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060820 EDA Meeting Packet EDA MEETING City Hall, 4401 Xylon Avenue North Monday, June 8, 2020 President Kathi Hemken Commissioner John Elder Commissioner Cedrick Frazier Commissioner Andy Hoffe Commissioner Jonathan London 1. Call to order – EDA Meeting of June 8, 2020 2. Roll call 3. Approval of Minutes:  April 27, 2020 4. Resolution approving contract with JACON LLC for hazardous material abatement, tree removal, demolition of site improvements, site grading, sewer lining, and water service valve replacement at 4215 Louisiana Avenue North (Improvement Project No. 1047) 5. Resolution approving sale of 3924 Utah Avenue North (Improvement Project No. 1020) 6. Adjournment EDA Meeting Page 1 April 27, 2020 City of New Hope 4401 Xylon Avenue North New Hope, Minnesota 55428 EDA Minutes April 27, 2020 Regular Meeting City Hall CALL TO ORDER President Hemken called the meeting of the Economic Development Authority to order at 7:50 p.m. ROLL CALL Present: Kathi Hemken, President John Elder, Commissioner Cedrick Frazier, Commissioner Andy Hoffe, Commissioner Jonathan London, Commissioner Staff Present: Kirk McDonald, City Manager Jeff Alger, Community Development Specialist Dan Boyum, City Engineer Rich Johnson, Director of HR/Admin. Services Beth Kramer, Communications Coordinator Valerie Leone, City Clerk Susan Rader, Director of Parks & Recreation Jeff Sargent, Director of Community Development Bernie Weber, Director of Public Works Stacy Woods, Assistant City Attorney APPROVAL OF MINUTES Item 3 Motion was made by Commissioner Elder, seconded by Commissioner Hoffe, to approve the minutes of February 24, 2020. All present voted in favor. Motion carried. 6027 WEST BROADWAY (IMPROVEMENT PROJECT NO. 1038) Item 4 President Hemken introduced for discussion EDA Item 4, Resolution approving purchase and redevelopment agreement with Novak-Fleck Incorporated for the sale of 6027 West Broadway (Improvement Project No. 1038). Mr. Jeff Alger, community development specialist, explained the Economic Development Authority (EDA) acquired the single-family home located at 6027 West Broadway for $141,000 in January of 2020, as part of the city’s scattered site housing program. According to Hennepin County tax records, it was the lowest valued single-family house in the city. The home was demolished in March of 2020 and the lot has been prepared for construction of a new single -family home. A Request for Proposals (RFP) marketing the lot was sent to more than 20 builders on March 4, 2020. The non-negotiable minimum lot sale price was set at $60,000 and builders were allowed the opportunity to submit a higher offer in order to make their proposal more competitive. The RFP stipulated that the proposed house “must be an owner-occupied, single-family home.” The occupancy requirement applies to the first buyer for period of two years. Proposals were due on March 23, 2020. The EDA received a total of four proposals (one design from Great Buy Homes and three designs from Novak-Fleck, Inc.). EDA Meeting Page 2 April 27, 2020 Mr. Alger stated staff reviewed the proposals with the city manager and selected the Wood Ridge design submitted by Novak-Fleck Inc. as the “preferred” proposal. The proposal includes the highest lot purchase price ($65,000), the highest projected sale price ($343,298), the most finished square footage (2,275), the most bedrooms (4) and bathrooms (3), and a three-stall garage. The proposed home features a split-level design with a high level of curb appeal, including cultured stone façade, board and batten siding, and front door sidelights. Mr. Alger illustrated the home design proposals. He stated the city has sold six lots to Novak-Fleck over the past five years. He stated it is anticipated that expenses associated with the project will be approximately $171,553.42. Revenue from the sale of the lot will be $65,000, resulting in an estimated loss of $106,553.42. The proposed improvements would result in a substantial increase in the taxable value of the property. If the lot were to be valued at $344,000 in 2021, approximately $229,000 in market value would be added to the property upon completion. Such a valuation would result in an estimated increase of $1,463.58, or 267.57%, in taxes payable to the city in 2022, as compared to taxes payable in 2020. He also reviewed the 30-year return on investment and 30-year internal rate of return for the project. Mr. Alger stated Dale Anderson, the realtor for the property, is available for any questions. The EDA did not have any questions for staff or the realtor. CLOSE HEARING Item 4 Motion was made by Council Member Elder, seconded by Council Member Hoffe, to close the public hearing. All present voted in favor. Motion carried. RESOLUTION 2020-04 Item 4 Commissioner Elder introduced the following resolution and moved its adoption “RESOLUTION APPROVING PURCHASE AND REDEVELOPMENT AGREEMENT WITH NOVAK-FLECK INCORPORATED FOR THE SALE OF 6027 WEST BROADWAY (IMPROVEMENT PROJECT NO. 1038).” The motion for the adoption of the foregoing resolution was seconded by Commissioner Hoffe, and upon vote being taken thereon, the following voted in favor thereof: Hemken, Elder, Frazier, Hoffe, London; and the following voted against the same: None; Abstained: None; Absent: None; whereupon the resolution was declared duly passed and adopted, signed by the president which was attested to by the executive director. ADJOURNMENT Motion was made by Commissioner Frazier, seconded by Commissioner Elder, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 8:01 p.m. Respectfully submitted, Valerie Leone, City Clerk I:\RFA\COMM DEV\2020\EDA\Scattered Site Housing\Q - 4215 Louisiana Ave N Demolition Contract 06-08-20.docx Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Alger, Community Development Specialist; Jeff Sargent, Director of Community Development Agenda Title Resolution approving contract with JACON LLC for hazardous material abatement, tree removal, demolition of site improvements, site grading, sewer lining, and water service valve replacement at 4215 Louisiana Avenue North (Improvement Project No. 1047) Requested Action Staff requests approval of a resolution awarding a contract for hazardous material abatement, tree removal, demolition of building and site improvements, sewer lining, and water service valve replacement at 4215 