101915completeagenda CITY OF RICHFIELD, MINNESOTA
MONDAY, OCTOBER 19, 2015
RICHFIELD MUNICIPAL CENTER
6700 PORTLAND AVENUE .
REGULAR HOUSING AND REDEVELOPMENT AUTHORITY MEETING
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
Call to order
1. Approval of the minutes of the (1) Regular HRA Meeting of Sepfiember 21, 2015 and
(2) �pecial City Council, HRA and Planning Commission Worksession of September
22, 2015
2. HRA approval of the agenda
3. Consideration of a resolution approving a pre-development agreement and right-of-
entry agreement between the Richfield HRA and Cedar Pt II, LLC for development of
the Cedar Point Housing redevelopment area
Staff Report No. 33
'4. Consideration of a resolution approving the preliminary development agreement and -
right-of-entry agreement between the Richfield HRA and Inland Partners, LLC for
development of the Cedar Point South area
Staff Report No. 34
5. HRA discussion items
6. Executive Director report
7. Claims and payroll
Adjournment
Auxiliary aids for individuals with disabilities are available upon request. Requests must
be made at least 96 hours in advance to the City Clerk at 612-861-9738.
HOUSING AND REDEVELOPMENT
� � , ` AUTHORITY MEETING MINUTES
��J'�'� Richfield, Minnesota
�
� Regular Meeting
September 21 , 2015
CALL TO ORDER
The meeting was called to order by Chair Supple at 7:00 p.m.
ATTENDANCE
HRA Members Mary Supple, Chair; David Gepner; Debbie Goettel; Pat Elliott
Present: and Doris Rubenstein.
Staff Present: Steven L. Devich, Executive Director(arrived 7:09 p.m.); John Stark,
Community Development Director; and Karen Barton, Assistant Community
Development Director.
Item #1 APPROVAL OF THE MINUTES OF THE (1) SPECIAL CONCURRENT CITY
COUNCIL, HRA AND PLANNING COMMISSION WORKSESSION OF AUGUST 11,
2015 AND (2) REGULAR HRA MEETING OF AUGUST 17, 2015
M/Gepner, S/Goettel to approve the minutes.
Motion carried 5-0.
Item #2 HRA APPROVAL OF AGENDA
M/Goettel, S/Gepner to approve the aqenda. .
Motion carried 5-0.
Item #3 CONSENT CALENDAR
A. Consideration of the approval of a resolution accepting contributions for the 2015 Richfield
in Bloom Award S.R. No. 26
HRA RESOLUTION NO. 1209
RESOLUTION AUTHORIZING RICHFIELD COMMUNITY DEVELOPMENT DEPARTMENT TO
ACCEPT DONATIONS FROM THE LISTED BUSINESSES FOR DESIGNATED USES
This resolution appears as HRA Resolution No. 1209.
HRA Meeting -2- September 21,2015
B. Consideration of the approval of a proposed adjustment of payment standard for the Section
8 Rent Assistance Program S.R. No. 27
M/Rubenstein, S/Elliott to aqprove the Consent Calendar.
Motion carried 5-0.
Item #4 PUBLIC HEARING AND CONSIDERATION OF A RESOLUTION AUTHORIZING
THE SALE OF 7309-10TH AVENUE TO KEY LAND HOMES AND A CONTRACT
FOR PRIVATE DEVELOPMENT WITH KEY LAND HOMES FOR THE
CONSTRUCTION OF A SINGLE FAMILY HOME UNDER THE RICHFIELD
REDISCOVERED PROGRAM STAFF REPORT NO. 28
Assistant Community Development Director Barton reviewed Staff Report No. 28.
Commissioner Gepner inquired as to how the builder became aware of the program.
Travis Ryan, owner of 7309— 10th Avenue, responded that he and his wife identified the lot
and then sought a builder.
Commissioner Goettel asked about the process and if there are multiple applicants.
Assistant Community Development Director Barton responded that staff looks at date
received, completeness of application and the conformity with program goals.
Keith Horkey, Vice President of Key Land Homes, stated their excitement with constructing
the home and participating in the Richfield Rediscovered Program.
M/Rubenstein, S/Elliott to close the public hearinq.
Motion carried 5-0.
M/Goettel, S/Rubenstein that the followinq resolution be approved:
HRA RESOLUTION NO. 1210
RESOLUTION AUTHORIZING THE SALE OF REAL PROPERTY LOCATED AT
7309 10TH AVENUE TO KEY LAND HOMES
Motion carried 5-0. This.resolution appears as HRA Resolution No. 1210.
