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092500 EDAOfficial File CITY OF NEW HOPE EDA MEETING City Hall, 4401 Xylon Avenue North September 25, 2000 Copy President W. Peter Enck Commissioner Sharon Cassen Commissioner Don Collier Commissioner Pat LaVine Norby Commissioner Mark Thompson 1. Call to Order 2. Roll Call 3. Approval of Regular Meeting Minutes of August 28, 2000 4. Resolution Approving Extension to Land Disposition Agreement Relating to Development of 5501 Boone Avenue North (Improvement Project No. 493) 5. Adjournment CITY OF NEW HOPE 4401 XYLON AVENUE NORTH NEW HOPE, MINNESOTA 55428 Approved EDA Minutes Regular Meeting August 28, 2000 City Hall CALL TO ORDER ROLL CALL APPROVE MINUTES FUNDING ASSISTANCE Item 4 President Enck called the meeting of the Economic Development Authority to order at 8:08 p.m. Present: W. Peter Enck, President Sharon Cassen, Commissioner Don Collier, Commissioner Pat LaVine Norby, Commissioner Mark Thompson, Commissioner Motion was made by Commissioner Norby, seconded by Commissioner Thompson, to approve the Regular Meeting Minutes of August 14, 2000. All present voted in favor. Motion carried. President Enck introduced for discussion Item 4, Discussion Regarding Correspondence/Funding Assistance Request Received From L'Esperance Owners Association, 7924-8020 51st Avenue North. Mr. Kirk McDonald, Director of Community Development, explained that the L'Esperance Owners Association contacted the City to request funding assistance to make needed improvements to their properties at 7924-8020 51st Avenue North. There are two buildings containing a total of twelve units. The buildings were constructed in 1962 and are noted in the Comprehensive Plan for declining building and site conditions. Over the past year representatives of the Association have been discussing with staff the methods of financing the improvements. The Association is seeking to undertake the same type of Housing Improvement Area as was done by Sandpiper Cove Townhomes. The improvements would include new roofs, gutters and downspouts, windows, doors, drain tile, and parking lot improvements for an approximate cost of $125,000. Mr. McDonald stated if the EDA is receptive to the project, staff recommends that the City inspectors review the properties to determine if other improvements should be included in the project. The Association has indicated that they would be willing to incorporate additional improvements if necessary. He noted there are a variety of funding programs available for the rehabilitation of single family homes and apartments, but funding mechanisms are scarce for the rehabilitation of owner-occupied multiple family units, such as townhomes and condominiums. Creation of a "housing improvement area" may be the most suitable program for this project. Ms. Rita Kolodjski, President of L'Esperance Owners Association, was recognized. She stated the association has been discussing the improvements for over a year and there is unanimous agreement. President Enck initiated discussion regarding inclusion of the property to the east. New Hope EDA Page 1 August 28, 2000 ADJOURNMENT It was noted that the property recently changed ownership and the owner may be interested in a cooperative project. Mr. Steve Sondrall, City Attorney, pointed out that if the property to the east is a rental property it may not qualify for this funding mechanism. He indicated he would research the issue. Commissioner Collier encouraged staff to contact the property owner to the east and perhaps offer a different funding option. Commissioner Thompson asked if the lighting would be improved. Mr. McDonald responded that improved parking lot lighting is included in the plan. Commissioner Cassen suggested the Association consider a reconfiguration of the parking lot. The EDA expressed support and directed staff to proceed with the project for the L'Esperance Owners Association. Motion was made by Commissioner Norby, seconded by Commissioner Cassen, to adjourn the meeting. All present voted in favor. Motion carried. The New Hope EDA adjourned at 8:20 p.m. Respectfully submitted, Valerie Leone City Clerk New Hope EDA Page 2 August 28, 2000. EDA REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 9/25/00 EDA Kirk McDonald //) Item No. By: and Phil Kern By:// 4 RESOLUTION APPROVING EXTENSION TO LAND DISPOSITION AGREEMENT RELATING TO DEVELOPMENT OF 5501 BOONE AVENUE NORTH (IMPROVEMENT PROJECT NO. 493). REQUESTED ACTION . Staff recommends that the EDA approve a resolution that extends the Land Disposition Agreement with~ Hennepin County relating to the development of 5501 Boone Avenue North. The Agreement would allow the EDA a three-year extension until October 2003 to convey the property to Senior Outreach Services Inc. (CareBreak) for the construction of an adult daycare facility. POLICY/PAST PRACTICE In 1993, the EDA used $100,000 in Community Development Block Grant (CDBG) funding to acquire the property located at 5501 Boone Avenue North and a portion of the property at 5425 Boone Avenue for purposes of cooperating with CareBreak for the construction of an adult daycare facility on the site. As a condition of using CDBG funds, the EDA entered into a Land Disposition Agreement with Hennepin County limiting the development of the site to an adult daycare facility. All amendments to land disposition agreements are directed to the EDA for approval. BACKGROUND The EDA acquired 5501 Boone Avenue and a portion of the property at 5425 Boone Avenue in 1993. The EDA used $100,000 in CDBG funding for the acquisition with the intent that the property would be conveyed to CareBreak for an adult daycare facility. Hennepin County approved the use of funds for this purpose, but required the EDA to enter into a Land Disposition Agreement. The Agreement states that the property must be conveyed for the development of an adult daycare facility by September 2000. If the (Cont'd.) BY ' BY h RFA\Plannin~\Q-I P493.doc Request for Action Page 2 9-25-00 conditions of this Agreement are not met by the stated deadline, the EDA will be required to repay the $100,000 of CDBG funding used for the acquisition or may request an extension of the agreement. In August 1998, the EDA approved a resolution declaring preliminary intent to convey the property to CareBreak for an adult daycare facility. The EDA and Senior Outreach Services, Inc. proceeded with the conveyance of the property until the process was interrupted in February 1999. At that time, Minnesota Masonic Homes, Inc. purchased the North Ridge Care Center. CareBreak, which was affiliated with the North Ridge Care Center, was affected by the acquisition and the process of conveying the property was halted in 1999. In December 1999, Minnesota Masonic Homes, Inc. reached an affiliation agreement with CareBreak. As stated in the attached correspondence from Minnesota Masonic Homes, the organization still intends to pursue the development of a CareBreak Adult Day Services facility at 5501 Boone Avenue. At this time, Minnesota Masonic Homes is preparing its strategic plan and thus examining the function of the adult daycare services. The organization has requested an extension until the strategic plan review is completed and it can focus its resources on the development of the CareBreak facility. In August, City staff provided a written request to Hennepin County for a three-year extension to the Land Disposition Agreement to allow Minnesota Masonic Homes and CareBreak to further prepare for development of the site. Hennepin County staff has stated support for the request and will recommend that the County Board approve the extension (see attached correspondence). With approval of this resolution by the EDA, staff expects that the County will extend the agreement to October 2003. ATTACHMENTS · Resolution · Amendment No. 1 to Agreement, Contract No. A20867 · 9/19/00 City Attorney Correspondence · 9/8/00 Hennepin County Correspondence · 8/31 City Correspondence · 8/28/00 Minnesota Masonic Homes Correspondence · Original Land Disposition Agreement · Site Map EDA RESOLUTION NO. 2000- RESOLUTION APPROVING EXTENSION TO LAND DISPOSITION AGREEMENT RELATING TO DEVELOPMENT OF 5501 BOONE AVENUE NORTH BE IT RESOLVED by the Board of Commissioners of the Economic Development Authority in and for the City of New Hope as follows: WHEREAS, the Economic Development Authority in and for the City of New Hope (hereafter EDA) and the County of Hennepin (hereafter County) have entered into a Land Disposition Agreement (hereafter