IP #767a
oroject, refer to th(;�.
agenda packetsm
Res. 06 -105
Item 8.1
Res. 07 -63
PROJECT NO. 767
Yukon /Bass Lake Road Infrastructure
awar
07/24/06 Resolution approving a contract w ith Hennepin melt imp the redevelopment of the
for watermain improvements and a transit
Bass Lake Road Apartments site (improvement project no. 767)
12/11/06 Update on the proposed Bass Lake Road Zt is .re dt no lop ent project and the
associated roadway alignment prole ( p r
4/23/07 Resolution authorizing acquisitio North r b p direct negotiation 8420 (Bas Lake Road d and
8401, 8411, and 8421 58t" Avenue y
Apartments — improvement project no. 767)
COUNCIL
Originating Department
Community Development
By: Kirk McDonald, CD Director
Kim Green, CD Assi
r fo
Approved for Agenda
May 8, 2006
Agenda Section
Planning and Development
Item No.
M]
Resolution in support of the modification of the Transit Oriented Development (TOD) water main grant
application to include a transit shelter
Requested Action t o f the modification of the Transit O
Staff requests that the City Council approve a resolution in suppaonr shelter. County staff has indicate d
Development (TOD) water main grant application to include a transit
including the transit shelter may strengthen the city's application to co unty
Via e O program because
the transit infrastructure, along with the increased density at the prop osed g Green
e roadway
redevelopment project, will promote transit use. The transit shelter would �e inc �d tion provhdin grant
improvement project if the county provides $75,000 of transit shelter g
funds for water main improvements.
Policy /Past Practice
City goal #2 emphasizes the maintenance and redevelopment of commercial redevelopment d projects, such as the
Y the
the city. The city seeks to s Lake Road al t Apartments targeted
of the high costs associated with
proposed redevelopment of he Bas
redevelopment, the city seeks grant assistance, whenever possible, to improve the financial feasibility o
projects.
Background
Hennepin
At the February 13, 2006, City Council meeting, the Council authorized a{ ain im staff rovements along Ba Lake Road
County Transit Oriented Development (TOD) grant to fund w p
re uired for adequate fire flows for the proposed redevelopment of the Bass Lake Road Apartments and other
q
future redevelopment in the area.
Motion by ' U i
To:
Second by
l : \RFA \PLANNING \Livable Communitie \Bass Lake Road Apts \Q & R- Resolution m application for TOD grant.doc
Request for Action, Page 2 of 2
May 8, 2006
On April 20, 2006, county staff contacted the city and indicated that they will be recommending to the County
Board the following grant funding:
rovements. These funds d cover the hard costs of the water
$275,000 toward water main imp
main project, which were estimated by Bonestroo to be $272
® $75,000 toward a high - quality transit shelter, to be located on the south side of Bass Lake Road.
County staff has asked that the city provide a response, indicating uct a hi h quality bus helt shelter l be needed he south to
contribute additional funds and land that will it c g
side of Bass Lake Road. County staff believes
the proposed project as it relates to transit, that the addition of the transit shelter
atio to the County's Transit
of
it is Hope's
s anticipated h o quality bus shelter would cost between
Oriented Development (TOD) grant program. be
$100,000 and $150,000, depending on the amenities provided. If lighting, int maintenance
expenses. Staff has t contacted
provided, the city would be responsible for ongoing operating and m p
Metro Transit and was informed that Metro Transit would consider maintaining the bus shelter if it is built to
their specifications.
with the alignment of
The city engineer has indicated that it appears feasible to provide a transit t shelter
Bass Lake Road, which may
Yukon and Xylon avenues. The roadway project requires the acquisition
p rovide the land for the bus shelter. If supported by the City Council, the city engineer will be factoring the
bus shelter into future analysis of the roadway design.
Next steps 2006, to discuss the Bass Lake y Commissioner
The mayor and city manager
met with C the TOD rant progra O maThe County HRA will review the
Road project and the city's application to g
a lications for the first time on May 9, 2006. Applications will be approved by Hennepin County and the
pp
HCHRA boards in the fall of 2006. Funding will be available in January 200 .
to coordinate design
Staff will continue to work with Metro Transit, Hennepin Count�,e and i s related to the proposed bus
options, cost estimates, operating and maintenance plans, and o
shelter. If the grant application moves forward with the county, staff with bring more details related to the
proposed bus shelter to the Council at a future meeting.
Funding the city could use reserves from the FDA fund to pay
If the county provides $75,000 toward a transit shelter,
any remaining costs related to design, installation, and landscaping of the shelter.
Recommendation
The attached resolution expresses support for including a transit site, if the coun of provides the O $75,000 in transit
site,
ns t
rel to the redevelopment of the Bass Lake Road Apartments
shelter funding.
Attachments
1. Resolution
2. Images of proposed bus shelter location
City of New Hope
City Council Resolution No, 2006- 7 6
e modification of the Transit Oriented Development (TOD) water main
Resolution in support of th
grant application to include a transit shelter
WHEREAS, the city p l an s to redevelop the Bass Lake Road Apartments lute an general
multi- family housing with an emphasis on transit, walls
unproved quality of life in the corridor; and f water main
WHEREAS,
the city applied for a grant in the amount of $ an 3 sit oriented Development (TOD)
improvements from Hennepin C Tr
ran program to accommodate the proposed redevelopment; and
g p
staff intend to recommend approval of a grant to New Hope as
WHEREAS, Hennep in County
follows: rovements
$275,000 toward hard costs for water main imp
$75,000
toward a high - quality transit shelter, to be located on the south side
of Bass Lake Road; and
the TOD rant program, New Hope would need toc he fer n and
WHEREAS, if funded by g high-quality transit
and additional funds to construct the proposed hih
the south side of Bass Lake Road.
IT RESOLVED, that, if funded by Hennepin County's TOD grant
NOW, THEREFORE, BE
am for the proposed water main improvements an d the transit shelter, e
program es su ports providing additional
City Council of the city of New Hope, Minn pp
resources to construct a high - quality transit shelter.
it of the City of New Hope, Hennepin County, Minnesota, this 8th
Adopted by the City
Counc f
day of May, 2006. <'?
Mayor
Attest
City Clerk
6
� 4
i a a
Possible bus shelter ��
location after road project �on
iii i � r i
0
is it Yukon Ave
i 4�n
R � t I
Date Received
2006
Hennepin County A lication
Transit Oriented Development (TOD) pp
Cover g
Project Title: Village on the Green (Redevelopment of the Bass Lake Road Apartments Site)
Hope's riority redevelopment project, Village on the
Brief Project Description: The city of New Hop p Village
ac ent
Green, includes 1 t
35 condominium units, located on a 3.5 acre site and demolishing five, t age
Green Golf Course. The redevelopment project involves acquiring
blighted apar tment buildings, and preparing the site for redevelopment at an increased density. has been a mjor
The project sits at the center of the Bass Lake Road co Vill age on he w ll offer
Th p �
interior and
redevelopment focus att a� t residents interested d in coen to loc
ient living with gr e at access
exterior amenities that in o ortunities.
and regional employment, recreational, and shopp g PP
Linked to the Village on the Green project is a roadway improvement project along Bass Lake sa f e t y , which will
Road. The project i
ncludes aligning Yukon and Xylon avenues to i ompr ns the Bass Lake Road
require the acquisition of two of thle five received a $1,43 million gr ant from the federal
Apartments redeve he roadway safety improvements, which are estimated to cost a total of
government to pursue
$1.79 million.
dor and Specific Transit Service: Metro Transioffe f the redevelopme n
Applicable Transit C orri
Bass Lake Road. In additon to the
bus nd stop Xl m
ion, W� so u thwest c omer
Wisconsin, and Wmnetka avenues. Bho
provided in front of 8109 Bass Lake Ro stops
site, stops are located at Boone,
Z Y
also ad and in front of St. Therese nursing
are P
Applicant Name: City of New Hope
Street Address: 4401 Xylon Avenue North
City: New Hope State: MN Zip Code: 55428
Project Contact Person: Kim Green, C ty Development Assistant
Phone: 763 -531 -5196 Fax: 763 -531 -5
E -mail: kgreen @ci.new- hope.mn.us
Hennepin County TOD Funds Requested: $ 375,000
Public Funds Committed: $1.93 million +
committed by resolution $16,
ork such as a boundary survey
y site w
The New Hope Economic Development Authority (E DA)
to assist with costs for consultants and preliminar
ent financing (TIF) analysis services. In ad 1Councils Livable Communities
and tax increm ,000 from
redevelopment study that was funded b 60
, $ e EDA, the FDA and the city have also
Grant Program and $60,000 from the New Hop Road Apartments
ca nt funds planning for the redevelopment salshe Bass Lake
spent significa prop 0
site and evaluating financial feasbility of proj ect
has also committed a $1.43 million grant for roadway
The federal government s Lake Road, which depends on the Village on the Green project
improvements along Bas s on the Bass Lake Road
because it will require acquisition of two of the building
reconstruction project requires a local match estimated at $358,670,
Apartments site. The recd has budgeted $280,000 for 2007.
of which Hennepin County
project Tans are finalized, the city plans to establish a TIF district
Once the redevelopment pr o � p
to assist with redevelopment expenses.
Private Funds Committed: $17,000 + pariPassu /Trio Development,
In an interium agreement with the EDA, the developer,
committed
over $17,000 to preliminary site work andne site, as the developer
co nsultant efund ble fee. Significant
provided the city with a $5,000 dep spnt on planning for th
additional private funds have bee developer selection process, took the FDA on a tour of
participated in an eight concepts.
simular projects, and prepared several options for project
SITE AND PROJECT INFORMATION
een Bass Lake Road Apartments site)
Name of Site: Village on the and 8420 Bass Lake Road and 8421, 8411 and 8401 58
Site Address /Location: 8400
Ave N
City (or Township): New Hope
Hennepin County District Number: 1 21 -41- (0008, 0009, 0010, 0011, 0012)
Property Identification Number: 06 -118
Current Property Owner: Marshall Lebow,
Mar -Jil Corp
• he Bass Lake Road Apartments site is currently 154, 194 sq.
S Footage. T p y
Site Size Sq be ex panded onto a small ortion of the cit g olf course
ft. The redevel g in the Village on the Green redevel
and the roadway
opment site may p
will be shifted resultinopment site
ft. in size.
of approximately 150,000 sq.
Property Taxes: The actual 2005 Property Tax wa
5 0 59.35, which is a 4.3 percent
57,508.50 for the Bass Lake
Current Prop y p 2006 Property Tax is $
Road Apartments. The p ro p
decrease from 2005.
2
Check if the development site is w ithin a designated local or county Redevelopment Project Area or
Housing District? [] Yes ®No
District. Apartment'
lish a Redevelopment Distr
Name of Redevelopment Area or Housing City ict for the Ba Council passed Lake Road p
a resolution
ab
The city intends to e es st September 22, 2003, the New Hope Y TIF b the city
site in late spring- e Oil governng the use of tax increment financing ( a rtments site. The
approving special l ig includes the Bass Lake Road Apartments
within a designated area of the city, extends some c the current req irements and limitations on
ves and exte
special legislation wai making the tool more use
the use of tax increment fu as the city pursues
financing,
the city ha s established two Redevelopment Districts within the
redevelopment. To date, are nearing completion.
designed special law area for projects a that P Resolutions.
Att Redevelopment Area or Housing District maps and adopting
Redevelopment Area
or Housing District must be in place at the time of final co
approval. .
ue TOD project?
the roje What makes this a uni
ct and its key components.
q
Summarize p increasing the by
(Limit to One Page) promotes the fundamental concepts de housing i
near daily
Village on the Green p Bass Lake Road, locating
roved access. The project wll
diversity and mix of land uses along h imp e, e Green Golf
o ity's Village
conveniences, and pro transit use throng
acent to the c
135 condominium units located on a 3.5 acre sit adj Bass
awarded a Livable
The project sits at the center of the oss Lake Road corridor,
Course (Attachments 1 & 2). T P four major residential nt
s been a major focus area for redevellopme Since that tithe, includes
f new
which has ortunity Grant to the city t which
Communities Opp aloe and Winnetka Townhomes;
Bass Lake Road,
developments have added 332 units o housing g ative; and 35 -units of
condominiums at Winnetka Green
219 units of town homes and units at Woodbridge Senior Cooper 41 -units of Income
78 senior cooperative housing addition In a
affordable apartments at Linden Place Pia k punned at 5445 Boone Avenue uthwest corner
a called Lind
restricted condominiums,
and CVS Pharmacy built a new store and an ancillary retail space on the e of the
artments site will allow for the use rant
of Bass Lake K ;o d ment of the Bass Lake Road AP ded to the city in March 2004. The g
The redevelopment rant that was away Bass Lake Road in the
$1.43 million Federal TE A-21 ificant t impro
transpvements along
Yukon ll be used to make significant and traffic �h include t andgcnonsg and Xylon
wiru a concrete trail on
.tu
immediate area of the
avenues; adding a turn lane, median, a Because these roa s that
dway improvements
Attachmen
the north side of B t 5 ). artment building
ass Lake Road ( are inherently linked.
require the acquisition of two of the five Bass Lake Road AP e rote rating life -
comprise the redev continue to move the city towa
q goa of g
elopment site, the two prod
ei hborhood businesses with the existing
gls of
village the Green will rd its g o
g ortunities, and n g
cycle housing, transit opp
industrial bas
e and residential nei hborhoods. The roject also achieves the
s First, the Bass Lake Road
Hennepin County's TOD grant program in several way • e on the Green residents,
o went at Yukon Avenue and Bass Lak hR h
sections within ea d
corridor provides several bus stop that will be accessible to Village the co op
P
including a stop on the corner of the deve P walking distance. of 39
or intersections tance. Second, ro
and stops at the two maj compact development, w e developer will
density housing project o ith a proposed density and the a very rovide storm water
irking will allow
units per acre. Structured p ll llow for increased density
golf course to p near retail, e of the adjacent
expand the water hazard at hole condominiums will locate additional housing tachments
d recreational ponding for the site. Finally, the condominium
along the Bass Lake Road corridor
acent golf course and park, as well as Meadow Lake,
industrial, an the it ,sadj industrial and retail areas offer
6 & 7). For example, y
provide natural a open space amenities and the nearby
P Opportunities. and retail opportunities near
job and shopping °Pp and industrial
Village on the Green will also and Winne Avenue with the hou U e gncreasing the
the intersection of Bass Lake Road eon the
ironment at and around the Village and
opportunities near the intersection of BassnLenv Lake Road and Boone Avenue,
Yukon
° Pp a quality pedestrian importance of creating 9 fanned roadway improvements aligning
ro ect resents a
Green development. Because of the p rove walkability in
Hues at a consection, the Village intersection on to imp P in
wonderful opportunity
Xylon avenues trolled inter to create a pedestrian free y
es to apply for additional funds from Hennepin
to assist with pedestrian improvements along Bass Lake
the corridor. At a future date, the city hop PP y
County's TOD grant program
Road in coordination with this project.
4
A. Fill in the table b � elow listing specific project activities, with itemized dollar
amounts that you will fund with the TOD g rant. NSIT USE.
NCE GIVEN TO ACTIVITIES THAT INCREASE TRA
rREFERE TOD A
ACiivi►y, va.. _ _ 375,000
apacity along B=Lake ad, fromIncrease water moat ust west of Zeala
Winnetka Avenue
2.
3.
