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HomeMy WebLinkAbout04-14-2014CITY OF MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY MEETING AGENDA MOUNDS VIEW CITY HALL Monday, April 14, 2014 6:30 PM 1. CALL TO ORDER 2. ROLL CALL: President Flaherty, Vice President Gunn, Commissioner Hull, Commissioner Meehlhause, Commissioner Mueller 3. APPROVAL OF AGENDA 4. PUBLIC INPUT: Citizens may speak to issues not on tonight's agenda. Before speaking, please give your full name and address for the minutes. Also, please limit your comments to three minutes. 5. APPROVAL OF MINUTES - None 6. CONSENT AGENDA 7. EDA BUSINESS A. Resolution 14 -EDA -285, Approving an Amendment to the Limited Use Agreement between the Economic Development Authority and Coventry Senior Living 8. REPORTS 9. NEXT EDA MEETING: Monday, April 28, 2014, at 630pm 10. ADJOURNMENT Item No: 07A MO_ A tSVVf �Meeting Date: April 14,UNll Type of Business: EDA Business City of Mounds View Staff Report To: Honorable Economic Development Authority From: James Ericson, Executive Director Item Title/Subject: Resolution 14 -EDA -285 Approving an Amended and Restated Limited Use Agreement with Senior Properties of Mounds View to use EDA Property as a Construction Staging Area Introduction: The Mounds View EDA entered into a Limited Use Agreement effective Sept 1, 2012, with the developers of the Coventry project to allow the EDA's land at 2390 County Road 10 to be temporarily used as a construction staging area with conditions. The developer has extended the agreement an additional year and now requests the additional use of the EDA's property located at 2394 County Road 10. Discussion: The EDA recently contracted to demolish the improvements at 2394 County Road 10 and the site was graded, restored and seeded. The property, along with that of 2390 County Road 10, is part of the EDA's redevelopment site referred to as "Crossroad Pointe" and the EDA had contracted with the firm Stantec to conduct a visioning and redevelopment scenario exercise. While this exercise is underway, the EDA would consent to the expansion of the developer's use of the EDA's property as a temporary construction staging area and to provide access to Greenfield Avenue. The lease amount for the original Limited Use Agreement was $100 per month. The EDA would require an additional $200 per month for the expanded use and to compensate for the delay caused in its own redevelopment endeavors. Recommendation: The City Attorney's office has prepared an amended and restated Limited Use Agreement and Resolution 14 -EDA -285 for the EDA's consideration. Respectfully submitted, J James Ericson Executive Director EDA RESOLUTION 14 -EDA -285 MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION APPROVING AN AMENDED AND RESTATED LIMITED USE AGREEMENT WITH SENIOR PROPERTIES OF MOUNDS VIEW TO USE EDA PROPERTY AS A CONSTRUCTION STAGING AREA WHEREAS, the City Council of the City of Mounds View (the "City") has approved various resolutions in support of a senior living residential development (the "Project") identified as Senior Properties of Mounds View (hereinafter referred to as "Coventry"); and, WHEREAS, the Mounds View Economic Development Authority, a public body corporate and politic (the "EDA") is the owner of vacant property in the City of Mounds View, County of Ramsey, which is located at: 2390 Highway 10 NE (the "Property"); and WHEREAS, Coventry previously requested to temporarily use the Property as a construction staging area for the Project, with the area of the Property to be used by Coventry being depicted on Exhibit B (the "Limited Use Area") attached to the Agreement as hereinafter defined; and WHEREAS, the Property is presently vacant and unutilized; and, WHEREAS, the EDA previously adopted a Limited Use Agreement dated September 1, 2012, to allow Coventry's use of the EDA's Property for construction staging purposes, subject to various conditions and compensations set forth in the September 1, 2012, Limited Use Agreement; and WHEREAS, Coventry has requested that the limited use permitted under the September 1, 2012 Limited Use Agreement be expanded to include access across the Property, among other uses; and WHEREAS, the EDA is willing to allow Coventry to use the Limited Use Area subject to Coventry entering into an Amended and Restated Limited Use Agreement (the "Agreement"); and WHEREAS, the Agreement has been prepared to allow Coventry's expanded limited use of the EDA's Property for construction staging purposes, including the expanded use of access across the Property, subject to various conditions and compensations set forth in the Agreement, which is attached hereto at Exhibit A and incorporated herein by reference; and WHEREAS, the September 1, 2012, Limited Use Agreement is superseded and replaced by the Amended and Restated Limited Use Agreement as adopted herein; and 2 44235042 MU210-189 NOW THEREFORE, BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF THE MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY, AS FOLLOWS: The recitals set forth in this Resolution are incorporated into and made a part of this Resolution. The EDA does hereby approve the attached Amended and Restated Limited Use Agreement. 