Contract) relating to the development of 5501 Boone Avenue North as an adult day care facility, and WHEREAS, specifically, the County has provided the EDA with a $100,000.00 grant provided through the Urban Hennepin County Community Development Block Grant Program, and WHEREAS, the Contract requires the EDA to refund the $100,000.00 grant if the property at 5501 Boone Avenue North is not developed with an adult day care facility by October, 2000 unless said deadline is extended, and WHEREAS, the Contract provides that the use deadline may be extended for an additional three (3) years provided it appears reasonably feasible the adult day care development will occur during the extension period, and WHEREAS, Minnesota Masonic Homes remains interested in the property at 5501 Boone Avenue North for an adult day care facility and has requested that the EDA seek an extension to the Contract evidenced by Exhibit A attached, and WHEREAS, the County, based on Minnesota Masonic Homes expressed interest to develop 5501 Boone Avenue North as an adult day care facility, is willing to provided a three-year extension to the Contract evidenced by its September 8, 2000 letter attached as Exhibit B, and WHEREAS, the County has prepared an addendum to the Contract, attached as Exhibit C titled Amendment No. 1 To Agreement, Contract No. A20867, which provides for an extension of the Contract to October 1, 2003. NOW THEREFORE BE IT RESOLVED by the Economic Development Authority of the City New Hope as follows: That Amendment No. 1 To Agreement, Contract No. A20867 attached as Exhibit C, is hereby approved. That the President and Executive Director are hereby authorized and directed to sign Amendment No. 1 To Agreement, Contract No. A20867. Dated the 25th day of September, 2000. W. Peter Enck, President Attest: Daniel J. Donahue, Executive Director p:LMtomey~S ASXI)ocuments'~eso Approving Extension.wpd ~U0-29-00 TUE 09:2? MINNESOTA MASONIC HOM S 501 Ma~niz Hame Drive BIoamiagton, MN 55437-3699 Phone: (952) 948-7000 F~: (952) 948-62 l0 tdinr~esola Masonic Home, ~loontingto/~ t. North Ridge Care Center, Ne~. llope t, North Ridge Apartments Personal Care Suites, New tlope Assisted Lt'ving al Hcriu~£c Hail, Bloominf, ton ~ Ma.~ot:ic Square, Bloomington ~: CareBreak Adult Day gervlce.r & Tran.~por~utlon, New Hope Services, Bloomington ~" Mbtne.tota 34axonic Home HN NASONIC HONES FAX NO. 6129486210 P. 02 August 28, 2000 Daniel J. Donahue Executive Director City of New Itope 440l Xylon Avenue North New Hope, MN 55428 RE: Lot 2, Block 1, Science Industry Center 3'~ Addition 5501 Boone Avenue North Dear Dan: Greetings from Minnesota Masonic Homes ! As you are aware, Minnesota Masonic Homes acquired North Ridge Care Center in March o£ 1999 and subsequently the intent to convey property associated with the land adjacent. In December of 1999 an affiliation agreement was established between Minnesota Masonic Homes and Senior Outreach Services DBA CareBreak Adult Day Services. As an organization we are looking closely at our strategic plan for all facets of our operations which includes determining the appropriate location of CareBreak and its respective services. We would like to request an extension on the intent to convey property on the ]and adjacent to MMH North Ridge until which time the strategic plan review has been compIeted. We have enjoyed lbo working relationship we have had with the City of New Hope to date, and thank you in advance for considcrSng our request. Should you require additional information from our organization, please contact me at 952.948.6214 or my assistant Deb Cutsinger at 952.948.6206. Sincerely, Deborah L Rose Vice President of Open~tions ~xOf.l: gl[Y OF NEW HOPE FRX NO.: ?63 5~1 5156 09-1~-00 08:~S P.