Item #5 CONSIDERATION OF THE RICHFIELD HRA TAX INCREMENT DISTRICT
STATUS UPDATE STAFF REPORT NO. 29
Rebecca Kurtz, Ehlers &Associates, presented the Richfield HRA Tax Increment District
status update as indicated in Staff Report No. 29.
Ms. Kurtz stated that the HRA was in a position to meet all of its financial obligations of its
tax increment districts. She went on to present detailed information on each district.
There was general discussion regarding the Lyndale Gateway West TIF District.
M/Rubenstein, S/Elliott to approve the Richfield HRA Tax Increment District Status Update.
Motion carried 5-0.
HRA Meeting -3- September 21,2015
Item #6 CONSIDERATION OF A PRELIMINARY DEVELOPMENT AGREEMENT AND A
RIGHT-OF-ENTRY AGREEMENT BETWEEN MESABA CAPITAL DEVELOPMENT,
LLC AND THE RICHFIELD HRA RELATING TO THE PROPOSED DEVELOPMENT
OF THE FORMER CITY PUBLIC WORKS SITE STAFF REPORT NO. 30
Assistant Community Development Director Barton reviewed Staff Report No. 30.
Commissioner Rubenstein stated that she had serious reservations about this project at this
location. She stated her reasons for her unfavorable view of the project.
Commissioner Gepner asked how this project is better than the previous project proposal for
100% affordable housing.
Assistant Community Development Director Barton responded that the former project was a
much denser project. A neighborhood meeting was held and the neighbors do not seem to object
to the current proposed project.
Commissioner Goettel stated other developers have tried to make other housing projects
work here and the numbers did not work.
Community Development Director Stark stated staff felt only the lower third of the project
area could be used for commercial development. Mr. Stark stated that the costs of developing this
site are very difficult.
Commissioner Elliott stated that he felt it was time to move on and to develop this site.
Chair Supple stated that this project fills a need for memory care in the City.
M/Goettel, S/Elliott to approve the Preliminarv Development Aqreement and a Riqht-of-Entrv
Aqreement between Mesaba Capital Development LLC and the Richfield HRA relatinq to the
proposed development of the former Citv public works site.
Motion carried 5-0.
Item #7 CONSIDERATION OF A PROPOSAL BY JLG ARCHITECTS TO PRODUCE A
CEDAR CORRIDOR MASTER PLAN UPDATE STAFF REPORT NO. 31
Community Development Director Stark reviewed Staff Report No. 31.
Commissioner Gepner asked if the market was impacting the decision for the updated plan.
Community Development Director Stark responded that it was.
M/Goettel, S/Elliott to approve the proposal bv JLG Architects to produce a Cedar Corridor
Master Plan Update.
Motion carried 5-0.
Item #8 CONSIDERATION OF A TRANSFORMATION HOME LOAN APPLICATION
SUBMITTED BY COMMISSIONER DEBBIE GOETTEL OF 6525 JAMES AVENUE
STAFF REPORT NO. 32
Assistant Community Development Director Barton reviewed Staff Report No. 32.
Chair Supple called for a roll call vote.
HRA Meeting -4- September 21,2015
M/Elliott, S/Rubenstein to approve of a Transformation Home Loan application submitted bv
Commissioner Debbie Goettel of 6525 James Avenue.
Motion carried 4-0. (Supple, Gepner, Rubenstein, Elliott voted yea; Commissioner Goettel
recused herself from this item due to a conflict of interest)
Item #9 HRA DISCUSSION ITEMS
There was general discussion on the success of Open Streets at PennFest.
Commissioner Goettel commended the work on the Cedar Corridor Master Plan.
Item #10 EXECUTIVE DIRECTOR REPORT
None.
Item #11 CLAIMS AND PAYROLL
M/Goettel, S/Elliott that the followinq claims and pavrolls be approved:
U.S. BANK 09/21/15
Section 8 Checks: 127024-127105 $ 152,332.30
HRA Checks: 32403-32442 $ 36,673.58
TOTAL $ 189,005.88
Commissioner Rubenstein asked about two expenditures.
Staff explained the expenditures.
Motion carried 5-0.
ADJOURNMENT
The meeting was adjourned by unanimous consent at 8:12 p.m.
