2017-11-28 HRA Agenda PacketPLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
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MOUND HOUSING & REDEVELOPMENT AUTHORITY
REGULAR MEETING
TUESDAY, NOVEMBER 28, 2017 6.-30 P.M.
MOUND CITY COUNCIL CHAMBERS
Page
1. Opening the meeting
2. Action approving agenda, with any amendments
3. Action approving minutes: August 22, 2017 regular meeting 1-2
(Note: No meetings held in September or October 2017 or on 11-14-17)
4. Action on a resolution authorizing Staff to issue a request for 3-18
qualification and interest in a townhome development in the Mound 8
Harbor TIF District
5. Adjourn
August 22, 2017
The Mound Housing and Redevelopment Authority in and for the City of Mound, Minnesota, met in
regular session on Tuesday, August 22, 2017, at 6:55 p.m. in the council chambers of the Centennial
Building.
Members present: Chair Mark Wegscheid, Commissioners Jeff Bergquist, Kelli Gillispie, and Jennifer
Peterson
Members absent: Commissioner Ray Salazar
Others present: City Manager and Director of Public Works Eric Hoversten, Community Development
Director Sarah Smith, Administrative Assistant Mary Mackres, Director of Finance and Administrative
Services Catherine Pausche, Field Officer Stewart Simon, Public Works Superintendant Ray Hanson,
Public Works Street Lead Brent Kress, Public Works Utilities Lead Ryan Prich, City Attorney Elizabeth
Brodeen-Kuo, Joseph Schwebel, Jayne Quinnell, Michelle Olson, Hayley & Jeremy Nelson, Mark
Hanson, Kari McReavy, Paul & Lori Snyder, Traci Mallonee, Scott Steele, Allan Moran, Brian Blake,
Barb Fritsch, Mike & Cindy Palm, Joleen Stadsklev, John Range, Tom McDonnell, Susan Hoversten,
Johann Chemin, Linda Cordie, and Kevin Boyle
1. Open meeting
Chair Mark Wegscheid called the meeting to order at 6:55 p.m.
2. Approve agenda
Hoversten introduced an amendment to the agenda packet related to the documents for the closing
of Trident's Harrison Bay Senior Living project. Hoversten stated the added pages are numbered
20-41 and are attached separately to the amended agenda.
MOTION by Peterson, seconded by Bergquist, to approve the agenda as amended. Peterson,
Wegscheid, and Bergquist voted in favor. Motion carried.
Commissioner Gillispie arrived at 6:57 p.m.
3. Approve minutes
MOTION by Peterson, seconded by Bergquist, to approve the minutes of the June 27, 2017
regular meeting. All voted in favor. Motion carried.
4. Action on a Resolution authorizing the Levy of a Special Benefit Levy Pursuant to Minnesota
Statutes, Section 469.033, Subdivision 6. and Approval of a Budget for Fiscal Year 2018
MOTION by Peterson, seconded by Bergquist to approve the resolution. All voted in favor. Motion
carried.
RESOLUTION NO. 17-11 H: RESOLUTION AUTHORIZING THE LEVY OF A SPECIAL BENEFIT
LEVY PURSUANT TO MINNESOTA STATUTES, SECTION 469.033, SUBDIVISION 6 AND
APPROVAL OF A BUDGET FOR FISCAL YEAR 2018
5. Action on a Resolution Approving Capital Fund Program Amendment for Fiscal Year 2017,
the 2017 Capital Fund Annual Statement, the Capital Fund Program Five Year Action Plan for
2017-2021, and the HUD Certifications for the benefit of the IK M Limited Partnership, LLC
and its Balsam Hill Apartments & Townhornes
MOTION by Peterson, seconded by Bergquist to approve the resolution. All voted in favor. Motion
carried. -1-
HRA Minutes -August 22, 2017
6. Action on a Resolution Approving Contract for Private Development with Harrison Bay
Senior Living LLC and Approving the Issuance of and Providing the Form, Term, Covenants
and Directions for the Issuance of its Tax Increment Revenue Note
Sarah Smith explained the additional agenda items related to the Dutch Lake Preserve/Harrison Bay
Senior Living project are considered to be housekeeping in nature. Smith said the items relate to the
tax increment financing (TIF) note in the amount of $930,000 that is secured by the tax increment
revenues that will be derived from the Housing TIF district that has been established for the project.