Total uested. Include location,
Attach details for each
link to increasing ridership.
activity f which TOD funds are re
maps, full descriptions, costs an
The water main project includes
abandoning the existing 8 -inch was t ma st west
of Zealand ach
W main along Bass Lake Road from Wi nnetka 00 to fund the project (Attment 9).
a Avenue inch The city is requesting $
air of the street and sidewalk for only 775 feet west from ass
Avenue (Attachment 8). art of the
The project cost includes rep will be reconstructed and funded as p
Lake Road, as the rest of the lon a venues.
alignment of Yukon and Xy uate water pressure and fire flows
to ensure adeq capacity will also
The TOD grant funds will allow the city recently constructed
the Green redevelopment site. The in ucludiugater main cap i 's
at the Village on will improve th
increased water main e c ty
improve pressure and fire flows to nearby properties,
e Senior Cooperative. The incre po of he city in the future
Bo
ability to redevelop at higher Lake Road and
Woodbridg h
her densities in the northwest
Bass La
'n le- family develop
Avenue is adequate for the exis ments and the limited indu gh,
Currently i
, service n the area west o f Winnetka Avenue along regional g
A ttng g
s the city matures and pursues increased densities to ac st of Zealand Avenue
the increased water main cap
uses. A capacity Winnetka Avenue to j � northwest area.
tY ice capacity to the city
'de the first leg of improved water sery
will prove and the developer are several stes the city
The water rtm
r main capacity increase is only one D ents site for redevelopment into the Village
taking to prepare the Bass Lake Road Ap planned $1.79 million roadwa h e roadway
lon avenues, right
- of -waY go lf course
on the Green condominnment of u d Xy p the c
Y� s g
improvements and ahg Yukon an it tenants need to
project needs to be acquired, a lift station 1 nes need to be buried, existing
p lines and demolished. These
parking lot needs to be reconfigured, s need to be acq rant
flue building rice tag, which makes obtaining g
be relocated, and the existing s show that the
redevelopment activ soil boring
come with a significant p use of poor soil
new condominium building conditions,
i for the project's success. Recent result s be a So
funds a necess ty will require up to 400 p g
which further increases the cost of redevelopment of this site.
main
increase is linked to transit ridership denshies er mote the use
The water main capacity densities, and the proposed
capacity is required for the proposed e on the Green development, in connection
roved pedestrian environment
of transit services. The 39 rovided on the site a and the imp both the new residents in the
with the limited parking p in among
around the project, will promote transit ridersh
development and the current residents in the corridor.
es of residential, commercial, retail,
d t
B. Mix and Type of Uses: List then and planned
or
office, government/civic arts /cultural, entertainment or other uses existing P
in the project site.
If residential: # of units affordabl
e rental and targeted affordable populations
TYf
Residential
Commercial
Retail
Restaurant
Office
Government /Civi
Arts /Cultural
Entertainment
Open Space /Public
15 135
260
ro osed, pro
the type as much specificity as possible regarding
If comercial or industrial is
of tenants and /or occupants
TOD PROJECT IMPACTS
R
i of this project to Hennepin County Transit Corridors and
A. Describe the relationsh p
increasing transit riderships.
Bass Lake Road, improved
excellent quality of life for residents in
With the recent increase in ies are reside critical to ensuringg u scal
the area, including thhousing e Village on the
transportation opportumti on the Green. The p
ose who will live at Village a co m p a ct, walkable
Green project, in connection with the h affordable and mixed-in a developments Of
along Bass Lake Road, promotes amixed- income commune
cre thereby contributing
orts the use of transit. The project will � c the overall densit
environment that supp units per acre to 39 dwelling units pe
the site from 17 ridership levels that can sup ort frequent
dwelling
high densities that are essential to reach
to the g
transit service. I Tanning for recent es in the corridor by planning additional
Metro Transit has resp° express bus service in the immediate area
improved local and exp ea o conveniently access
opportunities for New Hope resi Bass Lake Roa
dents in the
s other suburb
downtown Minneapolis and St. Paul as well a s. e � e� by eve bus
oone avenues is
s ervice improving th three local
along Bass Lake Road wi
corridor between Winnetka and B currentl s
Metro Transit's 2006 plan show
routes and three express routes proposed for the corridor.
Bass Lake Road to the new park and ride on
The new plan will offer local service along Bus Rapid Transit (o R1T)
now known as Bottineau
Road 81, the location of the proposed The opp
63rd Avenue and County which New Hope
nity
what is n Boulevard hancetthe ease by 0 . access
service along proposed BRT service will greatly Bass Lake Road
to connect to the prop p to stop
residents in Village on the Green and the enon. Express route 767gs also
downtown and other destinations in the Attachment 11).
at the park and ride facility on CR 81 (Attachment between the transit center on
Local service will also be provided on Winnetka Avenue
e ark on 1-394. o The local binsalet o NeW
Brooklyn Boulevard and the and ride in St. Louis P de service along 42nd Avenue fro d Tan will
route 714, will continue to p
the 767, Boone Avenue
Hope's main industrial area near Boone Avenue and Bass Lake Road. The ne
also provide express service from Bass Lake Roa to downtown on
wn on the 756, and Winnetka Avenue to downtown on the 755.
to downto
e on the Green and along the Bass Lake Road corridor as
The increased density at Villag es eciall as it relates to the connection to the proposed
l eve l s in the area. The
well as the improved bus service, P a reduced amount of
BRT along Bottineau Boulevard, is anticipated to imp p roviding e transit us
condominium project will furthers all urergunit are plan ed for the project rather than the
parking, as less than two parking P
city's typical requirement of 2.25 stalls per unit.
B. What is existing land use and zoning`'
7
the site. The buildings were
currently occupy
constructed in 1961 and have Over
Five, 12 -unit apartment buildings
ave continued to identify numerous e bei ng occupied
suffer from water damage and poor maintenance.
the years, the city's inspectors
ro erty and have prohibited a few of the units r
concerns on the g ive water damage and lack of maintenance of the buildings•
because of extens ur ose of the R-4
hi h density residential. The p p
The redevelopment s high ite is zoned density sity g roved as a Planned Unit
d directly related uses. Becaus
district is to provide for g residential uses an project will be app
of the proposed intense use of the site, the
Development (PUD)• Apartments site as a
it 's comprehensive plan the Bass Lake Road
The c lan identifies y because the apartments' characterisYO gem a T
redevelopment Opportunity arages, and crime p
problems, poor construction, no amenities r density residential land use alternative
plan suggests ahigh- value g - ed by renters and
comprehensive p sing units occupied
for the site. With over 44 percent of New Hop the city is encouraging
Hope's hou of $165,173,
the 2004 average market value of a home in the city ondominup t
value with an
to be higher , for condomins ale t hat will help s
Village on the Green ro ect will offer up
diversify the city's housing stock. Thep j ty not currently available in
average sales price of approximately $263,000, a housing yP
New Hope. No
ro ew jobs? ®Yes
C. Will this project create any n
j
�
se additional pages if needed to answer this.) wire
If yes, how many and what type • � on the Green, as the site will req
A limited number of j
obs will be provided atVillage at is currently performed at the Bass
property
management and maintenance work bey o
Lake Road Apartments.
taxes: With a completed market value of $35,572,420, the
D. Estimated new property project are $454,68
estimated new property taxes for the p ro j
E. Partnerships and Coordination Partnerships in the project
describe the type and nature of
1. Partnerships: List and byfor- profit and non - profit sectors.
among government, private,
PariPassu /Trio lleveiuYiii�ll�e EDA
City of New Hope/New Hop
Condominium aev't F
Conducted corridor redevelopment fordy
beginning in 2001. Initiated req
proposals process for Bass Lake Road
Apartments site. Assisting
acquisition. Coordinating roadway
I improvements. Providing financial assistance
with TIF and other city resources.
Provided $1.43 million grant for roadway
. g o
improvements along Bass Lake Road
Federal Government -- TEA -21 rovement
Local partner in Bass Lake Road imp
Hennepin County project, as Bass Lake Road is a county t i d.
O
Have budgeted $280,000 for the proje
2007. for redevelo ment of
p
Funded initial planning Communities
Metropolitan Council the site with a $60,000 Livable
r%..r%r „nits Grant,
overnmental units and
2, Coordination: Describe the rolef residents
clu process to date, and plans for future
dng the business persons,
others in developing the proposal se additional pag es if needed to
community involvement in project implementation.
answer this.)
visioning with the Livable Communities Task Force Lake Road 2004) Apartments
site began
V e Economic
Planning efforts for the redevelopment tan Co Bc I and the New Hop onomic
C study,
in the summer of 2001. The Metropolitan 000 to the Livable
Development Authority ble redevelopment t opportunities within one -half mile from the
which centered on po planning process by a
Bass Lake Road and Winnetka Avenue. and task P force of nearly 5
intersection of B guided through the visioning community members was g facilitator, and city staff. The task force identified
concept
planning consultant, a meeting feasible and
evelopment for target re ro projects that a e f na cially feasible the
red and financing
plans to reflect land use an
development strategies for marke lanning.
marketable for New Hop sites identified by the
and stimulated neighborhood intere e the fou�key redevelopment target area
projects, Apartments site was on complete,
The Bass Lake Road implementing the vision
task forcnt projects ons th final s'imple near y
to e. Redevelopme
leaving Bass Lake Road Apartments a tep in
created by the Livable Communities Task Force.
Identifying
the Preferred Developer (2005) previously identified a
Lake Road Apartments site. After extensive 2005 In
The Livable Communities Task Force and the City Council a
preferred developer for the Bass in January
negotiations, the preferred developer withdrew its proposal rocess in March 2005. Three
process, providing
development teams active
response, the city initiated la second rtiipated in he develtope selectionnp o The
y p project proposals. ro osals
extensive financial and visual inforomdte both written'ad verbal iput °rune open
community was encouraged to pr process and was invited to a comm input from
throughout the developer selection nto offer comments. After receiving referred
house and i City Council meeting
over 50 residents, the Council identified PariPassu/Trio Development as the p
developer on November 28, 2005•
mains
Continued Plans for Coe had the
com mitted Involvement (2006 d to continuing to in volve the community in the
lo per has
The city of New Hope r months, the deve p
redevelopment project. Over the last many
W and verbal comments from New Hope residents on
opportunity to recei ve both artments site. After the
d desires city plans to host another
their concerns an araft site plan and elevations, th unit to provide their input on
developer completes a
opportunity for residents and other members of the comm
the proposal.
Public (ongoing) e New
to the
The city takes pride in its ongoing communication strategies used to inform the
Standard Practices for Communicating redevelopment projects. The
city b 9
the planning process for the Bass Lake
Hope community about city business, including proposed ter Business Link publication,
city keeps residents informed during
Apartments project through the city's residential on abu
staff has also offered in ab`ohi h s broadcast on local cable
Northwest Cities p
and website. City program,
Apartments project on the o g
the city regularly sends project bull them of the status of the
live
television. In addition,
within several blocks of the ndut elommentsitand concerns.
project and to request their p
DEVELOPMEN
Have market and feasibility studies been conducted for
A. Market and feasibility studies:
the project?
® Yes ❑ No
Name of study, date and author: ATTACH STUDY
B. Developer
Tele none ari assucorp.co
(6 2) 926 -1700
Name of Develo' er(s) jdlockhart @p p
PariPassu/Trio Development m
Contact: Jonathan Lockhart
C. Readiness and Financial Aspects of the Project eed to be taken to
the site is not under the applicant's control, what steps will
n
1. If es if needed to answer this.)
obtain control? (Use additional pages the purchase of the
The city and t
process of negotiating
owner to be cooperative. The Bass i n ake foroad
the d e found the prop
property and a single owner, who is well aware of the I m� P e
Apartments are owned by ness to sell his property•
redevelopment and has expressed a willing
'
be uired, tenants will be relocated, and the buildings wil
that the property will ac 9
be demolished by the end of 2006.
10
If a reasonable purchase price cannot be determined th to use eminent domain acquire
process, the New Hope City Council may choose
the apartments. Multiple factors contribute roay to d th acii ability to use em Bass Lake
ng
domain for this project. First, the pla l ne avenues, which will require acquiring two
Road include aligni Yukon and Xy o
of the five apartment buildings to provide for a e tat demonstr ate t that he five e roadway
Second, TIF inspections completed on January ' fire, and inspections
apartment buildings are blighted. Finally, the police,
de artments continue to express great concern about o th safety meat Contribute to
p poor maintenance and pr p Y
occupy the complex, as
unmitigated safety hazards and criminal activity.
2.
If less funding is available than requested, how can the project be phased? (Use
additional pages if needed to answer this.)
T
o minimize the cost of the water main project, the water venues avenues, be
is mostly s
during the roadway project aligning Yukon and Xy projects will eliminate
funded by the federal government. CO two thirds of he length of the water main
street reconstruction costs along about
project.
includes planning, pre - development activates
The entire Bass Lake Road project uisition, demolition, geotechnical), public
(site work, infrastructure analysis, acq
infrastructure improvements, and the developm ino becomesaavailable. Roadway
condominums. The project will be phased as nd ing bec ovements, would occur
and u tility improvements, including the
ction of the condominium occur
during he summer of 2007. Constru 2 0 0 7 ia d pha a I I construction
g ucta n
in two phases, with phase I breaking g round in April
beginning in April 2008.
PROJECT SCHEDULE
Include any important benchmarks, applicable timelines, etc.
2007
List Tag lcs/ ac nvjt,r' »° X
Begin construction
along Bass Lake
Road, including water
main project X
Break ground -phase 1 X
of condominiums
Complete water and X
sewer im rovements
Complete the majority
of Bass Lake Road
I construction
11
City of New Hope
City Council Resolution No. 2006- 33
Resolution approving the application to Hennepin County 's Transit Oriented Development grant
program for
funds to assist with the redevelopment of the Bass Lake Road Apartments site
(improvement project no. 795)
consists of approximately 3.5
WHEREAS, the Bass Lake Road Apartment site (the "Site")
acres of land with five tax parcels at 8400 and 8420 Bass Lake Road a nd 8401,
8411 and 8421- 58th Avenue; and,
Cit p l ans to redevelop the Site into for -sale multi - family housing with an
WHEREAS, the tY p
e mphasis on transit, wallcability, and general unproved quality of life m e
p
corridor; and,
funds to make the project financially feasible by assisting
WHEREAS, the City is seeking grant
with the redevelopment costs; and
EREAS, Hennepin County offers Transit Oriented Development TOD) giants to support
WH
ulti- 'urisdictional Transit Oriented Development housing and redevelopment
m
projects located adjacent to transit opportunities.
BE IT RESOLVED, that the City Council of the city of New Hope, Minnesota
NOW, THEREFORE, Minnesota Statues 383B.77, subd. 3., supports the Transit
in accordance with Minn
d Development loan/grant a pplication to be submitted by February 23,
Oriente p H and Redevelopment Authority by the city
2006, to the Hennepin County g
of New Hope for the Bass Lake Road Apartments redevelopment site.
Council of the City of New Hope,
I certify that the above resolution s 13th day of Feb ary L 2006.
Hennepin County, Minnesota, o� this Y
Signed:
s ffi is
Title: Ma or
Date: 3 CMG'
Title: Ci Clerk Date:' �' G' ---- --
Witnessed by: L
COUNCIL
al
Origi"" -' n �g - Department
Community Development
R e q uest • A
APpr"' o d for Agenda
July 24 , 2006
Agenda Section
Consent
Item No.
6.7
B Kirk McDonald, CD Director By:
Kim Bex ren, CD Assistant f
im lementing the grant award for watermain
Resolution approving a contract with Hennepin County p
a transit s helter related to the redevelopment of the
improvements and Bass Lake Road Apartments site
I (improvement project no. 767)
Requested Action a .rove the attached resolution approving a contract �^'lt
Staff requests that the City Council TOD grant
pp related to the Bass Lake Road
County. The contract pro vides that the city will receive a $350,000 Transit0 iented Development
for ms
tallation of a new watermain and construcnooaQ at ra nsit sh elter project.
Ap redevelopment project and Yukon /Xy o
p Practice d redevelopment of commercial an d resid {ntro.ectsp such as the
goal #2 emphasizes the maintenance an
Because o eted redevelopmen
the high costs as sociated i wio
seeks
to move toward its goal through targ
the city. The c it Y is site. rove the financial feasibility
proposed redevelopment of the B assistance, whenever possible, to imp
redevelopment, the city seeks g rant
projects.
