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HomeMy WebLinkAboutHRA AGENDA 11221988C = TY OF S T _ ANTHONY HOU S 2 NG AND REDEVELOPMENT AUTHOR = TY AGENDA NOVEMBER 2 2, 1 9 8 8 C OUN C = L CHAMBERS; A. Call to Order. B. Roll Call. C. Approval of October 25, 1988 H.R.A. Minutes. D. Claims. 1. verified. 2. Dorsey & Whitney - $5,928.75 3. Federal -State Relocation Consulting Service - $10,757.50. 4. ACS Audio Warehouse, Inc. - $9,342.00 (relocation) E. Proposed Agreement With Osborne Properties. F. Adjournment. C STY O F S T. ANTHONY HO U S 2 N G AN D REDEVELOPMENT AUTHOR 2 TY M 2 N U T E S OCTOBER 2S, _L988 1 Chair Sundland called the meeting to order at 9:11 P.M. 2 ROLL CALL 3 Present for roll call: Sundland, Vice Chair Enrooth, Secretary/ 4 Treasurer Marks, and Commissioners Ranallo 5 and Makowske. 6 Also present: Sue VanderHeyden, Assistant to the City Manager 7 William Soth, H.R.A. Attorney 8 Jack Bagley, Federal -State Relocation Consulting 9 Service, Inc., H.R.A. Consultant 11 Motion by Marks, seconded by Ranallo to approve the above as presented. 12 Motion carried unanimously_ 13 CLAIMS .4 Motion by Marks, seconded by Makowske to approve payment of $3,744.52 15 to the Dorsey & Whitney law firm for legal services rendered to the 16 H.R.A. on the final phase of the Kenzie Terrace Redevelopment and the 17 Evergreen Townhome Projects during August, 1988. 18 Motion carried unanimously. 19 Motion by Enrooth, seconded by Makowske to approve payment of $2,285.00 20 to Stuart J. Bonniwell for examination of the financial statements of 21 the H.R.A. for the year ending December 31, 1987 to include the 22 additional accounting procedures listed in the Certified Public 23 Accountant's September 30th billing. 24 25 Consultant' 26 Re -location_ Motion carried unanimously_ 27 Mr. Bagley answered H.R.A. members' questions relating to individual 28 claims indicating that he anticipated those costs would still remain 29 under the amount the H.R.A. had budgeted. The relocation consultant 30 also reported the Alternative was negotiating with the Eberhardt Company 31 to relocate in vacant space in the adjoining shopping center. Commis - 32 sioner Ranallo indicated he perceived that this business had been a real 1 asset to the City and he requested Mr. Bagley do everything he could to 2 make relocation within the City possible. 3 H.R.A. Action 4 Motion by Ranallo, seconded by Marks to approve payment of all claims 5 from the displaced businesses for their immovable fixture for the 6 amounts listed in the October 5, 1988 letter from Federal -State 7 Relocation Consulting Services, Inc. in the H.R.A. October 25th agenda 8 packet. 0 Motion carried unanimously. 10 Motion by Enrooth, seconded by Marks to approve payment of all reloca- 11 tion expense claims for the displaced businesses listed in the October 12 25, 1988 H.R.A. agenda and in separate letters from the relocation 13 consultant in that agenda packet. 14 Motion carried unanimously. 15 Motion by Ranallo, seconded by Enrooth to approve payment of $15,632.50 16 to Federal -State Relocation Consulting Service, Inc. for relocation 17 consulting services provided by Jack Bagley in conjunction with the 18 relocation of tenants in the St. Anthony Village Shopping Center which 19 had been recently acquired for erection of the St. Anthony LaNel 20 project as the final phase of the Kenzie Terrace Redevelopment project. 21 22 OTHER BUSINESS 23 24 Motion carried unanimously. 25 Mr. Soth indicated negotiations related to the purchase of the trian- 26 pular parcel of land necessary for the LaNel project were going very 27 well. If the property owner accepts the terms of the Agreement which 28 call for a $60,000 purchase price plus $10,000 to make the parking lot 29 repairs required by the tenant, the H.R.A. expenses should be well 30 within funds available to complete the project. 