Smith said the first action relates to the issuance of the TIF note by the developer to a lender who will
finance the minimum improvements that are referenced in the contract for private development and the
second action approves a collateral agreement that puts the lender in place to receive the tax
increment proceeds as the improvements are constructed.
Smith said the collateral agreement has been consented to by both the lender and the developer and
Staff recommends approval of both documents. Smith noted that the interest does not accrue on the
TIF note until the developer is able to prove the public development cost to the HRA in an amount
equal to the principal of the TIF note. She added that the developer is required to submit written
evidence that those improvements have been constructed.
MOTION by Bergquist, seconded by Peterson, to approve the resolution. All voted in favor. Motion
carried.
f � •
Action7. on • •n Approving Collateral Assignmentof • •ment Agreement and
TIFNote
MOTION by Peterson, seconded by Gillispie, to approve resolution. All voted in favor. Motion
carried.
• • - 91
MEN
8. Ad"ourn
MOTION by Gillispie, seconded by Bergquist, to adjourn at 7:01 p.m. All voted in favor.
Motion carried.
Attest: Catherine Pausche, Clerk
52
Chair Mark Wegscheid
Mound Harbor TIF Districl
REQUEST FOR QUALIFICATION AND
INTEREST IN A TOWNHOME DEVELOPMENT
I-
n
jL Mound Harbor TIF District
The district was created in 2005 and will decertify in 2031.
$7.2M in investments though 2015 include:
0 $3-3M Dump Remediation/Lost Lake Dredge
• $1.8M Property Acquisition
• $1.7M Greenway Trail & Pier Construction
• $0.4M Historic pump house relocation & renovation,
and way finding signage
$4.02M in bonds were issued that are callable beginning in 2019 and
are currently paid with tax increments, tax levies and Lost Lake slip
fees
$27.8M in new development would be needed to pay off the bonds
and interfund loans for the district per Ehlers 2016 analysis
Mound Harbor
M • .. .
3.684.797 2.079.905 433,798 6.198.500
n,Jk Mound Harbor
District
$27.81VI in new development equates t!O
approximately
i apartment units & 6,300 SF of
OR
i
former notdesirable for this area
•the latternot • assume
the • •market cansupport
(Cariboudevelopment
• •,
ME
Other!
Collection
Debt
Tax
Lost Lake Slip
Total
Year
Lew
Increments
Fees
Receipts
2009
129,748
-
129.748
2010
-
121,742
{1,250)
120,492
2011
120,349
99,140
(1,900
217,589
2012
125,048
604
-
125,652
2013
214.400
39.962
28,407
282:769
2014
200,000
37 ,456
47,853
285.309
2015
200,000
36,104
47,403
283,507
2016
200,000
60 ,667
1
40,285
300,952
2017
175,000
77,314
33,000
285,314
2018
175,000
105,512
30,000
310,512
2019
175,000
105,512
30,000
310,512
2020
175,000
105,512
30,000
310,512
2021
175,000
105,512
30,000
310,512
2022
175,000
105,512
30,000
310,512
2023
175;000
105,512
30,000
310,512
2024
175,000
105,512
30,000
310.512
2025
175,000
105,512
30,000
310,512
2026
175;000
105,512
-
280.512
2027
175,000
105,512
280.512
2028
175,000
105,512
280.512
2029
175,000
105,512
280.512
2030
175,000
105,512
280,512
2031
175,000
105;512
-
280,512
3.684.797 2.079.905 433,798 6.198.500
n,Jk Mound Harbor
District
$27.81VI in new development equates t!O
approximately
i apartment units & 6,300 SF of
OR
i
former notdesirable for this area
•the latternot • assume
the • •market cansupport
(Cariboudevelopment
• •,
ME
Mound Harbor
from , new townhome
development equates to over $100K
in additional
would provide relief to the levy
Converting 10 of the transient
overnight would generate over
$10,000 per year from• fees r
increase value • townhomes
P.