Date Approved: October 19, 2015
Mary B. Supple
HRA Chair
Steven L. Devich Steven L. Devich
Acting City Clerk Executive Director
HOUSING AND REDEVELOPMENT
AUTHORITY MINUTES
�� ' Richfield, Minnesota
/ J � � •� �, �
`��V�' ' Concurrent Housin and
� ��� Special g
�, Redevelopment Authority, City Council
And Planning Commission Worksession
September 22, 2015
CALL TO ORDER
The concurrent worksession was called to order by Mayor Goettel at 6:00 p.m. in the
Bartholomew Room.
Council Members Debbie Goettel, Mayor; Edwina Garcia; Pat Elliott; Michael Howard; and
Present: Tom Fitzhenry.
HRA Members Mary Supple, Chair; Pat Elliott; and Debbie Goettel.
Present:
HRA Member poris Rubenstein and Dave Gepner.
Absent:
Planning Commission Rick Jabs, Chair; Sean Hayford Oleary; Erin Vrieze Daniels; Daniel
Members Present: Kitzberger; and Charles Standfuss.
Planning Commission Susan Rosenberg and Gordon Vizecky.
Member Absent:
Staff Present: Steven L. Devich, City Manager/Executive Director; John Stark, Community
Development Director; Karen Barton, Assistant Community Development
Director; and Cheryl Krumholz; Executive Coordinator.
Item #1 DISCUSSION REGARQING CEDAR CORRIDOR REDEVELOPMENT PROPOSALS
(COUNCIL MEMO NO. 84/HRA MEMO NO. 32)
City Manager/Executive Director Devich stated Interstate Partners, one of the two developers
for the Cedar Corridor Redevelopment scheduled for this evening, requested their presentation be
postponed to October.
Ken Carlson, Anderson Companies, presented two preliminary proposals for a multi-family
rental housing development south of 66th Street between 17th Avenue and Cedar Avenue. Option A
included development along both sides of Richfield Parkway with a 30 mph roadway. Option B
included a majority of the development on the westside of the Parkway with a 25 mph roadway.
Mr. Carlson reviewed both concept site plans, including parking, stormwater ponding, design
standards to address airport noise, Three Rivers Park District bike path, outreach to neighborhood,
and construction timeline.
The City Council, HRA and Planning Commission consensus was to have Anderson
Companies proceed with Option A and return with more details.
Special Worksession Minutes -2- September 22, 2015
Community Development Director Stark, at Mayor Goettel's request, summarized the
Interstate Partners concept plans for development of six parcels located at the southwest corner of
the roundabout at 66th Street and Richfield Parkway with a preferred use as a medical office.
Mr. Stark stated the HRA has approved JLG Architects to update the Cedar Corridor Master
Plan to integrate different users.
The concurrent worksession was adjourned by unanimous consent at 6:37 p.m.
Date Approved: October 19, 2015.
Mary B. Supple
Chair
Cheryl Krumholz Steven L. Devich
Executive Coordinator Executive Director
AGENDA ITEM#: 3
REPORT#: 33
STAFF REPORT
� � : HOUSING AND REDEVELOPMENT
f °j �f� ' ' �` � AUTHORITY MEETING
� i ' � : " OCTOSER 19, 2015
,;
REPORT PREPARED BY: ��N BARTON, COMMUNITY
DEVELOPMENT ASSISTANT DIRECTOR
NaMr, T���r,r
REPORT PRESENTER: ��N BARTON, COMMUNITY
DEVELOPMENT ASSISTANT DIRECTOR
NAMI:',TI'I7.B
DEPARTMENT DIRECTOR REVIEW: �
" SIGNAT E
� i
' !
REVIEWED BY EXECUTNE DIRECTOR: ��� ' `� �-�� � � T
, r � �-
;
,
, �=
_�_...__.�.
�.�_..,.:-..._._..____--� ,
,
ITEM FOR HRA CONSIDERATION:
Consideration of a Resolution approving a Pre-Development Agreement and Right-of-Entry
Agreement between the Richfield Housing and Redevelopment Authority and Cedar Pt II, LLC
for develo ment of the Cedar Point Housin redevelo ment area.
I. RECOMMENDED ACTION:
By Motion: 1) Approve the Resolution approving the Preliminary
Development Agreement and the Right-of-Entry Agreement between
the Richfield Housing and Redevelopment Authority and Cedar Pt II,
LLC relating to the proposed development of the Cedar Point Housing
redevelopment area; and 2)�Authorize execution of both Agreements
by the Housing and Redevelopment Authority Chair and Executive
Director.
