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HomeMy WebLinkAbout02-26-2018 EDA PacketLINO LAKES ECONOMIC DEVELOPMENT AUTHORITY MEETING Monday, February 26, 2018 Immediately following Regular and Special City Council meeting City Council Work Room 1. Call to Order and Roll Call 2. Approval of Minutes – None. 3. Discussion Item A. Legacy Land Sale Discussion – Closed Session 4. Adjourn WS – Item #1 ECONOMIC DEVELOPMENT AUTHORITY STAFF REPORT Close Meeting Item No. 1 Confidential Date: February 26, 2018 To: Economic Development Authority From: Michael Grochala, Community Development Director Re: Legacy at Woods Edge Land Sale Background At the February 12, 2018 EDA meeting the board discussed competing interests in the Legacy land. Ultimately the direction provided at the meeting was to continue discussions with Venture Pass Partners regarding purchase of 2.4 acres of land for a grocery store. Staff was directed to inform Lyngblomsten that the EDA was not interested in pursuing their project further. The EDA noted that given the existing senior facilities in the project and desire for commercial development it was not the right fit. Venture Pass Partners has submitted a draft Letter of Interest (LOI) to purchase the 2.4 acre tract for $574,992 or $5.50 square foot. An LOI is a nonbinding document outlining proposed terms of a transaction. Once agreement is reached the terms will be incorporated into a purchase agreement. Analysis The Venture Pass proposal’s 30,000 square foot project is estimated to have a value of $4 – 6 million. Aldi in Blaine is assessed at a total value of $1.8 million. Land Price The following is a comparison of Venture Pass offers to the existing Anoka County market value, local commercial pad sales and the DR Horton sale in 2015: Source Year Amount Acres SF $/SF $/Ac $/Unit City/Horton (112 units) 2015 $1,000,000 11.16 486,130 $2.06 $89,606 $8,928 Anoka County 2018 $1,399,300 6.27 273,121 $5.12 $233,174 NA Aldi (Blaine) 2015 $902,017 2.23 97,139 $9.28 $404,491 NA Eagle Liquor 2016 $378,000 1.02 44,431 $8.51 $370,588 NA Venture Pass 2018 $574,992 2.4 104,544 $5.50 $239,580 NA Commercial prices can range significantly based on both location and use. Aldi acquired the property in front of the Blaine Fleet Farm in 2015. County records show the 2.23 acre property was purchased for $9.28 square foot. The most recent comparable Lino Lakes acquisition would be the Eagle Liquor location in the Marketplace Development. That property sold in 2016 for $8.50 square foot. Development Alternatives. While the grocery use would be an excellent addition to the development and city at large, the design requirements necessary to integrate the building into the site may not be acceptable to the tenant. Building reuse is also a consideration. The grocer tenant is likely to sign a 10-15 year lease with a 5 year guarantee. Additionally, the sale of only 2 acres increases the potential difficulty in marketing the balance of the property. The buyer has requested non-compete requirements on the balance of the property. Staff has indicated the City’s preference to sell the entire 6 acre parcel. The Developer has indicated there willingness to act as a Master Developer for the site. However, they want the ability for the grocery project to proceed independently of the remainder of property LOI Comments Staff reviewed the draft LOI with Kennedy and Graven, the City’s Development Counsel. An number of comments were submitted to the developer including the following: 1. Earnest Money: Developer proposed $10,000. Staff is recommending an adjustment to 5% of purchase price. 2. Title/Survey: Buyer to pay for title commitment and ALTA 3. Declaration: Change to “Master Development Agreement and Declaration” Add the following changes: The parties shall negotiation work cooperatively to negotiate a Master Development Agreement and a Declaration of Easements, Covenants, Conditions, and Restrictions during the Inspection Period which shall be recorded at Closing. The Declaration shall provide, among other things, reciprocal use of drive-lanes and parking (except for the “critical parking area” depicted on Exhibit A), joint stormwater facilities and maintenance obligations with respect to common areas. The Declaration shall also impose Seller will also consider imposing restrictions on the lots south of the Property for total building square footage not to exceed 10,000 square feet with no building in the south area exceeding 6,000 square feet as set forth on Exhibit A. There shall also be The Seller will also consider restrictions in the Urban Block that give the grocer an exclusive use. 4. Access: Seller and Buyer will enter into a Right of Entry Agreement providing Buyer’s contractors reasonable access to the property. 