n,Ajk Mound Harbor
Proposed Process for Issuing RFQ
0 City Council decides on whether or not to
request conversion of transient • overnight
• HRA/City Council•• •
ves RFQ
• Staff obtains • • ,
• r Qresponses
• HRA/City Council interviewdevelopers
February — decide whether to proceed with
negotiations
-5-
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
2415 WILSHIRE BOULEVARD
MOUND, MINNESOTA 55364
November 20, 2017
To: HRA Board of Commissioners
From: Eric Hoversten, City Manager
Sarah Smith, Community Development Director
Catherine Pausche, Director of Finance & Administrative Services
Subject: Request for Qualification and Interest in a Townhome Development
in the Mound Harbor TIF District
The City of Mound created Tax Increment Financing (TIF) District 1-3 (the "Mound Harbor TIF
District") in 2005 to consist of three phases:
Phase 1. 37 townhomes and a commercial pad ("Villas on Lost Lake Development")
Phase 2. Harbor District - mixed use, including residential, restaurant, commercial/office
Phase 3. Langdon District - condominiums/townhomes with some commercial/office
With the economic recession that began in 2008/2009, the remaining lots in Phase I went back to
the bank until they were purchased in 2014. The development is now complete with a total of 27
townhomes compared to the original 37 contemplated. The City owns 88% of the total acreage
in the Harbor District (Phase II) that was assembled in anticipation of redevelopment. In 2005,
the City issued bonds to finance the clean-up and remediation of the former landfill site within
the Mound Harbor/Lost Lake. Those bonds were refunded for debt service savings with the
General Obligation Tax Increment Refunding Bonds, Series 2009D (the "2009D Bonds"). The
City has had to levy ad valorem taxes to support the debt since the projected tax increment to be
received from all three phases of development within the Mound Harbor TIF District did not
fully materialize.
After years of evaluating prospective projects for the Harbor District, as well as taking inventory
of the excess commercial capacity in Mound, Staff suggests reconsidering the original mixed use
layout contemplated and instead consider a 17 - 20 unit market rate townhome development on
approximately 2.30 acres and a separate commercial pad intended for a microbrewery/restaurant
on approximately 1.43 acres. Staff suggest the City consider reclassifying 7 - 10 of the 24
transient day slips to overnight to add to the 10 overnight slips available from Phase I to
maximize the property value of the townhomes, similar to the arrangement with the Villas on
Lost Lake development. Reclassifying 7 to 10 of the 24 transient slips as overnight allows us to
generate revenue and increase the value of the townhomes. It is not anticipated that all 7 - 10
would be needed every year, and the City could then leave the unrented slips open for public
enjoyment, particularly if the restaurant gets developed.
Similar to the approach taken with the sale of Indian Knoll Manor Apartments, Staff has
compiled a Request for Qualification and Interest (RFQ) for a townhome development in the
Harbor District. A draft of this document is attached along with a concept plan prepared by
Hoisington Koegler Group, Inc. Staff feels that breaking this district into phases allows the
HRA/City to bypass the challenges associated with land assembly and requirements to redevelop
the entire district at once. The Villas on Lost Lake development has shown there is a strong
market for high-end townhomes with lake access. By limiting the amount of townhomes
developed, we can ensure public enjoyment of the area will remain and the intensity of use will
be manageable.
The newer Villas on Lost Lake that face the channel have sold for over $600,000. We have an
opportunity to create an additional $12M+ in property value as the land is currently owned by the
City and/or HRA and is tax exempt. This will allow the City to reduce or eliminate the need to
levy ad valorem taxes to support the 2009D Bonds that were issued to ready this area for
redevelopment and open up the Lost Lake Channel, and possibly pay back the interfund loans
paid to date.
Once the responses are in, the City/HRA can evaluate if there are decent proposals to consider
and then create a timeline on how to proceed.
Please let us know if you have any questions or need any other information at this time.
