone other than a licensed well contractor or a licensed well sealing Name of Licensed Well Contractor ,If well is not inuse, is there an MDH variance for= well?thethe permit number: El yes n No this well? this well? n Yes F1 NoJfyes, provide the variance tracking number (TN) Well No. 2 - if the property legal description has more than one section, township, or range number; quarter (or government Jot); or lot or block number; provide specific legal description information regarding the physical location of this well. County Quarter (or Government Lot) Lot No, I Block No. I Addition Name Outlot I Tract MN Unique Well No. or Sealing Record No. Well Status (Cheek only one box.) Well Is: 0 In Use (1) 0 Not in Use (2) 0 Sealed by Licensed Well Contractor (3)*Call MDH to verify sealing record is on file. If the well has been sealed by someone other than a licensed well contractor or a licensed well sealing contractor, cheek the well status as not in use. Also see "Important Note" on page 1. Date of Well Construction or Sealing Name of Licensed Well Contractor If well is not inuse, is there an MDH variance for this well?F1 Yes n No well is not in use, is there an MDH maiance permit for this well? E] yes El NoIf yes, provide the tracking number (TN): If yes, provide the permit number: Sketch Map — Sketch the location of the well(s) and include estimated distances from roads, streets, and buildings. If more than one well on property, use the well location number above to identify each well. The location of the well(s) must be provided. If the location of a well is not known, have the well located by a person qualified to locate wells, such as a licensed well contractor. Information provided on this form is classified as public information under Minnesota Statutes, chapter 13. To request this document in another format, call 651-201-4600. MDH Well Management Section,L&Lliscbsure/property Transfer (www.health.state.mnus/divs/elilwells/disclosures)HE-01387-13 origs\well disclosure certificate-instructions 7/27/2015R Section No. I Township No. f Range MINNESOTA DEPARTMENT OF HEALTHWELL OR BOflIWE LOCATION Mk,nOSOIa Well arid Boring [H 163252Countli Name WELL AND BORING SEALING RECORD Minnesota Statutes, Chapter 1031 MlnotaUalqueVMlNo or W-SSIleS NoHENNEPINi Townatrin Name I Township NO.Range No.1 Section No.Emotion ism- .(Date Seated Dale Well Or bowing Constructed 8R004(LVNC4T 119 21 34 r.SW iSE r,Ttsedey, Jsnuezy 18.2000 Numancel Street Address or Fire Number and dry of Well or Bonny Location 3600 GIST AVENUE NORTH Depth Before SeaSrip ft.Original Depth Show enact tOo/ben 01 well or boring Shelter map of well or boring AOUIFER{S)STATIC WATER LEVEL in section gildwith 'X'RSCOIIDO. SliOWViQ property 3 Single Aqinlor 0 Mollragurlerlirres, roads and buildings.WELL/BORING -.1 Measweo 0 Estimated WrOU DMOM WellFT+T+li+H D 0 Eev.BoretIole Dairrar________ft. below 0 nbouetandsurleceN __ uOii - Property ewrr.rs marteg address r rlfcerenr than Wl tocarles £dthess rrrdrcured above 3600 GIST AVENUE NORTH BROOKLYN CENTER, MN 5542 Sh.el 0P1551 ,c On/n C]OW00 CMIHO{8) Diameter Depth Set in oversize hole?Mou/Ef apace tritely growled? in from 0 to 8 It 0 Yes No 0 yes C] No 0 LloKnSmr in. from _______ to _______II 0 Yes 0 No 0 \'oo 0 No 0 UnhtnOwit in (runt _______ to _______It 0 Yes 0 No 0 Yes 0 No 0 Unknown ____ ____ ____Screen Irons 38_________ ra _________ ft Open Hole from _________ to _________ It. WELLOWNES NAME Rods/Drop Pipe 0 Clinch Vitro(s) 0 Debris 0 Fit []No Obstruction Well 0--Wo maSimrg i/dma it thttamnt than nippaty owrseep addrewi Irolicated above. 