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IP #811PROJECT NO. 811 7601, 7621, and 7641 62nd Avenue North EDA Item 4 10/23/06 Update regarding the potential redevelopment of the city -owned parcels at 7601, 7621, and 7641 62nd Avenue North (improvement project no. 811) EDA Item 4 12/11/06 Update regarding the potential redevelopment of the city -owned parcels at 7601, 7621, and 7641 62nd Avenue North and motion approving First Amendment to Interim Agreement (improvement project no. 811) EDA Item 4 01/08/07 Update regarding the Northgate market study and possible involvement/participation in the project by Northwest Community Revitalization Corporation (NCRC) (improvement project no. 811). EDA requested review of revised site plan prior to expending city funds for financial analysis by Krass Monroe. EDA Item 4 2/12/07 Update regarding the Northgate project, its financial feasibility and request to terminate interim agreement (improvement project no. 811). Terminate agreement o , IL HL Request for Action Originating Department Approved for Agenda Agenda Section EDA Community Development August 28, 2006 Item No. By: Kirk McDonald, Director CD Curtis Jacobsen, CD Specialist B y; ' 4 Kim Berggren, CD Assistant Resolution approving interim agreement with Delkar, LLC for the city -owned parcels at 7601, 7621, and 7641 62nd Avenue. Requested Action Staff requests that the Economic Development Authority (EDA) review the attached interim agreement, which would authorize an exclusive negotiation period with Delkar, LLC for the redevelopment of the city - owned vacant lots along 62nd Avenue, as well as a cost sharing agreement. The current owner of the Swift Gas Station, located at the corner of 62nd Avenue and West Broadway (6113 West Broadway), has requested to incorporate the three vacant city -owned lots (7601, 7621, and 7641 62nd Avenue) into the redevelopment of the gas station site. Policy /Past Practice Strategic goal number 3 in the 2006 City Plan is to encourage maintenance, redevelopment, and reinvestment of existing properties to improve the tax base. The Comprehensive Plan, Planning District No. 2, says; "The medium density housing located along 62nd Avenue, between Winnetka Avenue and West Broadway, has been identified as a redevelopment target area. The poor building and site conditions associated with this medium density use are a negative influence on the low density neighborhood to the south. Aggressive area redevelopment is suggested. Due to the limited site and configuration of the site, it is recommended that a reduction in density from its present condition be made. Medium density residential land uses consisting of twin homes or townhomes with attached garages would be an appropriate option." Background The city acquired the three properties in 1998, and land banked the properties with the intent of redeveloping the site with medium density housing, possibly townhomes. The city has not actively pursued redevelopment opportunities on the site due to the number of other redevelopment projects that have taken place in the city over the past several years. Motion by Second by w To: / Ji I: \RFA \PLANNING \PLANNING \Q - 62nd Ave Swift Station -Anwar Karim- Interium agreement.doc Request for Action, page 2 of 3 August 28, 2006 The Swift Gas Station, located adjacent to the city -owned parcels at the southwest corner of 62nd and West Broadway (6113 West Broadway), was damaged in a 'smash and grab' robbery in May of this year and is currently closed. The operator is not interested in continuing operation at the site and the owner is interested in the possibility of redeveloping the site. At the July 24, 2006, City Council meeting, a general concept proposal for a mixed -use development was presented to the City Council and the redeveloper was present to provide comments. The Council indicated a willingness to consider a proposal for the city's lots, and suggested that staff continue to work with the redeveloper on an agreement for preliminary negotiations. Subsequent to the Council meeting, the city manager and community development staff met with the redeveloper to discuss several concerns, including the building height, the need for a market study, and the desire for a plan that includes additional properties to the west along 62nd Avenue. In follow -up to that meeting, staff prepared a draft interim agreement, which attempts to require the developer to address some of these issues through the planning process. At the redeveloper's request, staff and the redeveloper met again on August 17 and August 22, 2006, to review details of the interim agreement and make minor adjustments. At those meetings, staff discussed the city's concern about the future success of retail in the 62nd Avenue area, and suggested that the redeveloper consider whether or not medium density housing, such as quality owner- occupied townhomes, would be more appropriate for the site. The redeveloper expressed a general willingness to examine several options for redevelopment of the site, including townhomes. At the August 22 meeting, the