Background and Redevelopment Authority
Back
g TOD) gran
Board of Commissioners au J une 2, 2006, the city was notified that the an�Oriented Developm glopment project (formerly called Village on t to the city of New
On t ( the Green). In his
thorized a $350,000 Tr execute Hennepin County Contract No. The contract allocates $250,00
Hope for the Bass Lake Road Apartments redevelopment inst
A061043, a cooperative agreement for Villag
e on the Green. helter on Bas Lake
letter, Patrick Conroy, from Hennepin County, requested that the
of a new waterm
ain on Bass Lake Road, and $100,000 to the construction of a new tran
Road.
Second by
Motion by
To:
I: \RFA \PLANNING \Livable Communities \Bass Lake Road Ap
is \Q & R- Resolution approving cooperative agreement for the TOD
Request for Action, Page 2 of 2
July 24, 2006
iewe
d the contract and provided the attached comments.. ofnote, able e c ontract re qures
The city attorney rev either party upon
city the to complete the work by December 31, 2008, and contract wool
a 30 day notice. Funding will be available in January
Recommendation
The attached resolution approves the contract with the County
Staff recommends approval of the resolution.
Attachments
1. Resolution
2. Hennepin County review f the ont oact
3. City attorney's
City of New Hope
City Council Resolution No. 2006- 10 5
un lementing the grant award for
Resolution approving a contract with H ennep in C ounty e he redevelopment of the Bass Lake
watermain improvements and a transit
Road Apartments site (improvement project no. 767)
WHEREAS, the Bass Lake Road Apartment site (the Sit) consists of approximately 3.5
e
acres of land
with five tax parcels at 8400 and 8420 Bass Lake Road an d 8401,
8411 and 8421- 58th Avenue; and,
s to redevelop the Site into for -sale multi -fa qua i housing in the
WHEREAS, the City plan eneral improved of li
emphasis on transit, walkabili .ty an d g
corridor; and, to assist with
e Ci sought and was awarded grant funds by Hennepin County
WHEREAS, th ty
the redevelopment costs; and, that the
WHEREAS, Hennep
in County requests that the city executDevelo cont ract
ment�(TOD) grant for
city will receive a $3501000 Transit Oriented
w watermain and construction of a transit
elinstallation of a ne
called Village
the Bass Lake Road Apartments redevelopment pproj roject.
on the Green) and Yukon /Xylon roadwa
E BE IT RESOLVED, that the City Council o{ No A061043 a ooperative
NOW, THERE
Minnesota, approves - the c ity of New Hope,
FORE, Contra
Henne County
agreement for Village on the Green. Minnesota, this 24tH
Cit Council of the City of New Hope, Hennepin County'
Adopted by the
day of July, 2006.
Mayor
Attest
City Clerk
y - _ _
From Steven Sondrall [SAS @Jensen- Sondrall.com]
Sent: Wednesday, June 07, 2006 5:02 PM
To: Green Kim
Cc: McDonald Kirk; Donahue Dan
Subject: Hennepin County Contract A061043 - Cooperative Agreement For Village on the Green
Kim
D rant for installation of a new water main and construction of a
At our request I reviewed the referenced contract. Basicallycontract provides that the City will receive , the contra
Y
tran ter for the OVillage onDthelGreen Project. g
2008. Paragraph 2 indicates
Paragraph one of the agreement requires us to complete the work
in accordance with our application for the grant.
e the work by December 3 ,
the money can only be used for site clearance and imp
after the invoices are received. Paragraph five keeps the are
independent contractor from the County. We also Para raph 3 indicates the procedure we have to fosl aw to receive payment. We need to submit invoices on or
g
furnished by the County. Payment is made 45 day h 5 and 6 makes us subject to Data Practices
this grant Parag ap and hold harmless the t t County Seasonable
supplying only money for the work in the form thin to the County a y agreement
regarding records and further requires us to ma default full disclosure of ev
cancellation. Subsection c. makes this
time upon their request. Paragraph
voidable by either party upon 30 days notice for any reason. Obviously, our breach of terms relieves the county
from making payments on the grant.
I have
no concerns with signing this agreement subject to f the terms tion of the terms herein. Contact me if you
have any further questions or need additional clarification o
Steve
Steven A. Sondrall
JENSEN & SONDRALL, P.A.
8525 Edinbrook Crossing, Ste. 201
Brooklyn Park, MN 55443 -1968
Direct: (763) 201 -0211
Firm: (763) 424 -8811
Fax: (763) 493 -5193
e -mail: sasjensen- sondrall.com
shall not be deemed legal advice, nor does it
authorized form of communication between lawyer and client, however security of this E -Mail message and
WARNING: Actual receipt of E -Mail communications should not be assumed. E -Mail communications maybe intercepted or inadvertently m i s directed. e
American Bar Association deems E -Mail a valid
attachments (if any) cannot be assured. Unless the text indicates otherwise, this E -Mail message and attachments (if any
create the relationship of Attorney/Client.
If the reader of this message is not the intended recipient or uthor to deliver
is prohibited. If you received this communication in e it sender e via e E map reply dissemination, distribution or copy of this communication
, p
07/18/2006
M 0
a"-,T-A
HENNEPIN COUNTY HOUSING AND ea olis, Minnesota T5540106112 348 -9260
417 North Fifth Street, Suite 320, M p
June 2, 2006
Kim Green
Community Development Assistant
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: Hennepin County Contract No. A061043
Dear Ms. Green: Housing and Redevelopment Authority
Congratulations! On May 9, 2006, the Hennep
in County TOD) grant to
ssioners authorized a $350,000 Transit Oriented Development
Board of Commi e for the Tillage on the Green Prof
the City of New Hop Bement implementing this
A061043,
in County Contract No. y attention. If you have questions,
Attached please find Hennepin ies and return to my
grant award. P348 2215 ute all three cop
call me at 612
Sincerely,
P �-OnnOy
Economic Development Project Coordinator
BOARD OF COMMISSIO eERS Gail Dorf
--- Peter McLaughlin Randy Johnson Linda Kobliok Penny Steele
man Mike Opat Mark Steng
D ®$ Housing, C ®rraa�unaty Works �cTrar6s9$
Hennepin co � 612- 348 -9260, Phone
® 612- 348 -9710, Fax
417 North Fifth Street, suite 320 612- 596- 6985,TDD /T us
Minneapolis, Minnesota 55401 -1362 www.co.hennepin.mmus
Kim Berggren
City of New Hope
4401 Xylon Avenue North
New Hope, NIN 55428
RE: Hennepin County Contract No. A061043
Dear Ms. Berggren:
er 14, 2006 Henne f New Hope County approved a $350,000 e Green
Congratulations! On N TOD) g rant to the e for the Village
Oriented Development
City o
Project. lements this grant
Contract No. A061043 which �ma d plan to
Attached please find Hennepin County ant agreement ro ect.
i ti on on progress in completing this p j
award. Please monitor all terms and condition of this gr'
periodically provide images and
If you have questions call me at 612 - 348
Sincerely,
P trick R. Connoy
Economic Development Project Coordinator
Enclosure
Recycled Pope
An Equal opportunity Employer
Hennepin County Contract No. A061043
ii'
VILLAGE O N
This Agreement made and entered into by and between h referred to as nnepin,
public body corporate State of Minnesota, a p ate and politic, MN 55487, an d the City of New
"COUNTY," A -2300 Government Center, Minneapolis, " 4401 Won
e in County Housing and Redevelopment
a public boy corporate and politic, hereinafter referred to as the "CITY,"
Hope, d
p e MN 55428, and the Henn. p
Avenue North, New Hop , olitic, hereinafter referred to as the "HCHRA," 417
Authority, a public body corporate and p
North Fifth Street, Suite 320, Minneapolis, MN 55401 -1362. award of
WHEREAS, by Resolution No. 06- HCHRA -lOS 1 pro'ect'H authorized an
$350,000 to the CITY for the Village on the Green (the J a
WHEREAS, by Resolution Nos. 2004 -14 and 6431, the CITY approved
redevelopment plan for the Project area (the "Plan "); and
WHEREAS, the Project fits within the goa ls of a multijurisdictional reinvestment
rang. authorized under Minnesota Statutes §383B.79 (the "Program "); and
pr o g
S the COUNTY has approved the Plan. and the Program, and has included
WHEREA ,
nt
the Project in its capital improveme plan; and
WHEREAS, the HCHRA has the authorit to participate in the Project pursuant to
W a pplicable law; and
Minnesota Statutes § §383B.79 and 469.001 to 469.047 and other app
WHEREAS, the COUNTY has the authority to contribute ble law��droject pursuant to
Minnesota Statutes § §383B.79 and 469.041 and other apple
WHEREAS, the parties are authorized to enter into this law; and eement pursuant to
Minnesota Statutes § §383B.79, 471.59 and other applicable
WHEREAS, the HCHRA wishes to contract with the CITY for construction of said
Project. s and agreements
NOW, THEREFORE, in consideration of the mutual undertaking g
hereafter set forth, the parties agree as follow
d Cost of the A re ement The CITY agrees t® complete the Project described
1 Term an
in
Section 2 by December 31, 2008. The COUNTY TY foI the Probect dough e
HCHRA -, an amount not to exceed $350,000 to the C
shall use all funds received under this Agreement for site
Use of Funds. The CIT Y dance with
a pplication submitted y the
2 rovements in accorh the
clearance and SCHR P dated February 23, 2 comp 006. The CITY shall be solely responsible
CITY to the H letion of the Project.
for securing all additional funds needed for
on the presentation of a claim
Pa meat. Payment shall be made directly to COUNT i payment o related of claims and /or
3 • — e xpenses on
in the manner provided by law governing invoices for construction exp
invoices. The CITY shall submit timely HRA p aymen t shall be
be furnished by the COUNTY or the HC.
forms which may ipt of the invoice.
days s from rece
made within forty -five (45) Y and manner of
ent Contractor. The CITY shall select ntdhe grans , method, d be COnstrued in any
4. Inde end is mte Parties
performing the services herein. Nothing of co- partners between the p
or establishing the relationship of the
manner CITY as the agent, represent
as creating the CI ative, or employee
hereto or as constituting whatsoever. Th
� Y purpose or in any manner CITY
independent contractor with
COUNTY or the HCHRA for ill secure at its own
to be and shall remain an respect to all services performed
resents that it h reement. Any grid
under this Agreement. The CITY e POig services under this Ag
personnel required in p a ed in the performance of any
expense all p persons while eng g
of the CITY
other e CITY under this Agreement shall have no cont ractual
all personnel eel
work or services requir Y and shall not be cO � i ht a rse tate of
under the
relationship with the COUNTY or the HCHRA, or mig
and all claims that may
Compens Act of the S
of the COUNTY or the HCHRA. Any went or alleged
Minnesota Economic Security La e Wo rkers'
g out of employ e CITY,
Minnesota on behalf of said perso ation
without limitation, claims of discrimination
employment, including, and hold harmless
be
agents, contractors, or employees shall in no way the responsibility of
f
its officers, ag The CITY shall defend, indemnify'
the COUNTY or the HCHRA. officers, agents, volunteers, and
its Officials, determination of any
the COUNTY and the HCHRA, person or other e of
employees from any and all such claims irrespe tivcour Such p
;board, co ssion, rights,
or benefits of
pertinent tribunal, agency compensation rig ,
wre nor be entitled to any including, without limitation,
persons shall neither req
Workers'
any kind whatsoever from the C � C r Y °ckh�dHvacation leave, a and
tenure rights, medical to men Compensation, disability, severance p Y
Compensation, Re -emp Y
retirement benefits. partners, employees,
Data Practices. The , its officers, agents, owners,
5 CITY the provisions of the Minnesota the Health
volunteers and subcontractors shall a bide o a Statutes, Chapter 13 (MGDPA),
Government Data Practices Act, Mitm Act and implementing regulations and orders
and Accountability of the same may be amended. If
Insurance Portability or confidentiality, and as any
relating to data privacy maintains or disseminates data
functions of the COUNTY pursuant to this Agreement, then the
the CITY creates, col�lencts, receives, stares, uses,
because it performs
2
with the requirements of the MGDPA as if it were a government
CITY must comply noncompliance. The CITY
entity, and may be held liable d hold harmless sthe COUNTY, the HCHRA, their
agrees to defend, indemnify an claims resulting from
officials, officers, agents, employees, and volunteers from y any volunteers', assignees'
the CITY's officers', agents', protected data, or other
ents , owners' , Partners', emP y
or subcontractors' unlawful disclosure e s ofthistion
r sec. s The CITY agrees to promptly
noncompliance with the requuem potential claims, are of notify the COUNTY or the HCHRA if it becmes aw o The terms of this s ection shall survive
facts giving rise to such, under the M
the cancellation or termination of this Ag reement.
requirements of Minnesota Statutes to the
6. Records — Availabgl /Acc S be e amended), the CITY agrees that the COUNTY,
Section 16C.05, Subd. 5 (as may or. any o f their duly authorized
the HCHRA, the State Auditor, the Legislative Auditor
representatives, at any time during
normal business hours, and as often as they may
bl deem necessary, shall have access to and �records�etc.�which ae
books, document audit,
reasonably , Papers
excerpt, and transcribe any radices and procedures of the CITY and involve ined and such
pertinent to the accounting p be maintai-
ons relating to this Agreement. Such materials serio
transacts the p d of the contract and for
access and rights shale na ion or ance
s ix (6) years after its
7. Mer er and Modification. artier is
It is understood and agreed that the entire Agreement between the p
a reement supersedes all oral agreements and
contained herein and that this A g elating to the subject matter hereof. All items
negotiations between the parties
erred to in this Agreement are incorporated or attached and are deemed to e
ref
part of this Agreement.
alterations, variations, modifications, or waivers een reduced to wr ting
b' Any be valid when they have b
Agreement shall only .
amendment to this Agreement signed by the parties hereto
g Default and Cancellation.
form any of the Provisions of this Agreement or so fails
CITY fails to per
a. If the the performance of the Agreement, this
to administer the work as to endanger
the CITY's default is excused by
shall co nstitute a default. Unless ca ncel this AgreementCn it
the HCHRA may upon written notice immediately can of this Agreement shall
entirety. Additionally, failure to comply with the terms
be just cause for the HCHRA for delaying Payment until the CITY's
compliance.
The HCHRA's failure to insist upon strict performance of any provision or to
b reement shall not be deemed a relinquishment or
exercise any right under this Ag
Such consent shall not
thr g
waiver of the same, unless consented to in writing pout the entire term of the
constitute a general waiver or relinquishment ou
Agreement. art upon thirty
C. . This Agreement
may be canceled with or without cause by any par
(30) days' written notice.
In order to coordinate the services1 the
9 g eeme t Patrick
Contract AdmiDistrat lish the purposes of
so as to ac comp
activities of the HCHRA shall manage this Agreement
on behalf of the HCHRA an
Connoy, or his successor, and the CITY.
serve as liaison between the HCHRA or made by a party hereto under
ce or deman
even and shall be
Notices. Any not' statu or or dinance d which must beg e n sent to the County
the terms of th
10. ___ ---- •s A reement or any di LINTY shall m writmg,
i g h of the Agreement. Notice
sent registered t certified s mail. ven in the opening paragraph
Administrator at the address go to
the Deputy Executive Director at the e d sent to
to the d in
HCHI2A shall be sent
aragraph of the Agreement. Notice e th m e CITY s a
the opening p erring paragraph of the Ag
address stated in the op
THIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
4
COUNTY BOARD APPROVAL
signed this Agreement, and the Hennepin County
The CITY and the H-CHRA having -�
B and o f C having duly approved this Agreement on the J day of
' 2006, a nd pursuant to such approval, the prob r COro vis TY officials having
ns herein set forth.
signed �i s A reement
the parties hereto agree to be bound y the 0-
g,
I
M
LI-A
10
0 • # WV1
By: -------
Chair of Its C
mate: k t) V"
An(
Dat
And: Assistant County Administrator - Public
Works
Date:
RECOMMENDED FOR APPROVAL
By:
4 ousing,
Depa rtment LH
Department
Community Works and Transit
Date:
HENNEPIN COT$-TA-1 -
REDEVELOPMENT
M.
And
r its Board
CITY of NEW yr
By:
Its: a or
And:
Its: Cit Ma er
CITY OF NEW HOPE
ATTACHMENT A
Authorized Work
r main
Installation of a new wate e Vii Hennepin
the Green Pr ject.