1e of Olrnlrrrchi000 (Donor/be) Rcmed 21 'X I" Oq PIpe And Jet P. Obotrucliens removed? Yes 0 No Describe PUMP Type Dee4lWeJetPunpAnd. Gaon Tank- GEOLOOICAL FROM TO Removals 0 Not PtW* 0 other___________ I I FORMATION It tavern' iva .raenesse tsrmaaur, tug tree, rreert,y - METHOD USED TO UAL ANNULAR SPACE BETWEEN 2 CASINGS, OR CASING AND EONS HOLE: XJ ytrrenaoearSpace Sit/bra O Annular space grooted win bansiapipe o Caning Parfot*ton/Rensoeal hi (rem__________ __________ II. 0 Perioreind 0 Removedto 'IlaType of perforator in. from to II 0 Perforated 0 Rwrnrsncd GROUTING MATERIAL(S) (One ttagr of cement e £4 be, ue%o bag of bailontt. • SO War) Ned Coned 0 .5 00004 ______ - Groulirrg Mated/I Irons ______ to Ii yrrmris bogs Env)ropkq 5 30 0.03 from - to ______ ft. yards bags 0 from to ___ hi yards bags Irons to ____ It. yards bags KL SOURSE OF DATA, DWPICULIES Ed SEALING Locthd In Pwnp Room On VVW SM O(8.nw4 Depth Mered Fmm Top Of Ce*Ø 6! BOW Gesda Other unsealed and Waged wtit or boring on xoperty? 0 Yen Po No How many? LICENSED OR REQ/STEREO CONTRACTOR CERTIFICATION Tide well or bodny was aa In a000rdaige with Minnesota Fir/at, Ctrepter 4725. The intorrnatbon rssotabred In Its/b report it Into to the be/I CI my knOwledge. Malenke Water 27600 (.rrmernn,fl,rohreeNrerss 1" .. jl .i'7/") LieeoR.r*Itw*eiIbO. Myron Malenke 18,2000 119 21 43 0051 IMU54. Dim.OALThOOPY f H 163252 I PerneeSea/IiWaJBonrg HE45 I423 4199R EDA Item 4.A Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (3600 - 61st Ave. N.) Background: •On January 25, 2016, the City Council approved the site and development plans for the Sanctuary at Brooklyn Center, a senior housing project of 158 affordable assisted care units on the 4.5 acre site adjacent to 3600 - 61st Ave. N. •On February 8, 2016, the EDA approved a Tax Increment Development Agreement associated with the Sanctuary at Brooklyn Center which included provisions to fund the future acquisitions of 3600 and 3606 - 61st Avenue North. Purchase Agreement: •3600 - 61st Avenue North is a 13,715 sf. single family residential lot with 110 feet of frontage on 61st Ave. N. The residence is a 1955 rambler with 1,058 sf. on the main floor, a full basement, and a two car detached garage that has a 21x22 attached screened porch. •The fair market value of the property was based on Median Sales Price and Average Sales Price data reported through the month of November, 2015 by the Minneapolis Area Association of Realtors and conversations with our consulting assessors. •The agreement provides for a purchase price of $150,000 and includes the following provisions: ▫The closing is scheduled to occur within 60 days of the execution of the Purchase Agreement. ▫There are no real estate commission fees involved in this transaction. ▫The seller is responsible for any deferred or delinquent real estate taxes or utilities. ▫The Seller is responsible for all pending and levied special assessments. ▫The real estate taxes allocable to the Premises that are due and payable in the year of the closing shall be prorated between the Seller and Buyer to the closing date. Budget Issues: •The initial fund source for the acquisition of this property is proposed to be the TIF-3 Housing Fund with EDA having the option of reimbursing this acquisition from either TIF-4 or the pending TIF-6 “pay-as-you-go” (PAYG) note associated with the Sanctuary at Brooklyn Center Senior Project. •The use of either TIF-4 or TIF-6 funds does include affordability criteria, which is more restrictive than the TIF 3 Housing Fund requirements. •Prior to pursuing a future reimbursement from either of these two funding sources, the EDA will consider redevelopment options that are compatible and complement both the residential neighborhood and the adjacent senior housing project. Recommendation: Motion to adopt the Resolution Authorizing the Acquisition of Property to Facilitate Neighborhood Improvements and Redevelopment Opportunities within the Brooklyn Boulevard Corridor (3600 - 61st Ave. N.)