redeveloper indicated his support for the revised agreement (attached). The interim agreement is similar to the agreements that were prepared for the redevelopment of the Bass Lake Road Apartments site, but was drafted by staff without the assistance of Krass Monroe, the city's financial consultant. The agreement includes the following items of note: 1. The redeveloper must complete a series of steps toward developing a complete proposal for the EDA's consideration including: a. Submit information about its qualifications and members of development team; and b. Provide a timely market study; and c. Develop a preliminary concept plan that includes the following properties: 7761, 7741, 7721, 7701, 7661, 7641, 7621, 7601 62nd Avenue and 6113 West Broadway. Indicate ability to acquire included properties voluntarily; and d. Demonstrate that elements of the proposed project, such as building height, materials, landscaping and setbacks, are appropriate for the site, and that the site plan adequately addresses parking, traffic circulation, and screening; and e. Conduct any analysis it deems necessary of the environmental and geotechnical condition of the site and the economic feasibility of the proposed redevelopment; and f. Host a community open house; and g. Submit a construction pro forma, review of market values and such other financial information. Request for Action, page 3 of 3 August 28, 2006 2. The city and redeveloper would share the costs of the city's redevelopment /financial consultant, Krass Monroe, with a budget not to exceed $5,000 ($2,500 each); and 3. The redeveloper must submit a $500 fee and $2,500 deposit for the negotiation period. The deposit is a deviation from the city's standard $5,000 deposit requirement. The deposit amount is based on the expected consultant expenses, which are capped at $2,500 for the redeveloper per the agreement. 4. If the development does not move forward, the city would receive copies of the market analysis and soil and engineering reports; and 5. The agreement expires on December 15, 2006, or the city can terminate it if the redeveloper does not meet the requirements and deadlines outlined in the agreement. Funding If authorized by the EDA, EDA funds would be used to cover costs described in the cost sharing section of the interim agreement. Recommendation/Next Steps If the EDA continues to support the proposed redevelopment of the city -owned parcels along 62nd Avenue, then staff recommends approval of the attached resolution approving an interim agreement with Delkar, LLC. The EDA can certainly make adjustments to the attached interim agreement prior to adoption. Staff believes that this agreement offers an opportunity for the city to study the possibility of redevelopment of the city -owned parcels along 62nd Avenue, without incurring significant expenses. If the EDA approves the interim agreement, staff will continue to work with the redeveloper, per the agreed upon conditions and timeline. Attachment(s) Property information • Map • Summary table Resolution 0 Interim agreement City of New Hope EDA Resolution No. 2006 -06 Resolution approving interim agreement with Delkar, LLC for the city -owned parcels at 7601, 7621, and 7641 62nd Avenue. WHEREAS, the 62nd Avenue Redevelopment site (the "Site ") consists of approximately 0.86 acres of land with three tax parcels at 7601, 7621, and 7641 62nd Avenue North. The site is vacant land owned by the city of New Hope; and WHEREAS, the Economic Development Authority of the city of New Hope (the "Authority ") desires for the vacant site to be developed. as market -rate for -sale housing or mixed use development; and WHEREAS, Delkar, LLC (the "Redeveloper ") is proposing to include the site in the redevelopment of 6113 West Broadway (the "Project ") and has requested that the Authority negotiate exclusively with the Redeveloper while the Project is being studied; and WHEREAS, an Interim Agreement (the "Agreement ") was drafted, which outlines responsibilities, cost sharing arrangements, and associated deadlines related to an exclusive negotiation period between the Authority and the Redeveloper; and WHEREAS, the Authority is willing to negotiate exclusively with the Redeveloper until December 15, 2006, provided that deadlines for certain milestones described in the Agreement are met. NOW, THEREFORE, BE IT RESOLVED, by the Economic Development Authority of the city of New Hope, Minnesota, that the Econoric Development Authority approves the Interim Agreement (Attachment A) with Delkar, LLC, for the redevelopment of the city owned parcels at 7601, 7621, and 7641 62nd Avenue North. Adopted by the Economic Development Authority, of the city of New Hope, Hennepin County, Minnesota, this 28th day of August, 2006. .Attest: Executive Director 1 4 res4dent J Attachment A INTERIM AGREEMENT This INTERIM AGREEMENT entered into effective the O day of ZZ , 2006 by and between the Economic Development Authority in and for the City o New Hope, Minnesota, a Minnesota public body corporate and politic (the "Authority ") and Delkar, LLC (the "Redeveloper "). WHEREAS, The 62 Avenue Redevelopment site (the "Site ") consists of approximately 0.86 acres of land with three tax parcels at 7601, 7621, and 764162 nd Avenue North. The Site is vacant land owned by the city of New Hope. WHEREAS, the Authority desires for the vacant Site to be developed as market -rate for - sale housing or mixed use development. WHEREAS, the Redeveloper is proposing to include the Site in the redevelopment of 6113 West Broadway Avenue (the "Project ") and has requested that the Authority negotiate exclusively with the Redeveloper while the Project is being studied. WHEREAS, the Authority is willing to negotiate exclusively with the Redeveloper until December 15, 2006, provided that deadlines for certain milestones described below are met. NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby agree as follows: 1. Interim Nature of Agreement The Authority and the Redeveloper agree that this Agreement is intended to be preliminary in nature. Before the Authority and the Redeveloper can make a decision on whether to proceed with the Project, it will be necessary to assemble and consider information relating to the economics, site assembly, phasing, environmental remediation and other aspects of the Project. The purpose of this Agreement is to allow the Redeveloper an opportunity to assemble such information, to prepare a preliminary concept plan and to negotiate with the Authority concerning the approval of a term sheet (the "Term Sheet ") with a view to eventual execution of a contract for private redevelopment (the "Redevelopment Agreement ") which will set forth the rights and responsibilities of the Authority and the Redeveloper with respect to the Project. 2. Undertakings of the Redeveloper (a) By October 16, 2006, the Redeveloper will complete the following: ■ Submit to the city information about its qualifications and documentation showing examples of involvement in other similar redevelopment projects; and ■ Identify members of development team including the architect, engineer, and builder; and ■ Provide a timely market study related to the proposed housing, retail, and/or office products; and ■ In consultation with the Authority, the City, and City residents, develop a preliminary concept plan that includes the following properties: 7761, 7741, 7721, 7701, 7661, 7641, 7621, 7601 62" Avenue and 6113 West Broadway. Indicate ability to acquire included properties voluntarily; and ■ Demonstrate that elements of the proposed project, such as building heights, materials, landscaping and setbacks, are appropriate for the site, and that the site plan adequately addresses parking, traffic circulation, and screening; and ■ The Redeveloper, at its own expense, shall conduct any analysis it deems necessary of the environmental and geotechnical condition of the Site and the economic feasibility of the proposed redevelopment. (b) By November 20, 2006 the Redeveloper shall: ■ Host a community open house to present project plans and solicit feedback from the neighborhood; and ■ Submit a construction pro forma, review of market values and such other financial information as the Authority may request in order to assess the feasibility of the project and determine the price to be paid by the Redeveloper to the Authority for the land. (c) By December 15, 2006 the Redeveloper shall: ■ Obtain Authority approval of a term sheet or letter of intent. (d) During the term of this agreement, the redeveloper shall also: ■ Present monthly progress reports to City Council, if requested; and ■ If the Redeveloper determines that the Site is not economically feasible to develop, the Redeveloper shall deliver to the Authority for its unrestricted use at no cost to the Authority all work product, market analysis, architectural and engineering reports, construction budget, research materials and other documentation produced for the Site. 3. Undertakings of the Authority. (a) The Authority agrees to cooperate with the Redeveloper in the Redeveloper's undertakings, and agrees that during the term of this Agreement 2 the Authority will not negotiate with any third party in connection with redevelopment of the site. (b) The Authority will take the following actions: • By November 20, 2006, determine the Authority's and the City's willingness to amend its comprehensive plan and zoning to accommodate the proposed project, if necessary; and • Through December 15, 2006, negotiate the Term Sheet with the Redeveloper. 