31 Hearing on Vacation of Street for St Anthony LaNel ARartment Project 32 to be Scheduled for City Council's November 22nd Meeting 33 Mr. Soth indicated he had forgotten to mention the necessity for the 34 above, during the Council meeting which had preceded the H.R.A. meeting 35 that evening. 36 H.R.A. Action 37 Motion by Marks, seconded by Ranallo to request the City Council to 38 schedule a public hearing during their November 22nd meeting on the 3 1 vacation of that portion of Harding Street N.E. which is needed for the 2 St. Anthony LaNel Redevelopment Project. 3 Motion carried unanimously -. - 5 Motion by Marks, seconded by Enrooth to adjourn the St. Anthony Housing 6 and Redevelopment Authority meeting at 9:26 P.M. 7 8 Respectfully submitted, 9 Helen Crowe, Secretary Motion carried unanimously. 335663 DOBSEY & WHITNEY 2200 FIRST HANK PLACE EAST MINNEAPOLIS, MINNESOTA 55402 (0121 340-2600 (Internal Revenue Account No. 41-0223337) STATEMENT OF ACCOUNT FOR PROFESSIONAL SERVICES October 31, 1988 Mr. David M. Childs Executive Director Housing and Redevelopment Authority of St. Anthony 3301 Silver Lake Road Minneapolis, Minnesota 55418 Re: Housing and Redevelopment Authority For legal services rendered from September 1, 1988 through September 30, 1988, including: Saliterman Property Acquisition: Telephone conference with D. Childs re assessor's value; telephone conference with L. Juster re settle- ment; telephone conference with D. Childs; telephone conference with L. Juster; telephone conference with D. Childs and L. Juster; draft Purchase Agreement; letter to L. Juster; letter to D. Childs; inter -office conference re mechanic's lien foreclosure action; finalize Purchase Agreement; letter L. Juster; telephone D. Childs and L. Juster; telephone D. Childs re purchase price and closing date; telephone S. Davis re same; meeting L. Juster re Purchase Agreement; telephone conference with D. Childs; revise Purchase Agreement; letter L. Juster; telephone conference with D. Childs; telephone conference with Messrs. Childs, Juster and Krier; letter to Title Company; letter to D. Childs; review title matters; discussions re relocation of tenants; finalize Purchase Agreement; letter to S. Davis; telephone conferences with D. Childs; telephone P. Brewer; telephone L. Juster; letter to L. Juster re Purchase Agreement. $2,437.50 Disbursements made for your account, for which bills have not yet been received, will appear on a later statement. C I T Y O F S T. A N T H O N Y P/E 10/31/88 A C C 0 U N T S P A Y A B L E VENDOR NAME NO. CHECK TYPE DATE AG�P E 1 CHECK CHECK N0. AMOUNT 06123 ARKLANO PARTNERSHIP M 10/01/88 01011 137.200.00 06124 TUSHIE-MONTGOMERY ASSOC M 10/01/88 01012 889000.00 06125 SALMEN BRINKMAN MARTINSON M 10/01/88 01013 499000.00 06126 KRAUS-ANOERSON M 10/01/88 01014 5,800.00 00630 DAVID CHILDS M 10/03/88 01015 306.00 06127 DAHLEN E DWYER INC M 10/03/88 01016 2,500.00 00820 DORSEY + WHITNEY M 10/03/88 01017 2043.02 06128 TWIN CITY HARLEY DAVIDSON M 1O/26/8E 01018 479081.54 06129 BILLS SHOE REPAIR M 10/26/88 01019 39715.31 06130 RUSS UNDERHILL M 10/26/88 01020 109000.00 06131 8 J ANTIQUES M 19/26/88 01021 29826.00 06132 ACS AUDIO WAREHOUSE M 10/26/88 01022 7,108.00 06133 FRANKS UPHOLSTERY M 10/26/88 01023 101.00 06134 TAYLOR MADE SPECIALTIES M 10/26/88 01024 366.00 06135 FEDERAL STATE RELOCATION M 10/26/88 01025 1,447.00 06129 BILLS SHOE REPAIR M 1+0/26/88 01026 856.00 06131 B J ANTIQUES M 10/26/88 01027 827.00 06135 FEDERAL STATE RELOCATION M 10/26/88 01028 159632.50 TYPE TOTAL 374009.37 TOTAL 374,809.37 RESIDENTIAL COMMERCIAL INDUSTRIAL FEDERAL - STATE RELOCATION CONSULTING SERVICE INC. 299 North Snelling Avenue St. Paul, Minnesota 55104 Phone: Area Code - 612-645-7329, 645.9171 To, Mr. Dave Childs, City Manager St. Anthony Village 3301 Silver lake Road St. Anthony, MN 55418 November 4, 1988 Relocation Consulting