$250,000 support of the g
(Bass Lake Road) in
Construction of a new transit shelter on Hennepin County Road 10
$100,000 (Bass Lake Road) in supp ort of the Village on the Green Project.
$350,000 Total
Hennepin County Department of Hous C Works &Transit
612-348-9260, Phone
Suite 320 612-348-9710, Fax
417 North Fifth Street
Minnesota 55401-1362 612-596-6985,TDDITYY
Minneapolis ww w.co.hennepin.mn -us
November 17, 2006
Ms. Kim Berggren
City of New Hope
4401 Xylon Avenue North
New Hope, MN 5 5428
RE Hennepin County Contract No. A061043
Dear Ms. Berggren: a pproved a $350,000 Transit
Congratulations! on November 14, 2006 Hennepin County for th Village on the Green
Oriented Development (TOD) grant to the City of New Hope
Project. t No, A061043 which implements this grant
Attached please find Hennepin County COn of t hi s gran agreement and plan to
a ward. Please monitor all terms and conditions . n co mpleting this project.
periodically provide images and information on progress 1
If you have questions call me at 612-348-22
Sincerely,
- e
R on
P t�ric'k noy R&n
Economic Development Project Coordinator
Enclosure
'r�ecych'.d P
fi r, c"? UO' ( ° P ful'a1ty ErrPbYef
Hennepin County Contract No. A061043
COOPERATIVE A GREEN OR
VILLAGE ON THE
and between the County of Hennepin,
This Agreement made and entered into by p hereinafter referred to as the
State of Minnesota, a public body corporate and P tic, MN 55487, and the City of New
ernment Center, Minneapolis, " 4401 Xylon
,,COUNTY," A -2300 Gov litic, hereinafter referred to as the "C and Redevelopment
Hope, a public body corp orate and po in County Housing
MN 55428, and the Hennepin
Avenue North, New Hope, p hereinafter refer to as the , I-ICI-IRA," 417
Authority, a public body corporate and p
North Fifth Street, Suite 320, Minneapolis, MN 55401 -136
WHEREAS, by Resolution No. 06- HCHRA
lOSI the HCHRA authorized an award of
00 to the CITY for the Village on the Green (the "Project "); and
$350,0 roved a
WHEREAS, by Resolution Nos. 2004 -14 and 6431, the CITY app
redevelopment plan for the Project area (the "Plan "); and
fits within the go " Program"); of a multijurisdictional reinvestment
the Project
WHEREAS, ram "); and
program authorized under Minnesota Statutes §383B.79 (the as included
AS the COUNTY has approved the Plan and the Program, and
WHERE �
the Project in its capital imp rovement plan; and pursuant to
WHEREAS, the HCHRA
has the authority to participate in thli able law; and
Minnesota Statutes § §383B.79 and 469.001 to 469.047 an d other app
WHEREAS the COUNTY has the authority to contribute to the Project pursuant to
Minnesota Statutes § §383B.79 and 469.041 an d other app licable law; and
arties are authorized to enter into this agreement pursuant to
WHEREAS, the p
Minnesota Statutes § §383B•79, 471.59 and other app licable law; and
WHEREAS, the H
CHRA wishes to contract with the CITY for construction of said
Project.
NOW,
THEREFORE, in consideration of the mutual undertakings and agreements
hereafter set forth, the parties agree as follows:
fete the Project described
agrees to contribute, through the
1 Term and Cost of the A Teem Moog The CITY ICOUNTY ag ree CITY for the Project.
in Section 2 by December 31,
H
CHRA, an amount not to exceed $350,000 to the
P
3.
Use of Funds. The CITY shall use all funds received under this Agreement for site by the
clearance and site improvements in accorda applicat t
006 The CITY shallbe so elyres
bruary 2 pon responsible
CITY to the HCHRA dated Fe ,
for securing all additional funds needed for completion of the Project.
Payment Payment shall be made directly to e COUNTY'S payment of cla and /or
in the manner provided by law governing th
invoices. The CITY shall submit t theCOUNTYsorothe HCHRA. Pa shall be
forms which may be furnished y
made within forty -five (45) days from receipt of the invoice.
r of
Independent Contracto The CITY shall s d COnstruedi n any
performing the services herein. Nothing is intended or should be
manner as creating or establishing the relationship of co- partners between the parties
hereto or as constituting the CITY as the agent, representative, or employee of the
COUNTY or the HCHRA for any purpose or in any manner whatsoever. The CITY is
to be and shall remain an independent contractor with respect to all services performed
under this Agreement. The CITY represents that it has or will secure at its own
expense all personnel required in performing services under this Agreement. Any and
all personnel of the CITY or other persons while engaged in the performance of any
work or services required by the CITY under this Agreement s have o employees
of the COUNTY or the HCHRA. Any y
relationship with the COUNTY or the HCH all claims that may or might arise under the
Minnesota Economic Security Law or the Workers' Compensation Act of the State of
Minnesota on behalf of said personnel, arising out of employment or alleged
employment, including, without limitation, cla
shall m no wa be the responsibility of
its officers, agents, contractors, or employ e
the COUNTY or the HCHRA. The CITY shall defend, indemnify, and hold harmless
the COUNTY and the HCHRA, its officials, officers, agents, volunteers, and
employees from any and all such claims irrespective of any determination of any
pertinent tribunal, agency, board, commission, or court. Such personnel or other
enefits of
persons shall neither require nor be entitled t nncluding�wtithoublirnitation,
any kind whatsoever from the COUNTY or the HCHRA ,
tenure rights, medical and hospital care, sick and vacation leave, Workers'
Compensation, Re- employment Compensation, disability, severance pay, and
retirement benefits.
5. Data Practices. The CITY, its officers, agents, owners, partners, employees,
volunteers an d subcontractors shall abide by the provisions of the Minnesota
Government Data Practices Act, Minnesota Statutes,
Chapter 13 (MGDPA), the Health
Insurance Portability and Accountability Act and implementing regulations and orders
relating to data privacy or confidentiality, and as any of the same may be amended. If
the CITY creates, collects, receives, stores, uses, maintains or disseminates data
because it performs functions of the COUNTY pursuant to this Agreement, then the
2
CITY must comply with the requirements of the MGD A as ifli were
The ern�ment
entity, an d may be held liable under the MGDPA for
agrees to defend, indemnify and hold harmless the C fm any c aims resulting ting from
fd
g agents, employees, and volunteers
officials, officers, ag to
the CITY's officers', agents', owners', partners' , employees', volunteers', assignees'
y
or subcontractors' unlawful disclosure and /or use on s The CITY agrees to promptly
noncompliance with the requirements of this sects p otential claims, or
notify the COUNTY or the H CHRA
under the i it bec The terms of this section shall survive
facts giving rise to such, and
the cancellation or termination of this Agreement.
6. Records - Availabilit . Subject to the require TY agrees the COUNTY,
Section 16C.05, Subd. 5 (as may be amended), e
the HCHRA,
the State Auditor, the Legislative Auditor or any of their duly authorized
representatives, at any time during normal business hours, and as often as they may
ss to and
to examine
reasonably deem necessary, shall have acce th r ecords tc hich a
excerpt, and transcribe any books, docume p of the CITY and involve
pertinent to the accounting practices and p such
transactions relating to this Agreement. Such materials s hall
eriod of the cont act for
access and rights shall be in force and effect during the p
six (6) years after its termination or cancellation.
7. Merger and . Modification. _cati°n•
is
a . It is understood and agreed that the entire Agreeme all between oral ag ee
contained herein and that this Agreement supe
negotiations between the parties relating to the o attached and are deemed to be
referred to in this Agreement are incorporated
part of this Agreement.
b. Any alterations, variations, modifications, or w aivers ced to wr g t
an
Agreement shall only be valid when they ha been redu
amendment to this Agreement signed by the parties hereto.
g. Default an d Cancellation.
of the provisions of this Agreement or so fails
a . If the CITY fails to perform any p Ag reement, this
to administer the work as to endange the p def an ds excused by the HCHRA,
shall constitute a default. Unless
the HCHRA may upon written notice immediately terms of this Agreement s hall
entirety. Additionally, failure to comply with
be just cause for the HCHRA for delaying payment until the CITY's
compliance.
b. The HCHRA's failure to insist upon strict performance of any provision or to
exercise any right under this Agreement shall not be deemed a relinquishment or
3
waiver of the same, unless consented i � writing. Suc consent shall not
throughout the entire term of the
constitute a general waiver or relinq
Agreement.
t may be canceled with or without cause by any party upon thirty
C. This Agreemen Y
(30) days' written notice.
istration. In order to coordinate the servic of this h Agreement, Patrick
g, Contract Adn: so as to accomplish the purposes
activities of the HCHRA shall manage this Agreement on behalf of the HCHRA and
Connoy, or his successor, and the CITY .
serve as liaison between the I - art hereto under
notice or demand which must be given or made by a p Y and shall be
lo. Notices. Any reement or any statute or ordinance shall be in writing,
the terms of this Ag reement. Notice
certified mail. Notices to the COUNTY h of the Ag t to the County
sent registered or opening paragraph
Administrator at the address sent o to the CITY s the Deputy Executive Director t the be dress the d m
to the HCHRA shall
e gg paragraph of the Agreement. Notice
the op of the Agreement.
address stated in the opening
paragraph
T
HIS PORTION OF PAGE INTENTIONALLY LEFT BLANK
4
COUNTY BOARD APPROVAL
The CITY and the HCHRA having signed this Agreement,
the the
da ofin County
B Mardf Commissioners having duly approved this Agr
eement 6, and pursuant to such approval, the proper COUNTY officials having
200
signed this Agreement, the parties hereto agrcc to be bound by the provisions herein set forth.
sign g
COUNTY OF HENNEPIN
Date:
And:
c A
Date:
Date: M/ ) �l
HENNEPIN COUNTY HOUSING AND
REDEVELOPMENT
AUTHORITY
And
And � - Aa__ --�
Assi "stant County Administrat�®r- ubl ic
Works
('hair of its Board
CITY OF NEW HOF
CITY OF NEW HOP
ATTACHMENT A
Authorized Work
ation of a new water main on Hennepin County Road 10 (Bass Lake Road) in support of the Village $250,000 Install eon the Green Project.
ion of a new sit shelter on Hennepin County Road 10
Construct tran eon the Green Project.
$100,00
(Bass Lake Road) in support of the Villag
$350,000 Total
COUNCIL
k McDonald, CD Director By:
s y : Kir
Kim BeTggTe CD Assistant
is Development on an exclusive negotiation agreement
Apartments site and au
the Bass Lake Road tiate the potential
Motion authorizing staff to thorizing the city attorney to nego
oordmate with Insig
Apar t
ent project no. 767)
the property (improvem
ruary 20, 20 Council
tion irection give au thorizing n at the with s gn a
Requested Ac staff to coordin
In follow -up to the discussion on this project and Apartments site and auth
session, staff requests uests that the City Council appTOVe or he Bass Lake Road A p
Development on an exclusive negotiation n agreem{ on of the property
the city attorney to negotiate the potential
Practice e c it y will encourage maintenance, redevelopment,
One of the strategic goals of w th
Poli cy /Past Pra has approv
the City Plan states that th y
ne
o to improve the tax base. In the past otiated the acquisition of property for the
, the city
reinvestment m properties p
agreements and a g
developers on exclusive negotiation
purpose of r edevelopment .
ground
20 2007, won out
when this topic
with Back work sessio and without
Please refer to the attached RFA from the February at it was generally favorable to authorizing
discussed the cost comparisons between the redevelopment prole on the
the work session, staff d1 The Council indicated t artments property based
the road realignment project (attached).
enerally agreeable to having
or the otential purchase of the e ntire 0 hh Council aalso p as g elusiv
staff meet with Insignia Development
agreement for a potential redevelopment project at e n egotiation
negotiation f p appraisal value of $2,1 a draft ex
November 2006 updated app
to start he process of preparing
_ Second by
Motion by
To: ect Feb 2007.doc
munities \$ass Lake Road Apts \Q--Discussion abotu BLR a pts p ro J
I: \RFA \PLANNING \Livable Com
Request for Action, Page 2 of 2
February 26, 2007
Ne xt steps i n signia Development, more details will be p resente d
w ith both the
After staff meets w ill keep the C Ne P pr ith representatives from n g p res e nted to the Council
property owner and developer, and all agreements for review and approval.
• � t ideas for the site. Staff will TeS upda ted on the
Insignias Projec e p
Staff recommends approval of the motion.
Attachments: without attachments)
■ February 20, 2007, RFA
■ February 2007 cost summary estimates for project
■ Traffic analysis
WORK SESSION
X 1 %
Originating Department
Community Development
By: Kirk McDonald, CD Director
Guy Johnson, PW Director
Kim B erggren, CD Assistant
Request for •
Approved for Agenda
February 20, 2007
=I
Agenda Section
Work Session
Item No.
Follow -u p discussion about the proposed Bass Lake Road Apartments redevelopment project and the
associated roadway alignment project (improvement project no. 767)
Requested Action
Staff requests that the City Council discuss the proposed Bass Lake Road k session, the Council discussed q cussed this
and associated roadway alignment the estimated cost ofredevelopment without the road project.
project and requested information about
Background
Please refer to the attached RFA dated January 16, 2007, for detailed background information.
Infrastructure
At the Council's request, the city engineer is in the process of determining w ith o ut the roadway projectsThe t
with the proposed redevelopment of the Bass Lake Road Apartments
n ineer prep ared the attached memo outlining the scope of work for the traffic
andthe ci
engineer manager authorized
g
infrastructure needs. On January 31, city T sttae fcrltevie e the proposed
ll the preliminary results at the work
the engineer to begin the traffic study y
session.
Appraisal
Per the request of the Council, staff obtained an updated appraisal ex at $3,1,000.
Bass
updated appraisal,
September 2005, Herman Appraisal Services valued the complex condition of the
completed in November 2006, values the complex at $2,145,000, which refle esa h ra ° er e the g value of only the
Bass Lake Road Apartments and the d vac cant
o0e0 building. 0 According to pp
i.-n,i /h „i]dinas needed for the ro •
Motion by
Second by
To:
I: \RFA \PLANNING \Livable Communities \Bass Lake Road Apts \WS -- Discussion abotu BLR apts project Feb 2007.doc
Request for Action, Page 2 of 2
January 16, 2007
i Tanning to meet with the firm s
Redevelopment ested that they might
' ed in communication with Insignia Iheselo a representatives es have sugg
Staff has remained side of 5 8th Avenue into a
president again following the work session discussion.
feasibility of incorporatin as recently sold, the
want to reconsider the f g the four homes on the north one w
of the roject. On a related note, city nse
two of the four home in spections
t ro'ect. Because bl are curren for sale, g otten
redevelopmen p J ortant to the feas y
timeline for acquisition might be imp
schedule rental inspections
at the Bass Lake Road Apartments in w the /1once ction of the apartments might or
o ram up and running- The Council may want to cons'
der o
pr g
' t not affect the proposed negotiated acquisition of the buildings-
m i g ht
two grants that would assist with p o tential
awa d include the
Funding ( TOD) gran
C Transit Oriented Development
As the Council is aware, the city has been awarded
improvements. The Hennepin �' T e p roposed controlled intersection a t Bass s project, the
County to verify that the
't does not move forward with the roadway align p
requirement of a new bus shelter o n ihe south side oft d p H e nnepin q
and Yukon /Xylon avenues. If the y
shelter will be affected. Staff recently sent a letter to
le to the city if the redevelopment
pr oposed bus wo uld remain availab
projec
$35000 TOD grant received for the pTol ect (attached)
completed without the roadway Pro) ends
Recommendation/Next Steps ward with the proposed redevelop me n s p s ite e prov ide sta
and d
If the Council would like to keep moving forward
a purchase offer on the Bass Lake Road Apar irectio e from the Counci
that the Council D evelopment- If the
v co nsider making road project. Staff also requests delo
i go
on whether or not staff should con f Lake Road Apartnents sc e with Insignia tiation
about Pursuing the red ev project on the site.