-7-
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
RESOLUTION NO. 17- H
RESOLUTION AUTHORIZING STAFF TO ISSUE A REQUEST FOR
QUALIFICATION AND INTEREST IN A TOWNHOME DEVELOPMENT IN THE
MOUND HARBOR TIF DISTRICT
WHEREAS, the Mound Housing and Redevelopment Authority of Mound, Minnesota (the
"HRA") owns approximately four (4) acres of land in the Mound Harbor TIF District in the City of
Mound; and
WHEREAS, the HRA has made significant investments to acquire and prepare this area for
redevelopment, including property acquisition costs, demolition costs, dredging Lost Lake and
investment in the greenway, pier and dock amenities; and
WHEREAS, the City of Mound issued its General Obligation Tax Increment Refunding Bonds,
Series 2009D in the amount of $4,020,000 (the "2009D Bonds"), which refunded bonds issued
in 2005 to finance the remediation of the former landfill site within the Mound Harbor TIF District;
and
WHEREAS, the Mound Harbor TIF District will expire in 2031; and
WHEREAS, the Tax Increment from the district has been insufficient to pay for the debt service
on the 2009D Bonds; and
WHEREAS, the HRA desires to generate more Tax Increment in the remaining life of the district
while managing the intensity of use to preserve continued public access and enjoyment of the
area; and
WHEREAS, the HRA believes there is strong demand for high-end townhomes with access to
Lake Minnetonka;
NOW, THEREFORE, BE IT RESOLVED by the Board of Commissioners of the Mound Housing
and Redevelopment Authority, as follows:
1 Staff of the HRA are hereby authorized and directed to seek the approval by resolution
of the City Council of the City of Mound to issue a Request for Qualification and Interest
in a townhome development in the Mound Harbor TIF District and take such other
actions as are necessary to issue the Request for Qualification and Interest as shown in
Attachment A and made a part herein.
Adopted by the HRA this 28th day of November, 2017.
Attest: Catherine Pausche, Clerk
In
Chair Mark Wegscheid
Attachment A Page 1 of 10
REQUEST FOR QUALIFICATION AND
INTEREST INA TOWNHOME
MOUND HARBOR DISTRICT
MOUND, MN
Monday, January 29, 2018 at4:00pm
I
Request For Qualifications and Interest
November 20, 2017
Mound HRA
Attachment A Page 2 of 10
Page 1
'
Mound Harbor District TownhomeDevelopment
Overview
The City of Mound Housing and Redevelopment Authority (HRA) is requesting
statements of qualification (RFQ) and interest in the development of 17 - 20 luxury
townhomes to be located on approximately 2.3 acres in the heart of downtown
Mound, MN. The City is working on securing optional dock access to Lake
Minnetonka which would give the townhome owners first right of refusal for one of
the overnight docks on Lost Lake, subject to the fee schedule established annually by
the City.
The HRA is seeking established housing developers that have the ability to
perform the following:
1) Provide a competitive price for the land.
2) Maximize market value of the completed development.
3) Independently finance all improvements and development costs.
The intent of the HRA is to interview interested parties to determine a mutual
interest in establishing a process for the eventual sale of the subject property. It is
understood that as part of this RFQ that the HRA has no obligation to select any
candidate and that the HRA and the selected candidate retain the right to terminate
their interest prior to the signing of a purchase agreement.
If any applicant desires more information on the physical aspects of the property
and/or desires a walkthrough with City Staff, please contact the City Manager
Eric Hoversten at 952.472.0609 or via email at erichoversten@cityofmound.com.
Applicants intending to respond to this RFQ are encouraged to give their contact
information to the City immediately so that additional information, if any, can be
shared with all interested applicants.
