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Home My WebLink About2007-011 Council Resolution• Council Member. Carlson introduced the following resolution and moved its adoption: CITY OF LINO LAKES COUNTY OF ANOKA RESOLUTION NO. 07 -11 APPROVING A PRELIMINARY DEVELOPMENT AGREEMENT WITH ANDERSON BUILDERS WHEREAS, the City of Lino Lakes (the "City ") currently owns certain property which is described and depicted on Exhibit A hereto (the "Property "); and WHEREAS, the City desires to promote development of the Property; and WHEREAS, Anderson Builders (the "Developer ") has proposed a commercial use (the "Project ") to be developed and constructed on the Property and has requested an exclusive preliminary development agreement with the City for a period of six months; and WHEREAS, if undertaken and completed, the Project would help meet the City's goal of increasing the local commercial tax base, providing increased employment and service in the City and meeting the physical development goals of the City. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF LINO LAKES, MINNESOTA: The City of Lino Lakes hereby approves the Preliminary Development Agreement with Anderson Builders. The Mayor and City Administrator are hereby authorized to execute on behalf of the City the Preliminary Development Agreement, and to carry out, on behalf of the City its obligations thereunder. Adopted by the Council of the City of Lino Lakes this 2 day of January, 2007. a�uTan e Bartell, C. C er l Adopted by the Lino Lakes City Council this 2Z day of n Be es s Mayor , 2007. • • The motion for the adoption of the foregoing resolution was duly seconded by Council MemberO'Donnelland upon vote being taken thereon, the following voted in favor thereof: Carlson, O'Donnell, Reinert, Bergeson The following voted against same: • • • AGENDA ITEM 6B STAFF ORIGINATOR: Mary Alice Divine DATE: January 22, 2007 TOPIC: Consideration of Resolution No. 07 -11 approving a Preliminary Development Agreement with Anderson Builders Vote Required: Simple Majority BACKGROUND: Anderson Builders has expressed interest in development of three acres of city - owned property on Lake Drive, just north of 77th Street. Anderson Builders has met with staff to discuss issues related to future development of the area, and general concepts for commercial development. Representatives from Anderson Builders also met with EDAC on January 11, 2007 and EDAC members have recommended that the City Council enter into an exclusive agreement for a period of six months to allow Anderson Builders a period of time to investigate the feasibility of site development. The developers will be bringing conceptual plans forward as they progress on their predevelopment plans. This site is zoned General Business and the Comprehensive Plan's land use map designates the site as commercial. The preliminary development agreement outlines the obligations of the developer and the city's guarantee that it will not sell the property to another entity for a period of six months. This agreement does not constitute a purchase agreement. RECOMMENDATION: Staff is recommending approval of Resolution No. 07 -11 Approving a Preliminary Development Agreement with Anderson Builders. ATTACHMENTS: 1. Resolution No. 07 -11 2. Preliminary Development Agreement 3. Site map g xN (Bch A CITY OWNED PROPERTY 77th Street twollo Drive • • PRELIMINARY DEVELOPMENT AGREEMENT THIS AGREEMENT, dated as of this day of (the "effective Date ") is entered into by and between the City of (the "City "), a municipality under the laws of the State of Minnesota and Greg Anderson Development LLC, a Minnesota limited liability company (the "Developer "): WITNESSETH: WHEREAS, the City currently owns certain property which is described and depicted on Exhibit A hereto (the "Property "); and WHEREAS, the City desires to promote development of the Property, which is within the City of , MN; and WHEREAS, the Developer has proposed a Project (the "Project ") to develop the Property; and WHEREAS, if undertaken and completed, the Project would help meet the City's goal of increasing the local commercial tax base, providing increased employment and services in the city and meeting the physical development goals of the City. NOW THEREFORE, in consideration of the foregoing and of the mutual covenants and obligations set forth herein, the parties agree as follows: A. Obligations of Developer. The Developer will, at its own cost, complete the following items within 180 days from the Effective Date, referred to as the "Initial Period" and the "Final Period" Activities as follows: Initial Period Activities: (1) Meet with designated representatives of the City to refine the specific scope and site development feasibility requirements including determination of site conditions (including soil and environmental conditions), zoning and planning approvals and specific market tenant requirements for the project. Upon completion of the foregoing items, Developer will complete the Final Period activities as follows: (2) The parties will negotiate in good faith the specific terms and conditions and execute a definitive Purchase Agreement for one or more of the parcels within the proposed Project. B. Costs and Expenses. Except as otherwise provided herein, each party is responsible for • paying its own costs and expenses during the period of this Agreement. • • C. Obligations of the City. The City agrees that this is an exclusive Agreement and that it will not negotiate or contract with another party concerning the development of the Property or the sale of the Property within the Project during the Term. D. Property Information. The City agrees to provide the Developer copies of all reports, surveys, studies (including soils reports, environmental studies, and updated ALTA survey) and other information related to the property that it has acquired or been assigned as owner of the Property for use in evaluating the Property during the term of this Agreement. E. Transfer or Assignment. The Developer shall not assign or transfer its rights under this Agreement in full or in part without the prior written consent of the City. Such assignment or transfer shall not be unreasonably withheld by City. F. Default and Termination of Agreement. (1) If the Developer defaults in the performance of one or more of its obligations under this Agreement ( "Developer Default "), the City may terminate this Agreement. The Developer shall have no further obligations to the City if the Agreement is terminated due to a Developer Default. (2) If the City defaults in the performance of one or more of its obligations under this Agreement ( "City Default "), the Developer may terminate this Agreement. The City shall have no further obligations to the Developer if the Agreement is terminated due to a City Default. (3) The Developer or the City may terminate this Agreement at any time at in their sole discretion if either determines that the Project is not feasible. (4) Notwithstanding any other provision of this Agreement to the contrary, this Agreement shall automatically terminate 210 days from the Effective Date of this Agreement. G. Notices. Notice or demand or other communication between or among the parties shall be sufficiently given if sent by mail, postage prepaid, return receipt requested, faxed or delivered personally: As to the City: City of 2 • • As to the Developer: Greg Anderson Development, LLC 3555 Louisiana Avenue South St. Louis Park, MN 55426 Fax #: (952) 927 -5444 Attn: H. Document Ownership. All documents, studies, illustrations, surveys, analysis, certifications and correspondence prepared by the Developer for the Project ( "Developer Information ") shall remain the property of Developer at all times, and shall be strictly prohibited from use by any third parties for the development of the Property. If the Project is terminated by Developer, or developer does not proceed with the Project in its entirety, Developer Information prepared by the Developer may be purchased by the City or its assigns at actual cost. This provision shall survive termination of this agreement. No Final Agreement. This Agreement does not constitute a Purchase Agreement. The Developer has no legal rights in the Property by executing this Agreement. The City's obligations under this Agreement are limited to those set forth herein with no other implied obligations. IN WITNESS WHEREOF, the City has caused this Agreement to be duly executed in its name and behalf and the Developer has caused this Agreement to be duly executed as of the day and year first above written. (SIGNATURES APPEAR ON THE FOLLOWING PAGE) 3 • • • CITY OF By: Its: GREG ANDERSON DEVELOPMENT, LLC By: Its: