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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-