Louisiana Avenue North, to the low and responsible bidder, JACON LLC, in the amount of $32,278. Policy/Past Practice It is a past practice of staff to present contracts to the Economic Development Authority for consideration when public bidding is required for scattered site housing projects. Background The Economic Development Authority (EDA) acquired the property located at 4215 Louisiana Avenue North for $125,000 in February of 2020, as part of the city’s scattered site housing program. The building was constructed in 1961 as a single-family home and was later converted into office space. It is zoned CB, Community Business, which currently prevents it from being used for residential purposes. The EDA directed staff to take the necessary steps in preparing the building for demolition in order to facilitate redevelopment of the property. This contract award includes hazardous material abatement, tree removal, demolition of building and site improvements, sewer lining, and water service valve replacement at the property. The city forester recommended removing all trees from the site, as they are not considered preferred or significant. A well sealing contractor was unable to locate a well on the property. If one is located during the demolition or construction process, it will be sealed. Staff requested quotes from three contractors, who submitted the following bids: • JACON LLC $32,278 • Nitti Rolloff Services Inc $50,742 • Leadens Excavating Inc Did not submit The EDA has worked with the low bidder, JACON LLC, on three previous scattered site housing demolition projects. The contractor was selected for demolition work at 7215 62nd Avenue North, 7303 62nd Avenue North, and 5201 Oregon Avenue North. Staff has had a good experience working with the contractor and has no concerns with awarding them the contract. If demolition work is approved, staff will begin the process of requesting that the property be rezoned to allow for the construction of a new single-family home. Funding Funding is available in the EDA budget for the demolition contract. Agenda Section EDA Item Number 4 Request for Action, Page 2 Recommendation Staff recommends approval of a resolution awarding a contract for hazardous material abatement, tree removal, demolition of building and site improvements, sewer lining, and water service valve replacement for the property located at 4215 Louisiana Avenue North, to JACON LLC in the amount of $32,278. Attachments • Resolution • Bids • Request For Quote/Project Specifications EDA RESOLUTION NO. 20-___ RESOLUTION APPROVING CONTRACT WITH JACON LLC FOR HAZARDOUS MATERIAL ABATEMENT, TREE REMOVAL, DEMOLITION OF SITE IMPROVEMENTS, SITE GRADING, SEWER LINING, AND WATER SERVICE VALVE REPLACEMENT AT 4215 LOUISIANA AVENUE NORTH (IMPROVEMENT PROJECT NO. 1047) BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows : WHEREAS, the Economic Development Authority in and for the City of New Hope (“EDA”) purchased that certa in real property located at 4215 Louisiana Avenue North, New Hope, MN (the “Property”) with the intentions of redeveloping the Property; and WHEREAS, City staff intends to redevelop the Property in accordance with the City’s scattered site housing program and policy and return the Property to the tax rolls for the benefit of all taxing jurisdictions; and WHEREAS, City staff is exercising due diligence to correct the Property’s blighted condition by performing hazardous material abatement at the Property to be followed by the tree removal, demolition of all buildings on the Property, site grading, sewer lining, and water service valve replacement at the Property; and WHEREAS, JACON LLC submitted a proposal for hazardous material abatement, tree removal, demolition of site improvements, site grading, sewer lining, and water service valve replacement (“Work”) that meets all of the Project Specifications and is the low bid; and WHEREAS, it is in the best interests of the EDA to enter into a contract with JACON LLC for the purpose of performing the Work; and WHEREAS, City staff is hereby seeking a pproval from the EDA of the selection of JACON LLC as the duly qualified contractor to perform the Work. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That selection of JACON LLC as the Contractor to perform the hazardous material abatement, tree removal, demolition of all building and site improvements located at the Property, site grading, sewer lining, and water service valve replacement at the Property pursuant to the Project Specifications is approved, it being in the best interest of the EDA and City to prepare the Property for redevelopment in accordance with the City’s scattered site housing program and policy. 3. That the payment of $32,278 to JACON LLC to perform the Work is hereby approved. 4. The President, Executive Director, and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the hazardous material abatement, tree removal, demolition , site grading, sewer lining, and water service valve replacement at the Property in accordance with the contract to be prepared by the City Attorney. Dated the 8th day of June , 2020. ____________________________________ Kathi Hemken, President Attest: _____________________________ Kirk McDonald, Executive Director P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11438 Purchase of 4215 Louisiana Ave N\Resolution approving Demolition contract for 4215 Louisiana Ave N.docx City of New Hope, Minnesota Request For Quote/Project Specifications Date: May 1, 2020 From: The Economic Development Authority (EDA) in and for the city of New Hope Subject: Request for quotes for hazardous material abatement, tree removal, demolition, sewer lining, and water service valve replacement at 4215 Louisiana Avenue North. Overview: The city of New Hope EDA owns the property located at 4215 Louisiana Avenue North, New Hope, MN 55428 (PID 17-118-21-21-0034). The EDA is requesting quotes for the removal of hazardous material, tree removal, and the demolition of all building and site improvements at this location followed by installation of utility improvements and re-grading of the primary excavation area. If you are interested in submitting a quote for this project, please review the enclosed specifications and inspect the site. To gain entry into the home, use the lock box on the south entrance door using the code 4401. Please call Jeff Alger in the Community Development Department with any questions at 763-531-5119. Submission: Interested bidders must submit enclosed Bid Form by U.S. Mail, e-mail, or in person. Bids shall be submitted to Jeff Alger, Community Development Specialist. City of New Hope Community Development Department Attention: Jeff Alger 4401 Xylon Avenue North New Hope, MN 55428 jalger@newhopemn.gov Deadline: Proposals must be submitted using the enclosed bid form and received no later than May 20, 2020 at 1:00 p.m. City staff will review the submitted proposals and make a recommendation to the EDA. It is anticipated that the EDA will award the bid at the June 8, 2020, meeting. The work shall be completed in full no later than one month after the contract has been awarded. City of New Hope, Minnesota Bid Form Property Owner: City of New Hope Economic Development Authority (EDA) Property Address: 4215 Louisiana Avenue North, New Hope, MN 55428 Property Identification Number: 17-118-21-21-0034 For a price of $_______________________, the contractor named below proposes to fully complete the work in accordance with the attached specifications for hazardous material abatement, tree removal, demolition of all building and site improvements, utility improvements, and re-grading of the primary excavation area. Contractor Name: _______________________________________________________________ License Number: ________________________________________________________________ Address: ___________________________________ ___________________________________ Telephone: ______________________________________________________________________ Email: ____________________________________________________________________________ Contractor Name & Title: _______________________________________________________ Signature: ______________________________________ Date: ____________________ City of New Hope, Minnesota Specifications For Demolition & Related Work 1. General a. Contractor shall furnish all labor, materials, and equipment, and shall perform all service and work required to remove the buildings, structures, and improvements from the site, and post demolition grading of the site, in strict accordance with these specifications and in accordance with all applicable ordinances and laws pertaining to removal of buildings, structures, grading, and erosion control. Following demolition, the contractor shall install silt fencing or erosion control logs around the entire perimeter of the disturbed area (not including disturbed area on Cook Automotive’s property). b. Contractor shall thoroughly review these specifications and examine the site to evaluate existing and proposed conditions prior to submitting a quote. Failure to do so shall in no way relieve contractor from performing the work as required or be grounds for a claim for extra payment. 2. Demolition & Disposal of Buildings & Site Improvements a. All buildings and site improvements on the site shall be removed and properly disposed. Demolition to include, but not limited to stairs, ramps, floor slabs, equipment bases, driveways, aprons, foundation walls and footings, and other structure components, appurtenances, and contents associated with each structure, unless otherwise noted. Include removal of all out-buildings and miscellaneous items (including concrete parking lot bumpers stops) depicted in the attached photos. b. The asphalt driveway on the south side of the property extends across the neighboring property line (Cook Automotive’s property). The portion of the driveway that extends onto their property shall be removed. The attached Right of Entry Agreement depicts the area of the driveway located on Cook Automotive’s property that should be removed and replaced with hydro-seed (Exhibit B). All of the asphalt located on the city’s property shall be removed as well, up to the curb. Selected demolition contractor shall meet with city staff on-site prior to beginning driveway removal to review scope of work. c. All demolition materials, substrates, debris, waste, or other materials shall be collected, stored, handled, managed, and disposed in accordance with currently accepted practices at an approved, licensed, or permitted facility in accordance with applicable federal, state, and local ordinances, rules, and regulations. City of New Hope, Minnesota Specifications For Demolition & Related Work (continued) 3. Tree & Vegetation Removal a. Property lines have been staked out at the site. All trees located within the property boundaries are to be removed. All stumps shall be pulled from the ground and hauled away. Stump pits shall be back-filled. A tree inventory completed by the city forester is attached and depicts larger trees located on the property. Smaller trees, shrubs, and bushes shall also be removed. Trees outside of the property boundaries shall not be removed or trimmed. Contractor is to include tree and stump removal in the demolition bid. b. All piles of brush, sticks, branches, and yard waste shall be removed from the site. 4. Backfill, Compaction & Grading a. No demolition material shall be left in, or placed in any excavation. All excavations, unless otherwise noted, shall be back filled with clean, imported sand. Imported material shall be placed in one-foot lifts and compacted to no less than 95% standard proctor density. Contactor shall provide the city with a third party sampling, analysis, and report to demonstrate that 95% compaction has been achieved. b. The finished grade shall be determined by matching the existing average grade of the excavation areas prior to demolition. The final grade shall maintain pre demolition drainage patterns. No imported topsoil is required. c. Upon completion of the finished grade, contractor shall immediately hydro-seed all disturbed areas of the site, including the area affected on Koch Automotive’s property. 5. Asbestos & Other Hazardous Materials a. Contractor shall submit “Notification of Intent to Perform a Demolition” form to the MPCA. The city has contracted with Angstrom Analytical for the completion of a demolition survey for the property. The survey is attached to this report. Demolition contractor is to provide for the removal, and appropriate disposal of all asbestos and other hazardous items listed in the report. 6. Well Abandonment a. There is no known well at the property. City of New Hope, Minnesota Specifications For Demolition & Related Work (continued) 7. Utilities a. Contractor shall be responsible for calling Gopher State One to locate any underground utilities prior to beginning demolition and site grading work. b. The city has ordered the disconnection of electricity (Xcel Energy) and natural gas (CenterPoint Energy) services for the property. Contractor shall field verify disconnections prior to demolition. Other private communication utilities such as telephone and cable may still be connected; if so, contractor shall roll them back and secure them at the pole prior to demolition. c. Water service has been turned off at the water meter inside of the house, but not terminated at the curb stop box. Contractor is to remove the water line all the way to the curb stop. Contractor is to install new curb stop and box as part of the water disconnection. The location of the service termination shall be documented and marked on-site. There are many tree roots around where the curb stop box is located. Inspection by the city will be required prior to backfilling of the trench. d. Contractor is to coordinate the termination of the private sewer line with Public Works. The sewer line shall be removed to within three (3) feet of the property line and the remaining service stub shall be lined with CIPP lining all the way to the main. Once lined, cap the end in preparation for connection to the new home. The location of the service termination shall be documented and marked onsite. Inspection by the city will be required prior to backfilling. 8. Permits & Inspections a. Contractor shall complete and submit the city of New Hope demolition permit application. Permit fees for the demolition permit will be waived, however the state surcharge will still be collected, as the city cannot waive that portion. Permit fees for sewer, water, and utility work will not be waived. Contractor shall have the work inspected prior to backfilling the primary excavation. The private water and sewer service terminations will also be inspected by the city’s Public Works staff. A separate water and sewer disconnection permit shall be secured from the city. Before payment may be issued to the selected contractor, all inspections must be completed, permits must be finalized, and the compaction analysis report must be provided to the city. b. If any permits from other governmental agencies are required, contractor shall, at contractor’s own expense, secure such permits, pay any fees, and complete any inspections required by same, and provide a copy of the permit to the city. c. Contractor shall submit “Notification of Intent to Perform a Demolition” form to the MPCA. City of New Hope, Minnesota Specifications For Demolition & Related Work (continued) 9. Miscellaneous Provisions & Notices a. Contractor shall erect and maintain all necessary barricades and warnings to adequately safeguard workers, adjacent property, and the public. b. The demolition and clearing of the site shall be carried out in such a manner to preclude damage to adjacent property or public right-of-way. c. Contractor is to provide dust control during demolition by watering the home. Water tank(s) can be filled at no cost at the New Hope Public Works building at 5500 International Parkway. Please notify Public Works staff one week in advance of request. d. Submission of a proposal will constitute an incontrovertible representation by contractor that contractor has complied with every requirement of these specifications and attachments thereto; that without exception the proposal is premised upon performing and furnishing the work including but not limited to the specific means, methods, techniques, sequences, procedures or precautions expressly required by these specifications and attachments thereto; that contractor has received from city satisfactory written resolution of any conflicts, errors, ambiguities, and discrepancies; and that these specifications and attachments thereto are generally sufficient to indicate and convey understanding of the terms and conditions for performing and furnishing the work. Attachments  Site photos  Aerial map  Hazardous material report  Tree inventory  Right of Entry Agreement with Cook Automotive City of New Hope, Minnesota City of New Hope, Minnesota City of New Hope, Minnesota Asphalt to be removed (inside dashed area) All asphalt behind house to be removed (not all visible in previous photo) City of New Hope, Minnesota City of New Hope, Minnesota Property lines marked. All trees, brush, sticks, branches, yard waste, and debris within property lines to be removed. Stumps to be pulled from the ground and hauled away. Stump pits to be back-filled City of New Hope, Minnesota City of New Hope, Minnesota 4215 Louisiana Ave N CB, Community Business 80 ’ 80 ’ 42154215 133133’’ 1 RIGHT OF ENTRY AGREEMENT This Right of Entry Agreement ("Right of Entry ”) is entered into effective the ____ day of April, 2020, by and among City of New Hope, a Minnesota municipal corporation (“City”), the Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota, and Cook Automotive Enterprises Inc., a Minnesota corporation ("Cook Automotive"). The City, EDA and Cook Automotive are sometimes individually referred to as "Party" and collectively as "Parties." RECITALS WHEREAS, the EDA is the fee owner of that parcel of real property located at 4215 Louisiana Avenue North, New Hope, Minnesota, PID No. 17-118-21-21-0034 and legally described on the attached Exhibit A (“EDA Property”); WHEREAS, Cook Automotive is the fee owner of that parcel of real property located at 7100 42nd Avenue North, New Hope, Minnesota, PID No. 17-118-21-21-0032 and legally described on the attached Exhibit A (“Cook Automotive Property”); WHEREAS, the EDA and City intend to demolish the existing house located on the EDA Property and redevelop with a new residential house, and reconfigured lot; WHEREAS, in preparation for the redevelopment of the EDA Property for the limited purposes described herein (the “Permitted Activity”), the EDA and the City have proposed to remove the asphalt surface located on the Cook Automotive Property adjacent to the South property line of the EDA Property and graphically depicted on the attached Exhibit B and plant grass seed or sod; WHEREAS, Cook Automotive agrees to the proposed removal of asphalt as depicted on Exhibit B and planting with grass seed or sod following the construction of the new house on the EDA Property, and will permit the City to enter the Cook Automotive Property for the Permitted Activity subject to the terms of this Right of Entry. NOW, THEREFORE, the Parties do hereby agree as follows: AGREEMENT 1. Right of Entry. In consideration of One Dollar ($1.00) and other good valuable consideration, Cook Automotive hereby grants to the City and its agents, employees, and contractors the temporary right to enter onto the Cook Automotive Property for the purpose of removing the asphalt and later replacing it with grass seed or sod following the construction of the new house on the EDA Property (“Permitted Activity”), and for no other purpose. 2. Costs. The EDA will be solely responsible for the costs of removing the asphalt and planting of grass seed or sod on the portion of the Cook Automotive Property graphically depicted on Exhibit B. Cook Automotive will be solely responsible for the costs of maintenance of the grass after it is planted and established. 2 3. Term. This Right of Entry shall terminate on December 31, 2021. 4. Indemnification . Except as provided below, the City hereby agrees to indemnify, defend, and hold harmless Cook Automotive and its respective officers, employees, trustees, members, managers, agents and representatives (the "Indemnitees") from all actions, claims, obligations, liabilities, damages to property, injuries o r death to persons and attorneys' fees and costs ("Claims"), to the extent such Claim or Claims arise from or are caused by the entry onto the Cook Automotive Property or activities of the City or its agents or employees on the Cook Automotive Property pursuant to this Right of Entry. The foregoing indemnity and hold harmless obligation shall not apply (i) to the extent a Claim or Claims arise from the negligence or willful misconduct of Cook Automotive or its officers, employees, members, or agents; (ii) to any defects in the Cook Automotive Property discovered by the City or its agents, employees, or contractors during their work on the Cook Automotive Property; or (iii) the existence of any hazardous substances which are discovered (but not deposited or exacerbated) on or under the Cook Automotive Property by the City or its agents, employees, or contractors. 5. Liens. The City and its agents shall not permit any mechanic’s liens to stand against the Cook Automotive Property as the result of the entry and/or activities conducted pursuant to this Right of Entry. 6. Insurance. Prior to initially entering upon the Cook Automotive Property, and continuing thereafter, during any periods of entry upon the Cook Automotive Property by the City or any of its contractors , agents or employees ("City’s Consultants") pursuant to this Right of Entry, the City and City’s Consultants shall, maintain: (i) workers' compensation insurance at statutory limits for all persons employed in carrying out the Permitted Activities and (ii) commercial general liability insurance covering the entry and activities of the City and City’s Consultants upon the Cook Automotive Property . 7. Compliance with Laws . The City and its consultants shall, in all activities undertaken pursuant to this Right of Entry, comply and cause its contractors, agents and employees to comply with all federal, state and local laws, statutes, orders, ordinances, rules, regulations, plans, policies and decrees. 8. Restoration of the Property. Upon the termination of this Right of Entry, the City shall, if required by Cook Automotive, at its own cost and expense, restore any portion of the Cook Automotive Property that was disturbed by the entry to a condition as close as possible to the same condition in which it was prior to the City’s entry, with the exception of the asphalt that was removed and replaced with grass seed or sod. 9. No Conveyance. Nothing in this Right of Entry shall be deemed to constitute a gift, grant or conveyance of any interest in the Cook Automotive Property and is intended to benefit only the City for for the limited time, and limited purpose stated herein. 3 10. No Interest In Cook Automotive Property Created. The City acknowledges that they do not have, and shall not claim at any time, any interest or estate of any kind or extent whatsoever in the Cook Automotive Property by virtue of this Right of Entry. 11. Counterparts. This Right of Entry may be executed in any number of counterparts, each of which when executed shall be deemed an original but all of which together shall constitute one and the same instrument. E-mail (PDF format) signatures shall be deemed and treated as originals. 12. Entire Agreement. This Right of Entry contains the entire agreement of the Parties with respect to the subject matter hereof, and supersedes all prior negotiations, understandings or agreements. This Right of Entry may only be modified by a writing signed by both Parties. IN WITNESS WHEREOF, the Parties hereto have executed this Right of Entry on the date first above written. EXECUTION AND NOTARY PAGE FOLLOWS 4 The Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota By: ______________________________ Kirk McDonald Its: Executive Director STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. The foregoing instrument was acknowledged before me this ___ day of April, 2020, by Kirk McDonald , the Executive Director of The Economic Development Authority in and for the City of New Hope, a public body corporate and politic created pursuant to the laws of the State of Minnesota on behalf of said authority. (Notary Public Seal) ______________________________________ Notary Public City of New Hope, a Minnesota municipal corporation By: ________________________________ Kirk McDonald Its: City Manager STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. The foregoing instrument was acknowledged before me this ___ day of April, 20 20, by Kirk McDonald, the City Manager of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. (Notary Public Seal) ______________________________________ Notary Public 5 Cook Automotive Enterprises Inc., a Minnesota corporation By: ________________________________ Gordon Cook Its: President STATE OF MINNESOTA COUNTY OF HENNEPIN }ss. The foregoing instrument was acknowledged before me this ___ day of April, 2020, by Gordon Cook, the President of the Cook Automotive Enterprises Inc., a Minnesota corporation, on behalf of said corporation. (Notary Public Seal) _____________________________________ Notary Public Drafted By: JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 6 EXHIBIT A Legal Description of Property EDA Property The North 80 feet of that part of the East 163 feet of Lot 34 lying South of a line drawn parallel to and 280 feet North of the South line of the Northeast Quarter of the Northwest Quarter of Section 17, Township 118, Range 21, “Auditor’s Subdivision Number 324, Hennepin County, Minnesota” according to the recorded plat thereof Cook Automotive Property The East 150 feet of that part of Lot 34 lying South of a line running parallel to and 200 feet North of the South line of Northeast Quarter of Northwest Quarter of Section 17, Township 118, Range 21, “Auditor’s Subdivision Number 324, Hennepin County, Minnesota.” 