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HomeMy WebLinkAboutResolution 7109CITY OF MOUNDS VIEW MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION N0.07-EDA-234 and RESOLUTION 7109 30INT 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 SJR MU205-30 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 RJR MU205-30 2 EXHIBIT A TO RESOLUTION i~rrw~-ilrr~c March 14, 2t7fl7 11i1r, Kur# Ulrich city of Mour~ls View 2~f71 Highway 'I0 Mounds 1/iew, Minnesota 55112 Dear Kurt;. r n~edtrp,v~, rn~ 385© Victoriiai Street Nora Shoreview, MN 5512G-297f www.mexitmnic.ccnn. As you are aware, variaurs agreements between the City of Mounds View ("City"}, the Mounds View Economic L}evelopment Authority, Clear Channel Cammunicatian ("Clear Channel"}and Medtronic, inc. ("Medtronic") require the removal, and passible relocation, of four {4) billboards that are or were located an property previously owned by the City and nave inctuded in the Medtronic CRbM campus. As you are also aware, the agreements provide various deadlines far 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 2t30i. The final relocation of all four (4} billboards must be completed by C3r~aber 2Uf17. Because Medtronic and Clear Channel are close to reaching a ~rnal resolution far all of the outstanding billboard issues, and because ground and weather candifions may make it difficult to pl3ysically remavo the two (2} billboards on March 31, we respectfully request that the City cmnsent to a sixty (6t}} day extension for the removal of these two (~} billboards. We anticipa#e that prior to the end of this sixty t:SQ} day period; we will be able to provide the City with a "global agreement" which will bring a D'rnal resolution to all billboard issues related to this site. We appreciate your cooperation and lank forward to reaching a 5nal resolution of this matter. Sincerely, roes I~rtessen Sr. Canstructian Pro}act. Manager cc Tammera aiehm, Esq. Scott Riggs, Esq. Marvin Liszt, Esq. ~dltvaarrtg P,xin •h'"ertaring I~~afih • F t~n~i~eg I 308303v2 SJR MU205-30 A-1 r EXHIBIT B TO RESOLUTION _ r pp ~~A}/'C+T KI Rrt F.1'S fR'S' f.. A. Yr" se ~CTl iY1C~ O (r.~~~~3Y A PICdRBSSIdNAL A55dCIATIQIY march 16, 2007 l~'ia e-Mail ~ ,:T.S. Mail Scan 3. Rugs Kennedy & Graven; Chtd. ~~~ LT.~. Bank Plaza 20Q S. SYXth St. Minneapolis, Ml~` 5402 4[ `~ ( .. ~ y ; . s 3~ _..,_ 3uire 12U~, The ~olonnxda 5a0tl Wayzata Boulevard h~Tirrne;a~wlis, MN ~54I6~1270 umow. be~rrseckli fion. Carla ibAon,e 769 59fr120Q fax 7G3bAfi•lt4p~ Sxu~ A, Bernlcck* Biarven A. Liszt... Scott A. l.ii~on ~avitt K. Nightingalo •+ Pavl j. Quart Steven i.. 6reeman+*«*• t'.rorge E. Warner,je«*+ Jessica L Roe Aavid M.13e~ Sarah I.. Krans o~ rauasrr Neal J. Shapiro Luxe! A:rsisranes Nancy L. Whaylen Brenda 1,. Darkovr Gina M. ZUe} I~.e. Clear Channel I Maarnds Viekw lMecltranic Rear Scatt As you know, over the past few weeks Nledtranic, Mounds View, and Clear Channel have been. discussing Medtronic's request that Clear Channel remove sign cumber 6 rather than sign number 2. In order to determine whether Cleax Channel can accommodate this request, it is necessary Eor all parties to complete their due diligence, I believe we all. agree that it is going to be difficult to accomplish this by A~arch 31, ~t1~7 and Clear Channel is, therefore, agreeable to extending the March 3 i ~' date in the acquisition anal Relocatatt Agreement far 6U days. "Very truly yours, ~ERN'11CK AND LIFSC)TV, I'.A« 1~arvin A. Liszt MAL:crb cc: Clear Channel C?utdaar, Inc. Tami lricsan Diehn't « .~~IaO Gerrrfted Pa3stu RcCOUrstant «• Ago Rdmirlexl in 1M5aconein *y Rrai froperry t.ernr SpccialSsr Certfa5rd by rM Minn,vo4 Sl9rc 9~hrx?~tsarJos °«•• 8oxrd C;rreiCed in Crcd,nn` Ri~l~cr kry w-~z i4nerkan 9wxd aiGerurica.tioa "««** ttlsn Rdmrt~rd in Ca4dfornia 308303v2 SJR MU205-30 B-1