~2 . September 8, 2000 Daniel ]. Donahue City Manager City of New Hope 4401 Xylon Ave. No. New Hope, MN 55428-4898 Subject: Land Disposition A~eement Dear Dan: This is to acknowledge receipt of your request for an extension to the Land. Disposition Agreement (Contract No. A20867) between the New Hope Economic Development Authority and Hennepin County regarding utilization of Community Development Block Grant (CDBG) fimds for land acquisition to facilitate the development of an adult day care facility. Our office recognizes the city's efforts over the last three years to secure private development of the facility. Based on supporting information you provided it is clear this project is still viable and that an extension to the time period for the agreement will alloxv the city and Minnesota Masonic Homes, as~ adult day care provider, sufficient time to complete pre-development tasks. Your request will be forwarded to the County Board with a recommendation to extend the agreement for up to 3 ~dditional years. To facilitate this, please have the EDA execute Amendment No. 1 to the Agreement. Please sign and return both original copies. A fully executed copy of the agreement will be returned to you following Board approval and execution. Sincerely, Mark Hendrickson, Principal Planner Encl. C: Kirk McDonald Office O{ Planning & Devetopm*nt Development Planning Unit 10709 Wayzata B~ulevard, Suite 260 Mmnetor~ka, Minnesota 55305 (612) 541~7080 FAX:(612) 541-7090 TDD/I'I'Y:(612) 54D7981 RecS. ¢~5 ?c;~ FROr. I:,. CITY OF NEW HOPE FA× NO.: ?63 531 5136 09-13-00 08:~4R P.03 Ai~IEN-DMENT NO. 1 TO AGREEMENT, CONTRACT NO. A20867 THIS AGREEMENT made and entered into by and between the COUNTY OF HENNEPIN, STATE OF MINNESOTA, hereinafter referred to as the "County," through its Office of Plamfing and Development. hereinafter referred to as "OPD," and the Economic Development Authority in and for the City of New Hope, a Minnesota Municipal Corporation, hereinafter referred to as the "EDA", each of which parties is a governmental unit for the State of Mim]esota pursuant to Mirmesota Statutes, Section 471.59: WITNESSETH: WHEREAS, the EDA and the County have previously entered into Agreement, Contract No. A20867, and WHEREAS, under the provisions of Paragraph II, the EDA wishes to exercise its option to extend the period during which it Inay hold the land, which it purchased with Community Development Block Grant funds provided through a third party a~eement with the city of New Hope, for an additional three (3) year period, and WHEREAS, the EDA has demonstrated that the purpose for which the land was purchased, namely the development of an adult da>' care facility and/or senior center public facility, is still viable and feasible: NOW, THEREFORE, in consideration of the mutual terms herein set forth, tile parties agree as follows: Articles II and V of the Agreement shall be amei~ded to read as follows: II. The EDA covenants and agrees that the purpose of such purchase and acquisition of said property is for an adult day care facility and/or senior center public facility and that such development shall occur not later than three (3) years from and after tile date of this Agreement as specified in Paragraph V. This Agreement is effective as of October 1, 2000 and shall continue in full force and effect until an adult day care facility and/or senior center public facility is completed on the site or until the land is sold or approved for an alternate use in accordance with Paragraph III above, whichever of said events occur first. CITY OF NEW HOPE FR× NO.: 765 551 5156 09-15-00 The EDA having signed this Amendment, and file Hennepin Count~' Board of Conunissioners having duly approved this Amendment on this of ,2000, and pursuant to such approval and the proper County officials having signed this Amendment, the parties agree to be bound by the provisions herein set forth. APPROVED AS TO FORM AND EXECUTION COUNi;i/OF HENNEPIN. STATE OF MINNESOTA Assistant County Attorney By: Chair of its County Board Date And: ~ssistant/Deputy/County Administrator Attest: Deputy/Clerk of the County Board Date; ECONOMIC DEVELOPMENT AUTHORITY in and for the CITY OF NEW HOPE By: Chair/President By: Attest: City Clerk GORDON L. JENSEN* STEVEN A. SONDRALL MARTIN P. MALECHA WILLIAM C. STRAIT? C. ALDEN PEARSON,' JULIE A. THILL OF COUNSEL LORENS Q. BRYNESTAD *Real Property Law Specialist Certified By The Minnesota State Bar .S~sociation ?Qualified ADR Neutral JENSEN & SONDRALL, P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443-1968 TELEPHONE (763) 424-8811 · TELEFAX (763) 493-5193 e-mail law~j ensen-sondrall.com September 19, 2000 Kirk McDonald Community Development Director City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 SENT BY FAX TO: 612-531-5136 AND BY