020998 EDA Official File Copy
CITY OF NEW HOPE
EDA A GEIVDA
EDA Regular Meeting #1 February 9, 1998
Agenda #1
President W. Peter Enck
Commissioner Sharon Cassen
Commissioner Don Coil/er
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
1. Call to Order
2. Roll Call
3. Approval of Minutes of December 8, 1997
4. Resolution Approving Letter of Understanding Between the Fridley
Housing and Redevelopment Authority and the New Hope Economic
Development Authority for the Suburban Remodeling Plan Book Project
(Improvement Project No. 623)
5. Resolution Authorizing President and Executive Director to Enter into a
Redevelopment Contract with Project for Pride in Living, Inc. for Funding
of Bass Lake Road Redevelopment (Improvement Project No. 614)
6. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
Approved EDA Minutes December 8, 1997
Meeting #14
CALL TO ORDER President Enck called the meeting of the Economic Development Authority to
order at 9:11 p.m.
ROLL CALL Present: Enck, Cassen, Collier, Otten
Absent: Norby
Staff Present: Sondrall, Hanson, Donahue, Leone, McDonald, Cavanagh
APPROVE MINUTES Motion was made by Commissioner Otten, seconded by Commissioner Collier,
to approve the EDA minutes of November 24, 1997. Voting in favor: Otten,
Cassen, Collier; Abstained: Enck; Absent: Norby. Motion carried.
IMP. PROJECT523 President Enck introduced for discussion Item 4, Resolution Approving
Item 4 Transfer of Ownership of Gill Brothers Funeral Home (Improvement Project No.
523).
Mr. Donahue reported that this item relates to Council agenda item 6.21, and
the EDA must also authorize the transfer of ownership.
EDA RESOLUTION Commissioner Otten introduced the following resolution and moved its
97-11 adoption: "RESOLUTION APPROVING TRANSFER OF OWNERSHIP OF
Item 4 GILL BROTHERS FUNERAL HOME {IMPROVEMENT PROJECT NO, $23)."
The motion for the adoption of the foregoing resolution was seconded by
Commissioner Collier, and upon vote being taken thereon, the following voted
in favor thereof:; Enck, Cassen, Collier, Otten; and the following voted against
the same; None; Abstained: None; Absent: Norby; whereupon the resolution
was declared duly passed and adopted, signed by the president which was
attested to by the city clerk.
IMP. PROJECTS23 President Enck introduced for discussion Item 5, Resolution Authorizing
Item $ Certificate of Completion for Redevelopment Project 85-2 (Improvement
Project No. 523).
EDA RESOLUTION Commissioner Collier introduced the following resolution and moved its
97-12 adoption: "RESOLUTION AUTHORIZING CERTIFICATE OF COMPLETION
Item S FOR REDEVELOPMENT PROJECT 85-2 (IMPROVEMENT PROJECT NO.
523)." The motion for the adoption of the foregoing resolution was seconded by
Commissioner Otten, and upon vote being taken thereon, the following voted in
favor thereof:.; Enck, Cassen, Collier, Otten; and the following voted against
the same: None; Abstained: None; Absent: Norby; whereupon the resolution
was declared duly passed and adopted, signed by the president which was
attested to by the city clerk.
ADJOURNMENT Motion was made by Commissioner Collier, seconded by Commissioner
Cassen, to adjourn the meeting. All present voted in favor. The New Hope
EDA adjourned at 9:17 p.m.
New Hope EDA December 8, 1997
Page I
Respectfully submitted,
Valerie Leone
City Clerk
New Hope EDA December 8, 1997
Page 2
REQUF T FOR ACTION
Originating Department Approved for Agenda Agenda Section
EDA
Community Development --
By:~ Item No.
By: Kirk McDonald 4
RESOLUTION APPROVING LETTER (~ UNDERSTANDING BETVVEEN THE FRIDLEY HOUSING
AND REDEVELOPMENT AUTHORITN AND THE NEW HOPE ECONOMIC DEVELOPMENT
AUTHORITY FOR THE SUBURBAN REMODELING PLAN BOOK PROJECT (IMPROVEMENT
PROJECT NO. 623)
At the November 10, 1997, New Hope Economic Development Authority meeting, the EDA discussed
and was receptive to New Hope's participation in the Suburban Remodeling Plan Book Project. A
number of inner-ring suburban communities are participating in the project which would result in a plan
book with remodeling/expansion ideas for several different styles of homes being made available to each
city for use by residents. A request for proposals for architects to prepare the plan book was sent to a
number of firms and Robert Gerloff Residential Architects was selected to complete the project. The
maximum cost for each participating city is $5,000 and New Hope's portion would be paid out of the EDA
budget. The city of Fridley Housing and Redevelopment Authority is coordinating the project on behalf of
the participating cities, including the contract with the architects and invoicing each city.
The Fridley Housing and Redevelopment Authority has agreed to enter into a contract with Robert
Gerloff Residential Architects to produce the content of the remodeling plan book focusing on typical
housing styles in fully developed suburbs. Enclosed is a Letter of Understanding, a copy of the draft
contract between the Fridley HRA and Gerloff and an invoice for $5,000. Fridley is requesting that each
participating jurisdiction initiate the process to formally approve participation in the project and the
enclosed resolution approves the Letter of Understanding.
The contract amount is $60,000. Up to 18 cities may participate in the project, but it is anticipated that no
less than 12 cities will participate and contribute to the cost of the contract. The funds from participating
cities will be deposited with the Fridley HRA, who will execute the contract and pay on the contract from
the deposited funds. Any unused funds would be reimbursed to the participating cities on a pro-rata
basis.
(cont'd.)
! --
Review: Administration: Finance:
RFA-O01 ~
Request for Action Page 2 2-9-98
The purpose of the Letter of Understanding is for each city to agree on certain terms with the Fridley
HRA regarding the use of the $5,000. The purpose of the contract with the architects is to produce the
content of the plan book. Each city will be responsible for publishing/duplicating their own plan book.
The Letter of Understanding specifically contains the following understandings:
1. The City agrees to pay $5,000 to the Fridley HRA to be held on account to pay for the contractual
services.
2. The City acknowledges that the Fridley HRA is administering the contract on behalf of several cities
and that the publishing and production of the plan book will be an additional undertaking to be
completed in cooperation with the cities.
3. The City agreed to defend, indemnify, and hold Fridley HRA, it officers and employees, harmless
from any liability claims, damages, costs, judgments, or expenses, including reasonable attorney
fees, resulting directly or indirectly from an act or omission of the Fridley HRA, its officers and
employees, in administration of the contract.
4. The HRA agrees to administer the contract in consultation with the cities at meetings regularly
established by the cities' representatives. This may include, but is not limited to, requesting
additional services, reviewing the architects work performance,' and specific direction regarding
preparation of the plan book.
5. The Fridley HRA agrees to refund any unused portion of the cities' payments in a manner as
mutually agreed to by the cities and that the use of the funds is for the purposes as described in this
Letter of Understanding.
6. The HRA acknowledges that the City is entitled to use the content of the plan book; however, the
City agrees to work in consultation with the cities identified, in publishing the plan book.
The Letter of Understanding has been reviewed by the City Attorney.
Staff recommends approval of a Resolution Approving Letter of Understanding Between the Fridley
Housing and Redevelopment Authority and the New Hope Economic Development Authority for the
Suburban Remodeling Plan Book Project (Improvement Project No. 623).
CITY Of NEW HOPE
EDA RESOLUTION NO. 98-
RESOLUTION APPROVING LETTER OF UNDERSTANDING BETVVEEN
THE FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY AND
THE NEW HOPE ECONOMIC DEVELOPMENT AUTHORITY FOR THE
SUBURBAN REMODELING PLAN BOOK PROJECT
(IMPROVEMENT PROJECT NO. 623)
WHEREAS, the City of New Hope desires to participate with other suburban cities in the
preparation of a remodeling plan book to encourage homeowners to expand and
remodel their homes; and
WHEREAS, the New Hope EDA previously considered this project and was favorable toward
the City participating in this project; and
WHEREAS, the Fridley Housing and Redevelopment Authority, on behalf of the participating
cities, has agreed to enter into a contract with an architect to produce the content
of the remodeling plan book and to disburse expenses for the project; and
WHEREAS, a Letter of Understanding has been prepared outlining each participating cities'
understanding of the use of the $5,000 per city contribution for the project and
acknowledges that the Fridley HRA is administering the contract on behalf of the
cities.
NOW, THEREFORE, BE IT RESOLVED, that the Letter of Understanding with the Fridley
Housing and Redevelopment Authority is hereby approved.
Adopted by the Economic Development Authority in and for the CitY of New Hope, Hennepin
County, Minnesota, this 9th day of February, 1998.
President
Attest:
Executive Director
CITYOF
FRIDLEY
FRIDLEY MUNICIPAL CENTER · 6431 UNIVERSITY AVE. N.E. FRIDLEY, MN 55432 ° (612) 571-3450 · FAX (612) 571-1287
February 2, 1998
Kirk McDonald
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
Dear Mr. McDonald:
The Fridley Housing and Redevelopment Authority, on behalf of several cities, has'
agreed to enter into a contract with Robert Gerloff Residential Architects to produce the
content of a remodeling plan book focusing on typical housing styles in fully developed
suburbs. As you know, Community Development Directors and their staff have been
meeting for several months to collaborate on this publication which would greatly
benefit our respective communities.
Enclosed is an invoice for $5,000, a Letter of Understanding, and a copy of the draft
contract between the Fridley HRA and Robert Gerloff Residential Architects, the
proposed authors of the regional remodeling plan book. Please initiate the process for
your jurisdiction to approve participation in this worthwhile project.
The contract amount is $60,000. Up to eighteen communities may participate, but it is
hoped that at least twelve will contribute to cover the contract cost. The general
consensus among the working group of cities is that the funds from participating cities
will be deposited with the Fridl.ey HI{A, who will then execute the contract with the
architects and will pay on the contract from those funds. If there are any remaining
funds, the HRA will reimburse a pro rata amount or maintain the funds until a final
disposition is made regarding the use of the money by the working group of cities. The
architects can provide additional services, such as cost estimates for remodeling or
additional marketing, should the working group of cities elect to use any funds above
the $60,000.
The purpose of the Letter of Understanding is for each city to agree on certain terms
with the Fridley HRA regarding the use of the $5,000. It should be remembered that
the purpose of the contract with the architects is to produce the content of the plan
book. The cities will then need to raise the funds for publishing the plan book. This
request of $5,000 is intended as the initial push to get a "product" which can then be
used to attract foundation or other financial support.
Please process the invoice at your eadiest convenience. It is hoped that all funds can
be received before late February, so that the Fridley HRA can execute the contract and
the architects begin work by no later than March 1, 1998.