II. EXECUTIV� SUMMARY
At the June 23, 2015 City Council meeting and the July 20, 2015 Housing and
Redevelopment Authority (HRA) meeting, the City Council and HRA, respectively,
accepted the preliminary proposal of the Boisclair Corporation (d/b/a Cedar Pt II,
LLC) (Developer) for the redevelopment of the Cedar Point Housing redevelopment
area. Following the HRA meefing, staff began working with the Developer to
negotiate a Preliminary Development Agreement for the development of the Cedar
101915—Cedar Pt II LLC Pre Dev&Right of Entry agrmnts.docx
Point Housing redevelopment area (bounded by 63rd Street to the north; 16th
Avenue to the west, Richfield Parkway to the east, and 65th Street to the south).
The Preliminary Development Agreement provides for the support and cooperation
of the HRA relating to the Developer's efforts to develop a feasible proposal in
exchange for the Developer undertaking the activities described in the Preliminary
Agreement. The Agreement would also prohibit the HRA from soliciting other
proposals or entering into any agreement with a different developer in association
with this site
The Right-of-Entry Agreement allows the Developer to enter the properties for the
purpose of conducting land surveys, geotechnical testing, and other related studies.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
• The Developer presented a Preliminary Concept Plan for development
of the property to the HRA, City Council and Planning Commission on
May 12, 2015.
• The Developer held a public neighborhood meeting on August 8, 2015
to garner feedback from residents in the area. Letters were direct-
mailed to residents and information about the meeting was posted on
the City's Facebook page and Twitter. Approximately 40 residents
attended the neighborhood meeting.
• The Preliminary Development Agreement requires the Developer to:
o Present a detailed plan to acquire the remaining,
privately-owned properties in the development area by
November 10, 2015;
o Complete a general development plan for Sketch Plan
Review by HRA/City Staff no later than November 16,
2015;
o Provide a Market Study by December 31, 2015;
o Provide the HRA with a financial feasibility analysis of
the Project, including sources and uses and a Project
pro-forma by January 22, 2016.
• The Preliminary Development Agreement states that the HRA:
o Agrees to cooperate with the Developer and utilize its
best efforts to accomplish the objectives stated above,
including possible tax increment financing;
o Will not solicit proposals from any third party or respond
to offers regarding the proposed sale or development of
the HRA property, will not sell or encumber the HRA
property, and will not enter into any agreement for
development of the HRA property during the term of the
Agreement.
• The Preliminary Development Agreement requires both the HRA and
Developer to:
o Attempt in good faith to negotiate the terms of a
purchase agreement for the conveyance of the HRA
property to Developer by February 1, 2016; and
o Attempt in good faith to negotiate the terms of a contract
for private development on or before February 1, 2016.
B. PoLicY
. 2008 Comprehensive Plan:
o Maintain a housing sup�ly that meets changing needs
while sustaining the integrity of existing neighborhoods;
o Maintaining a diversity of housing types and prices
ranges.
C. CRITICAL TIMING ISSUES
. The term of each of the Agreements expires on May 1: 2016.
. The Preliminary Development Agreement can be terminated by either
party upon five (5) days written notice.
D. FINANCIAL
. The Preliminary Development Agreement provides for the
reimbursement of all out-of-pocket administrative costs, including
nominal staff time, incurred by the HRA relating to the negotiation and
preparation of the Agreement and other documents and agreements
in connection with the activities and the prospective development
project.
. The development is in an existing Tax Increment Financing (TIF)
Redevelopment District. Any financial assistance to the development
through TIF would require verification of necessity and approval by the
City Council and HRA.
E. LEGAL
. The HRA attorney drafted the Preliminary Development Agreement.
. Eventual redeyelopment of the HRA property will be in accordance
with a Contract for Private Development or other agreements.
IV. ALTERNATIVE RECONIMENDATION(S
. Do not approve the Preliminary Development Agreement and/or Right-of-
Entry Agreement.
. Approve the Preliminary Development Agreement and/or Right-of-Entry
Agreement with modifications.
V. ATTACHMENTS
. Resolution
. Preliminary Development Agreement.
. Right-of-Entry Agreement.
. Map of development area.
. Preliminary site plan.