Council is Wel°opkm g
wi th I arty wil nsignia, staff suggest s that file' p
prepare an exclusive ne
interested terested in t to evaluate a possible redevelopment
agreement outlining the steps that each p
Attachments
Memo from city er�gmCCl rant
• • n �'e in County regarding TOD g
Letter to He p (Background)
January6, 2007 RP, a nd attachments ( Back g
•
February 2007
Bass take Road Project: Sources and Uses
Redevelopment
Redevelopment only, with Redevelopment
ly, no grants
and road project TOD g rant on Comments
$ Amount $ Amount
$ Amount _ grant funds available 2008
d by end 2008
Sources 1,434,6 - grant must be use
2
Federal TEA -21 grant 350,000 350,000 - County budgeted funds for 2007
Hennepin County TOD grant -
supp for 280,000 2007
Hennepin County local ?? ?? application due July
roadway project ?? 99 TBD
�� prop osal for 135 units
Livable Communities Grant �� based on PariPassu's rop
ents 35,572,420 35,572,420
City funds /TIF /Land Paym 35,572,420 35 „572,420
Sales value 37 35,922, 420
TOTAL SOURCES Comments
$ Amount
$ Amount $ Amount
Uses 2,145,000 Nov. 2006 appraised value
Hard Costs: 2,145,000 2,145,000
Bass Lake Road Apartments 214,500 on acquisition of apartments
acquisition 214,500 214,500 est. $50,000 per building
10% 250,000 250,000
Acquisition
contingency 250,000 288,000 est. 56,000 per unit from June 2005, assume 4
Demolition of apartments* 288,000 288,000 units occu ied
Relocation of tenants 28,800 28,800
28,800 _ est. June 2006
Relocation contingency 10% 267,000 _
Remaining right -of -way acquisition 26,700
_ one 00 estimate June 200
ROW contingency 10% 1,793,0 384,000 Bonestroo estimate 2006
Roadway alignment 20
ent project 384,000
ober 2005
Watermain capacity increase project* ,000
273 , 000 Bones tr oo estimate Oct
273,000 273,000 00
1,000 100,000 Req uirement of TOD grant
Lift station 100,000 100,000
Transit shelter 150,000 100,000 355,093 P estimate 2006
355,093
Bury overhead electric 355,093 719,536 PariPassu estimate 2006
Site correction/ponding 719,536 719,536
,463 107,463
Soil correction 107 107
,463 910601 Weis Builders estimate for PariPassu protect
Soil/site contingen 24,,
cy 10% 24,910,601 24,910,6 2005/200
Redevelopment construction costs* 170,000 170,000
170,000
Parking lot reconstruction (golf 30,045,993
course)
32,118,693 30,045,993
Total Hard Costs:
25% of construction cost estimate
Soft Costs: 448,250 42,500 25% of construction cost estimate
Roadway alignment indirect costs 42,500 42,500
Parking lot reconstruction 80,000
96,000 96,000 25% of construction cost estimate
indirect costs 68250 68,250 25% of construction cost estima e
W atermain pro j ect 68,250 , 430,839 10% remaining hard costs
Lift station indirect costs 465,209 430,839 paripassu estimate 2006
City adnvnistration/p 10,661,8
rofessional fees 10,661,819 10,661,819
/finance
redeveloper fees / marketing 11,299,408
costs 11,766,028 11,299,408
41,345,401 41,345,401
Total Soft Costs: 43,994,721
TOTAL USES (5,772,981)
* includes contingency (61247,613) (5,422,981)
difference (sources -uses) 474,632
824,632
Savings with no road project
J (J Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
2335 West Highway 36 ■ St. Paul, MN 55113
Office: 651 -636 -4600 ■ Fax: 651 - 636 -1311
www.bonestroo.com
MEMORANDUM
To: Guy Johnson, Director of Public Works
Cc: Vince Vander Top, BRAA
From: Sonja Piper, BRAA
Sheldon Johnson, BRAA
Subject: Traffic Analysis
Bass Lake Road & Yukon Avenue
Project #:000034 - 0 7194 -0
Date
I, Introduction
This document contains the analysis and ru
incurred by the construction of new condor
existing apartments and rte is intersection of Bass
northeast corner of the in
+i,;. analysis are:
is of a traffic impact study for potential impacts
uums. The City of New Hope intends to demolish
adominiums. The redevelopment is located in the
,r-� - P ,,,i and Yukon Avenue N. Intersections
included m 1
• Boone Avenue & West Meadow Lake
• Bass Lake Road & Yukon Avenue
• Bass Lake Road & Xylon Avenue
The location of the study area anti ana>yb1b
is shown on Figure 1.
The new condominiums Will
contain 150 dwelling units. The redevelopment site was analyzed
with three different scenarios. These included:
'0 1 — assumes .the main access to the condominiums to be along Bass Lake Road
Scenario
opposite Xylon Avenue N. Yukon Avenue
Scenario 2 - assumes the main access to the condominiums to be along
north of Bass Lake Road.
Scenario 3 — assumes that Yukon Avenue
will be
be as s tated in current
Scenario l
connection with Bass Lake Road and access cted
Turning
were condu
7: -- movement counts were conducted as a part of this s February The 6 counts and Wednesd ,2007
between 7:00 9:00 a.m. and 4:00 — 6;00 p.m. on Tuesday,
February 7, 2007. he turning movement counts were conducted at each of the study
Fe ry
intersections mentioned above.
February 16 200
■
Willma o o era d� p ogee Owned Chicago, 1L
St. Paul, St. Cloud, Rochester,
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GREENFIELD CORCORAN BRDOKLYN PARK
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ROCKFORD HENNEPIN COUNTY CENTER
RYS
LO❑RETTO NEW
HOPE
INDEPENDENC
MEDINA PLYMOUTH
MAPLE PLAN GOLDEN
VALLEY
ONG LAKE wAy TA n
ORONO MINNETONKA ST. LOUIS
MINNETRISTA PARK MINNEAPO
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DEEPHAVEN HOPKIN
FIGURE 1
Location Map And Study Intersections
Bass Lake Road Redevelopment
City Of New Hope
I : \34\ 3407194 \Cad \Dwg \3407194_FIGURES. dwg
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NOT TO
SCALE
Bonestroo
Rosene
Anderlik &
Associates
Engineers & Architects
HENNNEPIN COUNTY
", Existing Conditions under side - street
speed
The intersection of Boone Avenue and W ont lied by the s op s e
sign.The p osted limit
Meadow
stop control, with West Meadow Lake Road -south roadway are no
m h on both roadways. Boone Avenue is a two -lane, north . e
is 30 p
Lake Road accounts for the westbound movement e Avenue a lso atwo -lane roadway. an
turn lanes on West Meadow Lake Road or
' past this
The intersection of Bass Lake Road and Yukon 1 e Bass Lake Roads " side- street stop
free flowing e through
condition. Yukon Avenue is required to p,
sted s eed limit on Bass Lake Road is 3 ad. No
intersection. Yukon Avenue accounts for nortoh -south movement,and' does no continue
nit
the intersection with Bass Lake Road. Thep Yu Avenue and Bass Lake Road.
Lake Road is a four -lane road with no turn lane Yukon Avenue is a 't r
Bass Lak
additional turn lanes are present at the intersection o
The intersection o
f Bass ontrolled side- street stop
Lake Road and Xylon Avenue is also c or
through the intersection with Bass
n Avenue is the side street required to stop and accounts for north -scut
condition. Xylon h and one right turn
movement. Xylon Avenue currently does not ay continu
a° eed li of 30 nip
Lake Road. Xylon Avenue is a two -
lane at the intersection with Bass Lake Road.
lane roadway P
lane and one left -turn
ure 2 shows the existing lane configuration and traffic volumes.
Fig
Site Generated Traffic Characteristics re estimated using the Institute of
the new niums
s enerated by nth Edition, 2003. This industry
The projected trip g re ort titled Tripes 1O —
Transportation Engineers (ITE) ' uses based up on studies completed across
P
standard document provides average trip rates for land'
the nation. Table 1 shows
the estimated trips generated for the new condominiums assuming 150
dwelling units -
Table 1
Estimated Trips Generated Daily
PM Peak Hour
AM Peak Hour Exitin g
Enterin Exitin En 5n 26 880
L an___ d Use 2
55
1l
Condominiums roadways
me of new trips will be added to the existing volumes on the study
This is the volume that quantified, the volumes were then emen u
al new traffic q counts.
and intersections. With the p
otenti ed from the p revious turning m
the study intersections based on the trends obsery
hwa 36 • St. Paul, MN 55113 • 651- 636 -4600 • Fax: 651 - 636 -
2335 West Hig Y
IV. Analysis
A. Existing Volumes
The a.m. and p.m. peak hour volumes for each intersection were analyzed resented i the
Highway
Synchro /SimTraffic software package, which uses the methodology presented is a
generally in terms
Ca aci Manual These results are presented
nd o s s within a traffic streamL gS .
qualitative measure describing operational c• tions, and comfort. A 'rst result with
of service measures such as speed, freedom little Or o no delayeA LOS F repre ent t he wo within the
excessive delay and
LOS A represents the best result w most agencies
queues. A LOS D is usually the lowest accept
ed,Y
Metro area.
n be seen in
Figure 3 shows the analy
F 3, sis results in terms of LOS
the northbound er,
d left movement at the int
operates at a LOS D during the a.m. peak hour. The
intersection of Bass Lake Road and Yukon Avenue
hour. However, these are still acceptable LOS. The
operating at satisfactory LOS.
B. Post Redevelopment
As discussed previously, the post
scenarios.
Scenario 1 —
opposite Xylc
Scenario 2
Of Bass Lake
M
opposite
t the primary access to the redeveloped condominium site
Avenue. Figure 4 shows the post- redevelopment volumes at the
study intersections. ca
Fi ure 5 shows the LOS results for Scenario 1 of Bassn be seen in this Lake d and Xylon Avenue
Roa figure, the
g
nor thbound left m ovement at the intersection .the p m. peak hour,
p
operates at a LOS D during the o peek hour e sou hbounnd left mo during ment at the d the
this is due, primarily, to the low
intersection of Bass Lake Road and Yukon movement at the intersection of Bass Lake Road and
p.m. peak hour. The southbound left ring t he p. m peak hour. However, these are still
Xylon Avenue operates at a LOS C during t p LOS as well.
acceptable LOS. The remaining movements operate at satisfactory
2335 West Highway 36 -
access
the main access to
existing conditions. As ca
of Bass Lake Road and Xylon Avenue
ound left movement at the
;s at a LOS C during the p.m. peak
i"0r ctndv intersections are currently
ve been broken down into three
to be along Bass Lake Road
to be on Yukon Avenue north
11 be terminated north of its current
will be as discussed in Scenario 1.
1- 636 -4600 •Fax: 651 - 636 - 131
St. Paul, MN 55113 • 65
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LEGEND
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XX /XX EXISTING AM /PM PEAK HOUR VOLUMES
EXISTING LANE GEOMETRY
FIGURE 2
Existing Peak Hour Volumes
Bass Lake Road Redevelopment
City Of New Hope
I : \34 \3407194 \Cad \D W 9 \3407194_FIGU RES. dw9
NOT TO
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Rosene
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Engineers & Architects
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LEGEND
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XX /XX EXISTING AM /PM PEAK HOUR LEVEL OF SERVICE
EXISTING LANE GEOMETRY
FIGURE 3
Existing Peak Hour Level Of Service
Bass Lake Road Redevelopment
City Of New Hope
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LEGEND
FUTURE DEVELOPMENT ACCESS
XX /XX EXISTING AM /PM PEAK HOUR VOLUMES
EXISTING LANE GEOMETRY
FIGURE 4
Scenario 1 - Peak Hour Volumes
Bass Lake Road Redevelopment
City Of New Hope
I: \34 \3407194 \Cad \Dwg \3407194_FIGU RES.dwg
1/9 �, 6/38 . 4 1
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LEGEND
FUTURE DEVELOPMENT ACCESS
XX /XX EXISTING AM /PM PEAK HOUR VOLUMES
EXISTING LANE GEOMETRY
FIGURE 4
Scenario 1 - Peak Hour Volumes
Bass Lake Road Redevelopment
City Of New Hope
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1/9 �, 6/38 . 4 1
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Rosene
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Engineers & Architects
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LEGEND
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XX /XX EXISTING AM /PM PEAK HOUR LEVEL OF SERVICE
EXISTING LANE GEOMETRY
FIGURE 5
Scenario 1 - peak Hour Level Of Service
Bass Lake Road Redevelopment
City Of New Hope
I: \34\ 3407194 \Cad \D`g \ 3407194_FIGURES.dwg
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Rosene
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Engineers & Architects
Scenario 2
Scenario 2 assu med that the main access to the condominiums intersect on Yukon venue.
Figure 6 shows the post - redevelopment volumes at the
Figure 7 s the LOS results for Scenario 2. As can Lake Road and Yukon Avenue
ass Lake Road and
m, eak hours. Bass
southbound left k
movement at the intersection of as a Lbs C during the p. p
operate at a LOS C during both the a.m. and p eak hour and ,,
at a LOS D during the a.m. p m ovements also
Avenue operates
hour. However, both of these are acceptable LOS. The remaining
operate at acceptable LOS.
Scenario 3 intersection Of
Scenario 3 assumes that will be terminate u
closed and Yukon Avenue
previously using that intersection Fi will
8 shows
and West Meadow Lake Roa g
scenario.
Figure 9 shows the LOS results for 5ce
TI movement at the inte
operates at a LO
left S D during the a.m. pf
At the intersecton of Bass Lake Road
operates at a LOS' C during the a.m. p'
acceptable LOS.
in Avenue and Bass Lake Road will be
r th of Bass Lake Road. All traffic
ted to the intersection of Boone Avenue
he traffic volumes associated with this
As can be seen an this d g'Avenue
[Bass Lake Road a X y 1on peak hour.
and a LOS C during the p.m. P
on Avenue the southbound left Temovement at
. The remaining movements op
.Fax: 651 -636 - 11
2
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LEGEND
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XX /XX FUTURE AM /PM PEAK HOUR VOLUMES
4...■ LANE GEOMETRY
FIG URE 6
Scenario 2 - Peak Hour Volumes
Bass Lake Road Redevelopment
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LEGEND
®.. ®..® FUTURE DEVELOPMENT ACCESS
XX /XX FUTURE AM /PM PEAK HOUR LEVEL OF SERVICE
4,.. LANE GEOMETRY
FIGURE 7
Scenario 2 - Peak Hour Level Of Service
Bass Lake Road Redevelopment
City Of New Hope
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FIGURE 8
Scenario 3 - Peak Hour Volumes
Bass Lake Road Redevelopment
City Of New Hope
I: \34 \3407194 \Cad \Dwg \3407194_FIGU RES, dwg
Bonestroo
Rosene
MEIN Anderlik &
Associates
Engineers & Architects
QQ
BASS LAKE ROAD
LEGEND
FUTURE DEVELOPMENT ACCESS
XX/XX FUTURE AM/PM PEAK HOUR LEVEL OF SERVICE
+1 LANE GEOMETRY
FIGURE 9
Scenario 3 - Peak Hour Level of Service
Bass Lake Road Redevelopment
City of New Hope
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C, Crash Analysis
The crash history for each of the study
intersections was examined for the past
three years, 2003 - 2005. The crashes
were examined for any outstanding
trends which would suggest safety
deficiencies at the intersections. The
crash rates were compared to the 2005
Minnesota Roadway & Crash Facts,
which are shown in the illustration at
the right.
The intersection of Boone Avenue and West Meadow
the three -year timeframe. According to the crash repo
snowy road and did not occur at the intersection. it vv.
6oijne A4e &W Maade.v Lake Rd
10
09
0e
07
o.s
� p.5
0 4
0.3
0.2
CA
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J a a
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m C9
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0 -9
os
07
0.6
05
0.a �
03
32
[', 1
ac
ike Road had one'recorded crash during
the incident happened on an icy or
reported to be a propert y damage crash.
