2007-07-10PLEASE TURN OFF CELL PHONES & PAGERS IN COUNCIL CHAMBERS. ~~
AGENDA
MOUND HOUSING & REDEVELOPMENT AUTHORITY' ~ ~ `~~
REGULAR MEETING.
- •20 P
20 7 7. M
AY LY 10 0
T E D JU
U S
MOUND CITY COUNCIL CHAMBERS ~ ~ 1"
Page
1. Open meeting
2. Action approving agenda, with any amendments
3. Action approving minutes: June 26, 2007 -regular meeting 1
4. Action on Bancor Right of Entry Agreement 2-7
5. Adjourn
i•
MOUND HOUSING AND REDEVELOPMENT AUTHORITY
JUNE 26, 2007
The Housing and Redevelopment Authority in and for the City of Mound,
Minnesota, met in regular session on Tuesday, June 26, 2007 at 7:25 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, Police Chief Jim Kurtz, Community Development
Director Sarah Smith, Finance Director Gino Businaro, Cheryl Martin, Amanda
Schwarze.
1. Open meeting
Chair Hanus called the meeting to order at 7:25 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 June 12,
2007 regular meeting and the June 19, 2007 special meeting. All voted in favor.
Motion carried.
4. fndian Knoll Manor Manager's Monthly Report
Gino Businaro presented the Indian Knoll Manor monthly report as follows:
A. May bank statement
B. April income statement
C. Review of bills paid: MOTION by Osmek, seconded by Beise to
approve payment of the bills for May, 2007. All voted in favor. Motion
carried.
D. Managers report
5. Adjourn
MOTION by Specht, seconded by Hanus to adjourn at 7:28 p.m. All voted in
favor. Motion carried.
Chair Mark Hanus
•
Attest: Bonnie Ritter, City Clerk
-1-
5341 Maywood Road ' ' ' ~ • • i
Mound, MN 55364 ~ ~ •
(952) 472-3190 ~ • • . • • ~ ' • .
1~ ~I~~11 r~~~7G,~~~1~~1~1'
To: Mound HRA
From: Sarah Smith, Community Development Director
Date: January 5, 2007
Re: Right of Entry Agreement -Painting of Glass Plus Building by MHR
Summary. A copy of a proposed Right of Entry Agreement has been prepared by
the City Attorney to allow Mound Harbor Renaissance Development (MHR) access on
to the Glass Plus property, which is owned by the Mound HRA, for the purpose of
painting the building.
Comments.
• An open house was recently held at the Villas. of Lost Lake Townhomes and
was attended by approximately 70 real estate agents at which time a
suggestion was made to consider painting the Glass Plus building to improve
its appearance and to help it blend in with its nearby surroundings by softening •
its color.
• MHR is requesting approval from the Mound HRA to allow the building to be
painted a neutral color, such as taupe, and has agreed to undertake the work
and pay all associated costs. It is anticipated that the cost would be less than
$1000.00.
Recommendation. Approval subject to the following conditions:
Color selection shall be done in cooperation with Mound Staff.
•
C:\Documents and Settings\Bonnie Ritter\Local Settings\Temporary Internet
Files\Content.l E5\OHO R2BU B\memoglasspl us.doc
-2-
C
RIGHT OF ENTRY AGREEMENT
THIS AGREEMENT, made on this day of , 2007, by
and between The Bancor Group, Inc., a Minnesota corporation, ("Bancor"), and the Housing and
Redevelopment Authority in and for the City of Mound, a Minnesota public body corporate and
politic, ("Authority")
I.
RECITALS
1.01. Authority is the owner of certain real estate located within the City of Mound, and
which is described on Exhibit A attached hereto and incorporated herein ("Property")
1.02. Bancor, is one of the participants in Mound Harbor Renaissance Development, LLC,
..
which is under contract with the Authority to redevelop portions of the downtown area of Mound.
1.03 In order to enhance development potential in the area, Bancor has requested that the
Authority permit Bancor to paint the exterior of one of the building and do all other work
reasonably necessary to such exterior painting. The building (the former Glass Plus Building)
currently owned by the Authority, and intended to be transferred to Mound Harbor Renaissance
Development, LLC as part of the downtown redevelopment. The building and the land on which it
is located is described in the attached Exhibit A, and is referred to as the Property.