VI. PRINCIPAL PARTIES EXPECTED AT MEETING
. Representatives of Cedar Pt II, LLC
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENTS WITH THE CITY OF RICHFIELD AND CEDAR PT II,
LLC
WHEREAS,the Richfield Housing and Redevelopment Authority{the"Authority")is the owner of certain
property located within the City of Richfield(the"Properties"); and
WHEREAS, Cedar Pt II, LLC, a Minnesota limited liability company (the "Developer") has proposed
purchasing the Properties from the Authority for the purpose of developing a multifamily housing development
consisting of approximately 200 units thereon(the"Project"); and
WHEREAS, prior to moving forward with the Project, the Developer has requested that its consultants
enter the Properties to conduct geotechnical testing, environmental assessments, and other related studies and to
conduct land surveys of the Properties to determine the suitability of the Properties for tfie development of the
Project; and
WHEREAS, the Board of the Authority has been presented with a Preliminary Development Agreement
(the"Preliminary Development Agreement")proposed to be entered into between the Authority and the Developer,
which sets forth the Developer's intentions and the conditions under which the Developer will undertake the
Project; and
WHEREAS, the Board of the Authority has also been presented with a Right of Entry Agreement (the
"Right of Entry Agreement") proposed to be entered into between the Authority and the Developer, pursuant to
which the Authority will allow the Developer and its employees, consultants, agents, and contractors to enter the
Properties to conduct the proposed testing and studies; and ,
WHEREAS, the Authority has reviewed the Preliminary Development Agreement and the Right of Entry
Agreement and finds that the execution thereof by the Authority and performance of the Authority's obligations
thereunder are in the best interest of the Citiy and its residents;and
NOW,THEREFORE,BE IT RESOLVED, by the Housing and Redevelopment Authority in and for the
City of Richfield,Minnesota as follows:
1. The Preliminary Development Agreement and the Right of Entry Agreement presented to the
Authority and on file with the Community Development Director are hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the Chairperson and Executive
Direetor;provided that execution of such documents by such officials shall be conclusive evidence of approval.
2. The Chairperson and Executive. Director are hereby authorized to execute the Preliminary
Development Agreement and the Right of Entry Agreement on behalf of the Authority and to carry out on behalf of the
Authority the Authority's obligations thereunder.
Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this
19th day of October,2015.
Mary Supple, Chair
ATTEST:
Doris Rubenstein, Secretary
469508v1 JAE RC125-348
PRELIMINARY DEVELOPMENT AGREEMENT
THIS PRELIMINARY DEVELOPMENT AGREEMENT (the "Agreement") is
made and entered into this 19th day of October, 2015, by and between the Housing and
Redevelopment Authority in and for the City of Richfie 1 d, Minnesota, a Minnesota public body
corporate and politic ("HRA") and Cedar Pt II, LLC, a Minnesota limited liability company (the
"Developer").
RECITALS:
First: The Developer and the HRA have been engaged in informal discussions regarding
the possible development of certain land that is generally shown in the attached Exhibit A
(the "Project Area");
Second: The Developer is proposing redevelopment within the Project Area which will
consist of a multifamily housing development consisting of approximately 200 units , not
to exceed 20% affordable units (hereinafter the "Project");
Third: Based on initial reviews of the proposal, it appears that the Project is potentially
feasible; however, further review and detail are needed;
Fourth: The parties wish to cooperate in further analyzing the potential and feasibility of
the Project and are willing to proceed with such analysis as described in this Agreement;
Fifth: The parties acknowledge that the Developer will expend substantial time and
effort, and incur substantial expense in pursuing the Project;
Sixth: The Developer is willing to undertake the activities described in this Agreement
only with the reasonable assurance from the HRA that it will support and cooperate with
the Developer in its efforts;
Seventh: The HRA and the Developer have executed this Agreement to document their
understanding with respect to the proposed Project.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows:
1. Statement of Intent.
It is the intention of the parties that during the term of this agreement the following
activities will take place: �
(a) Plan Review and Refinement. The Developer w'ill complete and provide the
general development plan, including parking layout and design, to the City and
HRA for review and comment. This submission shall be made no later than
1
November 16, 2015 as an Application for Sketch Plan Review. This Review
involves a staff review of the general development plan by City staff. Following
the Sketch Plan Review, the Developer will undertake any additional studies or
refinements to the General Development Plan for the Project that are necessary
to determine that the plan(i) complies with the City's land use requirements; and
(ii) provide sufficient detail to permit the reviews described in paragraph (d)
below. Upon completion of the staff-level Sketch Plan Review, either party may
request that the General Development Plan be brought before a work session of
the City Council and/or HRA.