3. The President and Executive Director of the EDA are hereby authorized and directed to execute all appropriate documents, including but not limited to the Agreement, to effectuate the actions contemplated by this Resolution. 4. The President and Executive Director of the EDA, staff and consultants are hereby authorized and directed to take any and all additional steps and actions necessary or convenient in order to accomplish the intent of this Resolution. Approved by the Board of Commissioners of the Mounds View Economic Development Authority this 14'h day of April, 2014. Joe Flaherty President ATTEST: James Ericson Executive Director 4423500 MU210-189 EXHIBIT A AMENDED AND RESTATED LIMITED USE AGREEMENT This Amended and Restated Limited Use Agreement (the "Agreement") is made as of April 14, 2014, 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 Senior Properties 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 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 (the "Project"). C. Coventry previously requested to temporarily use the Property as a construction staging area for the Project. D. The EDA previously adopted a Limited Use Agreement dated September 1, 2012, to allow Coventry's use of the EDA's Property for construction staging purposes, subject to various conditions and compensations set forth in the September 1, 2012, Limited Use Agreement. E. Coventry has requested that the limited use permitted under the September 1, 2012 Limited Use Agreement be expanded to include access across the Property, among other uses. F. The EDA is willing to allow Coventry to use the Property subject to Coventry entering into this Amended and Restated Limited Use Agreement. The area of the Property to be used by Coventry is depicted on the attached Exhibit B ("Limited Use Area"). G. The September 1, 2012, Limited Use Agreement is superseded and replaced by this Amended and Restated Limited Use 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 vehicle and construction access, 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. Notwithstanding the limited use granted herein, A-1 442350v2 MU210-189 construction traffic for the Project shall not be permitted to use the residential streets south of the Project area, including but not limited to Greenfield Avenue and Edgewood Drive. 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 $300 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, and shall be responsible for sweeping Greenfield Avenue and County Road H2, upon notice. 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 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. Coventry agrees to provide the EDA with a $5,000 performance bond or letter of credit to be used in the event Coventry fails to correct or restore the site to previous conditions upon conclusion of the term of the Agreement. 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 contractual liability, on terms and with companies acceptable to the EDA. Such policy or policies shall 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 sixty (60) days' notice to the EDA in the event of cancellation or modification of the policy and 10 days' notice for nomenewal. 8. Term and Termination. The term of this Agreement commences on the effective date of this Agreement and will be valid until December 31, 2014. The Agreement will continue from A-2 442350v2 MU210-189 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 comrnunication 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 parry 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. IN WITNESS WHEREOF, the EDA and Coventry have executed this Agreement this 10' day of April, 2014. MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY By: Its: By: Its: SENIOR PROPERTIES OF MOUNDS VIEW, LLC Its: A-3 442350v2 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 Line To The Swly Line Of Hwy 10, Th Nwly Along Swly Line Of Hwy To The S Line 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 -A-1 442350v2 MU210-189 Aij 442350V2 MU210-189 EXHIBIT B Depiction of the Limited Use Area A -A-2