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2008-04-22MOUND HOUSING AND REDEVELOPMENT AUTHORITY APRIL 22, 2008 The Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in regular session on Tuesday, April 22, 2008, at 7:00 p.m. in the council chambers of city hall. Members present: Chair Mark Hanus; Commissioners David Osmek, Mike Specht, John Beise and Greg Skinner Others present: City Attorney John Dean, Executive Director Kandis Hanson, City Clerk Bonnie Ritter, Public Works Director Carlton Moore, Cindy Reiter, Ken Perbix, Chuck Alcon, Amanda Schwarze, Amy Lyon, Paula Larson. 1. Open meeting Chair Hanus called the meeting to order at 7:00 p.m. 2. Approve agenda Hanson requested the addition of Item 3.1, Resolution Appointing James Kurtz as Acting Executive Director. MOTION by Osmek, seconded by Beise to approve the agenda as amended. All voted in favor. Motion carried. 3. Approve minutes Beise offered a correction to the minutes of April 8. MOTION by Osmek, seconded by Specht to approve the minutes of April 8, 2008, as amended. All voted in favor. Motion carried. 3.1. Action on Resolution Appointing James Kurtz as Acting Executive Director MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-09H: RESOLUTION APPOINTING JAMES KURTZ AS ACTING EXECUTIVE DIRECTOR OF THE HRA FOR THE REMAINDER OF 2008 4. Indian Knoll Manor Manager's Monthly Report Cindy Reiter presented the monthly report as follows: A. March bank statement B. March income statement C. Review of bills paid: MOTION by Osmek, seconded by Beise to approve the bills for March 2008 as presented. All voted in favor. Motion carried. D. Manager's Report: Everything is going well at the building, and they are going out for bids for some concrete work in front of the building. There are also two more buildings in the city that have joined the Crime Free Building Program, as administered by Officer Niccum. .. ~ HRA Minutes -April 22, 2008 5. Consideration/action on option agreement for 5575 Shoreline Drive John Dean stated that the HRA has been considering proposals to acquire land in the Auditor's Road District, and this parcel will be the last one they are considering for purchase. MOTION by Beise, seconded by Osmek to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-10H: APPROVING OPTION AGREEMENT FOR PROPERTY AT 5575 SHORELINE DRIVE 6. Consideration/action on Addendum to Contract for Private Redevelopment John Den explained that the provisions in the proposed addendum were as described at the meeting of March 25. MOTION by Osmek, seconded by Beise to adopt the following resolution. All voted in favor. Motion carried. RESOLUTION NO. 08-11 H: RESOLUTION AUTHORIZING ADDENDUM TO CONTRACT FOR PRIVATE DEVELOPMENT 7. Adjourn MOTION BY Osmek, seconded by Specht to adjourn at 7:12 p.m. All voted in favor. Motion carried. ` _ Chair Mark Hanus A/ttest: Bonnie Ritter, City Clerk 1 CITY OF MOUND RESOLUTION NO. 08-09H RESOLUTION APPOINTING JAMES KURTZ AS ACTING EXECUTIVE DIRECTOR OF THE HRA FOR THE REMAINDER OF 2008. WHEREAS, it is determined that the Acting Executive Director of the HRA shall perform the duties of Executive Director during the disability or absence of the Executive Director from the City or, in the case of vacancy in the office of Executive Director, until a successor has been appointed and qualifies; and WHEREAS, the current Acting Executive Director of the HRA is Gino Businaro, who has retired from the City of Mound, NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Mound, Minnesota, to appoint James Kurtz as Acting Executive Director of the Housing and Redevelopment Authority for the remainder of 2008. Adopted by the HRA this 22"d day of April, 2008. Attest: Bonnie Ritter, City Clerk 7~L.~ 2~- Chair Mark Hanus i. 1 1 1 MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION NO. 08-10H APPROVING OPTION AGREEMENT FOR PROPERTY AT 5575 SHORELINE DRIVE WHEREAS, the Mound Housing and Redevelopment Authority (HRA), has reviewed the terms and provisions of a proposed Option Agreement for the property located at 5575 Shoreline Drive. NOW THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Mound, Minnesota hereby approves the Option Agreement by and between the Mound Housing and Redevelopment Authority and the owner(s) of the property located at 5575 Shoreline Drive and hereby authorizes the Chair and Executive Director and her designees to execute said document(s). Adopted by the HRA this 22"d day of April 2008. Chair Mark Hanus ~~~ ~~~~ A st: Kandis Hanson, Executive Director MOUND HOUSING AND REDEVELOPMENT AUTHORITY RESOLUTION N0.08-1OH RESOLUTION AUTHORIZING ADDENDUM TO CONTRACT FOR PRIVATE DEVELOPMENT WHEREAS, the Authority and the Redeveloper entered into a Contract for Private Redevelopment dated March 22, 2005, and subsequently amended by First Amendment to Contract for Private Redevelopment dated July 5, 2005 (collectively, the "Contract"); and WHEREAS, it is the desire of the parties to enter into this Addendum in order to address matters that have occurred since the amendment; and WHEREAS, the Authority has reviewed the form of document entitled: Addendum to Contract for Private Development, (attached hereto as Exhibit A) has received the recommendations of staff regarding same and is fully informed as to its contend. NOW THEREFORE BE IT RESOLVED by the Authority as follows 1. The Addendum is, in all respects hereby approved. 