The URL can be used to link to this page

Home My WebLink AboutEDA Resolution 12-EDA-272 EDA RESOLUTION 12-EDA-272 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA APPROVING A LIMITED USE AGREEMENT WITH COVENTRY SENIOR LIVING OF MOUNDS VIEW TO USE EDA PROPERTY AS A CONSTRUCTION STAGING AREA WHEREAS, the City Council of the City of Mounds View has approved various resolutions in support of a senior living residential development identified as Coventry Senior Living of Mounds View ("Coventry"); and, WHEREAS, Coventry has requested use of adjacent EDA-owned land at 2390 County Road 10 for construction staging purposes; and, WHEREAS, the EDA-owned land at 2390 County Road 10 is presently vacant and unutilized; and, WHEREAS, a Limited Use Agreement has been prepared to allow Coventry's use of the EDA's land for construction staging purposes subject to various conditions and compensations, attached herein as Exhibit A. NOW, THEREFORE, BE IT RESOLVED, that the Mounds View Economic Development Authority does hereby approve the attached Limited Use Agreement and authorizes its President and Executive Director to execute and enter into the attached Agreement on its behalf. Adopted this 27th day of August, 2012. •e ..71:1 " •- ATTEST: J Oint.to e,ev James Ericson, Executive Director (SEAL) LIMITED USE AGREEMENT This Limited Use Agreement (the "Agreement") is made as of September 1, 2012, by and between the Mounds View Economic Development Authority, a Minnesota body corporate and politic, 2401 County Road 10, Mounds View, Minnesota 55112 (the "EDA") and Coventry Senior Living of Mounds View, LLC, a Minnesota limited liability company, 720 Mahtomedi Avenue, Mahtomedi, Minnesota 5515 ("Coventry"). RECITALS A. The EDA is the owner of vacant property located in the City of Mounds View, County of Ramsey which is located at: 2390 Highway 10 NE, legally described on the attached Exhibit A("Property"). B. Coventry is in the process of developing the adjacent property located southeast of the Property into a senior housing development. C. Coventry has requested to temporarily use the Property as a construction staging area for the senior living development. The area of the Property to be used by Coventry is depicted on the attached Exhibit B("Limited Use Area"). D. The EDA is willing to allow Coventry to use the Limited Use Area subject to Coventry entering into this Agreement. AGREEMENT 1. Incorporation of Recitals. The recitals set forth above are incorporated herein and made a part of this Agreement. 2. Grant of Limited Use. The EDA warrants that it owns and has the right to grant the limited use interest affecting the Property. The EDA does hereby grant a nonexclusive limited use to Coventry for the purposes of parking vehicles and storage of materials, equipment, and supplies over and across the Limited Use Area in exchange for Coventry's covenants and promises contained herein. The EDA may designate a different Limited Use Area on the Property at its sole discretion after providing 14 days' written notice to Coventry. 3. Consideration. Coventry agrees to pay the EDA $100.00 per month for the grant of the limited use. 4. Scope. The EDA reserves the right to the use the Property, including the Limited Use Area during the term of this Agreement for its own purposes. 5. Maintenance and Repair. Coventry shall repair and maintain, in a proper, substantial and workerlike manner, the Limited Use Area during the term of this Agreement. Coventry shall be responsible for the costs of removal of any refuse or waste materials from the Limited Use Area. Coventry shall not use the Limited Use Area for the storage, handling, transportation, or disposal of any hazardous substance, hazardous waste, pollutant, or contaminant as those terms are defined in 42 U.S.C. Section 9601, et. seq. ("CERCLA") or Minnesota Statutes 1 409586v1 SJS MU210-189 Chapter 115B ("MERLA"). In the event that Coventry fails to repair or maintain the Limited Use Area during the term of this Agreement, such limited use grant may be revoked by the EDA. Upon termination of this Agreement,Coventry shall return the Limited Use Area to its original condition. 6. Hold Harmless; Indemnification. Any and all claims that arise or may arise against Coventry, its officers, employees, agents, or contractors while engaged in its use of the Limited Use Area shall in no way be the obligation of the EDA. Furthermore, Coventry shall indemnify, hold harmless, and defend the EDA, its officials, employees, contractors, and agents from and against any and all liability, loss, costs, damages, expenses, claims, actions, or judgments, including reasonable attorneys' fees which Coventry, its officers, employees, agents, or contractors may hereinafter sustain, incur, or be required to pay, arising out of by reason of any act or failure to act by Coventry, its officers, employees, agents, or contractors or arising out of or by reason of this Agreement. Nothing in this Agreement shall be construed as a waiver by the EDA of any immunities, defenses, or other limitations on liability to which the EDA is entitled by law, including but not limited to the maximum monetary limits on liability established by Minnesota Statutes Chapter 466 or otherwise. 7. Insurance. During the term of this Agreement,Coventry shall procure and keep in force "occurrence" based commercial general liability insurance. providing coverage for bodily injury, personal property damage, personal injury, and contactual liability, on terms and with companies acceptable to the EDA. Such policy or policies shad have combined policy limits in amounts not less than $1,500,000. All insurance policies must name the EDA as an additional insured and be effective upon possession of the Limited Use Area by Coventry and provide for 30 days' notice to the EDA in the event of cancellation or modification of the policy and 10 days' notice for nonrenewal. 8. Term and Termination. The term of this Agreement commences on the effective date of this Agreement and will be valid until December 31, 2013. The Agreement will continue from month to month thereafter subject to termination by either party. Either party may terminate this Agreement upon at least seven days' written notice to the other party. Upon termination of this Agreement, Coventry shall immediately remove any vehicles, equipment, materials, supplies, and any other personal property from the Limited Use Area and return the Limited Use Area to the condition it was in prior to Coventry's use at its sole cost. 9. Notices. Any notice, demand, or other communication under this Agreement by either party to the other shall be sufficiently given or delivered if it is dispatched by certified or registered mail or delivered personally to the respective address of each party as set forth in the beginning of this Agreement. 10. Entire Agreement; Modification. This Agreement constitutes the entire agreement between the parties and supersedes any other written or oral agreements between the parties. Any modification of this Agreement or additional obligation assumed by any party in connection with this Agreement shall be binding only if evidenced in writing signed by the parties to be affected by said modification or additional obligation. 12. Assignment. Coventry shall not have the right to assign any rights under this Agreement except with the prior, express, and written consent of the EDA. 2 409586v1 SJS MU210-189 IN WITNESS WHEREOF, the EDA and Coventry have executed this Agreement this day of ,2012. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY By: Its: By: Its: COVENTRY SENIOR LIVING OF MOUNDS VIEW,LLC By: Its: 3 409586v1 SJS MU210-189 EXHIBIT A Legal description of the Property Part Of Ne 1/4 Of Sw 1/4 Desc As Fol; Beg On Center Line Of Greenfield Ave At A Point 110.46 Ft S Of The N Line Of Sd 1/4 1/4, Th E Par With Sd N Line 47.07 Ft, Th Sely To A Pt 193.01 Ft S Of N Line & 475 Ft E Of W Line Of Sd 1/4 1/4, Th S Along A Line 475 Ft E Of & Par With W Line Of Sd 1/4 1/4 To The S Line Of N 365.46 Ft, Th E Along Sd 365.46 Ft Une To The Swly Line Of Hwy 10, Th Nwly Along Swly Line Of Hwy To The S Une Of Co Rd H2, Th W To The N Ext Of Centerline Of Greenfield Ave, Th S Along Centerline Of Sd Ave To Beg; In Ne 1/4 Of Sw 1/4 (subj To Rd & Esmt) Of Sec 8 Tn 30 Rn 23 A-1 409586v1 SJS MU210-189 EXHIBIT B Depiction of the Limited Use Area rte.. AS ,a k �. � �l + d 5 5 4 s ', 'S. 'r�q f .j USE . i. AREA . � , ". I �* 5; ■ 43.44 It Coventry Senior Living � � Project 'NI i a ,, , S. Area B-1 409586v1 SJS MU210-189