4. Responsibility for Costs and Redeveloper Deposit (a) During the term of this agreement, the Authority and the Redeveloper agree to split equally fees incurred by the Authority's redevelopment Council, Krass Monroe. The budget for these costs is not to exceed $5,000. If the Authority and the Redeveloper agree, the budget for these costs can be increased with an addendum to this Agreement. (b) The city shall be responsible for the fees and costs of city consultants as a result of this agreement including the city engineer, Bonestroo Rosene Anderlik & Associates; the city attorney, Jensen & Sondrall, P.A.; and the city planner, Northwest Associated Consultants. (c) The Redeveloper shall be responsible for: (1) fees and costs of its counsel and consultants such as financial, engineering, and architectural services; and (2) the cost of any predevelopment activities such as environmental analyses, soil borings, market studies, or surveys performed by the Redeveloper. (d) Upon execution of this Agreement, the Redeveloper shall pay a non- refundable fee of $500.00 to the Authority. The Redeveloper shall also make an initial deposit of $2,500.00 to be applied by the Authority to reimburse costs and fees incurred by the Authority for which the Redeveloper is responsible under this Paragraph 4. The Redeveloper shall replenish this deposit when the balance falls below $500.00 upon request by the Authority. (e) In accordance with City policy, the Redeveloper will pay all normal and customary City fees associated with the plan review and approval process. 5. Term of Agreement This Agreement for exclusive negotiations shall be binding upon the parties until December 15, 2006, unless terminated sooner by the Authority for the Redeveloper's failure to timely comply with any of the deadlines set forth in this agreement or by mutual agreement of the parties. 3 6. City and Authority Use of Work Product If the Redeveloper decides not to proceed with redevelopment of the Site, the Redeveloper shall make the market analyses and soil and engineering reports available at no cost to the City and the Authority for their unrestricted use. IN WITNESS WBEREOF, the parties have caused this Agreement to be duly executed in each of their names as of the date first above written. (signature pages follow) 0 ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA Authority Signature Page — Interim Agreement Delcari, LLC By: Its: i ' C Redeveloper Signature Page — Interim Agreement Q 62.5 125 250 Feet =0 62nd Avenue Properties Last sale Property Acres Est. Land Value Est. Building Value Total Market Value Year built Owner Date Price 6113 West Broadway 0.53 225,000 75,000 300,000 1969 AAK Inc Jun -99 285,000 7601 62nd Ave N 0.28 vacant city of New Hope May -98 140,000 7621 62nd Ave N 0.29 vacant city of New Hope Jan-981 118,900 7641 62nd Ave N 0.29 vacant city of New Hope May -98 111,000 7661 62nd Ave N 0.29 100,000 262,000 362,000 1961 TODD N HANDELAND Jan -96 119,000 7701 62nd Ave N 0.36 126,000 226,000 352,000 1962 ROSS G TAORMINA May -01 1,070,000 7721 62nd Ave N 0.36 126,000 226,000 352,000 1962 ROSS G TAORMINA Feb -84 181,250 7741 62nd Ave N 0.34 126,000 226,000 352,000 1962 ROSS G TAORMINA Feb -84 181,250 7761 62nd Ave N 0.39 126,000 226,000 352,000 1962 ROSS G TAORMINA Feb -84 181,250 6108 62nd Ave N 1 0.431 10,000 1 86,000 1 96,000 1977 UYET DO Jul -05 264,500 TOTAL 1 3.551 EDA Originating Department Community Development Approved for Agenda December 11, 2006 Agenda Section EDA Item No. By: Kirk McDonald, Director CD Curtis Jacobsen, CD Specialist I By: Kim Berai4ren, CD Assistant 4 Update regarding the potential redevelopment of the city -owned parcels at 7601, 7621, and 7641 62nd Avenue and motion approving First Amendment to Interim Agreement (Improvement Project No. 811) Requested Action Staff requests to update the Economic Development Authority- (EDA) on the developer's progress related to the proposed redevelopment of the city -owned parcels at 7601, 7621, and 7641 62nd Avenue and recommends approval of a motion approving the First Amendment to Interim Agreement. Per the interim agreement adopted on August 28, 2006, the current owner of the Swift Gas Station, located at the corner of 62nd Avenue and Nest Broadway (6113 West Broadway), is working on plans to incorporate the three vacant city -owned lots and the five properties to the west of the city -owned lots into the redevelopment of the gas station site. Policy /Past Practice Strategic goal number 3 in the 2006 City Plan is to encourage maintenance, redevelopment, and reinvestment of existing properties to improve the tax base. Background At the October 23, 2006, Economic Development Authority (EDA) meeting an update on the project was given and the EDA generally supported the continuing effort by the developer and the city staff to work through the items in the interim agreement with Delkar, LLC, for the redevelopment of the city -owned vacant lots along 62nd Avenue, and to amend the interim agreement and timeline accordingly. Staff has continued to work with the redeveloper on the proposed project. The project intent is to redevelop the area from 6113 West Broadway to 7761 62nd Avenue into a townhome project. The EDA directed the developer to include the El Dorado Apartments and the additional 4 -plex in the ect area. Motion by yt �� I Second by FRO 1 I:\RFA \PLANNING \PLANNING \Q - 62nd Ave Swift Station -Anwar Karim - update Dec 11 .doc Request for Action, Page 2 of 2 December 11, 2006 Per the EDA meeting on October 23, 2006, the developer has been asked to obtain a professional market study and to work toward agreement with the owner of El Dorado Apartments on the sale of that property and also the adjacent 4 -plex. The developer has met with two marketing firms. The developer has reached agreement with the McComb Group, Ltd. to conduct a site specific market study for the site on 62nd Avenue, The McComb Group has told the developer that they would have a completed market study by December 15, 2006. The developer has continued to meet with the owner of El Dorado Apartments and the owner of the four -plex regarding acquisition of their property and both have expressed a willingness to sell their property if offered a fair price. Both of the rental property owners are currently experiencing vacancies at unacceptable levels. Therefore, while some of the steps outlined in the agreement that are required of the developer are taking longer than anticipated to accomplish, the developer is following through on their commitments and staff recommends that the city continue to work with the developer. Recommendation /Next Steps As described in the amended interim agreement, by April 15, 2007, the Redeveloper is to complete the following: 1. By December 15, 2006, the Redeveloper will complete the following: • Provide a current site specific market study related to the proposed housing products; and 2. By February 15, 2007, the Redeveloper shall: ■ Indicate ability to acquire additional properties voluntarily; and ■ Submit a construction pro forma, review of market values and such other financial information as the Authority may request in order to assess the feasibility of the project and determine the price to be paid by the Redeveloper to the Authority for the land. 3. By March 15, 2007, the Redeveloper shall: • Complete financial analysis with Krass Monroe and Authority 4. By April 15, 2007, the Redeveloper shall: • Host a community open house to present project plans and solicit feedback from the neighborhood; and ■ Obtain Authority approval of a term sheet or letter of intent. 5. During the term of this agreement, the redeveloper shall also: Request for Action, Page 3 of 2 December 11, 2006 ■ Present monthly progress reports to EDA, if requested; and ■ If the Redeveloper determines that the Site is not economically feasible to develop, the Redeveloper shall deliver to the Authority for its unrestricted use at no cost to the Authority all work product, market analysis, architectural and engineering reports, construction budget, research materials and other documentation produced for the Site. Undertakings of the Authority 1. The Authority agrees to cooperate with the Redeveloper in the Redeveloper's undertakings, and agrees that during the term of this Agreement the Authority will not negotiate with any third party in connection with redevelopment of the site. 2. The Authority will take the following actions: • By March 15, 2007, determine the Authority's and the City's willingness to amend its comprehensive plan and zoning to accommodate the proposed project, if necessary; and • Through April 15, 2007, negotiate the Term Sheet with the Redeveloper. Summary No funds have yet been expended with Krass Monroe on a financial analysis. It is staffs intent that the following EDA updates would be presented the first part of 2007: • February EDA meeting — present results of market study and discuss agreements with property owners. • April EDA meeting — present results of financial feasibility. • May EDA meeting — present results of community open house. Attachment(s) • Interim agreement o Addendum /amended timeline • Engagement Letter McComb Group, Ltd. • Map • Proposed site plan First Amendment INTERIM AGREEMENT This INTERIM AGREEMENT first entered into and effective the 28th day of August, 2006, by and between the Economic Development Authority in and for the City of New Hope, Minnesota, a Minnesota public body corporate and politic (the "Authority ") and Delkar, LLC (the 'Redeveloper "). WHEREAS, The 62nd Avenue Redevelopment site (the "Site ") consists of approximately 0.86 acres of land with three tax parcels at 7601, 7621, and 7641 62nd Avenue North. The Site is vacant land owned by the city of New Hope. WHEREAS, the Authority desires for the vacant Site to be developed as market -rate for - sale housing or mixed use development. WHEREAS, the Redeveloper is proposing to include the Site in the redevelopment of 6113 West Broadway Avenue (the "Project ") and has requested that the Authority negotiate exclusively with the Redeveloper w =hile the Project is being studied. WHEREAS, the Authority at the October 23, 2006, EDA meeting was generally supportive of the concept presented by the Redeveloper and directed that staff update the Authority in December and amend the current agreement and timeline; and WHEREAS, the Authority is willing to negotiate exclusively with the Redeveloper until May 15, 2007, provided that amended deadlines for certain milestones described below are met. NOW, THEREFORE, in consideration of the premises and mutual obligations of the parties contained herein, each of them does hereby agree as follows: 1. Interim Nature of Agreement The Authority and the Redeveloper agree that this Agreement is intended to be preliminary in nature. Before the Authority and the Redeveloper can make a decision on whether to proceed with the Project, it will be necessary to assemble and consider information relating to the economics, site assembly, phasing, environmental remediation and other aspects of the Project. The purpose of this Agreement is to allow the Redeveloper an opportunity to assemble such information, to prepare a preliminary concept plan and to negotiate with the Authority concerning the approval of a term sheet (the "Term Sheet ") with a view to eventual execution of a contract for private redevelopment (the `Redevelopment Agreement ") which will set forth the rights and responsibilities of the Authority and the Redeveloper with respect to the Project. 