2. The Executive Director and Authority Chair are directed to execute the same and to take all steps necessary to carry out the obligations of the Authority thereunder. Adopted by the Housing and Redevelopment Authority this 22"d day of April, 2008 Attest: Bonnie Ritter, City Clerk Chair Mark Hanus 332206v1 JBD MU195-15 Resolution No. 08-10H -EXHIBIT A ADDENDUM TO CONTRACT FOR PRIVATE DEVELOPMENT Final THIS ADDENDUM is made and entered into as of the 22nd day of April, 2008 by and between the Housing and Redevelopment Authority in and for the City of Mound, Minnesota, a public body corporate and politic (the "Authority") and Mound Harbor Renaissance Development, LLC, a Minnesota limited liability company, (the"Redeveloper") RECITALS WHEREAS, the Authority and the Redeveloper entered into a Contract for Private Redevelopment dated March 22, 2005, and subsequently amended by First Amendment to Contract for Private Redevelopment dated July 5, 2005 (collectively, the "Contract"); and WHEREAS, it is the desire of the parties to enter into this Addendum in order to address matters that have occurred since the amendment. NOW THEREFORE, in consideration of the premises and mutual obligations of the parties hereto, the parties hereby agree as follows: Section 1. Scope and Intent of Addendum. The provisions of this Addendum are intended to replace and supersede any provisions in the Contract inconsistent with the provisions herein; but that otherwise, the Contract is to remain in full force and effect according to its terms. Section 2. Phase I. Commencement and Completion of Minimum Improvements. 1. The parties acknowledge that construction of the Phase I Minimum Improvements was commenced in a timely manner and in accordance with the provisions of the Contract. 2. The time limits for completion of construction of the Phase I Minimum Improvements are hereby released. 3. The Redeveloper agrees that it will continue with its efforts to complete construction of the Phase I Minimum Improvements as soon as reasonably possible. Section 3. Phase II Commencement and Completion of Minimum Improvements. 1. Construction of the Phase II Minimum Improvements will be done in stages. The first stage, Stage I will involve the construction of a mixed use structure located at the East end of Phase II. Construction of Stage I must commence 331796v2 JBD MIJ195-15 not later than June 30, 2010, and be completed not later than 15 months after commencement. 2. Construction of Stage II of Phase II (Stage II may include all or part of Phase II lying west of Stage I) must be commenced not later than two years after commencement of Stage I, and be completed not later than 15 months after commencement. 3. Construction of Stage III of Phase II (Stage III will include all of Phase II not covered by Stages I and II) will commence not later than two years after commencement of Stage II, and be completed not later than 15 months after commencement. 4. If the Redeveloper fails to commence or complete construction of Stage I within the time limits contained in 1 above, the Authority may terminate the Contract as it pertains to the rights and obligations of Redeveloper to construct the Phase II Minimum Improvements. If the Redeveloper commences and completes the Stage I Minimum Improvements within the time limits contained above, but fails to commence or complete the Stage II Minimum Improvements within the time limits contained in 2 above, the Authority may terminate the Contract as it pertains to the rights and obligations of the Redeveloper to construct the Stage II and III Minimum Improvements. 6. If the Redeveloper commences and completes the Stage II Minimum Improvements within the time limits contained above, but fails to commence or complete the Stage III Minimum Improvements within the time limits contained in 3 above, the Authority may terminate the Contract as it pertains to the rights and obligations of the Redeveloper to construct the Stage III Minimum Improvements. Section 4. Phase III Right to Assign. Redeveloper hereby agrees that, unless it has commenced construction on the Phase III Minimum Improvements, it will transfer and assign its right title and interest in and to the development of Phase III to any entity designated and approved by the Authority for that purpose. Until such designation is made, the Redeveloper may continue to review and act on the redevelopment of Phase III. Section 5. Phase III Commencement and Completion of Minimum Improvements. Unless extended, construction of the Phase III Minimum Improvements will commence not later than June 1, 2012, and be completed not later than June 1, 2014. Section 6. 110 South Right of First Refusal Released. The Redeveloper hereby releases and terminates the right of first refusal granted to the Redeveloper in Article IX of the Contract. 331796v2 JBD MU195-15 IN WITNESS WHEREOF, the parties have caused this Addendum to the Contract for Private Redevelopment to be duly executed in each of their names and on their behalf on or as of the date first above written. Dated: 4~ ®? ~ , 2008 1 1 HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MOUND, NIINNESOTA By Mark Hanus Chair Kandis .Hanson Executive Director 331796v21BD MU195-15 Dated: i o~0 2008 MOUND HARBOR RENAISSANCE DEVELOPMENT, LLC, By David Ne an Chief Manager B Thomas A. Stokes ~esi~eri~ ~wE. Fa:y:~.~-~'' 331796v2 JBD MU195-15