5. Seller’s Title: City will provide Quit Claim Deed 6. Purchase Agreement: Add the following: Both parties acknowledge that the EDA Board must hold a public hearing and approve the land sale. 7. Deadline: Developer requested a response by February 23, 2018. We have requested Friday, March 9. This may need to move to March 16th. Staff also noted that the offered price was not commiserate with surrounding land sales. Developer has responded that the issues raised above could be worked through and suggested the EDA make a counter offer with regards to price. Balancing comparable land sales with the desirability and draw of the proposed user. Staff would suggest a counter offer of 7.50 SF. Grocery users tend to demand a lower square foot price if they are the main anchor. Requested Council Direction Discussion only. Staff is requesting the EDA’s direction regarding land price. Attachments 1. Site Location Map 2. Venture Pass Partners draft LOI February 8, 2018 Mr. Michael M. Grochala Community Development Director City of Lino Lakes 600 Town Center Parkway Lino Lakes, MN 55014 Re: Legacy at Woods Edge Development Dear Mr. Grochala, I am pleased to present the following Letter of Intent for the purchase of approximately 2.4 acres within the “Urban Block” of the Legacy at Woods Edge Master Development as depicted on the site plan of Exhibit A herein. Below are the following terms and conditions under which Venture Pass Partners, LLC is willing to enter into a Purchase Agreement for above referenced property. If the terms are acceptable to the Seller, please have the Seller sign this letter below and return to my attention. LETTER OF INTENT TO PURCHASE: Property: The real estate of approximately 2.4 acres within the “Urban Block” of the Legacy at Woods Edge Master Development, consisting of the realty for a grocery store of approximately 29,000 square feet and critical parking area (the “Property”) as depicted on the site plan of Exhibit A herein. Seller shall be obligated to record a plat create the subject Property prior to sale. Seller shall grant Buyer easements to construct, operate, and maintain access roads as depicted in blue on Exhibit A. Buyer: Venture Pass Partners, LLC and/or its assigns. Seller: City of Lino Lakes Purchase Price: Five Hundred Seventy-Four Nine Hundred Ninety-Two and no/100 Dollars ($574,992.00) – 2 – February 8, 2018 Earnest Money: $10,000.00 payment deposited within 5 business days after execution of the Purchase Agreement with Commercial Partners Title, LLC, Minneapolis, MN. Title/Survey: Seller, at its expense, is to deliver a current title commitment issued by Commercial Partners Title, copies of any recorded instruments reflected on the title commitment and an updated ALTA survey within 15 business days of the effective date. Buyer shall have 10 business days after the receipt of the last of such items to review same and to deliver to Seller written notice of any objections. Thereafter, Seller shall have 10 business days to cure. If Seller fails to cure any objections, Buyer may waive objections, attempt to cure, or terminate the Purchase Agreement and receive a refund of the Earnest Money. Any title/survey exceptions not removed as of Buyer’s waiver of objections shall be deemed to be Permitted Exceptions. In the event that Seller cannot deliver clean title at the Closing, Buyer may terminate the purchase agreement and receive a full refund of all Earnest Money. Inspection Period: Upon execution of a Purchase Agreement, Seller shall deliver the Seller Documents (hereinafter defined) to Buyer to determine, in Buyer’s sole discretion, the suitability and feasibility of the Property for Buyer’s intended use. Buyer shall have one hundred fifty (150) days from the later of (1) execution of the Purchase Agreement and (2) delivery of Seller Documents (defined herein) to complete its due diligence. Buyer shall also use the Inspection Period to negotiate the Declaration (described herein) and obtain all approvals from the City of Lino Lakes and other regulatory or governmental agencies (collectively the “Approvals”) to permit Buyer to use the Property for its intend use. Buyer will have the right to elect two Forty-five (45) day extensions (“Extension Periods”) if Buyer has not received its required Approvals, provided Buyer provides notice to Seller of its election prior to the expiration of the Inspection Period or the 1st Extension Period, as the case may be, to extend the Inspection Period to obtain Approvals. Declaration: The parties shall negotiation a Declaration of Easements, Covenants, Conditions, and Restrictions during the Inspection Period which shall be recorded at Closing. The Declaration shall provide, among other things, reciprocal use of drive-lanes and parking (except for the “critical parking area” depicted on Exhibit A), joint stormwater facilities and maintenance obligations with respect to common areas. The Declaration shall also impose restrictions on the lots south of the Property for total building square footage not to exceed 10,000 square – 3 – February 8, 2018 feet with no building in the south area exceeding 6,000 square feet as set forth on Exhibit A. There shall also be restrictions in the Urban Block that give the grocer an exclusive use. Access: Seller shall grant Buyer and Buyer’s contractors reasonable access to the Property during the Inspection Period for the purpose of conducting all necessary Due Diligence and Property inspections. Escrow Terms: The Earnest Money shall be deemed non-refundable after the Inspection Period (or Extension Periods, as the case may be) and Buyer’s acceptance of Title/Survey. In the event the Property, in Buyer's sole discretion, is not suitable for Buyer's intended use during the Inspection Period or Buyer does not obtain the approvals during the Inspection Period or Extension Periods, as the case may be, the Buyer may cancel the Purchase Agreement and the Earnest Money shall be immediately refunded to Buyer. Notwithstanding the foregoing, the Earnest money will be refundable in the event of a Seller default, Seller not being able to deliver title subject only to the Permitted Exceptions at the Closing, or condemnation. Closing: The parties will close the transaction within 30 days after the expiration of the Inspection Period or Extension Periods, as the case may be, or such other date as agreed to by the parties. Seller’s Title: Seller will deliver marketable fee simple title to the property at closing, via Warranty Deed Seller’s Warranties and Reps: Seller to provide customary warranties and reps. Seller Documents: Upon execution of the Purchase Agreement, Seller will immediately provide any and all documents pertaining to the property in their possession or control which shall include but are not limited to plans for the property, specifications, environmental reports, geotechnical reports, Survey, tax statements, Leases, operating agreements, notices from any governmental authorities, Permits, and other documentation pertaining to the Property or the Legacy at Woods Edge Master Development. (“Seller Documents”). Taxes & Assessments: Seller and Buyer shall prorate all taxes in the year of Closing. Seller will be responsible for any pending or levied special assessments at closing. Purchase Agreement: Buyer will prepare, at its expense, within five (5) business days of Seller’s acceptance of this Letter of Intent, a draft of a Purchase Agreement to be reviewed, negotiated in good faith, and executed by – 4 – February 8, 2018 both parties. Brokerage: The Buyer is not represented by a real estate broker. Except for Owners intent to remove the Property from the market upon execution of this Letter of Intent, the terms and conditions outlined in this proposal are by no means to be considered legally binding upon either party; rather, they are for discussion purposes only. No language contained within this proposal should be construed as a legal commitment. The parties are free to change or withdraw any of the terms within this Letter of Intent. Please acknowledge your acceptance of this Letter of Intent by signing below. If no acceptance has been received by 5:00 P.M. on Friday, February 23, 2018, this Letter of Intent shall become null and void. Sincerely, Dave Carland President AGREED & ACCEPTED: City of Lino Lakes By:_________________________________ Its:_________________________________ Date:_______________________________ VENTURE PASS PARTNERS, LLC 19620 WATERFORD COURT • SHOREWOOD, MN • 55331 PHONE: 952.473.1210 • dcarland@venturepass.net Exhibit A