2. Undertakings of the Redeveloper G: \CommDev \Curtis \Misc Housing \ amended Interim Agree for city owned parcels at 62nd Ave.doc (a) By December 15, 2006, the Redeveloper will complete the following: ■ Provide a current site specific market study related to the proposed housing products; and (b) By February 15, 2007, the Redeveloper shall: • Indicate ability to acquire additional properties voluntarily; and • Submit a construction pro forma, review of market values and such other financial information as the Authority may request in order to assess the feasibility of the project and determine the price to be paid by the Redeveloper to the Authority for the land. (c) By March 15, 2007, the Redeveloper shall: ■ Complete financial analysis with Krass Monroe and Authority. (d) By April 15, 2007, the Redeveloper shall: ■ Host a community open house to present project plans and solicit feedback from the neighborhood; and ■ Obtain Authority approval of a term sheet or letter of intent. (e) During the term of this agreement, the redeveloper shall also: • Present monthly progress reports to City Council, if requested; and ■ If the Redeveloper determines that the Site is not economically feasible to develop, the Redeveloper shall deliver to the Authority for its unrestricted use at no cost to the Authority all work product, market analysis, architectural and engineering reports, construction budget, research materials and other documentation produced for the Site. 3. Undertakings of the Authority. (a) The Authority agrees to cooperate with the Redeveloper in the Redeveloper's undertakings, and agrees that during the term of this Agreement the Authority will not negotiate with any third party in connection with redevelopment of the site. (b) The Authority will take the following actions: G: \CommDe -,- \Curtis \Misc Housing \amended Interim AZree for city owned parcels at 62nd Ave.doc • By March 15, 2007, determine the Authority's and the City's willingness to amend its comprehensive plan and zoning to accommodate the proposed project, if necessary; and • Through April 15, 2007, negotiate the Term Sheet with the Redeveloper. 4. Responsibility for Costs and Redeveloper Deposit (a) During the term of this agreement, the Authority and the Redeveloper agree to split equally fees incurred by the Authority's redevelopment Council, Krass Monroe. The budget for these costs is not to exceed $5,000. If the Authority and the Redeveloper agree, the budget for these costs can be increased with an addendum to this Agreement. (b) The city shall be responsible for the fees and costs of city consultants as a result of this agreement including the city engineer, Bonestroo Rosene Anderlik & Associates; the city attorney, Jensen & Sondrall, P.A.; and the city planner, Northwest Associated Consultants. (c) The Redeveloper shall be responsible for: (1) fees and costs of its counsel and consultants such as financial, engineering, and architectural services; and (2) the cost of any predevelopment activities such as environmental analyses, soil borings, market studies, or surveys performed by the Redeveloper. 6. City and Authority Use of Work Product If the Redeveloper decides not to proceed with redevelopment of the Site, the Redeveloper shall make the market analyses and soil and engineering reports available at no cost to the City and the Authority for their unrestricted use. IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in each of their names as of the date first above written. G:\CommDev\ Curtis \ Misc Housing \ amended Interim Agee for city owned parcels at 62nd Ave.doc ECONOMIC DEVELOPMENT AUTHORITY IN AND FOR THE CITY OF NEW HOPE, MINNESOTA By: President By: Executive Director Delkar, LLC By: Its: Date: Date: (Date of Amendment) (Date of Amendment) G: \CommDev \Curtis \Misc Housing \ amended Interim Agree for city owned parcels at 62nd Ave.doc November 28, 2006 Mr. Anwar Abdel -Karim 5400 Matterhorn Drive Fridley, Minnesota 55432 Dear Mr. Abdel- Karim: In response to a request from Frank Drake, we have prepared an engagement letter to conduct market research for a 36 -unit townhouse development at 62 and West Broadw=ay in New Hope, Minnesota. WORK PROGRAM The work program described below contains descriptions of the work tasks to determine market potential for townhomes at the proposed site. Specific work tasks