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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 aESOLu~ON OF ~ ~ ~ ~~ ~, ~e Ci~ of ~i~y Ci~ ~il a~l~ ~t ~ ~~~ ~l~t for ~1 ~~ ~ a ~~ h~ ~ue~ ~ ~, ~e Ci~ of ~i~ d~ p~ ~ ~ge ~1 ~i~tion of h~ ri~ wi~ Ci~ ~l~t; ~ .. ~, ~e ~ of ~~, d~l~ ~t ~ifici~ ~i~ ~ ~l~t, ~,~nt ~ M.S. 363.03, ~ ~a~ ~~~ p~i~; ~ ~, ~ ~e ~ ~ ~ ~, ~i~ 363.073, ~~ or f~ ~ (a) ~ve ~ ~ 20 ~l-t~ ~1~ ~~ at ~y t~ ~ ~e p~i~ ~ ~, ~ (b) bid on ~ ~n~ for g~ ~ ~i~ ~ ~ of $50,000~= ~ve a ~ifi~ of ~li~ ~ ~ ~e ~~io~ of ~ ~~t of ~ ~. ~ifi~ ~ ~ ~ ~~ or f~ ~t ~ve ~ ~f~ve ~ion Pi~ ~~ ~ ~e ~~io~ of ~e ~~ ~t of ~ ~ for ~ ~l~t of ~riti~, ~ ~ ~1~ ~~; ~ ~, ~e Ci~ of ~i~ey ~~ ~ ~o~ F~ ~it ~ pr~ipl~ ~ ~~ ~ ~~ ~t ~1 ~~ of ~ie~ ~ve ~ ~~~ ~ ~ ~lic ~i~ on ~e ~ of ~ ~tition ~ a~ a~~ ~ ~vi~] ~i~. ~, ~~, ~ ~ ~L~ ~t ~e ~i~ey Ci~ ~~ ~ff~ ~ d~l~ ~e ~f~ve ~ion ~ of ~i~ey, ~ ~ 19, 1988, ~ ~e ~t ~t ~ d~l~ti~ ~ ~~le ~ ~~c ~ ~ ~t ~ ~nfli~ wi~ a~li~le la~ of S~ or F~ au~riti~: ~~ O~ ~ OF ~ ~ .~e Ci~ of Fri~ey a~l~ ~t ~ ~~~ for ~1 ~ ~ a ~~ h~ ~. ~~~y, it ~ ~e ~li~ of ~e Ci~ ~ p~ide ~ ~~~ ~ ~l~t ~ ~~ ~g~t for ~1 ~~; ~ 'p~ovide a~ ~, a~i~ ~, ~1 ~iza~on ~ ~fit of ~ ~ p~tio~ ~~ti~ ~~ ~~tion ~~ of ~, ~lor, ~, ~igion, ~tio~ orig,, ~, ~i~a] ~, ~lic ~~ ~, ve~ ~, ~~ 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 PHONE e I P__.-5~5-~e~3~ FAX ~ I 2-$g5-~837 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 2 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. 3 595 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 4 TOTAL P.04