Statement of Qualification Due Date and Time
In order to be considered, one (1) electronic version, one (1) unbound and seven (7) bound
copies of the statement of qualification and interest must be received by the City Manager
by 4:00 p.m., Monday, January 29, 2018. Submittals should be made to:
City of Mound
Attn: City Manager
2415 Wilshire Boulevard
Mound, MN 55364
IN
Attachment A Page 3 of 10
Request For Qualifications and Interest Page 2
November 28, 2017
Mound, MN
Project Goals
The City of Mound and Mound HRA have made significant investments in preparing this
property for redevelopment, including property acquisition costs, demolition costs, dredging
Lost Lake and investment in the greenway, pier and dock amenities. Due to the amount of debt
incurred by the City to prepare the property for redevelopment and need to levy ad valorem
taxes to support it, no TIF or other financial incentives are contemplated for this proposed
townhome project. The following goals should serve as a starting point for any potential
developer:
a) Medium density high-end townhomes to increase tax base and minimize intensity of use in
order to provide for continued public enjoyment of the Harbor District
b) The land conditions necessitate slab on grade and the City/HRA prefers to see designs that
include 3 bedrooms, 2.5 baths, 3 car garage with an owners suite on the main floor, with
additional living space and bedrooms on the upper floor, comparable to the Villas on Lost
Lake development/5485 Lost Lake Court, Mound
c) Assume each unit will have access to one boat slip in Lost Lake (City has secured 10 and
is considering up to 10 more)
d) 18 month maximum construction timeline
It is understood that these goals may be modified as the process unfolds but should be the
starting assumptions for the initial proposal.
Since the request is for qualification and interest to enter into an agreement for real estate, the
HRA will not have any formal scoring system. The judgment of the HRA will center on the
following:
1) Ability to provide a competitive price for the land.
2) Ability to maximize quality and corresponding market value of the completed
development.
3) Ability to independently finance all improvements and development costs.
4) Ability to complement the stylistic features and amenities of the Villas on Lost
Lake Townhome development.
5) Ability to complete the development in a timely manner.
Narrative and Information Requirements
Applicants should submit a narrative, and any applicable background information, for the
following items:
1) Developer Information - Describe your overall organization, e.g. size of company,
assets held, number of previous developments, including location, size and type of
homes.
2) Proposed Development - Provide estimated number of units, concept plan (if available),
lot size, floor plans and a list of features (3 car garage, main level master suite, finishes,
etc.) with estimated market value for 11 th land and building.
Attachment A Page 4 of 10
Request For Qualifications and Interest Page 3
November 28, 2017
Mound, MN
3) Sources and Uses — Provide a preliminary sources and uses for financing the proposed
development.
4) Conditional Offer and Terms of Purchase - Submit a proposal regarding the
purchase price and any terms and conditions if known. It is understood that this pricing
proposal will be general in nature, and will serve only as a starting point for
negotiations since additional discovery will need to take place by the developer, but any
additional details provided with the proposal will be considered favorable. Therefore, it
is desired that submissions include the amount of land proposed to be purchased with a
boundary map, purposed public improvements, timing of the purchase and ultimate
development, etc.
5) Consent for release of response Data
6) Professional references (minimum of 3, preferably at least one from a lender and one
from another City)
After review of the RFQ r e s p o n s e s, it is anticipated that the HRA will establish an
interview time in February. The next steps of the process will depend on the interview, number
of applicants and other factors. As stated before, the HRA retains the right to terminate this
process until the time of signing of apurchase agreement, with no recourse for time and/or
materials spent in responding to this RFQ.
Next Steps
Following a recommendation from the HRA/City Council, Staff will negotiate the terms of the
purchase with the selected developer. It is anticipated that rezoning or comprehensive plan
amendments for the site, if needed, would be completed prior to the sale of the property. Upon
sale of the property, the developer would begin the city approval processes that are required of
all development projects, including: a neighborhood meeting, concept plan review, plan
submittals, Planning Commission and City Council approvals, etc.
Attachment A - Pictures
Attachment B - DRAFT of possible agreement for priority slip assignment
Attachment C - Consent for Release of Response Data
-12-
The site. and area amenities
Attachment A Page 5 of 10
Attachment A - Pictures
Harbor/Lake Minnetonka
Prime real estate situated on the
Lost Lake Greenway ind Pier.
0 Vibruni'Walkableff Downtown
News greenways and trails invite
everyone to get cnit and walk.
The Dakota Rail Regional Trail
The 44 -mite recreational trail
runs through downtown Mound.
9,000*and Growing
The City boasts a population of
over %" residents and groiving.