include: ♦ Site Evaluation The proposed development site will be inspected to evaluate its physical characteristics and suitability for residential development. Factors to be considered include, but are not limited to: location, size, physical characteristics, and relationship to other uses in the area. ♦ Market Area The market area for the proposed townhome development will be identified. The market area will be determined based on community size, geography, and McComb Group experience. Demographic characteristics and trends in the market area will be analyzed to determine housing demand including population, household growth, household income, building permits, and other factors that support housing demand. ♦ Residential Homes Sales Residential homes sales in the market area will be evaluated including average and median sales prices, number of units sold, and other pertinent data. The results of our work will be documented in a final report designed to meet client needs. The report will contain appropriate graphics, tabular information, and summary of principal findings, conclusions and recommendations. Mr. Anwar Abdel -Karim November 28, 2006 Page 2 QUALIFICATIONS AND EXPERIENCE McComb Group, Ltd. is a full- service retail and real estate consulting firm specializing in market research and financial feasibility. The firm has extensive experience in the retail industry and has conducted market research for retail stores and shopping centers of all types including regional malls, community centers and specialty centers. McComb Group, Ltd. has a team that is qualified to conduct the research described in this proposal. McComb Group's professional staff associated with this engagement includes the following: ♦ James B. McComb, President, founded the predecessor of McComb Group in 1974 following six years as a member of the corporate staff with Dayton Hudson Corporation. His experiences at Dayton Hudson and daily association with merchants and shopping center developers provided the impetus for McComb Group's approach to shopping center and retail market research and financial feasibility, which includes strong elements of design and merchandise sensitivities. The firm's approach to shopping center research and marketing has undergone continuous development and refinement over the past 20 years. ♦ William A. Gorton, Executive Associate, has over 25 years experience developing supermarkets and retail shopping centers, representing supermarket chains as well as prominent independent supermarket owners. Mr. Gorton provides advice and assistance related to real estate development, leasing and contract negotiations, business acquisitions, project management, sales forecasting, site evaluation and market analysis, financing, capital planning, financial forecasting, business planning, strategy development, business development and the marketing of programs and services. Mr. Gorton has provided these services while employed by Fairway Foods, Inc., subsidiary of Holiday Stationstores, Inc.; Kohl's Food Stores, Inc., subsidiary of the Great Atlantic & Pacific Tea Company; SuperValu, Inc.; Loblaw's, Inc.; and Stearns Bank N.A. St. Cloud, MN. He received a JD from William Mitchell College of Law and is a member of the Minnesota State Bar Association. ♦ Linda Oie, Senior Associate, conducts market research, demographic and consumer analysis for client engagements. Ms. Oie manages the firm's geographic information systems (GIS) and demographic databases using a variety of computer platforms and proprietary software. Prior to joining McComb Group, Ms. Oie was employed as Marketplace Information Manager at SuperValu, Inc. Her responsibilities included conducting strategic consumer - based analysis of existing and prospective supermarkets, profiling SuperValu customers, and delineating trade areas for existing and proposed stores. ♦ Susan Nache, Consultant, performs market research, demographic analysis, and Mr. Anwar Abdel -Karim November 28, 2006 Page 3 consumer research tasks. Ms. Nache conducts consumer research analysis and cross - tabulation on McComb Group's survey processing software; and is familiar with software programs used by McComb Group for financial feasibility and statistical analysis. Mr. McComb will be responsible for managing and directing the overall research program and will participate directly in findings and conclusions. Individual work tasks will be assigned to personnel within the firm based on qualifications and experience. 