7 EXHIBIT B Graphic Depiction of Portion of Cook Automotive Property Where Asphalt Will Be Removed See attached. P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11438 Purchase of 4215 Louisiana Ave N\Right of Entry Agreement.docx I:\RFA\COMM DEV\2020\EDA\Scattered Site Housing\Q - 3924 Utah Ave N Sale 06-08-20.docx Request for Action June 8, 2020 Approved by: Kirk McDonald, City Manager Originating Department: Community Development By: Jeff Alger, Community Development Specialist; Jeff Sargent, Director of Community Development Agenda Title Resolution approving sale of 3924 Utah Avenue North (Improvement Project No. 1020) Requested Action Staff requests that the Economic Development Authority approve a resolution approving the sale of the property at 3924 Utah Avenue North to Ethan Lederer at the sale price of $387,000. Policy/Past Practice The Economic Development Authority must approve the sale of scattered site housing properties owned by the city. Background In December of 2018, the Economic Development Authority (EDA) purchased the vacant and distressed property located at 3924 Utah Avenue North for $190,100 as part of the city’s scattered site housing program. The intent of the purchase was to rehabilitate the home for resale and maximize the value of the finished product. The house was in disrepair and substantial exterior and interior work was needed in order to make it habitable and desirable. On August 12, 2019, the EDA approved a $173,671 contract with Day Construction for rehabilitation of the home. This included an alternate to remodel the two bedrooms on the north side of the second floor to create a master-suite, including a large bedroom, a bathroom, and a walk-in closet. The scope of work for the project included improvements to nearly all interior and exterior areas of the house. During the construction process, it was determined that additional repairs to the home were needed and change orders were processed for the replacement of the roof ($7,814) and air conditioning unit ($4,250). Including the change orders, the city has invested $185,735 into making improvements to the property. Before and after photos from the project are attached. The goal of the project was to rehabilitate the house and create the highest valued product possible. When the contract was approved in 2019, staff presented the EDA with a “worst case scenario” and “best case scenario” relating to costs associated with the project. The “best case scenario” resulted in a loss of approximately $12,080. The “worst case scenario” resulted in a loss of approximately $64,080. Factors included the state of the housing market, the final sale price, unexpected costs for other improvements, and whether or not the buyer and/or city would be paying brokerage fees to real estate agents. When the rehabilitation contract was approved in 2019, staff committed to attempting to sell the home without utilizing a real estate agent in order to reduce costs and limit potential losses for the EDA. Once the house was completed, staff began marketing the property. An appraisal was completed and the list price was set at $371,900. Professional photos were taken, a virtual 3D tour was produced, and a website was created for the listing. A for sale sign was placed in the front yard of the property. The project was advertised in city publications and on websites with real estate listings. Staff emailed the listing to more than 250 real estate agents in the area as well as members of the city’s Business Networking Group. Staff received a fair amount Agenda Section EDA Item Number 5 Request for Action, Page 2 of interest on the property and two offers were submitted. The offer being recommended for approval by the EDA sets the purchase price at $387,000 with a 2.5% ($9,675) brokerage fee to the buyer’s real estate agent. Under these terms, it is estimated that the city would incur a loss of $14,152, slightly more than the “best case scenario” presented in 2019. The potential buyer has provided the city with a check for $5,000 in earnest money and is pre-approved for a loan with a sale price up to $387,000. By selling the home without a listing agent, it is anticipated that the city will save between $10,000 and $12,000 in brokerage fees. The attached Purchase Agreement has been signed by the prospective buyer and city manager and is contingent upon approval by the EDA. Rehabilitation of the home was intended to be a demonstration project for the city. Many other homes in the neighborhood and surrounding areas were constructed with similar floorplans. The intent was to highlight improvements and floorplan changes that could be implemented by other property owners with similar homes. Due to the COVID-19 pandemic, the city elected not to host an open house for neighbors this summer. Those interested in seeing the inside of the house are able to view a 3D tour and photos at newhopemn.gov/forsale. Neighbors within 500 feet of the property were mailed a flyer with a link to the virtual tour. Cost & Tax Impact of Improvements It is anticipated that expenses associated with the project will be approximately $391,477.06. Revenue from the sale of the lot would be $377,325, resulting in an estimated loss of $14,152.06. The proposed improvements would result in a substantial increase in the taxable value of the property. If the property were to be valued at $370,000 in 2020, its market value will have increased by $168,000 since it was acquired in 2019. Such a valuation would result in an estimated increase of $1,065.08, or 87.44%, in taxes payable to the city in 2021, as compared