LETTER OF UNDERSTANDING
This Letter of Understanding is made between the Fridley Housing
and Redevelopment Authority (hereby referred to as the ~"Fridley
HRA") and the City of' (hereby referred to
as the "City") to outline the common understandings and
expectations as related to a remodeling planbook for housing in
fully developed and/or inner ring cities of the Twin City
Metropolitan Area.
The HRA agrees to execute a contract with Robert Gerloff
Residential Architects, Kristi Johnson, and Peter Musty (hereby
referred to as the "Architects") in the amount of $60,000 with the
following understanding:
1. The City agrees to pay $5,000 to the Fridley HRA to be held
on account to pay for the contractual services as outlined in
the contract identified as Exhibit i of this document.
2. The City acknowledges that the Fridley HRA is administering
the contract on behalf of several cities as identified in
Exhibit 2 as an efficient means to producing the content of
a planbook. The City acknowledges that the publishing and
production of the planbook will be an additional undertaking-
to be completed in cooperation with the cities identified in
Exhibit 2.
3. The City agrees to defend, indemnify, and hold Fridley HRA,
its officers and employees, harmless from any liability
claims, damages, costs, judgements, or expenses, including
reasonable attorney fees~ resulting directly or indirectly
from an act or omission of the Fridley HRA, its officers and
employees, in administration of the contract identified in
Exhibit 1.
4. The HRAagrees to administer the contract in consultation with
the cities as outlined in Exhibit 2 at meetings regularly
established by the cities' representatives. This may include,
but is not limited to, requesting additional services,
reviewing the Architects work performance, and specific
direction regarding preparation of the planbook.~
5. The Fridley HRA agrees to refund any unused portion of the
cities' payments in a manner as mutually agreed to by the
cities in Exhibit 2. The HRA agrees that the use of the funds
is for the purposes as described in this Letter of
Understanding.
6. The HRA acknowledges that the City is entitled to use the
content of the planbook as defined in Exhibit 1; however, the
City agrees to work in consultation with the cities identified
in Exhibit 2 in publishing the planbook.
page 2
Letter of Understanding
CITY OF FRIDLEY HOUSING AND REDEVELOPMENT AUTHORITY
Lawrence R. Commers, Chairperson
Fridley Housing and Redevelopment Authority
William W. Burns, Executive Director
Fridley Housing and Redevelopment Authority
CITY OF
prepared by City of Fridley HRA
1/22/98
CITY OF FRIDLEY HRA
6431 University Avenue NE
Fridley, Minnesota 55432-4384
Telephone: 572-3531
Invoice Date: January 30, 1998
Kirk McDonald
City of New Hope
4401 Xylon Ave N
New Hope MN 55428
DESCRIPTION AMOUNT
Sham of reimbursement for Professional Services $5,000
for the Regional Remodeling Planbook
AMOUNT ENCLOSED $
Please retum INVOICE with your remittance. No statement will be sent.
Remit to: City of Fridley HRA
Attn: Craig Eilestad
6431 University Ave NE
Fridley MN 55432-4384
EXHIBIT I
PROFESSIONAL SERVICE AGREEMENT
REGIONAL REMODELING PLAN BOOK
THIS AGREEMENT made and entered into by and between the Fridley Housing
and Redevelopment Authority in and for the City of Fridley, State of Minnesota,
hereinafter referred to as the HRA and Robert GerloffResidential Architects, Kristi
Johnson, and Peter Musty hereinafter referred to as Architects.
WITNESSETH:
WHEREAS, several cities have initiated a cooperative effort to produce a
remodeling plan book; and
WHEREAS, these Cities have requested the HRAto act as the contract holder
for professional services on behalf of the Cities; and
WHEREAS, the Cities have conducted a request for proposal to provide
professional services to produce the content of the plan book; and
WHEREAS, the Cities have mutually agreed to hire Architects; and
WHEREAS, the HRA agrees to purchase the services of Architects on behalf of
several Cities; and
WHEREAS, the Cities have ~greed to provide the funds to these services.
NOW, THEREFORE, in consideration of the mutual undertakings and
· agreements hereinafter set forth, the HRA and Architects agree as follows:
1. TERMS AND COST OF THE AGREEMENT
Architects agree to furnish services to the HRA as indicated on the attached
Exhibit A dated January 22, 1998. The total cost of this Agreement shall not
exceed $60,000. Work beyond the Scope of Services in Exhibit A shall be
approved in writing by the HRA.
2. OWNERSHIP OF MATERIALS
All reports, memos, and other data produced by Architects become the property
of the HRA with the following exceptions: Architects may use any material
produced for marketing or promotional purposes; Architects retain ownership of
the original watercolors with the HRA having full use of the images provided by
Architects through electronic scanning and photography.
3. PAYMENT FOR SERVICES
Architects will submit invoices at the same time benchmark tasks are completed
and submitted to the HRA according to the benchmark schedule in Exhibit A.
However, the first benchmark payment will be made by the HRA when the
invoice is presented following agreement signing. The HRA will issue the check
within 30 working days of receipt of invoice. - '
4. PRODUCT
Architects will provide the HRA with an iomega zip drive cartridge with the
remodeling plan book fully designed in Ouark printer ready. Architects will scan
in all images.
Assuming the product is published, the HRA will provide 25 copies of remodeling
plan book free of charge. The HRA makes no representations as to timing.
5. INDEPENDENT CONTRACTOR
Architects shall select the means, method, and manner of performing the
services herein in consultation with the HRA. Nothing is intended or should be
construed in any manner as creating or establishing the relationship of
copartners between the HRA and Architects or as constituting Architects as the
agent, representative, or employee of the HRA for any purpose or in any manner
whatsoever. Architects is to be and shall remain an independent contractor with
respect to all services performed under this Agreement. Architects 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 Architects or other
persons while engaged in the performance of any work or services required by
this Agreement shall have no contractual relationship with the HRA, and shall not
be considered employees of the HRA. Any and all claims that may or might
arise under the Unemployment Compensation Act 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, claims of
discrimination against Architects, its officers, agents, contractors, or employees
shall in no way be the responsibility of the HRA. Architects shall defend,
indemnify, and hold the HRA, its officers, agents, and employees harmless from
any and all such claims irrespective of any determination of any pertinent
tribunal, agency, board, commission, or court. Such personnel or other persons
shall neither require nor be entitled to any compensation, rights, or benefits of
any kind whatsoever from the HRA, including, without limitation, tenure rights,
medical and hospital care, sick and vacation leave, Workers' compensation,
Unemployment Insurance, disability, severance pay, and PERA.
2
6. NONDISCRIMINATION
The HRA operates in accordance with the City of Fridley's policies against
discrimination. No person shall be excluded from or denied the benefits of any
service performance or contemplated under the terms of this Agreement on the
grounds of race, color, creed, religion, age, sex, disability, marital status, public.
assistance status, ex-offender status, or national origin; and .no person who is
protected by applicable Federal or State laws against discrimination shall be
otherwise subjected to discrimination. Architects shall (1) furnish all information
and reports which may be required by the HRA's Affirmative Action Policy, and
(2) comply with the HRA's Equal Employment Opportunity/Affirmative Action
Policies with regard to employment and contracting (See Exhibit B).
7. INDEMNITY AND INSURANCE
Architects agree to defend, indemnify, and hold the HRA, its officers, and
employees harmless from any liability claims, damages, costs, judgments, or
expenses, including reasonable attorney fees resulting directly or indirectly from
an act or omission (including without limitation professional errors or omissions)
of Architects, its agents, employees, or assignees in performance of the services
provided by this contract, and against all loss by reason of the failure of
Architects to fully perform in any respect, all obligations under this contract.
8. RECORDS - AVAILABILITY
Architects agrees that the HRA, the State Auditor, or any of their duly authorized
representatives at any time during normal business hours, and as often as they
may reasonably deem necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers, records, etc.,
which are pertinent to the accounting practices and procedures of Architects and
involve transactions relating to this Agreement. Records shall be retained for
three years from date of final payment with respect to the project.
9. NON-A~SIGNMENT
Architects shall not assign, subcontract, transfer, or pledge this contract and/or
the services to be performed hereunder, whether in wholeor in part, without the
prior written consent of the HRA.
10. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement between the parties
is contained herein and that Agreement supersedes all oral agreements
and negotiations between parties relating to the subject matter hereof. Ali
3
items referred to in this Agreement are incorporated or attached and are
deemed to be part of this Agreement.
b. Any matedal alterations, variatiOns, modifications, or waivers of provisions
of this Agreement shall only be valid when they have been reduced to
writing as an amendment to this Agreement signed by' the parties hereto.
11. DEFAULT AND CANCELLATION
a. If Architects fail to perform any of the provisions of this Agreement.' or so
fail to administer the work as to endanger the performance of this
Agreement, this shall constitute a default. Unless the default-is excused,
the HRA may, upon written notice, immediately cancel the Agreement in
its entirety.
b. The HRA'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 waiver of the same, unless consented to in writing.
Such consent shall not constitute a general waiver or relinquishment.
throughout the entire term of the Agreement.
c. If the Agreement is canceled, Architects will be paid for percent of work
completed to the date of cancellation.
12. CONTRACT ADMINISTRATION
The HRA is managing the Contract in consultation with several cities as outlined
in Exhibit C. From time to time, meetings shall be held between Architects,' the
HRA, and the cities identified in Exhibit C.
13. MEDIATION/ARBITRATION CLAUSE
If a dispute arises out of or relates to this Agreement, or breaching of the
Agreement, and if the dispute cannot be settled through direct discussions, the
Architects and the HRA agree to first endeavor to settle the dispute in an
amicable manner by mediation administered by the Mediation Center,
Minneapolis, before resorting to arbitration. If mediation is unsuccessful, the
dispute shall be settled by arbitration administered by the Mediation Center,
Minneapolis. Architects and the HRA will each pay one-half the cost of
mediation/arbitration.
14. NOTICES
Any notice or demand which must be given or made by a party hereto under the
terms of this Agreement shall be in writing.
4
Notices shall be sent as follows:
For Fridley Housing and RedeVelopment Authority:
6431 University Avenue N.E.
Fddley, Minnesota 55432
For Robert Gedoff Residential Architects:
4007 Sheridan Avenue South
Minneapolis, Minnesota 55410
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF FRIDLE¥
By:
Executive Director
By:
Chairperson
ROBERT GERLOFF RESIDENTIAL ARCHITECTS
By:
Its
CO-SIGNERS
Kristi Johnson Peter Musty
5
EXHIBIT A
22 January 1998
Barbara Dacy
Community Development Director
6431 University Avenue NE
Fridley, Minnesota 55432
Dear Barb:
Enclosed is the most recent revision to our proposal. The Town Planning component
is eliminated and the "real price estimates" is listed as an alternate.