1 The professional fees for the services and expenses outlined in this proposal total $3,800 and will be performed at a price not -to- exceed that amount. The budget is based on the amount of time required to perform the work tasks and our normal hourly billing rates of $250 for principals, $190 for executive associates, $150 for senior associates, $100 for associates, and $75 -$100 for consultants. Company policy requires a retainer of approximately one half the estimated budget for the project or $1,900. The retainer will be applied to the final invoice as a credit for billing of professional services and expenses. The remaining $1,900 will be due upon delivery of the final report. Standard billing terms are net ten days. A finance charge of 1.5 percent will be charged on all unpaid balances outstanding more than 30 days. This proposal was prepared with the understanding that the results of our work will be submitted to the City of New Hope in support of its development application. Our report will be prepared for that purpose and will be subject to the following qualifications: ♦ Our analysis will not ascertain the legal and regulatory requirements applicable to this project, including zoning, other state and local government regulations, permits and licenses. No effort will be made to determine the possible effect on the proposed project of present or future federal, state or local legislation, or any environmental or ecological matters. ♦ Our report and analysis will be based on estimates, assumptions and other information developed from research of the market, knowledge of the industry and discussions with the client. Some assumptions inevitably will not materialize and unanticipated events and circumstances may occur; therefore, actual results achieved will vary from the analysis. ♦ Our analysis will not evaluate management's effectiveness or be responsible for future marketing efforts and other management actions upon which actual results are dependent. ♦ Our report will be intended solely for the purpose described above and should not be used for any other purpose without our prior written permission. Permission for other use of the report will be granted only upon meeting company standards for the proposed use. Mr. Anwar Abdel -Karim November 28, 2006 Page 4 These qualifications will be included in our final report. If the report is used for purposes other than specified above, we reserve the right to review the materials for proper use of our work. ACCEPTANCE PROCEDURES To indicate acceptance of the proposal, please sign a copy of the proposal and return it to us together with your check for the retainer as authorization to proceed with this engagement. We appreciate the opportunity to submit this proposal and look forward to hearing from you soon. If you have any questions concerning the proposal, please call me at (612) 339 -7000. Accepted By: McComb Group, Ltd. Company: Title: James B. McComb Date: President Page I of I -4� "A &%I% ***, 0M "ENNEPIN Provided B,: Hennepin County Taxpayer Services %vt IA� X 62nd Avenue North, New Hope, Minnesota 7520 46 776! 774 S 1 7, 7EX0 7641 7ti2 ant 13 ,032 i � - wffio 7540 7i "7740 U`�) '512 ......... . . 5 15 r AVL N t 'j72 5 GrI 3 f, we 0 3 77 t 7701 . .... .. . ......... a3 t6065 NE"N' W)PL iG 5 !A; . ... . .... .. .. 5048 &D 4 b . .. .. ..... U2 tio 9 j 604 0 604", 6041 6�34 0 Ir Yr1 0, 0 5 C, 1) '3 �0 32 033 6 9 z .. .. ....... . 4A24 5 02 2 4 A, ............ ...... 7,3 60 8 60 2 4 6025 Z� �0 7 D""09 i DW I 1 7 fjo o'ns I 'a :I 1 z Actlfi 62"M 6144, Vj.' 9 ra ,45 34 fa 7331 READ IMPCRICAN1' DISCLAIMER INFORMATION Pc , nwotc A 05-118-21-22-0032 442 ft. 12,206 sq.ft. = 0.28 acres 6073 QUEBEC AVE N NEW HOPE, MN 55428 $214,000 $2,739.34 'FhP data contained on this page is derived frcwn a compilation ,if records and maps and may contain discrepancies that can orily be dlsc.fosecl by an accurate sur'vey performied by a iicersed lano surveyor. The perimeter and area (square footage and acres) F e aDprtmmazes an m a i n rnay coa discrepancies. The informaUon on this page shoufd be used for referenre purposes only. Hz. nepin Couma.y does not gUararit:ee the accuracy of matenal herein contained and is not responsible for any inisuse or rni represcntahon of this inforrnaUon or its derivatives. http://wwwl 3.co.hennepin.mn.us/publicparcelimage/Print.aspx?CMD=INIT&IMAGELJRL=http://wAw1 12/5/2006 15 � m �R \ 4 \: « m /! \ - _ ) � \ , CL 11 LJ --- LLLLJ J I December 13, 2006 Anwar Karim 5400 Matterhorn Dr. Fridley, MN 55432 Dear Anwar Karim: Subject: Interim Agreement for 62 Avenue North As you. are aware, at its December 11, 2006 meeting, the New Hope Economic Development Authority (EDA) approved the amended interim agreement for an exclusive negotiation period related to the proposed redevelopment of the city-owned parcels at 7601., 7621, and 7641 62nd Avenue North. The amended interim agreement has incorporated numerous changes to the timelines for the project. As you know, the first deadline in the amended interim agreement is December 15, 2006. Enclosed for your signature are two copies of the amended interim. agreement. If staff can assist you in, any way, please contact Kim Berg-ren at 763-531-5196 or I can be reached at 763-531-513 Sincerely, Curtis Jacobsen Copnmuni 'L� Developn-,ent Special L Kirk McDonald Community Development Director Enclosure cc: Valerie Leone, project file Frank Drake 4401 Xvlon,Avenue North * New Hope, Minnesota 55428-4898� wwN'V. ci.new-hope.mn.us City Hall: 763-531-5100 t Police (non-emergency): 763-531-5170 t Public Works: 763-592-6777 TDID: 763-531-5109 ..it Hall Fax: 763- 36 - Police Fa,,,: 7"3- 531 -5174 * Public NA,`orks IF?­: 763-592-6776