2005-03-08PLEASE TURN OFF AT CELL PHONES & PAGERS IN COUNCIL CHAMBERS.
AGENDA
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Open meeting
Action approving agenda, with any amendments
Action approving minutes: February 22, 2005
Action on request by Lindquest and Vennum on behalf of
Commerce Place requesting approval of the Certificate of
Completion and Termination Agreement for the Contract for
Private Development for the shopping center dated July 11, 1985.
Adjourn
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5341 Maywood Road
Mound, MN 55364
(,952) 472-3190
Memorandum
To:
From:
Date:
Re:
Mound HRA
Sarah Smith, Comm. Dev. Director
March 1, 2005
Commerce Place Shopping Center Completion and Termination
Agreement
Background. A request has been submitted by Lindquest and Vennum on behalf of
the former Commerce Place Shopping Center ownership group requesting approval
of the Certificate of Completion and Termination Agreement for the Contract for
Private Development for the shopping center dated July 11, 1985. Members of the
HRA are advised that the document was reviewed by City Attorney John Dean and
Finance Director Gino Businaro. Their comments are provided below:
City Attorney John Dean
Except as mentioned in 2 below, the request is fairly routine. Most
covenants and restrictions in Development Contracts are scheduled to
terminate on the happening of events such as the completion of
construction, the defeasance of the bonds, or the end of the district
In this instance the request also includes a request that the covenants and
restrictions contained in Exhibit 2 to the HRA deed to the Redeveloper be
terminated. (I am assuming that the recorded deed is substantially the same
as Exhibit B to the Contract). Those restrictions relate to the uses permitted
on the property, and prohibit discrimination. Neither of these restrictions has
seen extinguished by the passage of time or by the operation of any
provision in the Contract. Consequently, they are both in effect, and would
require affirmative action by the HRA to release them.
Removal of the non-discrimination provision will not mean that the owner of
the property can now discriminate. It simply means that the host of activities
involving the property will be subject to the anti-discrimination provisions of
State Law; the same as any other commercial activity.
Removal of the limitation on use will only mean that the property will be
subject to the requirements of the Mound zoning regulations
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The February 11, 1998 date on the proposed certificate should be February
11, 1988 and Gino should verify that the Bonds have matured and the
Redeveloper is not in default of any obligations under the Contract.
Members of the HRA are advised that the document has been revised to
reflect the aforementioned date. Pease refer to comments from Finance
Director Businaro provided below.
Someone should also verify that the land described in the proposed certificate
is the same as the lands described in the Contract and the deed.
Members of the HRA are advised that the legal descriptions are under review
by Staff.
Assuming all this is okay, the item could go on the HRA agenda for the
meeting of March 8. If there are no issues with 3 or 4 above, my
recommendation will be that the HRA should agree to the Redeveloper's
request and execute the document.
(2) hours of consultant time associated with legal review of the document by
the City Attomey should be reimbursed to the City.
Finance Director Gino Businaro
The bonds have been paid off and as far as I know, the redeveloper letter
of credit has expired. I am not aware of any obligations on the part of the
redeveloper.
Recommendation. Staff recommends that the attached resolution approving the
Certificate of Completion and Termination for the Commerce Place Shopping
Center be adopted.
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LINDQUIST & VENNUM
4200 IDS GENTER
80 SOUTH EIGHTH STREET
MINNE. APOLIS, MN 55402-2274
tTELEPHONE: 612-371-3211
FAX: § 12-371-3207
P.L.L.P.
IN DENVER:
DENVER, CO 80202-5441
TELEPHONE; 303-573-5900
FAX: 303-573-1956
ATTORNEYS AT LAW
MARY C. TAYLOR
(612) 371-3983
mtaylor@lindquist.com
March 1, 2005
www.lindquist.com
VIA REGULAR MAIL
Ms. Sarah Smith
Planning Department
City of Mound
5341 Maywood Road
Mound, MN 55364
Re: Certificate of Completion for Approval by City Council
Dear Sarah:
Enclosed is the Certificate of Completion and Termination of the Contract For Private
Development with which you have been assisting us.
I would very much appreciate it if you could arrange for the City Council to add the
approval of this document as an agenda item for the upcoming City Council meeting,
Thanks, as always, for your assistance.
Very truly yours,
MCT
Encl.
CC:
J. Saunders (via e-mail, w/encl.)
G. Boderman (via e-mail, w/encl.)
M. Cox, Esq. (via e-mail, w/encl.)
Mary C. Taylor
Doc# 1989684\1
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,(RESERVED FOR RECORDING INFORMATION)
CITY OF MOUND
RESOLUTION NO. 05-
A RESOLUTION APPROVING CERTIFICATE OF COMPLETION AND
TERMINATION OF CONTRACT FOR PRIVATE REDEVELOPMENT
WHEREAS, the Mound Housing and Redevelopment Authority ("Grantor") by Deeds
(the "Deeds") recorded in the office of the County Recorder, Hennepin County, Minnesota, as
Document Nos. 5116756 and 5353313, and in the office of the Registrar of Titles of Hennepin
County, Minnesota as Document Nos. 1729545 and 1892225, conveyed to JRW Properties, Inc.,
a Minnesota corporation ("Grantee"), land in the County of Hennepin and State of Minnesota,
as legally described on Exhibit A attached hereto and made a part hereof (the "Subject
Property"); and
WHEREAS, Grantor and Grantee executed that certain Contract for Private
Redevelopment concerning the Subject Property (the "Agreement") dated as of July 11, 1985,
and recorded in the office of the County Recorder, Hennepin County, Minnesota, as Document
No. 5116755, and in the office of the Registrar of Titles of Hennepin County, Minnesota as
Document No. 1729544;
WHEREAS, the Deeds and the Agreement contained certain covenants and conditions to
be fulfilled by Grantee, as well as certain restrictions as to the use of the Subject Property; and
WHEREAS, Grantor, in recognition of the performance by Grantee of certain of said
covenants and conditions of the Agreement, executed that certain Certificate of Completion
dated as of February 11, 1988, and recorded in the office of the County Recorder, Hennepin
County, Minnesota, as Document No. 5405166, and in the office of the Registrar of Titles of
Hennepin County, Minnesota as Document No. 1932008, in which Grantor released certain
provisions for forfeiture of title and fight to re-entry for breach of conditions subsequent
contained in the Deeds and the Agreements;
Doc# 1985602X2
1
WHEREAS, Grantee anct/or Grantee's successors and assigns have as of the date hereof
fully and duly performed all of the remaining covenants and conditions under the Deeds and the
Agreement;
NOW, THEREFORE, it is hereby certified that all requirements of Grantee under both
the Deeds and the Agreement with respect to the Subject Property have been completed and duly
and fully performed, and that therefore, the Agreement is hereby terminated in its entirety. This
instrument shall be conclusive evidence of the satisfactory termination of the covenants,
conditions and restrictions of the Agreement and the Deeds as they relate to the Subject Property,
including, but not limited to, those specific covenants and restrictions referred to in Paragraph 6
of the Deeds.
Dated this __ day of ., 2005
MOUND HOUSING AND REDEVELOPMENT
AUTHORITY
By:
Its:
O,
By:
Its:
STATE OF MINNESOTA)
) SS
COUNTY OF HENNEPIN)
The foregoing instrument was acknowledged before me this day
of ., 2005, by and
the and
, respectively, of the Mound Housing and Redevelopment
Authority, a public body corporate and public, on behalf of the Authority.
THIS INSTRUMENT WAS DRAFTED BY:
Lindquist & Vennum P.L.L.P. (MCT)
4200 IDS Center
80 S. Eighth Street
Minneapolis, MN 55402-2205
Doc# 198560252
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EXHIBIT A
Subject Property
Parcel 1:
Lots 1, 2, 3, 4, 5 and 6, Block 1, Commerce Place, Hennepin County, Minnesota.
Doc//1985602X2
3
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MOUND HOUSING AND REDEVELOPMENT AUTHORITY
FEBRUARY ZZ, Z005
The Housing and Redevelopment Authority in and for the City of Mound, Minnesota,
met in regular session on Tuesday, February 22, 2005, at 7:15 p.m. in the council
chambers of city hall.
Members Present: Chair Pat Meisel; Commissioners Mike Specht, John Beise and
David Osmek.
Members Absent: Commissioner Bob Brown
Others Present: City Attorney John Dean, City Clerk Bonnie Ritter, Community
Development Director Sarah Smith, Finance Director Gino Businaro, Cindy Reiter.
1. Open Meeting
Chair Meisel called the meeting to order at 7:15 p.m.
2. Approve Agenda
MOTION by Beise, seconded by Osmek to approve the agenda. All voted in favor.
Motion carried.
3. Approve Minutes
MOTION by Osmek, seconded by Beise to approve the minutes of the February 8, 2005
meeting. All voted in favor. Motion carried.
Meisel turned the meeting over to Acting Chair Osmek for the next item.
4. Adopt Resolution Applying to the City Council of the City of Mound to Take
Certain Actions with Respect to the Approval of a Redevelopment Plan for tha
Mound Harbor Renaissance Project Area.
John Dean explained that this is a procedural step toward the undertaking of the
commencement of the Mound Harbor Renaissance Project. In March the HRA and
Council will be considering steps to establish a TIF district and one of the preliminary
steps is to modify and update a Project Area. The present one was established in 1983
and needs to be updated substantially. State Statute requires the HRA to apply to the
City Council for the approval of a redevelopment plan, which among other things,
creates a Project Area. By adopting the subject resolution, the HRA is asking the
Council to hold a hearing. The next step will be a Planning Commission Hearing, which
is schedule for March 7th, and a City Council hearing on March 22.
MOTION by Beise, seconded by Specht to adopt the following resolution. The following
voted in favor: Specht, Beise and Osmek. The following voted against: None. Meisel
abstained from voting.
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HRA Minutes - February 22, 2005
RESOLUTION NO. 05-03H: RESOLUTION APPLYING TO THE CITY COUNCIL OF
THE CITY OF MOUND TO TAKE CERTAIN ACTIONS WITH RESPECT TO THE
APPROVAL OF A REDEVELOPMENT PLAN FOR THE MOUND HARBOR PROJECT
AREA.
Chair Meisel returned to preside over the rest of the meeting.
5. Indian Knoll Manor Report
Cindy Reiter presented the following report to the Board: A. January Bank Statement
B. December Income Statement
C. Bills for January, 2005: MOTION by Osmek, seconded by Beise to approve
payment of the bills as presented. All voted in favor. Motion carried.
D. Manager's Report: Everything is running smooth. The painting is finished and
lobby redecorating completed.
E. Resident Council Report- None.
6. Adjourn
MOTION by Specht, seconded by Beise to adjourn at 7:24 p.m. All voted in favor.
Motion carried.
Chair Pat Meisel
Attest: Bonnie Ritter, City Clerk
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