to taxes payable in 2019. Before Rehabilitation After Rehabilitation Estimated Market Value 2018, Payable 2019 Projected Market Value 2021, Payable 2022 Change % Change $202,000 $370,000 $168,000 83.17% Taxable Market Value 2018, Payable 2019 Projected Taxable Market Value 2021, Payable 2022 Change % Change $182,940 $366,060 $183,120 100.10% Taxes Payable 2018, Payable 2019 Projected Taxes Payable 2021, Payable 2022 Change % Change $3,267.52 $6,124.64 $2,857.12 87.44% Taxes Allocated to City 2018, Payable 2019 Taxes Allocated to City 2021, Payable 2022 (estimated) Change % Change $1,218.07 $2,283.15 $1,065.08 87.44% The following table illustrates the Return On Investment (ROI) and tax benefit associated with the estimated increase in taxable property value over the next several years: Request for Action, Page 3 # of Years (Year) Additional Taxes Collected By City Total Cost/ Revenue Return On Investment 0 (payable 2021) $0 ($14,152.06) -3.62% 1 (payable 2022) $1,065.08 ($13,086.98) -3.34% 2 (payable 2023) $2,130.16 ($12,021.90) -3.07% 3 (payable 2024) $3,195.24 ($10,956.82) -2.80% 4 (payable 2025) $4,260.32 ($9,891.74) -2.53% 5 (payable 2026) $5,325.40 ($8,826.66) -2.25% 10 (payable 2031) $10,650.80 ($3,501.26) -0.89% 15 (payable 2036) $15,976.20 $1,824.14 0.47% 20 (payable 2041) $21,301.60 $7,149.54 1.83% 25 (payable 2046) $26,627.00 $12,474.94 3.19% 30 (payable 2051) $31,952.40 $17,800.34 4.55% *Based on new home valued at $370,000 (2020 payable formula) The estimated ROI for the project over 30 years is 4.55%. The city’s initial investment of $14,152.06 into the project would result in additional taxes being allocated to the city from the subject property. Estimated at $1,065.08 per year, newly collected property taxes would result in a 14-year payback period for the city’s original investment (assuming other substantial improvements are not made to the property). The estimated Internal Rate of Return (IROR) for the project over 30 years is 6.33% (calculation attached). The city’s financial consultant AEM continues to work on a template that will modify ROI and IRR calculations for such projects to include assumptions. Once completed, staff will utilize the template for future calculations. Funding Funding for this project came from the EDA budget. Funds collected from the sale will be reallocated to the EDA budget and losses incurred on the project will diminish the EDA fund balance. Recommendation Staff recommends that the EDA conduct a public hearing and approve a resolution approving the sale of the property at 3924 Utah Avenue North to Ethan Lederer at the sale price of $387,000. If the sale is approved, the Purchase Agreement sets July 16, 2020, as the date of closing. Attachments  Resolution  Purchase Agreement  Before and after photos  Virtual tour flyer  Budget  Estimated Tax Impact of Improvements  Estimated Return on Investment  Estimated Internal Rate of Return  Public Hearing Notice CITY OF NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY EDA RESOLUTION NO. 20-___ RESOLUTION APPROVING SALE OF 3924 UTAH AVENUE NORTH (IMPROVEMENT PROJECT NO. 1020) BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope (“EDA”) as follows: WHEREAS, the EDA purchased the single family home located at 3924 Utah Avenue North, New Hope, MN, P.I.D. 18-118-21-41-0077, and legally described as Lot 23, Block 6, Hopewood Hills, Hennepin County, Minnesota (the “Property”) on December 21, 2018 for $190,100; WHEREAS, the EDA acquired the Property with the intention of substantially remodeling and rehabilitating the existing house to bring it into compliance with the City Building Code; WHEREAS, the Property was in fact substantially remodeled and rehabilitated; WHEREAS, New Hope City staff received an offer from Ethan Lederer (“Buyer”) regarding the purchase of the renovated Property; WHEREAS, the EDA arrived at an agreement with Buyer to sell the Property for the purchase price of $387,000.00, subject to the review and approval of the EDA with a closing date of July 16, 2020; WHEREAS, the EDA has accepted Buyer’s offer and has presented a draft of the Purchase Agreement to Buyer, for his review, a copy of which is attached hereto as Exhibit A (“Purchase Agreement”) and incorporated herein by reference; WHEREAS, it is in the best interest of the EDA to sell the Property to Buyer for the sum of $387,000.00, in accordance with the City’s scattered site housing program and policy; and WHEREAS, the City staff is hereby seekin g approval from the EDA of the Purchase Agreement, subject to other terms relating to the closing on the sale of the Property. NOW, THEREFORE, BE IT RESOLVED by the Economic Development Authority in and for the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That the sale of the Property by the EDA to Buyer, for the purchase price of $387,000.00, with other terms and conditions as set forth in the Purchase Agreement attached hereto as Exhibit A, is approved, it being in the best interest of the EDA to sell the rehabilitated Property for use as a single-family home in accordance with the City’s scattered site housing program and policy. 3. The sale of the rehabilitated Property by the EDA will return the Property to the tax rolls and maximize the tax base for the benefit of all taxing jurisdictions. 4. The President, Executive Director and New Hope City staff are authorized and directed to sign all appropriate documents, and to take whatever additional actions are necessary or desirable, to complete the sale of the Property in accordance with the Purchase Agreement. Dated the 8th day of June, 2020. ____________________________________ Kathi Hemken, President Attest: _____________________________ Kirk McDonald, Executive Director P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11432 3924 Utah Ave N\Resolution Approving Sale of 3924 Utah Ave N.docx Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North Before & After - 3924 Utah Avenue North 3924 UTAH AVENUE NORTH CITY OF NEW HOPE DEMONSTRATION PROJECT Demonstration project for city’s scattered site housing program with improve- ments to nearly all interior and exterior areas of the house. Open kitchen and dining room floor plan with new 5’ center island. New quartz countertops, cabinets, and appliances. New/refinished wood flooring throughout main level and new carpeting upstairs and downstairs. Master suite with walk-in closet and master bath. Updated bathrooms with new vanities, fixtures, and tile. Half of basement finished. Great curb appeal with all new windows, sid- ing, roof, gutters, garage door, entry doors, driveway, and landscaping. VIRTUAL TOUR & PHOTOS | NEWHOPEMN.GOV/FORSALE Due to the COVID-19 pandemic, the city of New Hope is unable to host an open house for the public this summer. Those who are interested in viewing the interior of the home are encouraged to tour the property virtually (3D) and view photos at newhopemn.gov/forsale. Potential buyers or realtors interested in touring or the home in person should contact Jeff Alger, Community Development Specialist, for more information.  