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Home My WebLink AboutEDA Resolution 07-EDA-231CITY OF MOUNDS VIEW MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY COUNTY OF RAMSEY STATE OF MINNESOTA RESOLUTION 7048 RESOLUTION N0.07-EDA-231 JOINT CITY OF MOUNDS VIEW AND MOUNDS VIEW ECONOMIC DEVELOPMENT AUTHORITY RESOLUTION CONSENTING TO A NINETY 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 the 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 have 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, within the requested extension, Medtronic and Clear Channel intend to provide the City and EDA with a "global settlement agreement" which hopes to bring a final resolution to all billboard issues related to the Agreement and the Contract; and WHEREAS, the City and EDA desire to finalize all billboard issues related to the Agreement and Contract; and WHEREAS, the City and EDA desire to consent to a ninety (90) day extension for the removal of the two (2) billboards from the Property set for March 31, 2007, as referenced in the Agreement and the Contract. 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 ("Authority"), 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 March 31, 2007, for a period of ninety days, until June 29, 2007. 308303v2 SJR MU205-30 A-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 26~' day of March, 2007. ,~ ~~~ - ~~~ ~ ~~ City Clerk-Administrator Mayor Approved by the Board of Commissioners of the Mounds View Economic Development Authority this 26~' day of March, 2007. f ATTEST: ~~ , Secretary President 308303v2 SJR MU205-30 A-1 EXHIBIT A TO RESOLUTION M~t>~A'~It1~C March 14, 2007 Mr. Kurt Ulrich City of Mounds mew 2401 Highway 10 Mounds View, Minnesota 55112 Medtronic, [tu, 3850 Vitoria Street Nortk Shoreview, MN 55126-2971 wwwrnedtronic com f°' it 'y# i[ 1 $ ~ ~; ~~ j. ~~ Dear Kurt: As you are aware, various agreements between the Ctty of Mounds View ("City°), the Mounds View Economic Development Authority, Clear Channel Communication ("Clear Channel°) and Medtronic, fnc. ("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 to be taken dawn na later than March 31, 2007. 1"he final relocation of all four (4) billboards must be completed by October 2007. Because Medtronic and Clear Channel are close to reaching a final resolution for ail of the outstanding billboard issues, and because ground and weather condfions may make it diff~cu~ to physically remove the two (2} billboards on March 31, we respedfutly request that the City consent to a sixty (60} 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 forward to reaching a final resolution of this matter. Sincerely, mes Driessen Sr. Construction Project Manager cc: Yammers Diehm, Esq. Scott Riggs, Esq. Marvin Liszt, Esq. lllleviating Pain • Restoring Htrtlth • Eactendirzg Life 308303v2 SJR MU205-30 A-1 EXHIBIT B TO RESOLUTION ATTOAN EYS AT LAW gERNlCK o LlFSON A P'itOPBSSIONAL ASSOCIATION i l' (~~. i' .. i i- March 16, 2007 _...,.~._ - --`~ Via a-Mail & U.S. Mail Scott 7. Riggs Kennedy & Graven, Chtd. 470 U.S. Bank Plaza 200 S. Sixth St. Minneapolis, MN 55402 Re: Clear Channel /Mounds View /Medtronic Dear Scott: Suite 120D, 'Che Colonnade Saul A. Bernick+ 5500 Wayrata i3oult:vard Marvin A. Liszt x+ Minneapolis, lr(N 554161Y70 Scott A. Llfwn wtvw.barnickiijsoa.cola David R Nightingale •' Paul J. Qaast +~ pRane 76&54fr1200 Steven L. Freemaa++++* jnx 7635461005 George E. Warner, Jr.+*+ Jtlsska L. Roe David M. Ness Sarah L. Brans of Cotcntet Neal J. Shapiro Legat Assfssottts Nancy L. Whaylen Brenda L. Darktxv Gina M. Zucl As you know, over the past few weeks Medtronic, Mounds View, and Clear Channel have been discussing Medtronic's request that Clear Channel remove sign number 6 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, 200 and Clear Channel is, therefore, agreeable to extending the March 31St date in the Acquisition and Relocation Agreement for 60 days. Very truly yours, BERNICK AND LIFSON, P.A. ma>~u.~. q ~-~r~ Mazvin A. Liszt MAL:crb cc: Clear Channel Outdoor, Inc. Tami Ericson Diehrn + Also Certified Pu6lk Accountant " Alio Admitted in Witeootin :.: Rral 8roperry Law Spetialin Cerr¢rd by rke alinseasrs Nau $arAcrorieeties +*++ Board Ccrtilkd in Csed:eors' aighes hr else Americas Bwrd orCertifkatlon ~+*+~ Also Admitted in Califoenia 308303v2 SJR MU205-30 B-1