0 Minutes from the Metro Area
The estimated commute tirnc to
downtown Minneapolis is 25-30
minutes.
Lost Lake Greenway and Pier
0 Regional Transit Center
Convenient public transit is
available.
'Beg in State"Schools
Our schools can -sed top state test
scores 12 years running.
Golf, Goff &Goff
Some of the best in the wc%tt-rn
metro is just down the mad.
0 'Three Rivers Porks' Abound
Choose from bike trails, beaches,
dog parks, fishing, boaW�ig, and
camping.
Regional Hospital Just Next Door
Ridgcvirw Hospital offers top,
quality care.
Dakota Trail
Attachment A Page 6 of 10
Concept drawing of townhome development
Ariel view of Lost Lake Channel opening up to Cooks Bay in Lake Minnetonka
in
Attachment A Page 7 of 10
Attachment B - Drat of Possible Agreement for Priority Slip Assignment
Lei t OX.1101 MI16 I/
THIS SLIP USE AGREEMENT (this "Agreement") is made and entered into as of the day
of , 2018, by and among The Harbor District Townhomes, Common Interest
Community No. , acting by and through its association board ("HOA") and the City of
Mound, a Minnesota municipal corporation ("City"). The HOA and the City may hereinafter be
referred to individually as a "party" or collectively as the "parties."
RECITALS:
A. The City owns the 37 slip multiple slip complex in Lost Lake adjacent to the Villas on
Lost Lake townhomes ("37 Slip Complex") and the 24 slip multiple slip complex ("24 Slip
Complex") adjacent to the Harbor District's Greenway and Pier. The 37 Slip Complex and the
24 Slip Complex may hereinafter be referred to collectively as the "Slip Complexes."
B. In 2018, the City approved a Purchase Agreement and a Developer Agreement with
LLC, the original developer of the Harbor District Townhomes,
("Developer"), which provides for priority assignment of a slip at one of the Slip Complexes for
the residents of the Harbor District Towhomes; and
D. The parties desire to enter into an Agreement that sets forth the terms and conditions of the
slip assignments, fee structure, rules governing use of the Slip Complexes and the City's
obligation to maintain the Lost Lake Channel and the Slip Complexes and appurtenances.
NOW THEREFORE, in consideration of the premises and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the parties hereto
agree as follows:
1. Slip Assignment. In accordance with Chapter 78, Section 78-122 (d) of the Mound City
Code, as amended from time to time, up to [20] slips at the Slip Complexes will be reserved for
owners or renters of the Harbor District Townhomes who will be given first priority for
assignment of these slips. Applications and fees for the slip are due by the last day of February
each year. All slips not used by Harbor District Townhomes owners or renters will be released
by the City for licensing in accordance with the Mound City Code (Chapter 78, Section 78-122)
beginning on March 1 st of each year.
2. Fee Structure. The City establishes its fee schedule as part of the annual budget process
and the City reserves the right to modify the fees for the slips at the Slip Complexes from time to
time. The City agrees to provide for maintenance activities of the channel, the slips and
surrounding appurtenances of the Slip Complexes including, but not limited to, debt service on
bonds related to the Lost Lake development or renewal, maintenance of the channel and mulitple
slip structures and appurtenances, utilities, insurance premiums and deductibles, program
administration and funding reserves for these activities.
3. Dock Use Area. The slips at the Slip Complexes are licensed and regulated by the Lake
Minnetonka Conservation District ("LMCD")_ which imposes certain restrictions on the use of
the lake, including the slips, that must be c-15plied with by those using the Slip Complexes. In
Attachment A Page 8 of 10
addition, Chapter 78, Article VI the City of Mound City Code, as amended from time to time,
regarding slip licensing has additional regulations that all multiple slip licensees need to comply
with. Each user of a slip is repsonsible for complying with all applicalbe federal, state, and local
laws, rules, regulations, and ordinances related to their use. The City may terminate a
Townhome resident's use of the Slip Complexes and refuse to lease a slip to the resident for such
period of time as the City determines is reasonable if the resident violates any of the applicable
regulations or the terms and conditions of the lease.