'figure 10 shows the severity of the crash
in+ near this intersection.
At the intersection of Bass Lake Road and
Yukon Avenue there were three crashes
recorded during the three -year timeframe.
T of the three crashes were
intersection- related while the third was
reported as not occurring at the
intersection. The non - intersection crash
involved a driver running off the road.
The second recorded crash was a left -turn
crash, the third was a rear -end situation
involving three vehicles. Figure 11, on
the next page, shows the severity of the
crashes recorded.
Q �
O a C?
The intersection of Bass Lake Road an
Xylon Avenue had nine recorded crashes.
Swm3'r _j However, two are overlaps from the Bass
u1512007 tnrldem � . Lake Road and Yukon Avenue crash
Figure 10 reports. According to the report, there
was a total of four rear -end, one right- angle, °n s the severity of the crashes recorded at this
wer not reported. Figure 12, on the next page, show
intersection.
2335 West Highway 36 • St. Paul, MN 55113 • 651- 636 -46 ® Fax: 651 -636 -131
2n 16
a 10 09
G 02
OD
Figure
Froin the sever o f the crashes, the crash ral
co rnpared to the 2005 Mi RoadwaY al
intersection to t h e s t a t e average crash rate,
s
Figure 12
detennined at each intersection and
L Facts. The table below cOmPares each
Table 2
Intersection Crash Rates
2005 MN
Crash
Intersection
Crash ate* Rate*
Intersection
BooneAve& 0,12 3.1
Yukon Ave 3.1
Bass Lake Rd & 0.37
lon Ave er niles traveled.
Tab I le 1 2, the intersection of Bass Lake Road and XylOn A has th highest
As can be seen in ate - This mea ns that none of the
crash rate; however it is s till well below the state average crash r rovements.
intersections s tudied have crash rates that would war rant additional saf 1m P
st. Paul, MN 55113 e 651-636
2335 west Highway 36*
and Recommendation of New
v Findings an area within the City
This traffic impact study an the effects of redeveloping units. Three scenarios were
Hope to construct approximately 150 condominium dwelling
existing lane configurations and
l
e ost- deveopment condition. From ae hle analysis standpoint,
the three
analyzed for th p resent ,
Based on the analysis p communi
condominium
stud intersections are adequate. The reri evelopment of this site m o
scenarios were similar. ty and the City of New
traffic control at it y p impact to the surrounding s will have a
Hope.
preferred alternative. There are benefits it th condominium e and Bass Lake
Scenario 1 is the prefe
opposite Xylon Avenue. The access should be lined up with y from the
Road intersection such four-legged intersection is formed: This ff c away with future traffic
h that a fo g ease the resident the
o at this location could
residential ini s living on Yukon
erations. The access also app the tra
p
residential streets of Yukon Avenue,
Avenue.
Scenario 2 is also an adequate solution; however z)ceila— _ ,
laced the condominium access along Yukon
This scenario p
nd
B
the condominium traffic will i utiliz
re of the Burr° Ra gaa e
their trip. Given the resident
condominium traffic to utilize aori A gV e n� �� p l
the additional traf er the fic off th tra f
fe by not increasing the traffic on that road. Scenario 2
sa tY
the preferred alternative.
It was assumed that most of
Avenue intersection to begin
lore favorable for the
development. This will keep
its of Yukon Avenue more
7e the benefit of removing an
access from Bass Lake Road.
1 The termination of Yukon
Of the three scenarios a.
Avenue is not desirable
utilize the Boone Aven.
e least favorab e.
;sidences in the area thatle access for these
ake Road access. A sing e intersection of Yukon
vehicle point of view. Th
0 Fax: 651 -636 -1
36 • St. Paul, MN 55113 • 651- 636 -460 •
2335 West Highway
February 27, 2007
Don Uram
h,jsiSrda Development
6889 Rowland xoad 55 suite 10
Eden Prairie, MN 3 4 '
Dear Don Ura,171* Co uncil meeting, the Council a pproved a
ruary 27, 2007, New 'lope City CO
reement with insignurchase offer on
is
At the Feb ate an interim ag
y to ma ke a t)
motion authorizing staff to a or the city attorne I Development, The Counil so authorized e updated appraisal figure o btained in
the Bass Lake Road Apartments based on th
November 2006,
forward w ith the redevelopme
s the opt for moving eeting If y ou have any
We l forward t ents site a t our March 2 in c an be reached
o f the Bass Lake R artm contact Kim Berggren at 763-531-5196 or
questions before then, please
at 763-531-5
in ceely,
Kirk McDonald
Community Development Director
CC: Dan Donahue, City M
Community Development Assistant
.Kim Berggrel
Valerie L Improvement pro ject #795
CITY oF NEW 14APE _ c i.new-hope-rnn -us
forth * New Hope, Minnesota 55428-489S 'ks 763-592-6777 , TDD. 76 3-531
4401 XYlOn A Nor i-ernerSency): 763-531-5170 - P Ltbl' W01 Works Fax: 763 -59 -677
City Hall. 763-531-5100 .P olice (nor Fax-. 763-531-5 * Pub"
City Hall Fax: 763-531-5136 + police I
CITY CO UNCIL
21 r
Origi'� Department
Community Development
le st f or •
gppr""ro d for Agenda
April 23, 2007
Agenda Section
Development & Planning
Item No.
McDonald, CD Director
By: Kirk gY
�
Kim Berggren, CD Assistant
8411, and 842158th
isition of property at 8400 and 8420 Bass LaT
Road
pro eOCt no. 767)'
Resolution authorizing acqu Bass Lake Road Ap urp
Avenue North by direct negotiations
Requested Action
A 16 work session, staff requests that the City Council approve
Per
the direction of the City Council at the at 8400 a nd 8420 Bass Lake Road and 8401 � lete cost
s8authorization to
d A p a rtments)
Bass Lake Road asis if needed A comp
a resolution authorizing acquisition of Property
58th Avenue North by direct negotiations ( a meeting in May for the Council's review
utilize the relocation services of Ev s g v ces w ill be presented at
estimate for Evergreen s relocation
and approval.
Policyl
Past Practice one indicates that the city will maintain and improve its
the 2006 y Plan, strategic goal number rede
ties for the
n that the city will encourage maintenance/
d key p roper v e Amen � an
I City
infrastructure. Goal number two state
erties to improve the tax base. In thT
p urpose of redevelopment and /or to ac
, the c ity has acqu
reinvestment m p p
commodate pub is
Background
Ap area was identified as a top priority for the city in 2002.
Redevelopment of the Bass Lake Road
'stor related to the potential redevelopment of the Bass Lake oa
The following is an outline of the hi y
e Metropolitan Council to study
Apartments site: C grant from th
1 S rin 2001 - The city received a Livable o lnnetka Avenue area.
potential redevelopment opportuniti m the Bass Lake Road/W
po
ten Task Force reviewed development proposals a n med ass Lake
2. February 200 -The Livable Communities oisclair
is site in late 2002 an d made recommendations. BCorporation
Road Apartm�n �
Second by
Motion by f F 14
To: rovin urshase offer.doc
I \RFA \PLANN
Livable Communities \Bass Lake Road Apts \Q & R Resolution app g p
Request for Action, Page 2 of 4
April 23, 2007
•1 The concept plans included a four - story, 108 -unit owner -
245,000 per unit). In Tanuary 2005, B ]iwaa related Corporation
occupied condominium ( 1
preferred developer by th r (avera S price $ indicated that the withdraw
withdrew its proposal. The letter submitted to the city
Boisclair's health.,_ Almost 50
teams displayed their project
and PariPassu /Trio submitted project proposals to the ci
3.
Marc The city hosted a developers' roun dtable Ry
4. Se tember 2005- unity open house where the d Insignia,
nts attended a comm ment teams, accepted
reside
Proposals for the public to review. _ a exclusive negotiation period with
_The ED
reviewed modified proposals from
the three deve op
5. November 28 2005 and a pproved a resolution for a 1 Y art
nients site.
ents, pp
acce ting PariPassu withdrawal
public comm Development's
PariPassu /Tr
io development for the redevelopment the Bass Lake Road p
6. Tune 12 2006 - The City Council approved a resolution a serious carbon
following official project
Bass Lake Road Apa gra nted nts raccess o 8400 building the building
from the p roposed
7 lurie/luly 200 6- City inspectors were granted
emel poor health and safety conditions were identified, an staf met
monoxide incident. Extr Y p
as forced to post the building as non- habitaba { {Orney, the maY °r, and commun N d evelo i n di cated a general
w Th
8 A__ g s 006- The city manager, the Y u ested that the city make a purchase offer .
the owners of the Bass Lake Road Apat s gSest attorney• obtain an updated
with one of and the owners at torn e y
W to sell his property, the Council indicated its desire
At the Council work session, t
rchase offer.
Road
9. Au ust 21 2006- updated appraisal of the Bass Lake
appraisal of the Bass Lake authorized staff to obtain ke Road Ap so that the city coul an 1possibly make a p
e tember 25 2006 - The City Council
10. S sisal Services. po t en tial redevelopmen
Apartments from Herman h Don Uram ofsignia Development to discuss Brest in participating in
resse
of the Bass Lake Road Apartments p d Insignia's ongoing
11. Decem ber 5 2006- Staff m to enter into
roject. Mr. Uram e t ents site. the necessary time conducting market
e Bass Lake Road Apar He indicated his will
a redevelopment project on the d to s pend
an exc l u sive negotiation agreement potential for redevelopm 200 an
p dated appraisal, which was
research and reevaluating the site s
v alued the complex at $2,145,000, which reflected the
ber 11 2006- Staff presented the Counaisal, with on
eu
12. Decem
received on November 27. The u pdated appraisal,
alignment project from the Bass Lake
worsening
' n of the Bass Lake Road Apartment and the vacant 8400 building-
con diti on
13. February 20, 2007 -The City
Council agreed to eliminate
ved a motion authorizing staff to coordinate with Insignia
Apartments redevelopment plans to reduce total project costs. ad Apartments site and
Road p The City Council app
14. F Je
26 2 007 - ion of the property.
" exclusive negotiation agreement for i {he Bass Lake Ro
pment on an
otiate the potential acquis
authorizing the city attorney to neg
e acquisition dated the City Council on the status of h that
Update p property q o wner's attorney
Apartments site. The property s uggested that the city put
At the April 16, 2007, work e B �s L the R Ap eY u Br's attorney also
the potential purchase of
the encies. The p own
wants an offer without contin C agreed g he Coun that the city attorney should
espy ce
the owner After some discussion urchase agreemen
its purchase offer in writing• a roving a p
resolution to the City Council at its April 23 meeting pp
Request for Action, Page 3 of 4
April 23, 2007
Lake Road Apartments site (see attached letter, resolution, and purchase agreement). The
$2,145,000 for the Bass to offer an
not to exceed the appraised value of the property.
Council agreed that they are willing
n Land S Relocation pany who has previously
Staff has been in Eergree s Company, the co is at the Bass Lake Road
S communication with v
ro'ects. Evergreen representatives are preparing an update cos
provided relocation assistance for city p l
ultant services for the Bass Lake Road Apa{ a enttss
estimate for th eir consultant se rvices and for the es timat ed relocation costs fore e the
Apartments. In June 2005, Evergreen estimated that con
would be $105,000 to $120,000 and relocation costs would be appr
oximately $354,750. It is Y
r elocation costs will decrease, because one of the buildings is now vacant. a In the interim,
n s services on a limited basis, if needed,
staff is requestin
u pdated relocation cost estimates to the Citye C at a meeting m offer
Staff will present the p
g that the Council authorize staff to use Everg
because tenants could be eligible for relocation benefits at the time the city formally makes a purchase
for the property.
update Development and is planning t° meet with the firm's president
Redevelopment
Staff remains in communicati on with Insignia p agreement. Staff
f coordinating an exc lusive ne gotiation
' formed Insignia that the city will likely move forward with a purchase
p rocess o g
again in the next few weeks. Staff has m
offer for the site. Staff and Insignia are in the
sent the agreement to the City Council at a meeting in May
will likely nancial consultant
lt y p
ase the property and will be involved in
' communication with representatives fromlKrass Monroe, the city's pro ject on
Staff has also been m
firm. Krass Monroe is aware of the city's intention to pur
recommendations related to the po t en tial establishment of a TIF district for a future redevelopment pro
the site.
R resolution authorizing acquisition oft the u se Evergreen's
Staff requests that the City Council approve a e for relocation benefits at the time the
Apartments by direct
ne otiations. Staff also requests that the 1 Cobl cil authorize sta
g
services on a limited basis, if needed, becaeus�Otee n s could e eli
city formally makes a purchase offer fort p P
Steps the city attorney will present the purchase cil ,11 be informed
Next p resolution 11, 2007. The Co
If the Council approves�thhaset agreement requests a response by Ma
the purchase agreement is accepted by
property owner. The p
he pro erty owners' response at the May 14 Council meeting The tentative schedule
oft p l? eed with the purchase on behalf of the city.
both parties, the city attorney would proc
proc eeding th property acquisition and site p reparat io n
Ever for Land Services for relocation
g onsiders authorizing use
May 14: Council c
June 1S: Property closing
Ever reen Land Services sends 90 day relocation notices to tenants
July 1 City/ g
® July — Sept: Relocation of tenants
R for Action, Page 4 of 4
April 23, 2007
O 1-. Buildings are vacant
Fall 2007: Building demolition /site preparation
Attachments
0 Letter from city a ttorney
Resolution
Purchase agreement
JENSEN ANDERSON SONDRALL, P.A.
Attorneys At Law $528 EDINBROOK CROSSING,
sTE. 201
BROOKLYN PARK, MINNESOTA 55443 -1968
Ax (763) 493 -5193
TELEPHONE (763) 424 -8811 $ TELEF
,_mail law @J asattorneys.com
W,iter's Direct Dial No.: (763) 201 -0211
e -mail sas@jasattorneys.com
LESLIE A. ANDERSON
GORDON L. JENSEN
AMY E. PAPENHAUSEN
STEVEN A.SONDRALL
ARIL T. STIENESSEN
JENNIFER C. TOOHEY
OF COUNSEL
LORENS Q•BRYNESTAD
April 18, 2007
Kim Berggren
Community Development Assistant
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Re: Acq uisition of Bass Lake Road Apartments
Our File No.: 99 -113
Via a -mail to
kber ren a, i. new- lro e.rnn.us and
by Regular Mail
Dear Kim: the following
Please fin d
enclosed for consideration at the April 23, 2007 COUncil Meeting
documents:
The Acquisition of Property at 8400 and 8420 Bass Lace
1, Resolution Authorizing
th Direct Negotiation;
Road and 8401, 8411 and 84215 AV , North by
2 Apartment Complex p Agreement
date. Since we are not paying an
pur chase agreement for a June 18, 2007 meat the City would pay $10,000.00 as
I have set the p I have indicated in the agreement by the Seller.
e arnest money deposit, t for a breach or failure to cure
liquidated damages if we failed to Per
excep
Other highlights of the agreement are as follows:
1.
2.
3.
4.
5.
6.
7.
