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03-13-2002 Council Agenda
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03-13-2002 Council Agenda
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3. Developer's financing plan for each project. <br />4. Environmental assessments, wetland delineation (if any), property surveys, and <br />other reports or studies including resolution of issues identified as a result of <br />these studies. <br />5. Provisions for affordable senior housing in the aparti lent component of the <br />project. (Anticipated being 40% of the units at 60% percent of median income.) <br />6. Governmental approvals and permits. <br />7. Landscaping, public infrastructure and improvements, and erosion control. <br />8. Recovery/imposition of City costs and fees. <br />9. Provisions of sureties. <br />10. Terms of default and remedies for same. <br />* Except as herein provided, this agreement will terminate in six (6) months from the date <br />hereof. The parties may extend the term by mutual agreement. If Developer fails to perform <br />defined tasks by designated target dates and has not received the approval of the City, then <br />Developer shall be deemed in breach of this agreement. The remedy to the City shall be to <br />teu.uinate this agreement upon ten (10) days written notice. Any monies deposited by the <br />Developer shall be forfeited. In addition, the Developer shall be responsible for any costs <br />incurred by the City that are associated with this project and that are not fully reimbursed <br />from deposit funds. (Termination language needs to be very limited. We need this <br />project to go forward. Therefore, specific acts that would allow Developer to terminate <br />will need to be defined rather than an easy out. Those items should be limited to major <br />environmental deficiencies, City approval of building plans, HUD financing for senior <br />apartment) <br />* The Developer understands that many of the actions which the City may be called upon to <br />take require its reasonable discretion, and in some instances, its legislative judgment. Such <br />actions may only be made following established procedures, and the City cannot agree, in <br />advance, to any specific decision in such matters. <br />* All communications shall be directed to the Developer at: <br />George Sherman <br />Sherman Associates, Inc. <br />1525 South Fourth Street, #200 <br />Minneapolis, MN 55454 <br />* All communications shall be directed to the City at: <br />Joel Hanson <br />City of Little Canada <br />515 East Little Canada Road <br />Little Canada, MN 55117 <br />* Upon execution of this agreement, Developer is making a binding guaranty to repay the City <br />for its land assembly, demolition, legal, administrative, real estate taxes, and consultant's fees <br />associated with the acquisition of the Southeast Redevelopment Parcel estimated to be <br />$2,000,000 (± 200,000). The repayment terms shall be finalized in the final development <br />agreement, but should result in approximately 50% of this amount being repaid at closing <br />with the balance upon the completion of the "for- sale" townhome units. <br />* Developer shall contact US Bank Corporation and attempt to incorporate them into the <br />4 <br />
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