The only fluid component of the proposal is the schedule will not start until the
contract is signed. Hence it now begins in January, though if the contract is not
signed until the end of February, that's when the schedule will kick in.
If you have any more questions, feel free to call. You can also e-mail me at
RobertGerloff@compuserve.com
Also if possible I'd tike to see a copy of the contract before the signing time. My fax
is on a dedicated line 927-7301.
Again, thanks for all your work on this-every day we get a little bit closer to actually
beginning!
Jk'~ely'
Robert Gerloff
4007 SHEBID&N AVENUE SOUTO MINNEAPOLIS, MINNESOTA 55410 VOICE: 612/927-5913 FAX: 612/927.7301 E-MAIL: CALL
SUBURBAN PLANBOOK PROPOSAL
1997 STARTUP TASKS: 12/1/97
August discuss !essons of Longfellow planbook w/consortium
~September prepare ~ submit qualifications
October attend ~alifications inten/iew
,November prepare & submit proposal
attend ?oposal meeting
negotiate fee and contract
1998
January benchmark #1: sign contract ~t0,000.00
February study hc,~sing in the consortium cities
meetin~j ~I: define wha~ house types to study
consort~,.m Co select specific houses & owners
coordinate software & tools internally
researc~ the history of post,~ar housing in the cities
cartoon t~e book and what information will go into it
design c~eiiminary book format
HOUSE TYPE ONE TASKS:
March conduct "case study" intee/ie,,s w/homeowners
April resear~ specific house & neighborhood
measure existing house & enter into ArchiCAD
meeting =2: discuss whac designs to do for the type
!brainstorm multiple design variations
meeting --3: informal schematic design mtg w/consultants
,~ir, now schematics down co 3 variations + site
enter designs into ArchiCAD
create f:,at drawings & sketches
(3 watercolors per house type plus plans, sketches, etc.)
write essay that ties ic all together
design rough draft of pages & write extra text
meeting =4: present rough draft to consortium
admir, is:ration, billings, payments
benchmark ~2: first design complete $12,500.00
4007 SHERIDAN AVENUE SOUTH MINNEAPOLIS, MINNESOTA 55410 VOICE: 612/927-591~ FAX: 612/927-7,T01 E-NAIL: CALL
blOUSE TYPE TWO TASKS:
May (services the same as with other ~ouse ty~es)
june meeting **5
meeting **6
meeting **7
benchmark ~3: second design complete $12,500.00
HOUSE TYPE THREE TASKS:
J,dy (serwces the same as with other 'ouse
August meeting **8
meeting **9
meeting *.10
benchmark ~4: second design complet~ $12,500.00
CLOSURE TASKS:
September mtg *.11 with consortium on "yellc,~, oages" content
write introduction, acknowledgeme~:s and index
write "how to use this book"
!copy edit & proof alt text
meeting Co discuss book design options
[additional seezice: prepare "real" ccst estimates]
refine overall layout & design
coordinate production of book '
meeting ,'12 turn over final book design to consortium.
(book is on a disk ready co print)
(consortiUm to have book printed)
Oc**ober? unveil the book at an event coordinated by Kristi
benchmark ~5: project completion $12,500.00
CORE CONTRACT TOTAL: $60,000.00
. SERVICES ADDITIONAL TO THE COP-,E CONTRACT:
one month prepare real cost estimates $3,000.00
price per house type by Paul Brugger is $1,000
total of three house types
o~e monr. h prepare a marketing ptan $2,500.00
how to price, distribute, press releases, etc.
by Kristi Johnson
c;,,o months ,write and design a marketing brochure $5,000.00
to entice people to purchase & use the book
by Kristi Johnson & Kristi Anderson
EXHIBIT B
RE~OLOTIQN NO. 116 - 1988
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~, ~~ or ~~i~; ~ ~ ~i~ p~-~o~ ~1 ~iza~on of
h~ ri~ wi~ ~e Ci~ ~ ~e ~t ~~ ~ law. ~ ~l~t ~s
~li~, ~e Ci~ of ~i~ey ~~ ~t ~ ~n ~ a~li~tion for,
~~y ~1~ ~, or a~ly~ for ~ ~i~ ~ ~e ~1~ of ~e Ci~
of ~i~ey will ~ ~id~ on ~e ~is of ~vi~,~] ~i~ ~ ~it,
wight ~~tion or favor. ~ ~~ of ~ ~li~, ~e Ci~ of
~i~ey ~li~ ~ ~f~tive ~ion Pi~, p~id~ for ~ ~~ fa-~r
~ ~table ~~t ~ ~1 ~-of ~lic ~l~t, ~b~ ~~on,
~tion, ~fi~, ~~ ~~ti~, p~tio~, ~f~, layoffs,
~ o~ ~, ~tio~, ~ privil~ of ~lo~t. ~e ~~ of ~
aff~tive a~ion ~li~ ~ ~i~t ~ ~~ ~ ~e ~~ of
eff~ive ~ ~~~ ~ ~1 ~ ~1~~ ~ ~ ~~ ~ of ~e
Ci~ of ~i~ey's ~~ ~.
Page 2 -ResolutionNo. 116 - 1988
Employees~ and applicants are protected_ f~- coercion, int/midation, interference,
[ "' or discrimination for filing a ccm~olaint or assisting in an investigation under
~he City of Fridley authorizes the City Manager to execute and implement the
document entitled "City of Fridley Affirmative Action Prugram" the original of
which is on file in the office of the Fridley city Manager and is incorporated
herein by reference. ~he City Manager is further authorized to appoint an
appropriate employee of the City of Fridley to manage the Equal Employment
Opportunity/Affirmative Action Program. Respons~ilities will include monitoring
all Equal Employment Opportunity activities and reporting the effectiveness of
this Affirmative Action Program, as re~j~ed by Federal, State and Local
agencies.
PASSED AND ADOPTED BY ~ CITY C~3NCIL OF ~E CITY OF FRIDLEY ~ 19TH ~%Y OF
~, 1988
EXHIBIT C
Brooklyn Park
Columbia Heights
Coon Rapids
Crystal
Fridley
Golden Valley
Hopkins
Maplewood
Mounds View
New Brighton
New Hope
Richfield
Robbinsdale
Roseviile
Shoreview
South St. Paul
St. Louis Park
White Bear Lal~e
EXHIBIT 2
Brooklyn Park
Columbia Heights
Coon Rapids
Crystal
Fridley
Golden Valley
Hopkins
Maplewood
Mounds View
New Brighton
New Hope
Richfield
Robbinsdale
Roseville
Shoreview
South St. Paul
St. Louis Park
White Bear Lake
EDA
, ~m REQUEST FOR ACTION ~
Originating Department Approved for Agenda Agenda Section
EDA
Community Development
Item No.
By: Kirk McDonald By: 5
RESOLUTION AUTHORIZING THE PRE AND EXECUTIVE DIRECTOR TO ENTER INTO A
REDEVELOPMENT CONTRACT WITH PROJECT FOR PRIDE IN LIVING,. INC. FOR FUNDING OF
BASS LAKE ROAD REDEVELOPMENT (IMPROVEMENT PROJECT NO. 614)
At the October 27, 1997, EDA meeting, a presentation was made by city staff and Project for Pride in
Living, Inc. regarding a concept proposal for the redevelopment of the multi-family dwellings located at
7302-7316 Bass Lake Road. The project involves the redevelopment of the eight four-plexes located at
the site and the construction of new townhomes. A total of 34 units would be created with 14 existing
units being rehabilitated and 20 new units being constructed. A variety of financing sources would be
utilized, including tax increment financing funds from the City. The EDA unanimously supported the
project and directed staff to proceed on the project with PPL. Since that time, a neighborhood meeting
has been conducted and several meetings with city staff have taken place.
The next step in the process is the approval of a Redevelopment Contract outlining the responsibilities of
the City and PPL. Said contract is necessary so that PPL can demonstrate the City's commitment to the
project to other funding agencies. The contract, which has been reviewed and revised by the City
Attorney, states that the City will have final approval on the plans.
The City Attorney will review the contract with the EDA and PPL will also be present at the meeting to
make a presentation and answer any questions the EDA may have. Also enclosed is a summary of the
Redevelopment Contract by PPL, a project bulletin and the most recent concept site plan that is being
sent to property owners in the area, a summary of the planning issues prepared by PPL in response to
the City's Planning Consultant's report. Lastly, a summary of the development agreement planning
issues and a report from the City's Planning Consultant are also attached.
Staff recommends approval of the resolution.
MOTION BY SECOND BY
/
Review: Administration: Finance:
RFA-O01
FEE)-06-98 F~:]' 15:02 P, 02/25
CoRmcz~ & SON~R,~.~, P.A.,
u ~v'~-.N ~ ~oN~ A~O~EY8 AT LAW
~N p. ~c~ ~25 ~dio~k C~8~g ~noN D. o~m~
Br~ P~k, Mi~ 55~3
February 6, 1998
Kirk McDonald
Management Asst.
City of New Hope
440I Xyion Avenue North
New Hope. MN 55428
RE: PPL Resolution and Redevelopment Contract for Bass Lake Road
Project
Our File No.' 99.11200
Dear Kirk:
Please find enclosed for consideration at the February 9, 1998 Council meeting a
proposed Redevelopment Conbact and a proposed Resolution Authorizing the
EDA's President and Executive Director to sign the Redevelopment Contract for
the Bass Lake Road Project.
Specifically, the documents will commit the EDA to finance approximately
$900.{:X)0 of the proposed $5,000,000 townhome development planned by PPL
for the Bass Lake Road area. Also, it will require ttte EDA to assist PPL in the
acquisition of property within the Project Area including implementation of
condemnation proceedings for property that cannot be acquired by direct
negotiation.
i have made several amendments to the Redevelopment Contract submitted by
PPL for our review. The amendments are indicated by the interlining and
underlining of vadous contract terms in the attached Redevelopment Contract.
The following changes were made:
1. On the first page of the Redevelopment Contract the reference to
the EDA was changed to reflect its proper title.
2. On page 5 of the contract i added language to Seotion 3.1 (a)
indicating the EDA will not be required to fund any portion of the
loan amount unless PPL has acquired all of the Project Area
FEB-06-98 FRI ~5:03 P. 03/25
Kirk MoDonald
February 6, 1998
Page 2
identified as "Under Contract" on Schedule A, has secured all
neces,~ary commitments for project financing, and has received all
approvals for their plans and construction plans. These various
terms are defined in the definition section of the contract..
3. Also on page 5 in Seotion 3.2(b), I have limited the EDA's obligation
to acquire property by eminent domain to only that property defined
as "Under Negotiations' as identified on Schedule A. In conneofion
with this same section on page 6, ! have also more clearly specified
that PPL will be required to reimburse the City for all property
acquisition costs subject to the increase on the loan amount set
forth in Seotion $.1 of the contract.
4. i have made changee to Article $ of the contraot regarding our loan
requirement an page 8. Specifically, ! have again indicated the
EDA will not need to fund the lean unless PPL can show it has
acquired all property under contract within the Project Area,
secured all of the nece, seary commitments for project financing, has
obtained all of the necessary approvals for plans and construction
plans and has entered into a loan agreement, mortgage note and
mortgage in a form mutually satisfactory te both pe~es, i have
also added to Sec=tion 5.1 a "not to exceed" loan amount. That
provision should be discussed by the EDA to determine the limit, if
any, it wants to set on this pmjeot, in Section 5.3 relating to
collateral, I have also added a requirement for a loan agreement
and mortgage note. I will prepare those documents and submit to
PPL in the immediate future.
5. On page 10 ! have added a subdivision (e) to Section 7.2 which
sets forth an additional remedy to the EDA if PPL goes into default
on the projecL Specifically. this would be our right to enforce the
remediee under the loan agreement which may or may not include
a requirement for repayment of the loan with interest. This is
~omething we need to negotiate further with PPL.
6. On page 1'2 ! have changed the signature line to refle~t the correot
name of the EDA and titles for officers. I have also added Dan
Donahue's name to subdivision (b) on page 12 regarding the
delivery of notices required by the Redevelopment Contract.
FEB-06-98 FRI 15:03 P, 04/25
Kirk McDonald
February 6, 1998
Page 3
if you have any questions about the Redevelopment Contract or the enclosed
Resolution, please contact me.
Very truly yours,
Steven A. Sondrall
slf3
En¢l~ures
cc: Daniel J. Donahue, City Manager
Lisa Kugler
FEB-06-98 FRI 15:03 P, 05/25
EDA RESOLUTION NO.
RESOLUTION AUTHORIZING THE PRESIDENT
AND EXECUTIVE DIRECTOR TO ENTER INTO A
REDEVELOPMENT CONTRACT WITH PROJECT FOR
PRIDE IN LIVING, INC. FOR FUNDING OF BASS LAKE ROAD
REDEVELOPMENT PROJECT
(PROJECT 614)
BE IT RESOLVED BY the Economic Development Auth~ in and for the
City of New Hope as follows:
WHEREAS, the Economic Development Authority in and for the City of
New Hope (EDA) was oreated pursuant to state law now codified as Minn.Stat.
§§ 460.001 through 469.047 (the "Act") and was author,.ed to transact business
and exercise its powers by a resolution of the City Council of the City of New
Hope, Minnesota ("City"); and
WHEREAS. in furtherance of the objectives of the Act, the EDA has
undertaken a program for the clearance and redevelopment of bligl~ted, vacant
and unused areas ot the City and in this connection is engaged in c, ar~Ting out a
redevelopment project as defined in Minn..Stat. {}469,002, Subcl. 12 (the
'Redevelopment Project"~; and
WHEREAS, as of the date of this Agreement there has been prepared and
approved by the EDA and the City Council pursuant to the Act a redevelopment
plan ~'or the Redevelopment Project area which inoludes property more fully
described in Schedu{e A attached hereto (the "Project Area"); and
WHEREAS, Proj.ect for'Pride in Living, Inc. (the "Redeveloper'~) has
proposed to redevelop the property included in the Proje~ Area subje~ to the
Redevelopment Plan and the Redeveloper has requested that the EDA provide
financial aid and assistance 'to such project; and
WHEREAS, the Redeveloper intends to constru~ and manage in the
Project Area twenty new three bedroom townhomes with atl:ached garages and
renovate the seven existing four-plexes into fourteen four bedroom townhome
units; and
WHEREAS, the EDA believes that redevelopment of the Project Area
pursuant to the Redevelopment's plan is in the best intorests of the City and
benefits the health, safetT, morals and welfare of its residents, and complies with
the applicable state and local laws and requirements under which the
Redevelopment Plan has been undertaken an(I is being assisted.
FEB-06-98 FEI 15:03 P, 06/25
NOW, THEREFORE, BE IT FURTHER RESOLVED by the Economic
Development Authority in and for the City of New Hope that:
1. That the President and Executive Director are hereby authorized to
enter into a Redevelopment Contract with Project for Pr'de in
Living, Inc. to assist in the financing of a redevelopment project to
construct twenty new three bedroom townhomes and to renovate
seven existing four-plexes into fourteen four-bedroom townhomes
within the Project Area identified on attached Schedule A.
2, That the Executive Director and his staff are further authorized to
take all necessary steps required to implement the terms and
conditions of the Redevelopment Contract, including acquisition of
land within the Project Area by Eminent Domain procedures
a~x~ording to the ton, ns of the Redevelopment Contract.
3. That the EDA shall loan the Project for Pride in Living, Inc. funds
not to exceed $.._ for the purpose of
completing the project in accordance with the terms of the
"-' ' Redevelopment Contract.
Dated: ..... 1998,
W. Peter Enck, Pr~s~ent '
Attest:
Daniel J. D~nahue,
Executive Director
' FEB-08-98 FRI 15:04 P. 07/25
$CHEIgL,~E A
?ROTECT A~.B_A_
The t~rop-~rty in l-Iennepirt County de~eelb~d aa:
~_n_d. e¢ C~m~rac.t:
7302, 7306, 7308, 7310, 7312 ~nd 731¢ l~a.~.~ L~ke Road
Un_der Ne_,__,otiation;
7304 I~ass L~k~ l'(oad
731~ Bass Lake Road
50uthu~n 327 feet of l~nd owned by School Oi~ric~ 2Sl
FEB-08-98 FRI 15:04 P, 08/25
REDEVELOPMENT CONTRACT
Thi~ Agreement is made as of , 1998, by and between
the N~/ :~O~C ECONOMIC DEVELOPMENT AUTHORITY ~n and for the City of
.C_o_r_p_o_r_aJLj_o~ (the "EDA") and PROJECT FOR PRIDE IN LIVING, INC,,
Minnesota non-profi~ corporation ("Redeveloper").
WtTNESSETH:
WHEREAS~ the EDA wa~ created pursuant to state l~w now
codified as Minnesota Statutes, Sections 469.OO1 through 4~9.O47
[the "Act") and was authorized to transact business and exercise
its powers by a resolution of the City Counci~ of the City of New
Hope, Minnesota ("C~ty"); and
WHEREAS, in furtherance of the objectives of the Act~ the Et)A
~as undertaken a program ~or the c~earance anQ reQeve~opment o~
blighted, vacant and unused areas of the City and in this
connection ia engaged in carrying out a redevelopment project as
defined ir~ Mirme~ula S'lalutes, Section 46~,OO2,.$ubdivision 1Z (the
"Redevelopment Pr0~ect"); ~nd
WHEREAS, ~s of the date of this Agreement there has been
prepsred end approved by the EDA and the City Counci~ pursuant to
the Act a redevelopment plan for the Redevelopment Project (the
"Redevelopment Plan"); and
WH~RFAR, th~ Redeveloper ha~ proposed to redevelop a portion
of the property included in the area subject to the Redevelopment
P~an (t~e "Project Area") and the ReQeve]oper has requested t~at
the EDA provided financial aid and assistance to such project; and
WHEREA$~ the EPA believes that redevelopment of the Project
Area pursuant to this Agreement is in the best interests of the
City and benefits the hea~th,, safety, morals ~nd well&re of its
residents, ~nd complies with the applicable state and local ~aws
end requirements under which the Redevelopment P~an haS peen
undertaken and is being assisted.
NOW, IHEHE~ORE, in consiQeration o~ the ?oregoingpremises and
the mutual obligations set forth in this Agreement, the parties
hereto hereby a~ree
ARTICLE 1.
Definitions
Section 1.1. Definitions. In this Agreement, un]ess different
meaning c~early ~pp~ars from the context:
1
F B-06-98 FRI 15:04 P, 09/25
"Act" means Minnesota Statutes, Sections 469.001 tflrough
469.047.
"Agceement" means tflis Agreement, as the same may De from t~me
to time modified, amended or supplemented.
"Cer'ti~'iCate Of completion" means a certificate in the form
attachad as Exhibit A, to be provided to Redeveloper pursuant to
t:hi~ Agreement.
"City" means the City of New Hope, Minnesota, a Minnesota
municipal corporation.
"Construction Pians" means detailed plans and speci:fication
for the renovation of the Project in the form required to be
submitled ~o ~he City prior to the issuenoe of ~ bui]din9 permit.
"Event of Default" means as set forth in Section 7.1 hereof,
"EOA" means the New Hope Economic Development Authority, a
pubTic body corporate and politic under the laws of the State of
~i nr~ot ~.
"Loan" means the loan to be made by the EDA to the Redeveloper
in accordance with Artic]e 5 hereof.
"Plans" means the concepl plur~s~ specifications, drawings and
retated documents for the Project which shall include a site survey
arid pier) of ~he ~roject Area; dimensioned site plan; grading And
drainage plan; utility pluns; landscaping plans; colored building;
eievations showing the ex[erior building treatments; and property
fence detai~ as the same may be submitted to and approved by the
E~A ~'~d the City.
"Project" r~ean~ the acquisition of the ~and &nd ex~sting
4mp¢ovements in the ~roject Area ~nd.re~ov~t4on thereof ~nto 24
rental townhouse uni'Ls and reluLed common ureas and site
~mprovements, a11 as further described ~n Schedule B attached to
~hi~ Agreement. The Project will proceed ~n accordance with
Ar'ti~le 3 hereof.
"Pro~ect Area" means the land legally described on ~chedule A
attached.
"Projec, Financing" me,ns f~nancing to he obtained by the
Redeveloper ~n order to pay the Costs of the Pro~e~t ~nclud~n9 the
Lo~n ~o be ma~e hereunder an~ additional financing to be obtained
from the ~nnesota Housing Finance Authority ("MHFA") in the
approx'imate amount of $1~330~oOO; the Fami]¥ Housing Fund ("FHF")
2
FEB-06-98 FRI 15:04 P, 10/25
'itl the ~ppr-oximate amount of ~340,000; the Minneapolis Public
Housing Authority ("MPHA") in the approximate amount of $1~300,000
through th~ tJAa of MHOP funds; and the proceeds of the sale of Low
~ncome HouSing Tax Credits to the National Equity Fund or another
put'creaser ~n ~he approximate amount o~ $1,500,000.
"Redeveloper" means Project for Pr~de in Living, Znc.~ a
Minnesot~ non profit cor'poraLion.
"Redevelopment Plan" means Redevelopment Plan o¢ the SBA which
relates to the Redevelopment Property,
"~ection" mean~ a Section of this Agreement, unless used in
reference to Minnesota Statutes.
"State" means the State of Minnesota.
"Unavoidable Delay" means a failure or delay in a party's
parrot'manes of its obt~9~tions under this Agreement, or during any
cure per~od specfffied in this Agreement which does not entail the
rner'e payment of money~ not within the party's reasonable control,
including but not ]1mired to acts of God, governmental agencies,
the other party, strikes, labor disputes (~xcept d~sputes which
~ould be resolved by using union labor), fire or other casualty, or
lack of materials.
ARTICLE 2
~.~r_.es_~eD.~.a~ons and Warranties
Section 2.1. B_X_..~.~. EDA makes the following representations
to Redeveloper:
(ay EDA is an economic development authority duly organized
~nd existing under Lhe l~ws of MinnesoL~. Under the pr'ovis~ons of
the Ac~, EDA has the power to enter into this Agreement and carry
out 4ts obligations hereunder.
(by The Redevelopment Project is a "redeveloPment project"
w~thin the meaning of the Act and was created, adopted and approved
ir~ accor'd~nce w~th the terms of the Act.
(c) The EDA has takers all actions necessary to make the Loan
~nd p~ov~de the additional assistance described in Articles 3 and
5 hereo~ and has funds available for such purposes.
Section 2.2. By Redeveiooer. Redeveloper represents and
w~rrants that:
FEB-06-@8 FRI 15:06 P. 11/25
(a)-Redeve]oper is a non profit corporation duly organized
and validly existing and in,good standing under the laws of the
8ta~e of Minnesota, has power' to enter into this Agreement, and by
proper corporate action has duly authorized the execution, delivery
arld performar~Ce of this Agreement.
(b) Redeveloper will, subject to acquisition of at1 the land
in ?ha Project Area; receipt Of a~l approvals required by the City;
receipt of the proceeds of the Project Financing; and Un~¥oid~ble
Deiays; commence construction of the Pro~ect within two years otter
the date hereof and complete the Projec, within two years after the
com~encement da~o in accordance with the terms of this A~reement.
(c) Redeveloper has received no notice or communication from
any 'Iota'i, state or federal official that the activities
Redeveloper, the City or EDA with respect to the Re~eve]opment
Property may De or wi]~ be ~n violation cT any environmenta] ~aw or
regu]ation_ R~dave]oper is aware of no facts the existence of
which wou]d cause it to be in violation of any ]ora], state or
~edera3 environmenta] ]aw, regulation or review procedure with
respect to the Redevelopment Property.
(d) Neither the execration or aelivery ct this Agreement, t~e
consummation of the transactions contemp]ated herein, nor the
fulfillment of or comp]iance with the terms and conditions of this
Agreement is prevented by, limited by, conflicts with~ or results
in a breach of, any restriction, agreement or instrument to which
~edave]oper i~ now a party or by whidh it is bound.
(e) The ReQeveloper wou]~ not undertake the Project but for
the ~inancial assistance being provided by the EPA hereunder.
(f) No member of the Nover'nin~ body of the (City or EDA or any
other officer of the C~ty ~nd EDA has any direct or ~ndirect
financial interest in the Redeveloper, the Redeve]opment Property
or' 'the Project,
ARTICLE 3
The
Section 3.1. Planning.
(a) ae~eve]oper sna]l submit to t~e EDA and the City plans and
specification for the project including without ~imitation the
P]ans and Construction Plan~. The EPA sh&l~ h~ve the right to
approve the Plans and Oonstruction P~ns, which approval shall not
be unreasonable wit~held and ~s to the Construction P]ans sha~] be
given so ]cng a~ the Construction Plans conform to the Plans~ the
terms of this Agreement and applicable codes and ordinances. The
FEB-06-98 FRI 15:05 P, 12/25
EDA acknowledges that the changes in the Pqans may be required
connection with obtaining Project Financing, The ~DA wilt
the Redeveloper in obtaining approval of the Plans and the
Construction Plans from the City and all other governmental
authorities having jurisdiction including, without limitation,
obtaining required rezoning, of the Project Area to R-3; replattin9
o¢ zhe Projec~ Area ~nto single lot; obtaining any conditional use
permits and variances required under City codes and ordinances, No
material change in the Project which shell be inconsistent with the
Plans shall be made after the Plans have been approved and prior to
the issuance of the Certificate of Completion without the prior
approval of the EDA. ~ffd~%e.].~e.r ~Ckn.o~.]..edges..~nd .agrees the ED~
~O_~..~.].....~L...~_.E~ui red to fund. any .portion of th9 _]o~n_ .ur~%ided.. by
Article 5 herein until the Redeveloper has acquired all of the
jz£g_~¢ct area identiyied e~ '*under contract" on Schedule A, has
secures all of the necessary commitments for project .fi.nanp~.~ a~
~!.:j:~.i_m_ng~.~y th_e E~6_and has ootained approval for ~11 Dlans and
.~.O~truction plans from all ~overnmental entitles with jurisdiction
~.~'......e~...~....~.~.~...~__ej{~rm.j_n_~ed bY t he EDA,
(b) No approval by the EDA shall relieve Redeveloper of the
obligation to comply with the terms of this Agreement, applicable
reder'al~ state ~r]d lo,at laws~ or'din~nces~ rules and reSulations,
No approval by that EDA shall constitute a waiver of an Event of
Default. Any disapprova3 of the Construction Plans shall set forth
the reasons therefor, and shall be made within 30 days after the
date ct their receipt by the EDA, If EDA rejects the Plans, in
whc~le or in part, Redeveloper ~hal] submit new or corrected Plans
within 30 days after written notification to Redeveloper of the
rejection. The provisions of this Section relating tO approval,
rejection and resubmission of corrected Plans shall continue to
~ppiy unti~ the Plans have been approved by EDA.
Section 3,2 &q.qu.isition..qf the..P~oje~t...A~ea,
(a) Redeveloper represents that it has Purchase Agreements for
each of t~e lots i~enti~ie~ on $cneaule A as being "un,er
contract". Redeveloper agrees to continue negotiation for the
acquisition of the remaining lotm identified on Schedule A am
· :ur~der' r~e~otiatior]", SuDject to receipt of approvals from the City
and the EDA; receipt of commitments for the Project Financing and
Unavoidable Delays, Redeveloper will use its best efforts to
complete the acquisition of the Project Area.
(b) ~f Redeveloper shall be unahl~ thro[Jgh private negotiation
to acquire all the Project Area "__u.~_er negotiat~_os" as identified
~j!._~edule A~ the EDA agrees to initiate 'action to conOemn or
otherwise acQui re the ~..ujo. dR..r~e~.o.,U_Q,~i_g.r~ areas not acqui red
FEB-06-98 FRI 15:0 P. 13/2
throush private nesotiation. ;,~ After condemnation .....~v '-----~'~-~r.,.,,~,
.th,e _.EPA, .shait, convey the condemned properties to Redeveloper
~,, ~A~ .... ~c-~r subject to p~yment by Redeveloper
_f.~J~9~.~_2 subject to receipt of the increased proceeds o~ the Loan
from the EDA in accordance w~th Section 5.1 hereof the ~edeve]oper
shall pa~ to the EDA ~ al~ cogts and expenses of any condemnation
proceedings including, but not limlted to, the amount of the fine]
award payable to the owners of the property conQemned, any
.C~.]_9~t~ cas~ a]~ f~s charged by th~ co~issioners appointed
~o de,er'mine the final award of..da~~ ....... ~]. appraisal fees,
expert witness and other witness ~ees anU ~ttorney's tees,
~e(.ieveloper acknowledges ~nd agrees the..EDA_~]] not b~ re_~ired
to initiate an% condemnation action for acquisition of property
~n~ii it i~ ~ati~fied ~ed~loper has commitments for all
financin~ necessary to complete the Pro~ect,
Seclion 3.3 Cor~slruction of the Proiect and Certificate of
~_mDletion.
ia) Sub~ect to acquis'ition of the Project Area; receipt of
necessary permits and approvals; and receipt o~ Pro~ect Financing,
Redeveloper sha~3 promptly begin the Project and diligently
prosecute the Project to completion, Redeveloper shal~ make
reports, in such ~etail and at such times as may reasonably De
requested by the EDA, as to the actual progress of Redeveloper with
respect to t~e Project. Ail work with respect to the portion of
the Pro~ect consisting of construction sbal~ be in
conformity with the Construction Plans approved by the EDA.
iD) Promptly after completion and 100~ occupancy of the
Project in accordance with this Agreement, Redeveloper will provide
the ~DA with a certificate in form satisfactory to the EDA executed
by the Redeve;oper certifying that the Project has been completed
in accordance with the Plans and the Construction P'lans~ and is
· i~O~ occupied. Upon receipt of such certificate and verification
of those facts, the EDA will furnish Redeveloper with an
~ppr'opr~ate cer~l'~ca[e o~ completion es conclusive violence 0f
satisfaction and termination of the agreements and covenants of
th~s Agreement with respect to the obligations of Redeveloper to
complete the Project.
(c) If the EPA shall refuse or fail to provide the Certific&te
of Completion, the EPA shall, within 1§ days after the Redeveloper
provides the certiticate reterenced in Section 3.3(b), provide
R~davelnper with a written ~tatem~nt ~pecifying in what respect~
Redeveloper has failed to complete the Project in accordance with
~iS Agreemenl, or.is otherwise in default, and what measures or
acts will be necessary, in the opinion of the EDA, for Redeveloper
to obtain the Certificate of Completion.
FEB-06-98 FRI 15]06 P, 14/25
(d) Not wi%hetanding the issuance of the Certificate of
Completion, Redeveloper shall continent to allow representatives of
the EDA to monitor arid inspect the Project during normal business
hours and after at least one business day notice, or earlier in the
case ~r emergency. Redeveloper shall also attempt to cause the
other providers of the Project Financing to a]low the EDA to
par~icipat~ in and receive the reports of ~uch provlder's
monitorin9 and inspection procedures.