Real property Law
Specialist Certified By
The Minnesota State
Bar Association
para. 1(g))
pa
(p.2 2007
offer must be accepted by May 11, 2 7 (p.2 pa
Purchase offer is $2,145,0 (P- a } p para. 5(n)),
closing date June 18, 2007 (p p roving sale (p• P
Seller shall provide corporate resolution ap 8 2007 (p 3 6 para.
provide copies of leases by May none expected p• 9 para. 13)
Seller top issions
Indemnification on brokerag e comm11 ara. 15), para. 18)
property purchased in "as in" condi fop our non- performan 12 ce (p• P
g. City's $10,000.00 liquidated damages
certainly explain any other provisions of the purchase agreement staff may
I can cent y
about after your review.
have questions
April 18, 2007
Page 2
Very pl yours,
Steven A. Sondrall
Enclosure(s)
cc: Kirk McDonald
Dan Donahue
Valerie Leone
p.\Attorney,SAV Client Filesl2 City of New 1401)e;99- 11334(Bass Lake Road Apartments)1Ltr K. Berggren re reso authorizing purchase. do'
RESOLUTION NO. 07 -63
OF
RESOLUTION AUTHORIZING ASQ ROAD
PROPERTY AT 8400 and 8420
AND 8401, 8411 and 842158 E NORTH
By DIRECT NEGO
TIA
(Bass Lake Road Ap artments)
BE IT RESOLVED by the City Council of the City of New Hope as follows:
located at 8400 and 8420 Bass Lake Road and 0 , P rope r t y ) a d
WHEREAS, the property Apartment' is
84215 Sth Avenue North commonly
sown as the Bass Lake Road Ap the City of
located within the Bass Lake Road Corridor Redevelopment Project Area established by
New Hope; and letion and
WHE AS, the acquisition of the Property
is necessary for the successful comp
Corridor Redevelopment Project Area; an
oals of the Bass Lake Road
implementation of th e g p repared an appraisal of the Property which appraisal
WHEREAS, the City has caused to be
ted the Property has a current market value of $2,145,000.00; and
indica
it has contacted the fee owner of the Property to determine their interes
W E AS, the C y
in selling the Property to the City; and
the fee owner indicated its willingness to sell the Property; and
WHEREAS' will facilitate a
AS, the City Council hereby determines acquisition of th s o the Bass Lake Road
W�IE lementatio
g n of the g
leitimate public purpose,
to wit: the successful imp
Corridor Redevelopment Project Area; and ac wire the Property
Cit Counc e "Apartment hereby determines it is necessary to q Iex Purchase
AS, the C
WHE Comp
throe direct purchase with the fee owners p the terms of th
Agreement" attached hereto as Exhibit A.
NOW, THEREFORE, BE IT
SOLVED by the City Council of the City of New Hope as
follows:
Complex Purchase Agreement" attached hereto as Exhibit A 1s
1. That the "Apartmen t P
hereby approved with a Purchase Price of $2,145,000.
—1—
the
d City Manager are hereby authorized and a directed to sign
the
2. That the Mayor an Complex Purchase Agreement" and to take all necessary Agreement.
"Apartment Comp Apartment Complex Purchase A 6
Property by direct purchase per the terms of the
Mana er is directed to take any and all other necessary h selAgreement and
3. That the City g
acquire the Property per the terms of the Apartment Compl
to tenants er the Property not specifically mentioned within this reso lution-
reloca
Dated the 23rd day of April, 20
P A A V. qw,
Martin E. Opem Sr., Mayor
i
Attest: Clerk
Valerie Leone, City
C,DOCUNIENTS AND SETTiNOS %VLEONE \LOCAL SETTINGS \TEMPORARY INTERNET FILES`OLK4F9P` FSO AU'fH ACQ OF ELR.4PTS .DOC
—2—
APARTMENT COMPLEX
PURCHASE AGREEMEN
day of , 2007 by
THIS AGREEMENT made effective the ______
Corpration, a Minnesota corporation (hereinafter Wafter d t o a s referred e to er as
and between Mar-Al P
and City of New Hope, a Minnesota municipal corporation (he
,, Purchaser").
In consideration of the mutual
covenants contained herein, Seller and Purchaser agree as
follows:
1. Purchase and Sale. Subject to and in reliance Purchaser oon the other part, an d subject
warranties and agreements of Seller n the f ar Apartment Complex Purchase Agreement (the
to the agreements, covenants and conditions
"Agreement "), Seller agrees to sell and Purchaser agrees to purchase:
( That certain real estate and imp
rovements commonly known as The Bass Lake
oad A artments located at 8401 and 8420 Bass Lae aR d
R P escribed on Exhibit A,
g Y
8421 - 58'� Avenue North, New Hope, Minnesota,
including ive apartment buildings and one utility /m meat n ding), l
`v with
g
60 dwelling units/ apartments (12 units each apartment
electrical, air
all component mechanical, structural, heating, p
mpo and roofing elements, and all other improvements located on the real
conditioning
estate (the "Real Property ").
(h) All and singular the rights and appurtenances pertaining to the Real Property,
g
i ncludin any right, title and interest of Seller in and to adjacent streets, alleys,
rights -of -ways and easements for all five parcels.
it lans, code enforcement reports, environmental reports, engineering reports
(c) A P
and any other studies and reports involving the Real Property in Seller's possession
or reasonably available at no cost to Seller.
(d)
The personal property, machinery and equipment located upon said Real Property
(if any) described on Exhibit B (the Personal Propert
ht title and interest of Seller in the lease agreements, contracts and
( All right,
to be assigned in accordance with this Ag reement.
the assets listed in
(f) Unless otherwise stated h o abo ee are a here nafter collect vely referred to as the
subparagraphs (a) through (e)
"Property".
1
shall automatically terminate if not acceptee received by Buyer.
(g) This offer to purchase Seller and physically
11, 2007. Accepted shall mean signed by the Purchaser for the
2, Purchase Price. The total purchase price to be paid by
• pne Hundred Forty -Five Thousand and 00100 Dollars
Property shall be Two Milho n
($2,145,000.00), which shall be paid as follows:
0.00 earnest money, the receipt of which is acknowledged.
(b) $2,145,000.00 cash at Closing. shall be on or before
3. Closin Consumm of this transac Cit t s
of New H Hope, 4401 Xylon Avenue
June 18, 2007 (the �losing Date ), at the offices of the Y
North, New Hope, Minnesota 55428. Pursuant to
4, Possess
Bate
ion . Subject only to the rights of parties in possession
ass igned to Purchaser is the Closing Date, the Purchaser shall
Lease Agreements accepted by and g
be entitled to possession of the Property as of the Closing Date.
ions at Closing• At the Closing,
5. S eller's ®bli at
Seller shall:
( Execute and deliver
to Purchaser a Warranty Deed subject to the Permitted
Encumbrances. permits,
(b) Deliver
to the Purchaser copies of all certificateso e °� ntal y a uthorit e s having
authorizations, and app rovals issued by g
jurisdiction over the Property.
deliver a Bill of Sale with general warranties for all Personal Property
( Execute and deli
(if any) included in the transfer. and execute and
(d) Deliver the originals
of all lease agreements for the Pri r mutually acceptable
igrunent of said leases in a fo
deliver to the Purchaser an ass rm
to Purchaser and Seller. each
r letters executed by the Seller ready for dPurchaseo o r at
( Deliver to Purchase p
me be sent to the
respective tenant directin g that rental aY
purchaser's direction.
amount of all security deposits, including all intere st accrued
(g) Pay to the
to Purchaser the Seller
thereon as of the Closing Date held or received by
tenants .
2
of all service, maintenance
(g)
Deliver an assignment in a form acceptable to Pu t k not to terminate, and of any
and management contracts that Purchaser el applicable to the Property.
assignable warranties, guaranties, permits and licenses app
ted in
conta
(h)
Deliver a non - foreign affidavit, properly execu Zcan abler g lu ations.
such information as required by IRC Section 1445(B )(
i Provide an appropriate federal income tax reporting form, if any is required.
(j) Pay the state deed tax due for conveyance of the Property.
Pa the cost of recording all documents necessary to place record title to the
(k) y
Property in the condition warranted and required of Seller by this Agreement-
1 Execute and deliver to Purchaser a seller's affidavit indicating no judgments or
liens against Seller.
(m)
Execute all other documents reasonably necessary to perform lllen uAgreement
brances o he�
transfer the Property to Purchaser free and clear of any
than permitted encumbrances.
n Provide Seller's corporate resolution authorizing hi authority l td is t on th ehalf of
e person
(} or persons signing this agreement have full legal
Seller.
6.
Purc haser's Obli ation at Closin .Subject to the terms by S ellcr of its ob 1�at ions and
shall do the
and contemporaneously with the performance
following:
() a Deliver a City check payable to the Seller for the amount due at Closing.
(b) Accept delivery of the Property.
Acce t assignment of the lease agreements and execute documents assuming future
(c) P
obligations of the lessor under said leases.
Execute and deliver such additional documents as a di ions of incidental to
(d) closing the transaction consistent with the terms and con
7. Rent and operating Ex ease Pro - Ration.
made as of the Closing Date:
ea
Rents (including, without limitation, payments m
for operating costs, common ar
costs and real estate taxes) interest, and all other income and operating expenses
3
2
The following pro - rations shall be
rela tin g to the Property shall be made as of the Closing accrued wi apph Seller
responsible for the expenses and entitled to the revenues
period prior to the Closing Date. Purchaser is responsible osifor DateXi f o he
the per p licable after the g
entitled to the revenues accrued or aI I ortioned cannot be calculated with
Closing Date any of the amounts to be a p p
complete precision recision because the amount or amounts of one or more
made on included
in such calculation are not f Sellernand purchase of the amount or amounts of the
of reasonable estimates o
chaser of the amount or items
estimates of the Seller and Pura or byte r of the haser o Seller or
in question, subject to adjustment (by additional pay ments
b refunds from Seller to Purchaser) when the amount or amounts of such item or
Y
known
items become known. Promptly after the amount �ereof and ha bncludesin uch
to either party, such party shall notify the other t
n
once the amount of any required adjustment, i
er shall m such payment t
requires an
additional payment by purchaser Sof or with n twenty (20) days after its receipt
Seller simultaneously with its g g
of such notice, as the case may be. If such adjustment o q1 ir i gi n of S eller
to Purchaser, S eller shall
fterkts receipt of such notice, as the case may be.
within twenty (20) days a
E. Seller's Representations, Warranties and Covenants. Seller covenants,
represents and warrants to the Purchaser as follows: ordinances rules and regulations of
( The Property presently complies
with all la of all their agencies and departments
the city, state and federal government
"laws ,, ), including but not limited to all zoning and environmental laws.
(b) All required certificates of occupancy,
underwriters' certificates relating to
electrical work and building, safety, fire and health codes d approvals and wi all
other
other permits necessary to operate the Property, have e n
assigned,
where appropriate, to Purchaser at Closing. That
agency, are o
's knowledge has any governmental f
any code violation nor to Seller
ticketed, red- tagged, threatened to ticket h code.ag, or otherwise
or employee
indicated that any aspect of the Property violates any su or roofs of
re no structural defects or deficiencies in the foun oTtioWalis or wall
( There a roof of the
the Property; there is no water leakage through the floor,
I heating and air- conditioning units and systems, al l p lum ing
Property That al l be
electrical and mechanical syste m ate of Cl Cl The t h e
shall be entitled
in proper working order as of the such examinations as the the
to access to the Property for the purpose of making
er deems necessary in its sole discretion and as of Closing Date,
purchas n its as is conditio
Purchaser shall accept the Property
in
(d) That the bui ldin g s and improvements located on the Real e ropert y r ar er ntirely
within the boundary lines and app licable set -back lines of
is no litigation, proceeding (eminent domain or otherwise), cl t the
( That there pending o
investigation, notice of h onow or hav reason to know any basis for any such
Property, nor does Seller
action, which might adversely affect the Property.
( That there are no service and /or employment contracts or oofe contrac
kind t or
unrecorded easements, covenants or restrictions eta. . g to the Property as of the date
description, either written or verbal, p g
f except as may be canceled or terminated at the Seller's discretion on or
hereof, P
before the Closing Date scheduled herein.
(g) During the period between the date hereof and the Closing c'D t ema y l mannerl
continue to operate and maintain the Property in the usua a
(h) Seller
or
owns the Property, free and clear of all encumbrances have the full ht o and
persons signing this agreement
of the Sellerthe Seller on
convey the Property on behalf
(i) Seller
has received no notice of actual or threatened special assessments or
reassessments of the Real Property
No toxic or
hazardous substances or wastes, pollutants orcontaminants organic compo I nds
without limitation, asbestos, urea formaldehyde, the g cts including gasoline, fuel
known as polychorinated biphenyls, petroleum p hazardous
oil, crude oil and various constituents of such products, and any
defined in the Comprehensive Environmen�l Response, Compensation
substance as " CERCLA "), 42 U.S.C. §9601 -9657, as amended) have
and Liability Act of 1980 ( or otherwise placed,
been generated, treated, stored, released has sed ivo f been undertaken on the
deposited in or located on the Property, the Property to become a treatment,
Property that would cause or contribute to (i) P the Property
storage e or disposal facility within the meaning of
ion ande bring p
Recovery Act of 1976
within the ambit of, the Resource Conserve
( RCRA ), 42
U.S.C. §6901 et se . or any similar state lawvor local
a release or threatened re oo substances)
lease the Property w i t hi n d the meaning of, or otherwise cal
pollutants or contaminants, from
bring
the Property within the ambit of, CERCLA ffluen into state
ater source or
ordinance, or (iii) the discharge of pollutants ore Pollution Control
emissions, that would require
dred ing or filling of any waters or the discharge a Water i the air of any
system, the g ermit under the Federa
a p
., or any similar state law at 1 or dinance, There
Act, 33 U.S.C. §1251 et se support a claim or
are no substances or conditions 15 or on the Property Y
causor local
e of action under RCRA CERCLA or any other federal, state
regulatory
environmental statutes, regulations, ordinances or other environmental
itation, the Minnesota Environmental Response
requirements, including without lim„ MRRLA ") and the Minnesota Petroleum
and Liability Act, Minn. Stat.
Act, Minn. 15B has been installed or
Tank Release Cleanup Stat. NO asbestos
or underground
exists within any improvements on the Property. No above g
arks are located in or about the Property and have sub
t , Property e s n they have been duly
filled. To the extent storage ulatory and governmental bodies and otherwise
registered with all appropriate g
are in compliance with applicable Federal, state and local statutes, regulations,
ordinances and other regulatory requirements.
, nor are
() k Seller has not entered into any other contracts for
urchase the Property a ny other
there any rights of first refusal or options to p
rights of others that might prevent the consummation of this Agreement.
" "foreign partnership" , "foreign trust" or "foreign
(1) Seller is not a "foreign person ,
1445 of the Internal Revenue Code.
estate" as those terms are defined in Section
Seller will provide o Buyer on or before May 18, 2007, a true, correct and
(m) Sol d t
P licable to the Property. Such leases are in full
complete copy of each lease app rovidin tenant with
force and effect and permits Seller teNe then Seller port nant is, to the best of
no more than ninety (90) days notice.
Seller's knowledge, in default under any such lease such leases prov ded t t e Purchaserr
p rights regarding the Property, except
a true, correct
(n) Seller will make available to Purchaser on applicable to the to Property which extends
and complete copy of each contract a PP
beyond the Closing Date. To the best of Seller's o h owlaedg , such contacts a is in
full force and effect and neither Seller, nor any P
default under such contract. All other contracts in e T f before the Closing Dahes ct as of the date of
Agreement regarding the Property are terminable on o
ler shall execute no lease agreement during the period of time from the date of
( ®) Sel
this Agreement to the Closing Date.
or before May 18, 2007, Seller will deliver to Buyer true available and to correct cope e es of
(p) On
all permits in connec With true and corec To
t the
cop es of all warranties, plans,
will also deliver to Buyer
s ecifications, surveys, and environmental reports pertaining to the Property.
P
purchaser, its successors and assigns, against, and will hold
Seller will indemnify es, including
Purchaser, its successors and assigns, harmless from any expenses or damages,
s' fees, that Purchaser incurs because of the breach of any of the above
attorneys' Y 6
representations and wa
rranties, whether such breach is discovered of o breach by Seller Closing.
Consummation of this Agreement by purchaser aser of any claims due to such breach.
not constitute a waiver or release by porch e by the Purchaser, the Seller
9, S eller's Warranty of Title. r St onvey ng marketable title to said Property
agrees to execute and delivgr the War „P Deed ermitted Encumbrances "):
subject only to the f exce p tions
(a)
Reservation of any minerals or mineral rights to the State of Minnesota.
' and drainage easements which do not interfere with present improvements.
(b) Utility
( The hen of real estate taxes and special assessments not the obligation of the Seller
pursuant to the terms of this agreement.
(d) Exceptions to
title which are not objected to by Purchaser as provided in Paragraph
10 below.
( Lease agreements accepted by Purchaser and assigned to Purchaser at Closing.
of Seller and rchaser t easements,
as to Title Matter
It is understood and
f0 ° Obligations appurtenant
rd and that mar shall be determined as of
a able
if a reed that the title herein required to be Turn ®hed to the Property an to a p t
g
n rd all documents necessary to show of record a
y, by the Seller shall be marketable of record
the Closing Date, Seller agrees to reco mar e
title in Seller, all at Seller's cost and expense. s after the Effective Date,
( Deliver of Title Co a Title Company om nlnto enty
and 20a del i ver to Buyer a Title
al Buyer shall cause a Title Y
ith copies of
Commitment for the Property, together w complete of he T le 1Comm Commitment.
identified as conditions or exceptions on Sch e Buyer
ll be res onsible for the cost of the Title Co bitment,heClos agrees that
Seller sha P g
not more than ten (10) days nor less than five (5) days
e ri ht at Buyer's expense to cause the Title Company to issue a Title
shall have th $
Update .
of Title Co 'tment. After Buyer's receipt of the final Title
(b) Bu er s Rev 1eW ortin documents, Buyer shall have ten (10)
Commitment, together with all supp ob ections to the condition of the Title
days in which to notify Seller of any J
have an
Comm that Buyer determines, in its sole ils o notify a bsolute discretion,
Seller in writing of
adverse effect on the Property. If Buyer fa eriod, Buyer
J
objections to the Title Commitment within Ti le Commitment review p
s hall be deemed to have no objections to t
N
(c) Se ller's Cure of Title and Surv Objec desobjects to the
th no of
title, Seller shall have thirty (30) days after y e p
Buyer's objections, or such other time period a jz re ed object By Pr oSeller
t n
writing, to use reasonable efforts to cure Buyer's
expiration of said applicable cure period, Seller shall notify Buyer in writing stating
either that Seller has cured Buyer's objections to Buyer's satisfaction or that Seller
is unable to cure said objections. If Seller does not cure Buyer's objections to
Buyer's satisfaction within the above- referenced applicable cure period, then within
fifteen (15) days after Buyer's receipt of Seller's notice, then at any time prior to
Closing, Buyer shall notify Seller in writing of Buyer's election to: (i) terminate
this Contract, whereupon the Deposit shall be returned to Buyer; (ii) waive said
objections; or (iii) extend the time period to cure Buyer's objections for a period of
sixty (60) days from the date of Buyers election to extend, in order to provide
Seller and /or Buyer with the opportunity to cure Buyer's objections provided,
however, if Buyer's objections are not cured to Buyer's satisfaction prior to the
expiration of said sixty (60) -day period, then Buyer shall notify Seller in writing of
Buyer's election either to: (i) terminate this Contract, whereupon the Deposit shall
be returned to Buyer; (ii) waive said objection; or (iii) Buyer may cure said
objection, and in such event at Closing, Buyer shall be entitled to a credit against
the Purchase Price in an amount equal to Buyer's cost to cure said objection. If
Buyer objects to the condition of title as provided herein and if Closing is scheduled
to occur prior to the expiration of the applicable time periods set forth in this
subsection, then the date of Closing shall be postponed until the earlier of the
expiration of said sixty (60) -day additional cure period or ten (10) days after the
cure to Buyer's satisfaction of Buyers objection.
(d) Title a Insurance Polic At Closing, Buyer shall cause the Title Company to issue
in Buyer's name the itle Policy for the Property. The Title Policy shall be in an
amount equal to the Purchase Price and subject only to the Permitted Exceptions,
and the Standard Exceptions shall be deleted from the Title Policy. At Closing,
Buyer shall pay for the cost of the title insurance premium for the Title Policy and
any endorsements thereto that are necessary in order for the condition of title to the
Property to comply with the provisions herein.
all special
11. Special Assessmen Seller agrees to P nt of on s t o ial asses went e cert fied and
assessments levied, pending or approved including installme p
payable with the real estate taxes due and payable in the year 2007.
12. Deal Estate Taxes. Seller shall pay all real � Pur haser pay all real estate
assessments due and payable in the year 2006 and prior years.
aph 11 above)
taxes and installments of special assessments (not paid by Seller pursuant Real estate es due and
due and payable therewith in the year 2008 and subsequent years.
payable in the year 2007 shall be prorated between Seller and Purchaser as of the Closing Date
based upon a calendar year commenced January 1, 2007
13. Real Estate Brokerage Commission The parties represent to each other that
neither has engaged a real estate broker or agent in connection with the sale and purchase
contemplated by the terms of this Agreement. Each art real estate broker. indemnify and hold harmless
the other party for any claim relating to the service s of
14. Conditions to Closi All obligations of Purchaser under this Agreement are
subject to the fulfillment, prior to or on the Closing Date, or within applicable time periods, of
each of the following conditions:
(a) The representations and warranties of the Seller contained in this Agreement shall
be true as of the Closing Date, as though such representations and warranties were
made at such time.
(b) Marketability of title to said Real Property has been established pursuant to the
provisions of this Agreement.
(c) Purchaser shall have until June 1, 2007, or the date which is ten (10) days after the
date when Purchaser shall have received the last of the items which Seller is
required to deliver to Purchaser pursuant to the provisions of this Agreement,
whichever is later, to review, inspect, investigate and /or test, at Purchaser's sole
cost and expense, the following matters:
(i) All leases, contracts and permits applicable to the Property.
(ii) The condition of any buildings, structures and improvements located on the
Property including all the structural components of such buildings,
structures and improvements and all mechanical, electrical, heating, air
conditioning, drainage, sewer, water and plumbing systems located therein.
(iii) To determine whether hazardous Substances, inoperable wells or
aboveground or underground storage tanks are located in, on or under the
Property or improvements thereon. In the event Purchaser determines in
his sole discretion that it is in his best interest to obtain a Phase I
environmental report for the Property, the Phase I environmental report
shall be ordered at the cost and expense of the Purchaser.
Seller shall allow Purchaser and Purchaser's agents, access to the Property at all
reasonable times for the purpose of Purchaser's investigation and testing.
Purchaser shall pay all costs and expenses of such investigation and testing and
shall hold Seller and the Property harmless from all costs and liabilities relating to
Purchaser's activities. Purchaser shall farther and testing and return the Pr Property
Pr caused by Purchaser's inspection
W
and /or any improvements or personal property to substantially the same condition
as existed prior to such entry.
(d) If, as a result of the investigation and testing conducted pursuant to subparagraph
(c) above, Purchaser determines: (i) that the leases, contracts and /or permits are
not acceptable; (ii) that the buildings, structures, improvements, mechanical,
electrical or other internal systems are not in proper working order; or (iii) that
Hazardous Substances, inoperable wells or aboveground or underground storage
tanks are in, on or under the Property or improvements located thereon as
evidenced by a written report prepared by an environmental expert, then, in any of
such events, Purchaser shall have the right to give notice to Seller that it wishes to
terminate this Agreement and upon such notice being given this Agreement shall be
null and void and all earnest money shall be promptly refunded. Along with the
notice, Purchaser shall also provide Seller with a copy of any written report
prepared in connection with any inspection and testing done by Purchaser
including, without limitation, any environmental report prepared by an
environmental expert. Such notice must be given by the date hereinbefore specified
for Purchaser to complete its inspection and investigation. Provided, however, and
notwithstanding Purchaser's right to terminate and have all earnest money
refunded, Seller shall have the right upon receipt of the above- described notice
from Purchaser to cure the defect noted by Purchaser within sixty (60), days from
the receipt of the notice from Purchaser. If Seller gives Purchaser notice of its
intent to cure within ten (10) days defec noted by Pur to an
Agreement shall not be terminated If the
environmental problem, the cure shall be to the reasonable satisfaction of
Purchaser's environmental expert. If the defect
able satisfaction is with regard to
of Purchaser. Seller other
problem, the cure will be to the hall
use reasonable diligence to cure the problem as soon as possible and if necessary,
the Closing shall be delayed pending such cure. If the defect is cured, the parties
will proceed to Closing under the terms of this Agreement within ten (10) days of
the completion of such cure. If after Seller's sixty (60) day cure period, the
problem is not cured, Purchaser shall once again have the right to give written
notice that this Agreement is terminated and upon Seller receiving such written
notice this Agreement shall be deemed to be null and void and all earnest money
promptly refunded to Purchaser. At any time prior to the expiration of Purchaser's
right to terminate this Agreement, or during Seller's sixty (60) day cure, Purchaser
shall have the right to waive any defect in writing and upon such waiver, the parties
shall proceed to Closing. If after giving a notice of termination pursuant to this
paragraph Purchaser closes on this transaction, Purchaser waives its right to make
any claims in the future based on any representations and warranties in this
Agreement to the extent that such representations and warranties relate to the claim
made by Purchaser.
10
15. Condition of Pr ®petty It is understood that p closing the
ProperPy ccontained will
in
accept the Property "as is". No warranty as to the physical condition
this Agreement shall survive Closing, The Seller shall have no further responsibility or liability
with respect to the condition of the Property.
16. Notice Any notice given under this agreement shall be deemed prepaid, iven ad w ised
the same is deposited in the United States Mail (registered or certified), postage g
or personally delivered as follows:
If to the Seller: Marshall Lebow
5500 Wayzata Blvd., #1425
Minneapolis, MN 55416
With a copy to: Leland J. Frankman, Esq.
2000 U.S. Bank Plaza
220 South Sixth Street
Minneapolis, MN 55402
If to the Purchaser: Daniel J. Donahue
City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
(763) 531 -5100
(763) 531 -5136 (fax)
With a copy to: Steven A. Sondrall
New Hope City Attorney
Jensen Anderson Sondrall, P.A.
8525 Edinbrook Crossing, #201
Brooklyn Park, MN 55443
(763) 424 -8811
(763 )493 -5193 (fax)
17. Default by Selle In the event that urchaser s default, to
Purchase may the
transaction contemplated herein for any reason, except p
(a) Enforce the specific performance of this Agreement provided action to enforce such
specific performance shall be commenced within six (6) months after the date the
right of action has arisen.
(b) Cancel this Agreement and upon cancellation, all earnest money shall be refunded
to Purchaser.
11
Default b Purch In the event the Purchaser shall hall pay
fail consummate
ler Te
transaction contemplated herein, except for de
18. y ----
fault by Seller, Purchaser es for the failure
Thousand Dollars ($10,000.00),
such sum being agreed upon as liquidated damag
of Purchaser to perform the duties, liabilities and obligations by l ad uncertainty of
provisions of this agreement and because of the difficulty,
ascertaining
actual damages, no other damages, rights or remed n this hall, ragraph, and Seller han as provided
collectable, enforceable, or available to pe as its totaltdamages and relief hereunder in such event.
agrees to accept and take the $10,000.4
19, Miscellaneous.
This Agreement shall be governed by and construed in accordance with the
(a) g
substantive laws of the State of Minnesota.
Descri tive headings are for convenience only and shall nocontrol or affect the
meaning or construction of any (b) p provision of this Agreement.
This A reement shall be binding upon and shall inure to the benefit of the parties
(c) g
hereto and their successors and assigns.
(a)
This Agreement may be executed in any number of o t rp bout the y b i , where um
the same are not required, certified or otherwise delivered
an
clause and signatures; each such counterpart ho on deemed to be one
original instrument, but all such counterparts together shall
Agreement.
(e)
In case any one or more of the provisions contained eable Agreement shall, in any respect, such ision hereof,
m Y
any reason, be held to be invalid, illegal or unen or
validit , illegality or unenforceability shall not affect ill al or unenforceable
and this Agreement shall be construed as if such invalid, g
provision had never been contained herein.
[Signature page to follow]
12
PURCHASER:
SELLER:
pRPORATION, a Minnesota CITY OF NEW HOPE
MAR_JIL C
corporation
By. em Sr.
B Martin E. Op
Its Mayor
Its:
By:
Fa Daniel J. Donahue
Its City Manager
Its:
C \DOCUMENTS AND SETTINGS \VLEONE \LOCAL SETTINGS`,TEMFORARY INTERNET FILES \OLK4F9\PURCHASE AGREEMENT- OOI.DOC
13
Lot 5, Block 1, Gervais & Hunter Replat
(PID No. 06- 118 -21 -42 -0012
Lot 4, Block 1, Gervais & Hunter Replat
(PID No. 06- 118 -21 -42 -0011
Lot 3, Block 1, Gervais & Hunter Replat
(PID No. 06- 118 -21 -42 -0010
Lot 2, Block 1, Gervais & Hunter Replat
(PID No. 06- 118 -21 -42 -0009
Lot 1, Block 1, Gervais & Hunter Replat
(PID No. 06- 118 -21 -42 -0008)
EXIIIBIT Z
', ' • . '
February 24, 2009
Mr. Kirk McDonald
City Manager
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
RE: First Amendment to Hennepin County Contract No. A061043
Dear Mr. McDonald:
Attached please find First Amendment to HenneptnBoa d on Nov Contr No 2 and he
amendment was approved by the Hennepin County
Hennepin County Housing and Redevelopment Authority on December 2, 2008.
Please call me at 612 -543 -086 if you have questions.
Si
Patricia V• Fitzgerald
Principal Planning Analyst
Enclosure
A 'tdsi l s't i r 1
i � „t p 1
Hennepin County Contract No. A0� 3
I+IRST AMENDMENT TO
COOPERATIVE F OR
VILLAGE ON THE GREEN
Amen is made and entered into by and between the County of Hennepin,
This First Amen orate and politic, hereinafter referred to as the
State of Minnesota, a public body corp 55487, and City of New Hope, a
"COUNTY," A-2300 Government Center, Minneapolis, MN
hereinafter referred to as the "CITY," 4401 Xylon Avenue
public body corporate and politic, Housing and Redevelopment Authority,
e MN 55n County
North, New Hope, 428, a nd the Hennepi rred to as the "HCHRA, " 417 North Fifth
a public body corporate and p olitic, hereinafter refe
Street, Suite 320, Minneapolis, MN 55401 -136
WHEREAS, the parties entered into Contract No. A061043 (the "Agreement ") as
authorized by Hennepin County Resolution No. 06-10-563; an
p arties provides $350,000 for completion of
WHEREAS, the Agreement between the p P
art of the Village on the Green Project and disbursement of funds by
improvement s as p
December 31, 2008; and abating and
WHEREAS, the CITY has commenced t struuction Projec
of the eligib e actin t es for the Project
demolishing buildings and will complete the con
by December 31, 2010; and
WHEREAS, the parties agree the term of the Agreement should be extended.
WH
arties agree that Attachment A of the Agreement should be modified.
WHEREAS, th e p
NOW, THEREFORE, the parties agree to amend the Agreement as follows:
A. Th e first sentence of Section 1 of the Agreement shall be amended to read:
1 Term
of the A re ent. The CITY agrees to complete the Project described in
Section 2 by December 31, 2010.
B. The original Att A is replaced with the revised Attachment A attached to this
Amendment.
onditions and provisions of the original
Except as herein amended, the terms, c
Agreement shall remain in full force and effect.
COUNTY BOARD APPROV
HRA having signed this Amendment, the the Hennepin County
The CITY and the HC s igned
miriissioners having duly approved this Amendment on
officials having g
Board of pursuant such approval, the proper COUNTY
p1 , 2008, and p by the provisions herein set forth.
this Amendment, the parties hereto ag ree to be bound
COUNTY OF RENloTEPIN
Date:
Attorney
t W
BY: Assistant Assistant County
Date:
And: Administrator
Assistant County
Public Works
Date:
RECOMMENDED FOR APPROVAL
By' Housing,
Department )R tar,
Community � � Wor ks � T
_.".__ - --
Date:
i Is
Is n
Fra
2
CITY OF NEW HOPE
ATTACHMENT A
Autiaorized Work
Installation of a new water main on Hennepin County Road 10
$250,000 ( Bass Lake Road) in support of the Village on the Green Project.
edestrian
Construction of a new annCounty Road 10 (Bass Lake Road) in
$100,000 improvements on Hennep
support of the Village on the Green Project.
$350,000 Total