Services Provided for St. INVOICE NO. 2871 Anthony Commercial Center Project - October, 1988 thio November 4, 1988 165.50 Hours @ $65.00/Hour - TOTAL AMD= DUE; Services Provided; Administration File Set UP Telephone Calls Personal Contacts Deliver Gide Interviews Meetings with Movers Review of Immovable Fixture Appraisals Assembly of Payment Data Relocation Claim Documentation Review Relocation Claim Assembly Relocation Claim Preparation Meetings with Real Estate Managers � IO1-15'j,50`� Date: November 1, 1988 To: David Childs From: Jack Bagley Subject: Immovable Fixtures ACS Audio Warehouse 2515 Harding Street NE St. Anthony Village Commercial Center Project The attached listing represents the subject displaced business improvements at the site they were going to occupy in the commercial center. They have expended $9,342.90. I have inspected the site and the improvements have been installed. They will now become the property of the city. A receipt for payment of these fixturs should be prepared in the same manner as the previous receipts were done. Please issue a payment voucher in the amount of $9,342.00 made out to: ACS Audio Warehouse, Inc. 2515-18 Harding Street NE St. Anthony, MN 55418 If you have any questions regarding this payment request, please give me a call. Prepared by: J Bagley A istion el ation Consultant FEDERAL - STATE RELOCATION CONSULTING SERVICE 299 No. Snelling Ave. St. Paul. Minn. 55104 1612) 645.7329 or 645-9171 M I M M O V A B L E F I X T U R E S C H E D U L E — — — — — — — — — — — — — — — — — — — — — — PROPERTY REFERENCE: ACS Audio Warehouse, Inc. 2515 Harding St. NE Minneapolis, MN 55418 ITEM DATE OF REPORT: 10/25/88 NO. QTY. ITEM AND DESCRIPTION RCN Ir 1 1 DSC Security System 2362.00 with dial alert, 8 window contacts, 2 door contacts. 2 1 3 tier 2x4 frame press 200.00 board shelf assembly 6'W x 8'H x 10"D 3 1 4 tier 2x4 frame press 228.00 board shelf assembly 6'W x 8'H x 16"D 4 4 Wall mounted carpeted top work bench, 2"x4" frame, 81W x 4211H x 36"D 800.00 5 (LOT) 214 Sq Yd Commercial Grade Carpet Installed w/ Carpet Adhesive 3852.00 6 2 7Ox 8' Interior stud wall with sheetrock finish & 2 window rough in 1220.00 7 1 36"x 80" Hollow core door and frame 150.00 % DEP FMV 1226g PURCHASE AGREEMENT This Agreement is made and entered into as of , 1988 by and between OSBORNE PROPERTIES, a Minnesota limited partnership ("Owner"), and the HOUSING AND REDEVELOPMENT AUTHORITY OF ST. ANTHONY, MINNESOTA, a body corporate and politic under the laws of the State of Minnesota ("HRA"). A. Owner is the owner of certain real property in the County of Hennepin and State of Minnesota, legally described in Exhibit A attached hereto and made a Part hereof, together with all improvements, hereditaments and appurtenances thereunto belonging or in any way appertaining ("Property"). B. The HRA desires to purchase the Property and Owner is willing to sell the Property to the HRA on the terms and conditions hereinafter contained. In consideration of the foregoing, and in further consideration of the mutual covenants herein contained, it is hereby agreed as follows: 1. Sale. Owner hereby agrees to sell the Property to the HRA, and the HRA agrees to purchase the Property from Owner, for the price and subject to the terms and conditions of this Agreement. 2. Purchase Price. The purchase price to be paid by the HRA to Owner for the Property shall be Sixty Thousand and No/100 Dollars ($60,000.00) which amount shall be paid in cash on the Date of Closing. 3. Marketabilitv of Title. Owner shall, within 20 days following the date hereof, cause to be delivered to the HRA such Abstracts of Title or Registered Property Abstracts covering title to the Property as Owner may have in its possession, but Owner shall have no obligation to extend or bring current any such abstracts, nor shall Owner be required to deliver any abstracts which also happen to cover any part of Owner's Remaining Real Estate (as defined below). The HRA has obtained a Commitment for an ALTA Form B 1970 Owner's Policy of Title Insurance with respect to the Property ("Commitment"), issued by a title insurance company authorized to do business in the State of Minnesota as selected by the HRA ("Title"). The Commitment shall at the time of closing show fee title in which mechanic's liens could be filed, and that there are no other unrecorded interests in the Property of any kind. (c) A non -foreign affidavit containing the information required by IRC Section 1445(b)(2) and its regulations. (d) An Owner's Duplicate Certificate of Title for any portion of the Property registered under the Torrens system. (e) Signed agreements in form and substance acceptable to the HRA from all tenants and sub -tenants of Owner's real estate adjacent to the Property legally described on Exhibit C attached hereto and made a part hereof (the "Owner's Remaining Real Estate"), whereby all such tenants and sub -tenants acknowledge that the Property is not included within their respective leased premises, that they do not claim any rights to or interest in the Property, and that they do not claim and will not seek any compensation from the HRA or any other person or entity for the taking of a leasehold estate or for relocation costs. (f) Releases in recordable form, in form and substance acceptable to the HRA, for the rights of Owner and the rights of any holder of a mortgage given by Owner with respect to the easements and other interests described in paragraph 17 hereof. (g) If not previously filed of record, a release of the Property from the Mortgage dated January 19, 1983, recorded January 20, 1983, as Document No. 4766721, by Owner to Northwestern National Life Insurance Company, and a release of the Property from the Assignment of Rents and Leases dated January 19, 1983, recorded January 20, 1983, as Document No. 4766722, by Owner, to Northwestern National Life Insurance Company. The HRA shall also have the right to extend the Date of Closing, upon written notice to Owner, on or before the Date of Closing, in the event Owner have failed to deliver to the HRA any item or document required hereby within the time limits set forth herein. -3- (e) There is no action, litigation, investigation or proceeding of any kind pending or threatened against the Property or against Owner in connection with the Property to the best of Owner's knowledge. (f) Owner is duly qualified to transact business in the State of Minnesota and has the requisite power and authority to enter into and perform this Agreement and those closing documents signed by it; such documents have been duly authorized by all necessary partnership action and have been duly executed and delivered; such execution, delivery and performance by Owner of such documents does not conflict with or result in a violation of Owner's partnership agreement, or any judgment, order, or decree of any court or arbiter to which it is a party; such documents are valid and binding obligations of Owner, and are enforceable in accordance with their terms. (g) To the best of Owner's actual knowledge, Owner has not used the Property for the storage or disposal of hazardous substances or wastes and Owner has no actual knowledge that other persons or entities have so used the Property. To the best of Owner's actual knowledge, no above ground or underground tanks are located in or on the Property. (h) Owner has not entered into any other contracts for the sale of the Property, nor are there any rights of first refusal or options to purchase the Property or any other rights of others that might prevent the consummation of this Agreement. (i) There are no leases, occupancy agreements, rental agreements or similar rights of use or occupancy affecting the Property which will remain in effect as of the Closing Date. (j) To the best of Owner's knowledge and belief, Owner is not in default concerning any of its obligations or liabilities regarding the Property. (k) Owner is not a "foreign person", "foreign partnership", "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. -5- If to HRA: 3301 N.E. Silver Lake Road St. Anthony, Minnesota 55418 Each notice shall be deemed given to, or served upon, the party _ to whom addressed on the date the notice is deposited in the United States registered or certified mail, postage prepaid, properly addressed in the manner above provided. 14. Binding Eff_Qct. All covenants, agreements, warranties and provis9.ons of. this agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, representatives, successors and assigns. 15. Closing With Redevgloper. Notwithstanding anything to the contrary hereinabove contained, this Purchase Agreement is expressly contingent upon the simultaneous closinq of the sale of the Property to the Redeveloper. The Date of Closing provided for herein shall be extended to such later date as may be dictated by operation of the provisions hereof. If the sale to the Redeveloper has not occurred on or before February 1, 1989, then Owner and the HRA shall each have the right, at their option, to terminate this Agreement by written notice to the other party, in which event neither the HRA nor Owner shall be further liable hereunder. 16. (Intentionally Omitted] 17. Release of Other Interests. Owner, as the owner of Owner's Remaining Real Estate, is or may be a beneficiary of various easements and other interests encumbering portions of the parcel of land that the HRA will be selling to the Redeveloper. On the Date of Closing, in exchange for the payment of the purchase price hereunder and without any requirement of additional consideration, Owner will release any rights which it has in the easements and other interests listed in Exhibit D attached hereto and made a part hereof. 18. Reimbursement for Parking Lot Repairs. The HRA agrees to reimburse Owner for up to $10,000 in expenses incurred by Owner after the date hereof for (i) repairing the area of the boundary between the Property and Owner's Remaining Real Estate and for (ii) resurfacing the parking lot on Owner's Remaining Real Estate. The HRA shall pay Owner such amount upon receipt by the HRA of copies of invoices paid by the Owner for such work. It is understood and agreed that such payment of up to $10,000 by the HRA is in lieu of the payment of any relocation costs or other compensation to the Owner or to any tenants or subtenants of the Property or of Owner's Remaining Real Estate. The obligation of the HRA to reimburse Owner as specified in this paragraph shall survive and continue in full -7- EXHIBIT A Legal Description of Property That part of Block 4, "St. Anthony Village Commercial Center Addition No. 1" and of vacated Coolidge Street and of the vacated alley in said Block 4, as dedicated in said plat described as follows: Commencing at the Southeast corner of said Block 4; thence on an assumed bearing of North 00 degrees 34 minutes 00 seconds West along the East line of said Block 4, a distance of 200.00 feet to the Southeast corner of Lot 3 said Block 4; thence on a bearing of East along the Easterly extension of the South line of said Lot 3, a distance of 30.00 feet to the centerline of said Coolidge Street; thence North 00 degrees 34 minutes 00 seconds West along said centerline, 51.32 feet to the point of beginning of the parcel to be described; thence on a bearing of West 30.00 feet to said East line; thence North 62 degrees 17 minutes 00 seconds West, 224.67 feet; thence North 27 degrees 43 minutes 00 seconds East, 154.90 feet; thence South 32 degrees 59 minutes 23 seconds East, 288.06 feet to the point of beginning. EXHIBIT C Owner's Remaining Real Estate