ARTICLE 4
Defense of Claims
Section 4.1 Defense ~_~ ~.~j~. Redeveloper shall indemnify and
hold harmle~ the EDA and the City and their respective officers,
empiayees and agents for any loss, Qamages and expenses (including
attorneys' fees) in connection with any claims or proceedings
arisin~ from damags~ or injuries received or sustained by any
person or property by reason of any actions or omissions of
Redeve]oper or its contractors, agents, oflicers or employees or
arising out of or relating to this Agreement or the transactions
contemplated by this Agreement, other than ~laims or proceedings
arising from any negligent or unlawful acts or omissions of the
aDA, the Cily or their contractors, agentS, officers or employees,
arid in connection with any claims or proceedings related to payment
of relocation benefits to any person as a result of any
redevelopment of the Project Area by the Redeveloper. Promptly
~tter receipt by the EDA or City of notice of the oommenoement of
any action in respect of which indemnity may be sought against
~edeYeioper under this Section 4.1, such person will notify the
Redeveloper in writing, of the commencement thereof, and, subject
~o the provisions her'eif]aFler' stated, the Redeveloper shall assume
the defense of such action (including the employment of counsel,
who shal~ be counsel reasonably satisfactory to the EDA or City, as
~he ~u~e may be, an~ the payment or expenses) insofar as such
action shall relate to any atieged liability in respect of which
indemnity may be sought against the Redeveloper. The EDA or the
cigy ~h~il have the right to employ separate counsel in any such
aCtiOn and to participate in to defense [hereof~ but the fees and
~xpenses of such counsel shall not be at the expense of the
Redeveloper unless the employment of such counsel has been
~pe~iFicaliy authorized by the Redeveloper. The Redeveloper shall
not be liable to indemnify any person for any settlement of any
such action effected without its consent. The omission tn notify
the RedeYeloper as herein provided will not relieve it from any
liability which it may have to any indemnified party pursuant
hereto, otherwise than under this section.
7
FEB-06-98 FRI 15:06 P, 15/25
ARTICLE 6
The Loan
Section 5.1 The Loan. At such time. a.~ Redeveloper shall have
acqu~re~ the "under contract" land w~th~n the Project Area, .secured
..t.D..e_........n_.e_c_.es~s..a. ry commitments for. p.roj..ec.t ..financing, .Obtai ned the
.n__e_cessar~ a~orovats for ~he clans and
provided the loan a.~reement, moF.t.~a~e.__.~_o~_e__and mo~.t.gaQe ..required by
~...5..3 herein, the EDA she31 loan funds to the Redeveloper in the
amount of $900,000. If the amount paid or payable to the EDA by
re~son of condemnation of ~-~ the "under neaotiaton" land in
th_~e Project Are~ in accordance with Section 3.2(b) hereof is
greater than $250~000~ the amount of the Loan sha~3 be increased by
.~tJC. h e×C~..~.~1 but. not tO exceed $ The Loan shall be
w~thout ~nte~est and shall be advance by the EDA based upon draw
reques[s from the Redeveloper as work progresses. The proceeds of
the Loan shall be used by the Redeveloper to pay or reimburse
Redeveloper for costs related to the Project ~nclud~ng w~thout
l~m~Lat~or~s l~nd ~cqu~s~L~Orl costs, architects and engineers' fees
snd the cost of construction of the Project. EBA acknowledges and
agree9 that the proceeds of the Loan m~ at the request
Redeveloper be advanced prior to the proceeds o~ any othe~ Project
F~nanc~ng. EDA shall receive cop~es from RedeVeloper of all draw
requests for ~dvsnces of P~oject F~nanc~ng whether from the Loan
from other sources. Representatlves O~ the EDA shall be notified of
a31 construction draw meetings and ~nspections snd be entitled
attend the same.
Section ~,2 ~Q.8. 6DA acknowiedPes thst ~t ~s ant~c~paTe~
that aDOFox~mately 12 of .the un,ts ~n the Project w~11 be
deeS~n~ted as unSt~ h~v~n9 the benefit o~ ~n~nc~n~ ~rom the
Metropolitan Hous~n~ Opportun~t~ Program ("MHOP"'). P~rt~c~pat~on
~n the MHOP requires that at least 70~, of the MHOP un,ts be f~rst
o~fered ~o¢ occupan¢~ to qualified persons on the w~t~ng l~st
m~ntaSned by the MPHA and the rema{n~ng 30~ o~ the MHOP un,ts be
offered for occupancy to qualified persons on a wa~ting l~st
maSn~aSned by the EDA. EDA agrees to create and ma~n~s~n such a
w~t~n9 l~st ~n accordance w~th MHOP requirements, MHOP un,ts
~lso be subject to a p~ogram of payments ~n l~eu of taxes
fo~ a oer~od of forty years. The P~LOT program requires the real
estate taxes ~ttr~butabte to MHOP un{t~ to be an amount no 9rearer
than 5~, o'r Lhe ~ppr'oved Lenant ren[s for the MHOP un~ts. EDA
agrees to ab~de by the MHOP reau~rements and to assist the
Redeveloper ~n obtaining approval of the P~LOT program.
Redeveloper shall gr~t tc also enter ~nto a loan
E~r)~;:~ ~e not~_.~rj.g~.g~.~.~j.g.¢__~_t.b t he EDA ~r~ to secure t he
loan sgainst the Redeveloper's interest in the Project,; ,,high The
mortgage shall be subject ~nd subordinate to the rights of the
FEB-06-98 FRI 15:07 P, 18/26
other' proviQers Of Project Financing. The loan agreement, mortgage
not~ and mortgage shall be in such form as shall be approved by the
EPA and the Redovo'ioper,
Section 5.4 Sa[i'sfaction. Upon issuance of that Certificate
of Comp3etion, the Loan shall be deemed paid, the EDA sha]] satisfy
of re~;ord the mortgage and any other security interests it receives
and She3] re]ease the Redeve]oper of a]] further obligation under
this Agreement.
ARTICLE 6
Prohibition on Transfer ~r A~siQnment
Section O.'t T.?~?~fer or Assignment of Aareement. PriOr to the
issuance of the Certificate of Comp]etlon, this Agreement may not
be transferred or assigned by the Redeveloper without the prior
written consent o~ the EDA, except to a ]imiled liability company
or partnership in which Redeveloper ~s a member or partner,
A~TICLE 7
E~._~...~e~au.!t
Section 7,t Events of Default. The following sha3] be "Events
of De~au3t" unQer this Agreement and the term "Event of Default"
sha]] mean, whenever it is used Agreement (un]e~ the context
otherwise provides), any one or more of the following events which
occurs and continues for more than 30 days after not,ce by the EPA
~0 ~edeve]oper of such default (and the term "defau]t" sha33 mean
Shy event which would with the passage of time or Qiving of notice,
~:~r bo'~:h, be an "Event of De~u]t" hereunder):
(a) Failure of Redeve]oper to complete the Project as required
hereunder.
(b) Failure of Redeveloper to observe and perform any other
covenant, condition~ ob]igation or agreement on its part to be
observed or' per'~ormed he~'eunQer.
(c) ~f Redeveloper shal] admit in writing, its inabi3ity, to
pay its debts generally as they become due, or sh~l] file a
petition in bankruptcy, or shall make.an assignment for t~e benefit
of its creditors, or sha3] consent to the appointment of a receiver
of itse3f or of the who]e or any substantial part of the
Redevelopment Property.
Section 7.2 Remedie~ on ~efau]t. WheneVer any Event of
D~fau]L r~Fer'red lo in Section 7.1 occurs~ the ~DA m&y take any one
or more Of the fo]lowing actions:
9
FEB-06-98 FRI 15:07 P, 17/25
(a) Suspend its performance under this Agreement until it
receives assurances from Redeveloper deemed adequate by the EDA,
that Redeveloper will cure ~ts default and continue its performance
under this Agreement.
(b) Tar'minute ali rights of Redeveloper under this Agreement.
(c) Withhold th~ Certificate of Completion.
(d) Take whatever action at law or in equity may appear
necessary or desirab-~e to the EDA to enforce performance and
observance of any obligation, agreement, or covenant of the
Redeveloper under this Agreement and/or to foreclose the Mortgage
received by the EDA subject to the rights pt the other providers pt
the Project Financing.
(e) Enforce ail rights and remedies ..P.E~vi~e~_bY....the loan
.a,g.~A~.[Dt and mortg~_g_e sqAject to all rights of the providers of
eroiec[ 'f i nancin~,
tn the event any action is commenced against the Redeveloper
by the EDA or the City upon the occurrence of an Event of Default,
~he p~rty commencing such action shall be entitled to recover costa
ara expenses of such action ~ncluding reasonab]e attorneys fees
· ~rom the Redeveloper_
SeCtiOn 7,3 NO Remedy Exclusive. No remedy herein conferred
upon or reserved to the EDA ~s intended to be exclusive of any
other available remedy or remedies, but each and every euch remedy
shall be cumulative and'uhall be ir~ ~ddilion lo every other remedy
given under this Agreement or now or hereafter existing at ]aw or
in equity or by statute. No delay or omission to exercise any
ri~h~ or power accruing upon any default shall impair any such
right or power car shall be construed to be a waiver thereof, but
any such right and power may be exercised from time to time and as
often as may be deemed expedient. ~n order to entitle the EDA or
Redeve}oper to exercise any remedy reserved to it~ it shall not be
necessary to give notice, other than such notice as may be required
under this Agreement.
Section 7.4 ~Y~F~. A]] waivers by the EDA, sha~l be ~n
writing. [f any provision of this Agreement ~s breached by either
part~ and thereafter' waived by the other part¥~ such waiver sh~11
be ~imited to the particular breach so waived and shal~ not be
deemed to w~ive arty o'~her concurrent, previous or subsequent breach
hereunder.
10
FEB-08-98 FRI 15:07 P. 18/25
ARTICLE 8
Additional Provisions
Section a.l Conflict 9f Interests: EDA and
~.~]'eser~t~ive~ Not [rld~_viq.y~].~.~. Liable. NO member, official,
employee, or consultant or employees of the consultants of the ED!N
or the City shall have any personal interest, direct or indirect,
in '~his Agreement, nor shall any such member~ official, consultant
<'~r' the consuitant'~ employees or employee participate in any
decision relating to this Agreement which affects his or her
personal interests or the interests Of any corporation,
partnership, or association in which he or she is Qirectly or
indirectly interested. No member, official, c~nsultent or the
consultant's employees, or employee of the EDA or the City shall be
personally liable to Redeveloper, or any successor in interest, in
the event of any default or breach by the EPA or the City or for
any amount which may become due to Redeveloper or successor or on
any obligations under the terms of this Agreement.
Section 8.2 ~..cl.u_~]__...~D.]..o__~..~ Opportunity. Redeveloper, for
itself and its successors and assigns, a~rees that durin~ the
construction of the Project it will comply with any applicable
a~firmative action and nondiscrimination 3aws or regulations.
Se~lion 8.3 Reslr'ictions on Use. Redeveloper agrees
itself, and its successors ~nd assigns, that Redeveloper, and such
successors and assigns, shall not discriminate upon the basis of
r~ce, color~ creed, sex or n~tion~l ori$in in the sale, lease, or
rentai or in the use or occupancy of the Redevelopment Property or
any improvem~n,~ erected or to be erected thereon~ or any part
t~ereof,
Section 8.4 Titles of ArtiG~..~s and ~ction$. Any titles of
the several parts, Articles, and Sections of this A~reement ~re
inset%sO ~or convenience ct reference only an~ shall De Oisregarded
in construing or interpreting any of its provisions.