3 BEDROOMS  3 BATHROOMS  1,973 SQ FEET  0.24 ACRES CONTACT Jeff Alger, CD Specialist 763.531.5119 jalger@newhopemn.gov PRICE: $371,900 Budget for 3924 Utah Avenue North EXPENSES AMOUNT Acquisition (including closing costs)(191,968.70)$ Legal (purchase, contract extension)(2,736.00)$ 1st half real estate taxes (3,267.52)$ Lawn services (945.00)$ Utility billing (511.24)$ CenterPoint - gas (1,849.02)$ Xcel Energy - electric (estimated)(545.58)$ Base improvements (158,794.00)$ Alternate #1 (14,877.00)$ Change order #1 - Roof (7,814.00)$ Change order #2 - A/C (4,250.00)$ Appraisal (375.00)$ Photos and 3D tour (265.00)$ Tree branch removal (575.00)$ Closing costs for sale (estimated)(1,500.00)$ Legal costs for sale (estimated)(1,000.00)$ Future utility billing (estimated)(64.00)$ Future CenterPoint - gas (estimated)(40.00)$ Future Xcel Energy - electric (estimated)(100.00)$ TOTAL (391,477.06)$ REVENUE AMOUNT EDA (home sale proceeds) 387,000.00$ Buyer's realtor fees (2.5%)(9,675.00)$ TOTAL 377,325.00$ TOTAL COST/REVENUE (14,152.06)$ Estimated Market Value 2018, Payable 2019 Projected Estimated Market Value 2020, Payable 2021 Change Percent Change $202,000 $370,000 $168,000 83.17% Taxable Market Value 2018, Payable 2019 Projected Taxable Market Value 2020, Payable 2021 Change Percent Change $182,940 $366,060 $183,120 100.10% Net Taxes 2018, Payable 2019 Projected Net Taxes 2020, Payable 2021 Change Percent Change $3,267.52 $6,124.64 $2,857.12 87.44% Taxes Allocated to City 2018, Payable 2019 Projected Taxes Allocated to City 2020, Payable 2021 Change Percent Change $1,218.07 $2,283.15 $1,065.08 87.44% Project Expenses ($391,477.06) Lot Sale Revenue $377,325.00 Total Cost/Revenue ($14,152.06) # of Years (Year) Additional Taxes Collected By City Total Cost/ Revenue Return On Investment 0 (payable 2021)$0 ($14,152.06)-3.62% 1 (payable 2022)$1,065.08 ($13,086.98)-3.34% 2 (payable 2023)$2,130.16 ($12,021.90)-3.07% 3 (payable 2024)$3,195.24 ($10,956.82)-2.80% 4 (payable 2025)$4,260.32 ($9,891.74)-2.53% 5 (payable 2026)$5,325.40 ($8,826.66)-2.25% 10 (payable 2031)$10,650.80 ($3,501.26)-0.89% 15 (payable 2036)$15,976.20 $1,824.14 0.47% 20 (payable 2041)$21,301.60 $7,149.54 1.83% 25 (payable 2046)$26,627.00 $12,474.94 3.19% 30 (payable 2051)$31,952.40 $17,800.34 4.55% *Based on new home valued at $370,000 (2020 payable formula) Estimated Tax Impact of Improvements at 3924 Utah Avenue North Estimated Return on Investment for 3924 Utah Avenue North Description Amount Investment (391,477.06)$ Return, Year 1 1,065.08$ Return, Year 2 1,065.08$ Return, Year 3 1,065.08$ Return, Year 4 1,065.08$ Return, Year 5 1,065.08$ Return, Year 6 1,065.08$ Return, Year 7 1,065.08$ Return, Year 8 1,065.08$ Return, Year 9 1,065.08$ Return, Year 10 1,065.08$ Return, Year 11 1,065.08$ Return, Year 12 1,065.08$ Return, Year 13 1,065.08$ Return, Year 14 1,065.08$ Return, Year 15 1,065.08$ Return, Year 16 1,065.08$ Return, Year 17 1,065.08$ Return, Year 18 1,065.08$ Return, Year 19 1,065.08$ Return, Year 20 1,065.08$ Return, Year 21 1,065.08$ Return, Year 22 1,065.08$ Return, Year 23 1,065.08$ Return, Year 24 1,065.08$ Return, Year 25 1,065.08$ Return, Year 26 1,065.08$ Return, Year 27 1,065.08$ Return, Year 28 1,065.08$ Return, Year 29 1,065.08$ Return, Year 30 1,065.08$ Total Returns 31,952.40$ Investment Cost 391,477.06$ Selling Price 377,325.00$ Return on Investment 4.55% Estimated Internal Rate of Return for 3924 Utah Avenue North Description Amount Investment (14,152.06)$ Return, Year 1 1,065.08$ Return, Year 2 1,065.08$ Return, Year 3 1,065.08$ Return, Year 4 1,065.08$ Return, Year 5 1,065.08$ Return, Year 6 1,065.08$ Return, Year 7 1,065.08$ Return, Year 8 1,065.08$ Return, Year 9 1,065.08$ Return, Year 10 1,065.08$ Return, Year 11 1,065.08$ Return, Year 12 1,065.08$ Return, Year 13 1,065.08$ Return, Year 14 1,065.08$ Return, Year 15 1,065.08$ Return, Year 16 1,065.08$ Return, Year 17 1,065.08$ Return, Year 18 1,065.08$ Return, Year 19 1,065.08$ Return, Year 20 1,065.08$ Return, Year 21 1,065.08$ Return, Year 22 1,065.08$ Return, Year 23 1,065.08$ Return, Year 24 1,065.08$ Return, Year 25 1,065.08$ Return, Year 26 1,065.08$ Return, Year 27 1,065.08$ Return, Year 28 1,065.08$ Return, Year 29 1,065.08$ Return, Year 30 1,065.08$ Total Returns 31,952.40$ Internal Rate of Return 6.33% NOTICE OF PUBLIC HEARING SALE OF EDA OWNED PROPERTY 3924 UTAH AVE NORTH CITY OF NEW HOPE, MINNESOTA Notice is hereby given that the Economic Development Authority in and for the City of New Hope will meet at City Hall, 4401 Xylon Avenue North, New Hope, Minnesota on Monday, June 8, 2020, at 7 p.m. to hold a public hearing for the sale of EDA owned property located at 3924 Utah Avenue North, legally described as follows: Lot 23, Block 6, Hopewood Hills, Hennepin County, Minnesota PID # 18-118-21-41-0077 Such persons as desire to be heard with reference to the proposal will be heard at this meeting. Options for providing feedback are as follows: 1. Submit written comments prior to the meeting to Valerie Leone, City Clerk, by email (vleone@newhopemn.gov) or by US mail (4401 Xylon Ave N, New Hope MN, 55428, attention Valerie Leone). 2. Provide comments during the meeting by telephone (call Valerie Leone, City Clerk, at 763-531- 5117 in advance of the meeting to obtain the call in number and details). 3. Attend the meeting at city hall (social distancing will be in place). Accommodations such as a sign language interpreter or large printed materials are available upon request at least five working days in advance. Please contact the city clerk to make arrangements (telephone 763- 531-5117). Dated: May 21, 2020 Valerie Leone City Clerk (Published in the New Hope -Golden Valley Sun-Post on May 28, 2020)