4. Maintenance Activites. Lost Lake was redredged in 2005 to provide access to Lake
Minnetonka for the planned redevelopment of the City's downtown. The Slip Complexes were
constructed to provide pedestrian access to these amenities. The City is responsible for
maintaining the dredge and any aquatic vegetation removal/management so that reasonable
access can be obtained in and around the Slip Complexes. The dredge depth is regulated by the
Department of Natural Resources ("DNR") and the standard limit is out to 48" of water depth
measured from the Ordinary High Water ("OHW") level elevation of 929.4 feet. The City will
maintain the Slip Complexes and apputernances, as public amenities, to a reasonable standard, as
determined by the City, providing for the health and safety of pedestrians and functionally
equivalent replacement, if necessary. The City's agreement to maintain the Slip Complex and
appurtences is as the owner of the facilities to make them available to the general public as a
public amenity and does not create a special duty between the City and the users of the SIip
Complexes.
5. Liabili . All slip licensees must provide proof of boat owners insurance upon license
renewal. The City maintains a General Liability Policy with the League of Minnesota Cities
Insurance Trust and currenly has a Property In the Open policy for the Slip Complexes. The
City maintains the right to self insure the Property in the Open coverage as an alternative to the
relatively high premiums of its current policy. Nothing in this Agreement constitutes, or shall be
interpreted as, a waiver by the City of any limitation on or exemption from liability available to
it under common law, Minnesota Statutes, chapter 466, or other law.
6. Notices. Any notice required hereunder shall be given in writing, signed by the party
giving notice, personally delivered or mailed by certified or registered mail, return receipt
requested, to the parties' respective addresses as set forth below:
To City: Eric Hoversten
City Manager
City of Mound
2415 Wilshire Blvd
Mound, MN 55364
With Copy to: Troy Gilchrist
City Attorney
Kennedy & Graven
200 South Sixth Street
Suite 470
Minneapolis, MN 55402
-16-
Attachment A Page 9 of 10
To HOA: The Harbor District Homeowners Association
C/O
MN 55XXX
Notice shall be deemed delivered (a) in the case of personal delivery, on the date when
personally delivered; or (b) in the case of certified or registered mail, on the date which is one
day after deposited in the United States mail with sufficient postage to effect such delivery.
Each party may change recepient and the address to which notice must be given by delivery of
written notice to the other parties in accordance with this Paragraph 6.
7. Original Agreement. Except as specifically amended hereby, this Original Agreement,
shall continue to be in full force and effect and is hereby ratified by the Parties.
8. Termination. The parties may agree in writing to terminate this Agreement at any time.
The City may terminate this Agreement upon providing the HOA 6 months written notice of
termination. The termination will not affect the use of the slips by the Townhome residents in
the then present season, but the City may refuse to grant the priority provided for in this
Agreement for the then upcoming season and thereafter.
9. Miscellaneous. This Agreement shall be binding upon the parties hereto and their
respective successors and assigns. This Agreement can be amended or modified only by a
writing signed by the parties hereto. This Agreement shall be governed by the laws of the State
of Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year
first above written.
CITY OF MOUND HARBOR DISTRICT HOMEOWNERS
ASSOCIATION (COMMON INTERSEST
COMMUNITY NO.
By: By:
Its Its
By: By:
Its Its
MW
Attachment A Page 10 of 10
Attachment C - Consent for Release of Response Data
Form of Consent for Release of Response Data
Date:
City of Mound
2415 Wilshire Boulevard
Mound, MN 55364
Re: Request for Statement of Qualification and Interest in a Townhome
Development in the Mound Harbor District, Mound, Minnesota Consent for
Release of Response Data
I,
on behalf of
hereby consents to the release of its
development proposal in response to the Request for Statement of Qualification
and Interest in a Townhome Development in the Mound Harbor District, Mound,
Minnesota and waives any claims it may have under Minnesota Statues Section
13.08 against the City of Mound for making such information public. The
foregoing consent and waiver does not extend to financial statements submitted
under separate confidential cover, which may be public data, but shall be treated by
the City consistent with Minnesota Statutes Section 13.591.
M.
Its:
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