~ec%ion 8,§ No%ices and D._~r~._d.~. Ex~ept ~s otherwise expressly
provided in this Agreement, a notice, demand, or other
co~mun~cation under this Agreement by either p&rty to the other
shall be sufficiently siren or delivered if it is dispatched by
registered or certified mail, postage prepaid, return receipt
requested, or delivered personally as follows:
(a) in the case ct Hedeveloper, adoressed to or Qe'iivered
personally to Redeveloper at:
~51~ Chic~o Avenue South
Minneapolis, Minnesota 55404
Attention: ~resident
11
FEB-06-g8 FRI 16:08 P. 19/25
With copy to;
Lisa Kugler
4737 Garfield Avenue ~outh
Minneapolis~ Minnesota 55409
(b) in the case of the FDA, addressed or delivered personally
to the EDA at:
~,a. jlj..e.]. J. Donahue, Execut ive Di rector
New Hope EPA
4401 Xylon Avenue North
New Hope, Minnesota 55428
With copy to:
Steven A. Sondr'a~l
Oorrick & Sondrall, P,A,
Edinburgh Executive O?tice Plaza
8525 Edinbrook Crossing., Suite 203
Brooklyn Park, Minnesota 55443
or at such other address zenith respect to any such party as that
party tel&y, from time to time, designate in writing and forward to
the other parties as provided in this Section.
~ection 8.6 Counterparts. This Agreement i~ executed in any
number of counterparts~ each of which shall constitute one and the
same i ns1: rument .
tN WITNESS WIIERCOF, the parties have caused thi's A~reement to
be duly executed as of the date first above written,
D.~','ELCP~,t~- ::T A:JT: ',C,~,: TY
THE ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF NEW HOP~
By
Its e~t~~ President
By
Its ~ Executive Director
PROJECT FOR PRIDE IN LIVING, INC.
By
Its Preei dent
FEB-06-98 FRI 15:08 ?,20/25
SCHEDULE A
PROJECT AREA
The property in Hennepin County described as:
_..Und_er" Co,,nt tact:
7302, 7306, 7308, 7310, 7312 and 731& Ba~s Lake Road
7304 Bass Lake Road
7316 Eag~ Lake Rosd
Southern 327 feet of land owned by School district 881
FEB-06-98 FRI 15:08 P, 21/25
SCHEDULE B
PROJECT DESCRIPTION
1. Number and Description of Units
Number ! Construction I Bedrooms Baths Type Size Number
of Unit~ ~ Type sq ft of
I units
t ' per
............................ ~ ............................................... ) ...................... 1-- ........................... ] ....................... ~ ......................
14 re~abilitatM ~"
t f0urplex ~ ~ ' Z 2 1 ~ 700
' , bedrooms ful 1 story
, new ~ 3 1.B 2 1,200
~ construction ~ bedro~s .l story
TOTAL' j j 1 Z
34 un~ts ~ ~ ' bldgs.
After submission of the funding applications, the total number of
unit~ ~nd number MHOP units are subject to negotiation with the
Minnesota Housing Pinance Agency, Minneapolis Public Financing
Authority and Department of Hou.~ing arid Urban Development and are
thus ~ubject to change.
2, Rents and Occupancy
· ~ I Market Rate .... ! MHOP TOTAL
.r~..
il
ii 4 bedroom ~ a ] 6 14
Ii Rehabi I itat'ion
Ji 3 bedroom t 14 0 20
~i~ Rehabi t itation
iJ TOTAL:
FEB-06-98 FRI 15:08 P, 22/25
Type Rent In¢ludinQ Rent OGcupancy
~ tenant uti]ity Restriction Restriction
. al lowan~e
M~rket Rate ' S745 - 3 bed 80~ of 50% of initial income
~ median income below 50~ of
' 1st 5 years, median,
, then 60~ currently at
~ ~0,~50 (1996)
, , 60~ of median
curr~nt ]y
~7,140
~Hop ~ ~0~ of t~nant not ~pp]icabl~ 8 unit~
income in~tial ly
~ offer to
M~ nneapOl i s
r~si dents;
reserveQ for
New Hope
FEB-06-98 FBI 15:08 ?,23/25
Site Plan
A tottot with play equipment will be included in
courtyard area.
Creating decks above the four-plex garages is .being
explored.
t PPL will have on-site staff and an on-site office.
A wood or wrought iron (baaed on cost consideration)
fence ~nd landscaping will separate access drive from
adjacent backyards,
Breckenridge Group Home will remain; PPi. will provide
landscaping and exterior improvements to match building
to others.
4. Proposed Project Financing
i Lender/Investor t Terms
Type I I .............
I First MorTgage i Minneso~a Housing 16.9~ 24 year term
i Finance Agency
i Second Mortgage I Minnesota Housing 1~, 30 year term,
i Finance Agency interest &
! payments de?erred
years
I
i Third Mortgage I Family Housing Fund 1~, 30 ~esr term,
I interest &
i payment s daf~rr~d
i for 80 year,
Fourth Mortgage ~city of New Hope 9rant after
~ sat i sfactory
Equity Investor J National Equity Fund Purchase of ~ow
~ income housi n9
tax credits
.......... - ........... ~ ................................. _ . ,,.. , , . ~ ,. _
FEB-06-98 FRI 15:08 P. 24/25
EXHIBIT A
~RTIFICATE OF COMPLETION
WHEREAS, the Property describe~ on ExhiDit I attached hereto
and made a part hereof (the "PropertY") ~s subject to the
prov{s~ons of a certain Redevelopment Agreement (the "Agreement")
dated 1998 by and between Project for Pride
In Living. linc. (the "Deve]oper") and the Ne~ Economic
Development Authority in and for the City of New Hope, a M~nnesota
MuniciPal CoFporatioD (the "EDA"); end
WHEREAS~ the Developer has fully and duly performed all of the
covenants ~nd cor]ditions of the Developer under the Agreement with
respect to the completion of the Pro,eot (as defined in the
Agreement);
NOW, 'iH~HEPOHE, it is hereby certified ~ha% all requirements
of the Developer under the Agreement with respect to the completion
of the Pro~ect have been completed and duly and fully performed~
and t~is instrument qS tO be conclusive evidence of the
satis?actory termination of the covenants and conditions of the
Agreement ee they relate to the oompletlon of the Project. AIq
other covenants and conditions of the Agreement shall remain in
effect and are not terminated hereby.
Dated th~s day of ~ 1998.
""'" '"'"*" ECONOMIC
DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF NEW HOPE
][ts Oh.,~-'rm=n President
By
Tts ~ Exe__.._cutive
Di _rector
FEB-06-98 FRI 15:09 P, 25/25
STATE OF MINNESOTA )
) ss
COUNTY OF )
The foregoin9 instrument was acknowledged before me this
day of 1998, by ~ ~
~r'___e.~.~..~D!, and _, ~,.~,.t~e~,~ Executive
.~!.~ector, of the New-He¢~ Economic Development Authority ~f in ~nd
for t.he Ci't~. of New N~pe, Minnesota, ~ Mu~icip_~...CorporatiO~ o~
.behag¢ of th.e Corpor~A{on,
Notary Public
This Instrument Wus Drafted By:
DOR~Y & WHITNEY LLF (RJS)
Pillsbury Center South
220 South Sixth Street
M~nneapolls, M~nnesota ~5402
," SUMMARY OF REDEVELOPMENT CONTRACT
BETWEEN PROJECT FOR PRIDE IN LIVING (PPL)AND
NEW HOPE'EDA
ED,A agre~s to make a loan of'up to $900,000 tO. PPI, for the Bass Lake Road redevelopment .
project s~ured by a mort~e on th~ property;, .the mortgage will be satisfied when th~ pSoj~ot is
complgte and 100% occupied. PPL a~'ees to aoquire the land.and construct the project in,.
accordance with plans approved by the City..and the EiDA.
.' ..
1.. iu~ority . "'. , ..
make the loan. PPL represents tl~_st_' it has the ~authority to enter into the agreement and to ·
proceed with the projec~ subject to a0qui~.' 'on of tho land, Ciw approvals and project
tnancins. '.
2.. Hah Approv~! .' .'.
EDA and ~ City have the riglg ~o approval cozmm~o~s plans, includins approv~,l, of'.
any changes required by other lender.
3. City Approvals · '. .
PPL will rezone the emire property.~ R,3.~ replat the e~tire site, obtain comf_~ional~use
permits or variances as required.
4, Property Acquj~tion
PPL has corm'ol of 6 four-plex properties and is 'm negotiation for the o~her 3 prop!~'es.
If. negotiations fail, the EDA a~rees to ~ condemnation or to otherwise acquir~ the
Ia'Opertics and transfer them to PPL..The co~ o~.condenmadon will be a project co~ and ..
may increase the amount of the loan, if above a budggred amount of S250~000. ~ ...
5. .L~ Terms ' "'. '
will bo satiafiexi when con,muctionis s,slisfacton3y, completed and the project is 100% "'
ocli. Loan funds may be r~ by P. PL as th~ first funds spent in the.proj ,ect.
6. Moaigoriag of the Project - Duri~ Coamrucflon
PPL will provide the EDA with..copi~.of al!. payment requests from aU funami~ sources
durin8 comtmctiou and with notice ami. the risht to att.,~._ all constmcdon draw meetings -.
· 7. Monitoring of ~e Proje,:t = iJ'~r O~cy . '
PPL will give the EDA the riEl~ to ~ the properties upon 24 hours notice except in
· ' an emersency, PPL will request duU tl~ other, project I~a_ers: allow the FDA ~o
p.~icipat¢ in and receive repons of their monitoring ~ inspection procexiures,
8.... M.f,u. oPenun Ho~n~ OpporUnmes Irop'n,t'~O~ "~
~o~g ~ ~ ~d ~ (~) ~ ~ ~ ~ on a ~ u~ ~ ~
. ~~~~ ~o~~~.~~~to ~%
9. ~tS by PPL ~ ~A ~
~t by PPL is d~ ~ ~ ~ ~p~ ~ ~j~ ~e to ~mp~ ~ffi .
d~a~t ~ ~t re~ ~hi~ ~0 ~ ~ p~ is.~m no~ ~ ~A'~Y'~ ~
~o~ (~p pa~ mo~ or ~ ~ov~), t~ t~ r~o~t..
~ 1~1 ~fion. PPL ~ ~.~.. ~ ~ ~. . ~ in~lu~ r~l~ !~ f~.
~y ~ ~ ~ ~e 3~,~..... i
'
" 'To~ Co~ of~op~ Co~ ~ 5,352,~"
'.
"
'i
PROJECT NO. 614
Bulletin #1 ',
Project for Pride in Living (PPL}
Bass Lake Road HOusing Development
Overview
This is to inform you about the progress of the Project for Pride in Living (PPL) Bass Lake Road
housing development. The development is on schedule and will be submitting applications in
mid-February for mortgage funds.
PPL has proposed to renovate the four-plexes into two unit, two-story buildings, for a total of 14
four-bedroom units. Breckenridge will remain as the occupant of the eighth four-plex. A new
garage would be built between each four-plex. Twenty three-bedroom townhouses would be
built at both the north and south ends of the site. These would have tuck-under garages.
Thirty-four units would be created: 14 rehabilitated and 20 new. There are 28 units on the site
right now. Initially, eight of the units would be reserved for families on the Minneapolis Public
Housing waiting list and four units would be for families on the .New Hope waiting list. These
twelve units would consist of six three-bedroom and six four-bedroom units. Rent for the market
rate units will be approximately $660 for the three-bedroom and $740 for the four-bedroom, with
tenants paying their own utilities. Two handicapped accessible units would also be created. The
plan is to begin construction this fall and be finished in the spring of 1999.
In December, PPL hosted a tour of buildings this nonprofit corporation has built and is
managing, followed by a lunch and a discussion with the project architect. Another design
meeting with the neighbors will be held this spring.
Site Plan
There has been one minor change in the concept site plan, which is attached. Due to the need
to maintain two ways to enter and exit the site, the office building land has been excluded
because it is located on the west side of the ddve. In addition, clustering the townhouses in this
way allows for joint garages for each cluster, which reduces the amount of pavement needed
for driveways and increases the lawn.
A new storm sewer will serve the site, which should eliminate problems adjoining neighbors
have had with runoff from these buildings.
Contact Person
For more information contact:
Chris Wilson, PPL Project Manager 874-3314
Steve Cramer, PPL Executive Director 874-8511
Lisa Kugler, PPL Development Consultant 827-2189
City of New Hope
4401 Xylon Avenue North
New Hope, MN 55428
531-5100
2/6/98
FEB- 3-98 TUE 16:13 PPL HOu~IaG/~VL FaX NO, 6128728995 P, 04/04
TO: Kirk McDonald, City of New. Hope 'Uin.~eevo~
~ ~ler, for PPL
RE: PPL Bass Lake Road Project.. ~ D~elopmen~ Requirements . .
'DATE:! February ~,
What follows is our understanding of the development.appLication and design standards we need.
to meet ~'or this project, based on the memo from Alan Brix~,
DEVEI~OPMENT APPLICATIONS : "
l. P, ezoning - PPL will apply for a r '.ez0ninS' c~fthe entire s/re to 1~.-3.
2. Sub&vision - PPI, will replat the s/re as i sin~e
~. Conditional Use/Planned Uni~ DevelOpment i PP1 w/Il apply for a conditional use for the
t0wnhouse~. "
4. yazianc~s from PUD St~ndard~ ~
DESIGN ISSUES ..
1. Density- PPL assumes the concept'plan dens~ is acceptable (9.7 units/acre).
2. Common Open Space - this requirement ,can.be met by the current plan.
3. Underground Utilities - this require..~ m0.~t likely be meg but will require some
will be bu~ in t~ ~ownhou,~. b, Sewer. connocfior~ - will mee~ code requireme~. ..
~. l~rivaze roadways - ~ Width - proposed r. ,o~., ~ is 2~ feez wide, with paving ~nd' curbi~.,
b. CLrculation for large ami emergeaoy, vehiol" - ,ce proposed plan for ,olutkrn. o. '"
l~rkiag prohibition - driveways aad fpu~-- will'acco~e parking on site.'
6. 9, UD Setbacks.
b. Height Abuning R-1 ami R-2 - vazianc~ will be required for townhouse~ or~ north edge
: of property, which abu~ vaCam land.:
o. Setback, front - variance will be required:
d. Building separation - variance will be .required~
aJ l~rontase - can be met.
b. Dwelting Unit - no accessory uses are proposed.
(6l~J 827-21~9'
fax 82/.86~
Febnm'y 5, 19~
c. Heil~,ht ~ proposed townhouses are not more than two stories completely above ground~' . .~ ' ..
d. Number of Units and Building Length - ~'urmnt site plan does not propose, any one ..
building with more than ~iX uni~,. . ..
e, Open Space -' open space requirement is met.
S. Site Drainase .
A storm sewer is being prop0~ed as pan of project co'nstn~on. It is my understanding"
tha~ PPL's engineer has been in contact .vith New Hope and Crystal City insineers. "
We look forward to providing you with & compl.ete al~plication for the City's review in
comong raontl~. Thank you for your assistant., i.'
CC: Steve Crnmer
Chris Wilson '
Bob Lurming '.
MEMORANDUM
TO: Kirk McDonald
FROM: Alan Brixlus
DATE: 4 December 1997
RE: New Hope - Project for Pride in LNing
FILE NO: 131.01 - 97.05
BACKGROUND
On 25 November 1997, City staff met with a group from Project for Pdde in Living to
discuss a pmpcaal to redevelop two commercial properties and a group of multiple family
dwellings at 7203-7316 Bass Lake Road. To facilitate this redevelopment effort, the
following development application and design issues were discussed.
DEVELOPMENT APPMCATION8
1. Rezoning. The proposed redevelopment area consists of three separate zoning
classifications (R-3, R-O, and B-3). Both the R-O and R-3 zoning allow townhomes
as a conditional use/planned unit developmenL The B-4 Zoning District does not
allow for residential lend uses. A zoning change to a R-3 zoning classification is
recommended for the entire redevelopment site.
2. Subdlvl~ion. The site consists of three separate lots. Based on the meeting
d~ the~ lots have not been platted. In conjunction with the redevelopment
request, the site should be platted as a single lot. The subdivision should be
coord~ with Hennepin County to insure proper street right-of-way is dedicated
along Bass Lake Road.
3. Conditional Uee/Planned Unit Development. Within the R-3 Zoning District,
townhouees are a conditional use permit that must comply with Section 4.19,
Planned Unit DevelOpment requirements of the New Hope Zoning Ordinance,
5775 WAYZATA BOUI-~'V,A. RO, SUITE. 555 ST. LOUIS PARK, MINNESOTA
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4. Variance. In review of the submiffed concept plan, a number of variances from
PUD standards have been identified. The areas where variancee are needed are
described in latter port. ions of this report.
8UBMI~.qlON REQUIREMENTS
To date, the City has received only a concel:~ drawing of the redevelopment site. With the
development application, the following plans must be provided.
1. Site survey and plat of the entire redevelopment site.
2. Dimensioned site plan.
3. Grading and drainage plan.
4. Utility plans.
5. Landscaping plans.
6. Colored building elevations showing the exterior building treatments.
7. Property fence detail.
DESIGN ISSUES
Review of the submitted concept plan raise the following issues with regard to the City's
zoning performance standards:
1. ~. The New Hope PUD ~standards allow the project density to be negotiated
and agreed upon between the applicant and the City.
2. Common Open Spare. The site must provide the COnlrnon open space at least
sufficient to meet minimum standards of the City Code.
Section 4.193(5)(e) of.the New Hope Zoning Ordinance requires 400 square feet
of usable open space per townhome unit. Based on a unit count of 34 dwellings,
the project must provide 11,600 square feet of u~able open space. The center
court may satisfy the requirement, however, it should be verified.
3. Underground Utili'dea. In any PUD, all utilities, including but not limited to
teleldl~3~, electricity, ga~ and cable television shall be installed underground.
4. Utility Connectlorm.
a. Water Connections. Where mom than one property is served from the same
service line, a shut off valve must be located in such a way that each unit's
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servicemay be shut off and secured by the City, in addition to the normally
supplied ~ut off at the street.
b. Sewer Connections. Where more than one'unit is served by a sanitary
~ larval which exceeds 300 feet in length, provision mu~t be m~t~ for
a manhole to allow adequate cleaning and maintenance.of the lateral. All
maintenance and cleaning shall be the responsibility of the property owners
association or owner.
5. Private Roadways. Private roadways are allowed through the PUD provided:
a. The roadways have a paved width of 25 feet or more. The roadways and
parking areas must be constructed with bituminous paving and concrete
curbing,
b. The private roadway system must provide prol3er circulation for ia'ge trucks
and emergency vehicles. The applicant should illustrate how the' looped
private street will accommodate large truck maneuvering in the northern end
of the site.
c. Parking will be prohibited on the pdvate streets,
6. PUD Setl3aeka. The following setbacks are applicable within a residential PUD:
a. Setback, Pedplle~, The front and side yard restrictions at the periphery of
the planned unit development site at a-minimum shall be the same as
imposed in the respective diatric~.
b. Height Abutting R-1 and R-2. No building shall be nearer than its building
height to the rear or side property Ilne when such line abuts an R-l or R-2
Dia~I'ict.
c, Setbed<. Front 'No building shall be located less than 15 feet from the beck
of the curb line along those roadways which are part of the internal street
d. Building Separation. No building within the project Shell be nearer to
another building 'than one-half the sum of the building heights of the two
buildings.
The concept Plan aJgge~ that most of the setbacks will be met with the exception
of the required setbacks between buildings. A variance from this setback will be
required.
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595 glUT? P,~,~&4
7. laUD Tovmlmme Performmlce Standan~e~, The following design standards are
applicable specifically to a townhome development:
a. Frontage. Minimum unit lot frontage for townhouaes shall be not less than
20 feet.
b. Dwelling Unit. Dwelling unit and accessory use requirements are in
compliance with the diatrlct provisions in which the development is planned.
c. Height. A townhouse shall have not more than two stories completely
above ground.
d. Number of Units and Building Length. A structure containing a townhouse
shall have throe to six dwelling units with no single wall greater than 80 feet
in length without an ofr~et of ten feet or mom, or an angle of 22.5 degrees
or more.
e. Open 8pace. Townhouae projects shall have a useable open space area
equal to 400 square feet per unit.
In review of the concept plan, a variance'will be required from provision d. above.
The concept plan shows a townh~ building containing ten units.
8. Site Drainage. Site drainage is an existing, problem for the site and adjoining
propertie~. The solution of the drainage concerns will likely require the cooperative
effort between the applicant and bom the Cities of New Hope and Crystal.
CONCLUSION
This report ia intended to serve as a technical evaluation of the proposed concept plan in
relation to the City Zoning Ordinance. This is intended to assist in Identifying elements
that will require further attention in completing the appmpri~, e development applications.
In review of the 10ropoaed concapt plan, we am excited at the prospect of redeveloping the
prdelem are~ of the City.
pc: Doug 8andstad
Steve $ondmll
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TOTAL P.04