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Home My WebLink AboutEDA Resolution 07-EDA-234CITY OF MOUNDS VIEW MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION N0.07-EDA-234 and RESOLUTION 7109 JOINT CITY OF MOUNDS VIEW AND MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION CONSENTING TO AN ADDITIONAL TEN DAY EXTENSION FOR THE TIME PERIOD TO REMOVE TWO BILLBOARDS WHEREAS, the City of Mounds View ("the City"), the Mounds View Economic Development Authority ("EDA"), Clear Channel Outdoor, Inc. ("Clear Channel") and Medtronic, Inc. ("Medtronic") have entered into agreements entitled the Acquisition and Relocation Agreement ("the Agreement") and the Amended and Restated Contract for Private Redevelopment ("the Contract") concerning the removal and possible relocation of four (4) billboards that are or were located on property previously owned by the City and now owned by Medtronic (the "Property"); and WHEREAS, pursuant to the Agreement and tree Contract, two billboards were required to be removed and potentially relocated by March 31, 2006, which has already .occurred; and two additional billboards are scheduled to be removed no later than March 31, 2007, and thereafter potentially relocated; and WHEREAS, Medtronic and Clear Channel requested that the City and EDA consent to an extension for the removal of the two (2) billboards required to be removed from the Property by March 31, 2007, because Medtronic and Clear Channel are presently negotiating a final resolution as to all billboard issues set forth in the Agreement and the Contract; and WHEREAS, the EDA and the City approved Resolution 07-EDA-231 and Resolution 7048, respectively, on March 26, 2007 which extended the deadline for removal by ninety (90) days, from March 31, 2007 to June 29, 2007; and, WHEREAS, on June 25, 2007, the EDA and the City determined that an additional ten (10) days would be necessary to ensure all issues are resolved to all parties' satisfaction. NOW, THEREFORE, BE IT RESOLVED by the City Council ("Council") of the City of Mounds View and the Board of Commissioners of the Mounds View Economic Development Authority ("Commission"), as follows: 1. The Council and the Authority hereby approve and consent to extending the date for removal of the two billboards required to be removed from the Property by June 29, 2007, for a period often days, until July 9, 2007. 308303v2 5JR MU205-30 1 2. No other terms or conditions of the Agreement or Contract are intended to be waived or modified by the City or the EDA, except as expressly set forth herein. 3. The Mayor, City Clerk-Administrator, President, Secretary and City and Authority staff are authorized and directed to take any and all actions necessary or convenient and are authorized to execute any required amendments to the Agreement or the Contract necessary to implement this Resolution. 4. The recitals set forth in the preamble to this Resolution and the Exhibits attached to this Resolution are incorporated into this Resolution as if fully set forth herein. Approved by the City Council of the City of Mounds View this 25~' day of June, 2007. Mayor ATTEST: City Clerk-Administrator Approved by the Board of Commissioners of the Mounds View Economic Development Authority this 25'" day of June, 2007. President ATTEST: Secretary 308303v2 $JR MU205-30 EXHIBIT A TO RESOLUTION NIe~ItroNc March ~~~ ~~~ Mr. I<Ur# I`JlrtCh City of Mourrcis View 24t31 Highway 10 Mounds View, Minnesota 55112 Gear Kurt: Medtranlc,lrrc„ 38513 Victoria Street Nartk S~arevicw, MN Si12(r-2JT! Kew W.r7lt~traTl iC.COit1 As you are aware, vartous agreements between the City of Mounds View {"City"}, the Mounds mew Economic Development Authority, Clear Channel Communication {"Clear Channe!°} and Medtronic, Inc. {"Medtronic") require the removal, and possible relocation, of four {4) billboards that are or were located on property previously owned by the City and now included in the Medtronic CRDM campus. As you are also aware, the agreements provide various deadlines for the removal and relocation of these billboards. While two {2} of the billboards have already been removed, two {2} of the remaining billboards are scheduled #o be taken down no later than March 31, 20(37. The final relocation of all four {4} billboards must be completed lay Qctober 2007. Because Medtronic and Clear Channel are close to reaching a final resolution for all of the outstanding billboard issues., and because ground and weather corxii~ans may make it difficult to physically remove the two {2) billboards on March 31, we respectfully request that the City consent to a sixty {50} day extension for the removal of these two {2} billboards. We anticipate that prior to the end of this sixty {60}day period; we will be able to provide the City with a "global agreement' which will bring a final resolution to all billboard issues related to this site. We appreciate your cooperation and look fonn+ard to reaching a ttnal resolution of this matter. Sincerely, mes Drtessen Sr. Constructk~n Project Manager cx: Tammera 17~lehm, Esq. Scutt Riggs, Esq.. Marvin Liszt, Esq. .~411tviasirtg fain •Restorfng Health •,actitag I f 308303v2 SJR MU205-30 A-1 EXHIBIT B TO RESOLUTION C p ~A tT T~K+J. Ry/Ir B Y B A Tt L A W/~ ~, ~CRN~CK ~ ~1~SC11V ` A PkOFES31dNAL ASSf3CIATION March 16, 2007 t~fa e-Ma~1 cPc CI..S. h1'ail Seott 3'. Ries Kennedy & Graven; Chtd. 4'70 US. Bank Flaw.. 200 ~. Sixth St. Minneapolis, M 55402 I t{ 4 i_ ,„_F Re: Char Channel / Moacncts Yiew ! Medtronic Dear Scott.: Suite t~U4, The Coiaxynada 5500 Wa~zara Bou(evaarcl Mutnea}~uiix, MtI ~s4t~.Iarn [flTB7j7. J~/MR#LAC' t~SPlt. EO'Ah ¢Otoxc 763-5q5-120q I~ 76S~~aalat~tt Saul A, Bern1CIC* Afarven A. Liszt <•• Scott A. Ligon ~laY'1{I ~{,,. I`ii~Illtn~,aiC •* PatQ ~. Qn23t Steven L. Freeman **•** George. E. Warner, Jc.+** Jess;ca 1r rzne David ~. iva~ Saran I.. FCrans o~ c~~:xr i~eat.i. shapiro Geg~r A.rsisiarstr Nancy 1.. Whaylen Brenda I.. Darknw Cina M. Zuci As you .know, over the past few weeks Medtronic,. lvlonnds View, aid Clear Channel have been. discussing Medtronic's request that Clear Channel remove sign number d rather than sign number 2. In order to determine whether Clear Channel can accommodate this request, it is necessary for all parties to complete their due diligence. I believe we all. agree that it is going to be difficult to accomplish this by March 31, 2007 and Clear Channel is, therefore, agreeable to extending the March 3iS1 date in the Acquisition and Relocation Agreeinei~t for 60 days. Very truly yours, BERNTCK ANI) LIFSUN, P.A. i~arvin A. Lis2t M~L;crb cc: Clear Channel Outdoor, inc. Tami Ericson Dieh • +tlso Crrdfsed Puliilr Actr+~t#sxFrit *' At3t1 Adraitxe[I in Wiaconavn ..* Rral Pm{rt[ty I.iw Specta6st Gtefud;Y rArt MinnRmas StaKk E1urArx?ntiari`ec ***• i4~xard frr[~td in Czediwa>" Bi~lrq Gy' 4~fC Amc[#an ISAA[d c~l{k[vlic~uOm *e*M Aiso AdMiiLLNt tr3 Ca~iNlrni2 308303v2 SJR MU205-30 B-1