REGULAR MAIL Re.' Extension of Land Disposition Agreement for 5501 Boone Avenue North Our File No.: 99.11198 Dear Kirk: Please find enclosed a proposed EDA Resolution Approving Extension to Land Disposition Agreement Relating to Development of 5501 Boone Avenue North for consideration at the September 25, 2000 EDA meeting. As you know, Hennepin County has provided the EDA with a $100,000.00 community development block grant relating to this property. The purpose of the grant is to assist in acquiring the property for its development with an adult day care facility. The EDA now owns this property and has used the $100,000.00 block grant as part of its acquisition proceeds. The Land Disposition Agreement also requires us to refund the County its grant money if the property is not used for an adult daycare facility. The purpose of Amendment No. 1 to Agreement, Contract No. A20867 is to extend until October, 2003 our deadline for development. In other words, we have until October, 2003 to meet the requirements of the Land Disposition Agreement. The enclosed Resolution adopts the Addendum prepared by the County extending this deadline to October, 2003. Please contact me if you have any questions or comments regarding the content of this letter, the Resolution, the Extension Addendum or the original Land Disposition Agreement. yours, Steven A. Sondrall JENSEN &. SONDRALL, P.A. Enclosure cc: .Jalerie Leone (w/eno.) Dan Donahue (w/enc.) 4401 Xylon Avenue North - New Hope. Minnesota 55428-4898 www. ci. new-hope, mn.us City Hall: 763-531-5100 C/ry Haft Fax: Police: 763-531-5170 Pofice Fax: Public Works: 763-533-4823 Pu~flc Works Fax: TDD: 763-531-5109 763.53~-5',3~, 763-53 ? -5' 763-533- 765£ August31,2000 Mr. Mark Hendrickson Hennepin County Office of Planning & Development 10709 Wayzata Boulevard, Suite 260 Minnetonka, MN 55305 Subject: Request for Extension of Land Disposition Agreement for Development of Adult Day Care Facility Dear Mark: As you are aware, the New Hope Economic Development Authority executed a Land Disposition Agreement (Contract No. A20867) with Hennepin County on May 13, 1997, regarding the utilization of Community Development Block Grant (CDBG) funds for the development of an adult day care facility on city-owned property at 5501 and 5425 Boone Avenue North. Paragraph II of the agreement states that the purpose of the purchase shall be implemented not later than three (3) years from and after the date the CDBG reimbursement was received by the EDA from the County. The City understands that the three-year timeline ends in October 2000. The agreement further states that if at the end of such three- year period implementation of said project has not actually begun, but it can be demonstrated at such time that said project is still viable and feasible, the City shall have an option to extend the period during which it may hold such land for an additional three (3) year period. Per the attached correspondence from Minnesota Masonic Homes, the City believes that the development of an adult day care center on this site is still a viable project and can be completed within the next several years. Based on these facts, the City of New Hope hereby requests that Hennepin County approve a three (3) year extension on the agreement until October 2003. The City has been in discussions with North Ridge Care Center and the affiliated CareBreak organization for the past five-plus years regarding the development of an adult day care center and/or senior center public facility on the city-owned property at 5501/5425 Boone Avenue North. CDBG funds were utilized, in part, to purchase the property for this activity. In March of 1999, Minnesota Masonic Homes acquired North Ridge Care Center. In December of 1999, an affiliation agreement was established between Minnesota Masonic Homes and Senior Outreach Services dba CareBreak Adult Day Services. Per the attached correspondence, the new organization is currently looking closely at its strategic plan for all facets of its operations, including determining the appropriate location of CareBreak and its services. Minnesota Masonic has requested an extension from the City on the intent to convey property on the land adjacent to North Ridge until such time that the strategic plan review has been completed. Family Styled City ~ For Family Living Mr. Mark Hendricksorr Page 2 August 30, 2000 The City is requesting an extension from the County at this time so that Minnesota Masonic can complete its strategic plan, which may result in an adult day care facility being constructed on the subject site. If in the future, an agreement is not reached with Minnesota Masonic Homes on the construction of such a facility on the site, the City agrees to abide by the terms of the current agreement and either propose an alternate use of the land for a project eligible for CDBG funding or sell the site for its market value and return a prorated share of the sale proceeds to the County. Please submit this letter requesting an extension of time on the development of an adult day care facility -to the appropriate persons and/or the Hennepin County Board. Please contact me (763-531-5112) or New Hope Community Development Director Kirk McDonald (763-531-5119) if you have any questions. City Manager Enclosures: Minnesota Masonic Homes Correspondence Site Map Land Disposition Agreement Cc~ Kirk McDonald, Community Development Director Daryl Sulander, Director of Finance Steve Sondrall, City Attorney Improvement Project No. 493 Contract No. A20867 LANI) DISPOSITION AGREEMENT TI-tIS AGREEMENT made and entered into by and between the Count.',' of Hermepin. State of Minnesota. hereinafter referred to as the "Count>'" through its Office of Planning and Development, hereinafter referred to as "OPD" and the Economic Development Authority. in and for the City of New Hope, a Minnesota Municipal Corporation. hereinafter referred to as the "EDA". each of which parties is a governmental unit for the State of Minnesota pursuant to Minnesota Statutes, Section 471.59 WITNESSETH: WHEREAS, the County through OPD is a duly designated Urban County Community Development Block Grant entitlement recipient pursuant to the provisions of the Housing and Community Development Act of 1974, Title I of Public Law 93-383, as amended. (42 USC 5301 et seq), and WHEREAS, the city of New Hope is an authorized subgrantee participant in the Urban · Hennepin County Community Development Block Grant program by virtue of a Joint Cooperation Agreement executed between City and County through OPD pursuant to MSA 471.59. and WHEREAS, as Third Party Agreement has been executed between the city of New Hope and the EDA for purposes of implementing this CDBG funded activity, and WHEREAS, the Urban Hennepin County Community Development Block Grant program permits the City to use Community Development Block Grant funds to acquire lands for the purpose of assisting in the development of an adult daycare and/or senior center public facility, and WHEREAS, the EDA has acquired through its power of eminent domain property located at 5501 and 5425 Boone Avenue North, in the City of New Hope, for an adult daycare and/or senior center public facility. That said properties are legally described in paragraph I of the herein agreement. Further, the award of damages paid to the fee owners of the subject property totaled $376,764.00. For the purposes of this agreement, the parties hereto agree that this amount equals the purchase price paid by the EDA for the property. NOW THEREFORE, in consideration of the mutual covenants and promises contained in this agreement, the parties hereto mutually agree to the following terms and conditions: The EDA acknowledges receipt of the sum of $100,000.00 dollars provided through the Urban Hennepin County Community Development Block Grant program to purchase and acquire property at 5501 and 5425 Boone Avenue North in the City of New Hope, County of Hennepin, State of Minnesota, legally described below. The parties acknowledge and agree the total purchase price for the following described properties was $376,764.00. 5501 Boone Avenue North That part of Lot 2, Block 2. lying North of the North line of the South 639.88 feet of said Lot 2, Block 2, as measured along the East and West lines thereof, except the North 150 feet thereof. Science Industry Center. according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County. Minnesota. Subject to utility easements shown on plat; Subject to an overhead easement in favor of Northern States Power Company as set forth in Document No. 1098475. Files of Registrar of Titles; Subject to the storm sewer easement as set forth in the Notice of Subsequent Adverse Claim, Document No. 2058134. Files of the Registrar of Titles. 5425 Boone Avenue North The North 75 feet of the following described property: The North 300 feet of the South 639.88 feet (as measured along the East and West lines thereof) of Lot 2, Block 2, Science Industry Center. according to the plat thereof on file or of record in the Office of the Registrar of Titles in and for Hennepin County. Minnesota. Subject to utility easements as shown on plat. II. In consideration for the receipt of the $100,000.00 Urban Hennepin County Community Development Block Grant, the EDA covenants and3grees that the purpose of such purchase and acquisition of said property is for the development of an adult daycare facility and/or senior center public facility and that such purpose shall be implemented not later than three (3) years from and after the date CDBG reimbursement was received by the EDA from the County. If at the end of such three ~3) year period implementation of said project has not actually begun but it can be demonstrated at such time that said project is still viable and feasible, the City shall have an option to extend the .period during which it may hold such land for an additional three (3) year period. III. If at the end of the initial period of three (3) years or during the second three (3) year period if the initial period should be so extended, it appears to the County through OPD that the said project proposed is no longer viable or feasible so that the EDA could not develop the project on the site, then, in such event, the County through OPD may, 2 A. Approve an alternate use of the land for a project eligible for Communitv Development Block Grant funding or B. Require that the site be sold for its fair market value. The fair market value shall be established in accordance with the Uniform Act (49 CFR Par~ 24). In the event that such property is sold in accordance with B (above). the portion of the proceeds of such sale attributable to the ratio of the CDBG contribution to the purchase price identified in Paragraph I would become the property of the County through OPD to be designated as Community Development Block Grant income (CDBG). All program income returned to the Count-,' is subject to the provisions of the Joint Cooperation Agreement. In no event shall the amoun~ returned be less than the CDBG contribution identified in Paragraph I. The EDA. its administrators. heirs, and assigns, releases Hennepin County and OPD, its agents and employees, from an3' and all actions, causes of action, or claims or demands whatsoever kind of nature regarding the proceeds of such sale of property described above. IV. During the term of this Agreement the EDA may propose to the County through OPD alternative uses for the site being so acquired and the County through OPD may consider and authorize such alternative proposal provided that such alternative is eligible for Community Development Block Grant assistance and that such alternative proposal meets then existing rules and regulations for such assistance. This Agreement is effective as of the /~Z~day of /)'~e~ . 19~7, and shall continue in full force and effect until the-Project is completed~.o/n the described site or until the land is sold or approved for an alternate use in accordance with Paragraph III above or at the expiration of three years, whichever set of events occurs first. The EDA having signed this Contract. an~ the Hennepti~County Board of Commissioners having duly approved this Contract on the ] ?7-,M:tay of '[ )~.,r _-- . 19 qT. and pursuant to such approval and the proper County officials having signed this Contract, the parties agree to be bound by the provisions herein set forth. · to legality/? form Assistant nty Attorney Date: /(''2q '0') Appr. ovei~ to ~'~on: COUNTY OF HENNEPIN STATE OF MINN.ES. OTA VJCE.,Chairma. n'o~' its Cou~'y t~ard ~ /~/~ 7/~ 7 Assisk~yCSu4aty Administrak:~ Cler~ the County ~oard ECONOM~ DEVELOPMENT AUTHO~TY in and for the CITY OF ~ ~P~ W. Peter Enck, President Danie~J. Don~ue, ~cunve D~rector ATTEST: 4 R~4 5501 Boone HOSTERMAI' ,JR I-~IGH SCHOOL SUBJECT I-1