1.04. The Authority is willing to allow Bancor to paint the building, and engage in related
activities, in accordance with the provisions of this Agreement, and Bancor is willing to paint the
building, and engage in related activities, in accordance with the provisions of this Agreement.
1.05. It is understood that in executing this agreement, Authority is not granting any
•
permanent interest in the Property to Bancor.
314058v1 JBDMU195-IS
-3-
II.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and their mutual promises, the
parties hereto hereby agree as follows:
2.01. Ri t of Entrv. Effective upon the date hereof, Authority hereby grants to Bancor,
its agents, employees, contractors and invitees the right to enter upon the Property, for the purpose
of carrying out the activities described in paragraph 1.03 above.
2.02. Consideration. In consideration for such right of entry, Bancor agrees to:
(a) Permit Authority's employees or consultants retained by Authority to be present
during the time any work is being done by Bancor under this Agreement;
(b) Provide a copy of all test results and reports, if any, prepared by Bancor, or
consultants or contractors in connection with the work to Authority as soon as
reasonably possible following final completion thereof.
(c) Dispose of all solid waste generated during the course of Bancor's activities on the
Properly.
(d) Do the work in the shortest period time reasonably necessary to complete such
activities authorized under this Agreement;
(e) Use the Property only for the purposes described herein and not park or store any
equipment on the Property, except during the limited periods of time when the work
under this Agreement is actually in progress;
(f) Do no unnecessary damage to the Property.
(g) Hold Authority harmless from and indemnify it from any and all claims, damages,
judgments or obligations, including the cost of defense of suit, arising out of
314058v1 JBD MU195-15
2
-4-
•i
•i
•
damage to Property or arising out of injury to anyone incurred or alleged to have
been incurred in connection with or as a result of any work done pursuant to this
Right of Entry, or as a result of Bancor's intentional torts or negligence.
(h} Fully pay and satisfy any claims for payment for work done on the Property and
indemnify and hold harmless Authority from any claims based on failure to fully
pay such claims.
(i} Bancor's contractors which enter the Property pursuant to the Contract and this
Agreement shall carry insurance during the time any work is .done on the Property in
amounts and in coverages acceptable to Authority;
2.03. Term. The term of this Agreement shall commence on its execution by all parties,
•
and will continue until the earlier of: (i) closing; or (ii) 45 days from the date of commencement
unless the parties agree, in writing to an extension.
2.04. Governing Law. This Agreement shall be interpreted in accordance with the laws of
the state of Minnesota.
2.05. Notices and Demands. All notices, demands or other communications under this
•
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally or mailed by certified mail, return receipt requested, postage
prepaid, properly addressed as follows:
1. If to Bancor:
314058v1 JBDMU195-IS
The Bancor Group, Inc.
1521 94~' Lane NE
Minneapolis, MN 55449
Attn: David Newman
3
-5-
If to Authority: Kandis M. Hanson •
Executive Director
5341 Maywood Road
Mound, MN 55364
With Copy to: John B. Dean, Esq.
Kennedy & Graven, Chartered
470 Pillsbury Center
200 South Sixth Street
Minneapolis, MN 55402
Or to such other persons as the parties may from. time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
2.06. Amendment. This Agreement maybe amended by the parties hereto only by written
instrument executed with the same procedures and formality as were followed in the execution of
this Agreement.
IN WITNESS WHEREOF, the parties have caused this Agreement to be duly executed in
their names and on their behalves on or as of the above date. •
The Bancor Group, Inc.:
By:
David P. Newman
Its:
Housing and Redevelopment Authority in and
For the city of Mound
By:
Kandis M. Hanson
Executive Director
5341 Maywood Road
Mound, MN 55364
r~
314058v1 JBDMU195-15
4
-6-
•
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY:
C7
•
314058v1 JBD MU195-15
JBD-270846v1
MU195-15
[Add Before Execution]
A-1
-7-