(b) Financial Feasibilitv. The Developer will provide to the HRA a financial
feasibility analysis of the Project, including a detailed sources and uses of all
funding and all expenditures expected for the construction of the Project and a
Project pro forma by January 22, 2016. The financial feasibility analysis should
specify what financing will be obtained for the Project and from what sources
and the amount of equity to be contributed to the Project.
(c) Market Studv. The Developer will also provide the HRA with a market study for
the Project by December 31, 2015.
(d) HRA Analysis of Project. Following the receipt from the Developer of the
information set forth in Section 1(a) and (b), the HRA's fiscal consultant will
conduct a financial analysis of the Developer and the Project. The purpose of the
HRA's analysis is to determine the Developer's ability to finance the proposed
Project. The analysis will consider such factors as the Developer's capability to
arrange for financing, the anticipated level of assistance available to the Project
from the HRA or other sources, and the Developer's ability to provide equity to
the Project.
(e) Acquisition of HRA Properties. The HRA currently owns 16 properties and is in
the process of acquiring an additional property in the Project Area. The
properties that are owned by the HRA are hereinafter referred to as the "HRA
Property." The HRA understands that in order for the Project to proceed, the
Developer must purchase the HRA Property. The Developer understands that
the HRA Property will have special assessments levied against it in 2014 which
the Developer will be expected to pay as part of the purchase price of the HRA
Property. The amount of the special assessments to be levied against the HRA
Property is $780,000.
(� Private Properties. The remaining properties in the Project Area are owned by
private parties. In order for the Project to proceed, the Developer must purchase
all of the Project Area. The Developer will provide the HRA with a detailed
plan to obtain the remaining private properties by November 10, 2015.
(g) Purchase Agreement. On or before February 1, 2016, the parties will attempt in
good faith to negotiate the terms of a purchase agreement (the "Purchase
Agreement"), which will provide the terms and conditions necessary for the
HRA to convey the HRA Property to the Developer. The conveyance of the
2
HRA Property to the Developer is solely within the discretion of the Board of the
HRA. The Board of the HRA must hold a duly noticed public hearing before
determining whether to convey the HRA Property to the Developer. The HRA
will not convey the HRA Property to the Developer unless the Developer has
entered into agreements to purchase all of the remaining private properties in the
Project Area needed for the Project.
(h) Contract Negotiation. On or before February 1, 2016, the parties will attempt in
good faith to negotiate the terms of a contract for private development (the
"Contract") which will provide the nature and timing of the private
improvements to be constructed, the form, the amount and conditions of any
economic assistance to be provided by the HRA in aid of the Project. The
Contract will contain such additional terms as either party believes are necessary
for the transaction.
(i) Right of Entry. The HRA and the Developer will enter into an agreement
providing the Developer with the right to enter the HRA Properties so that the
Developer may determine if the HRA Properties are suitable for the Developer's
intended uses.
2. Undertakin�by Developer.
During the term of this Agreement, the Developer will undertake all of the activities
necessary, in the Developer's discretion, to accomplish the activities described in
paragraph 1 required to be performed by the Developer.
3. HRA's Undertakin�and Agreement.
(a) The HRA agrees to cooperate with the Developer in the Developer's
undertakings, agrees to utilize its best efforts, subject to the Developer's
performance, to accomplish the activities described in paragraph 1 above, which
includes an analysis of the financial feasibility of the Project and the nature, area,
and financial implications of any tax increment district which might be
established.
(b) The HRA further agrees that during the term of this Agreement the HRA will not:
(i) provide or enter into an agreement for development or the provision of
financial assistance to any third party in connection with any proposed
development of the HRA Property, (ii) solicit proposals from any third party or
respond to offers regarding any proposed .sale or development of the HRA
Property, or (iii) sell or encumber the HRA Property. It is the intention of this
provision that, during the term of this Agreement, the Developer shall have the
exclusive right to negotiate the acquisition of and to acquire the HRA Property.
4. Term.
This Agreement is effective from the date hereof through May l, 2016, unless extended
with approval of the HRA's Board of Commissioners, provided, in the event either party,
3
after consultation with the other party, determines in good faith that the other party is not
diligently pursuing the Project or its obligations hereunder; or the Developer determines,
in good faith, that the Project is not feasible, such determining party may terminate this
Agreement upon thirty days written notice to the other. The HRA may also terminate this
Agreement for failure of the Developer to provide additional funds pursuant to Section 5
below. The parties each waive any claim or cause of action that they may have against
the other party based upon the termination of this Agreement by such other party. The
parties may, by mutual written agreement, extend this Agreement for such further periods
as determined to be appropriate from time to time.
5. Administrative Costs of HRA. The Developer agrees and understands that it is
responsible for and will pay to the HRA all out-of-pocket costs incurred by the HRA
(including reasonable staff time, attorney and fiscal consultant fees) in the negotiation
and preparation of this Agreement and other documents and agreements in connection
with the activities and the Project contemplated hereunder (collectively, the
"Administrative Costs"), in an amount not to exceed $25,000. Administrative Costs
shall be evidenced by invoices, statements or other reasonable written evidence of the
costs incurred by the HRA.
With the execution of this Agreement,the Developer will deliver a deposit to the HRA in
the amount of $15,000 (the "Deposit") to pay Administrative Costs. At any time the
Deposit drops below$5,000,the Developer shall replenish the deposit to the full $15,000
within 30 days after receipt of written notice thereof from the HRA. The HRA shall
provide invoices to the Developer for all payments deducted from the Deposit. At any
time the Deposit is insufficient to pay invoices related to the Project, the HRA will ask
for additional Deposits from the Developer. If the additional Deposit is not made within
30 days following the date of such request, the HRA may elect to either suspend its
performance under this Agreement or terminate this Agreement. Such suspension or
termination will be effective on the date it is given in writing, or on such later date
specified in the notification. Any unexpended or unencumbered portion of the Deposit
shall be returned to the Developer upon the expiration or termination of this Agreement.
6. Termination of A�reement: This Agreement may be terminated upon five (5) days
written notice by a party to the other party if:
(a) in the respective sole discretion of any party, an impasse has been reached in
the negotiation or implementation of any material term or the completion or execution of
any material condition of this Agreement or the contract for private development; or
(b) a party fails to perform any of its obligations under this Agreement.
7. Exclusive Development Rights. During the term of this Agreement, the HRA agrees that
they will not negotiate or contract with any other party concerning the sale or
development of the Development Property. The Developer shall not assign or transfer its
rights under this Agreement in full or in part without the prior written consent of the
HRA.
4
8. Miscellaneous.
(a) This Agreement constitutes the entire agreement between the parties relative to
the proposed Project. Unless specifically described herein, no obligation shall be
inferred or construed.
(b) Redevelopment of the HRA Property will be in accordance with a contract for
private development or other agreements which the parties shall, in good faith,
attempt to negotiate during the term of this Agreement.
(c) The Developer understands that further and separate action, for which no
obligation is created hereunder, will be required before the HRA or the Developer
is obligated to take various actions with respect to the Project. Those actions may
include,without limitation:
1) Public Hearing before the Board of the HRA prior to conveyance of HRA
Property;
2) A modification of the existing tax increment project plan and existing tax
increment district, if necessary, and/or the creation of a new housing tax
increment district by the City Council and the Board of the HRA;
3) Zoning and subdivision approvals to the extent any are required;
4) Construction of public improvements to serve the Project; and
5) Negotiation of and approval of a contract for private development
(d) The Developer further understands that many of the actions which the HRA or
the City may be called upon to take require the reasonable discretion and in some
instances the legislative judgment of the HRA or the City, such actions may be
made only following established procedures; and HRA may not, by agreement,
agree in advance to any specific decision in such matters.
(e) Information obtained from the Developer in connection with this analysis will be
subject to such confidentiality provisions as are required by the Developer and
permitted by law.
(� Notice or demand or other communication between or among the Parties shall be
sufficiently given if sent by certified or registered mail; postage prepaid, return
receipt requested or delivered personally:
5
Cedar Pt IILLC
3033 Excelsior Blvd
Suite 215
Minneapolis, MN 55416
Attn: Lori Boisclair
Email:
Richfield Housing and Redevelopment Authority
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, Executive Director
Email:
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and
year first above written.
HOUSING AND REDEVELOPMENT Cedar Pt II, LLC
AUTHORITY IN AND FOR THE CITY OF a Minnesota limited liability company
RICHFIELD, MINNESOTA
By: BY�
Mary Supple Lori Boisclair
Its: Chair Its: Chief Manager
By:
Steven Devich
Its: Executive Director
6
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT(the "Agreement") is made and entered into this
19th day of October, 2015, by and between the Housing and Redevelopment Authority in and for
the City of Richfie 1 d, Minnesota, a Minriesota public body corporate and politic ("Owner") and
Cedar Pt II, LLC, a Minnesota limited liability company (``Developer").
RECITALS
First: the Owner is the fee simple owner of the real estate located at the addresses identified
and legally described on the attached Exhibit A("HRA Properties").
Second: The Developer is investigating the possibility of purchasing the HRA Properties
for the purpose of redevelopment.
Third: The Developer wishes to have its consultants conduct geotechnical testing, and other
. related studies on the HRA Properties in order to identify whether the HRA Properties are suitable
for the Developer's intended uses. Developer has requested that the Owner grant the Developer, its
employees, agents and contractors, the right to enter the HRA Properties to conduct said testing and
studies.
Fourth: The Developer also desires to secure the consent of the Owner to enter the HRA
Properties for the purpose of conducting land surveys of the HRA Properties. Developer has
requested that Owner grant its consent to the entry of these additional consultants onto the HRA
Properties to conduct their studies.
Fifth: It is understood that in executing this agreement, the Owner will not be granting (a)
any permanent interest in the HRA Properties to the Developer, or (b) exclusive use or possession
of the HRA Properties to the Developer.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows:
1. Ri�ht of EntrX. Effective upon the date hereof, the Owner hereby grants to the
Developer, its agents, employees, contractors and invitees, and such other consultants as the
Developer may elect (collectively, "Consultants") the right to enter upon the HRA Properties, for
the purpose of carrying out the activities described in the third and fourth recital above (the
"Permitted Activities")relative to the Developer's possible purchase of the HRA Properties.
2. Consideration. In consideration for such right of entry, Developer agrees to:
(a) Notify the Owner of the date and time that work by the Developer or its Consultants
on the HRA Properties will commence under this Agreement, which notice shall be
at least three (3) business days prior to doing any work on the HRA Properties in
S-1
order to permit the Owner's employees or consultants retained by the Owner to be
present during the time any work is being done by the Developer or its Consultants;
(b) Secure all appropriate governmental approvals and permits for any work that will
occur within public streets adjacent to the HRA Properties;
(c) Provide a copy of a11 test results and reports prepared by the Developer's employees
or Consultants (except appraisal reports) evaluating the conditions present on the
HRA Properties to the Owner as soon as reasonably possible following final
completion thereof.
(d) Dispose of all solid waste generated during the course of the Developer's sampling
activities and other work on the HRA Properties in accordance with applicable
federal, state and local laws,rules and regulations.
(e) Do the work in the shortest period of time reasonably necessary to complete the
Permitted Activities under this Agreement as the Developer, in its sole discretion,
shall elect to undertake;
(� Use the HRA Properties only for the purposes described herein and not park or store
any equipment on the HRA Properties, except during the limited periods of time
when the work on the HRA Properties which is contemplated by this Agreement is
actually in progress;
(g) Do no unnecessary damage to the HRA Properties and restore the HRA Properties to
substantially the same condition as the condition in which it was found by the
Developer at the time of the Developer's or its Consultants' entry upon the HRA
Properties pursuant to this Agreement;
(h) The Developer agrees to indemnify, save harmless, and defend the Owner and its
officers and employees, from and against any and all claims, actions, damages,
liability and expense in connection with personal injury and/or damage to the HRA
Properties arising from or out of any occurrence in, upon or at the HRA Properties
caused by the act or omission of the Developer or its Consultants in conducting the
Permitted Activities on the HRA Properties, except (a) to the extent caused by the
negligence, gross negligence, willful misrepresentation or any willful or wanton
misconduct by the Owner, its officers, employees, agents or contractors; (b) to the
extent caused by a "Pre-Existing Condition" as defined in this paragraph 2; and (c)
caused by the acts or omissions of anyone not within the Deveioper's control,
including without limitation, the Owner and its officers, employees, agents or
contractors. "Pre-Existing Condition" shall mean any condition caused by the
existence of hazardous substances or materials in, on, or under the HRA Properties,
including without limitation hazardous substances released or discharged into the
drainage systems, soils, groundwater, waters or atmosphere, which condition
existed as of the date of this Agreement and became known or was otherwise
S-2
disclosed or discovered by reason of the Developer's Consultants' entry onto the
HRA Properties; .
(i) The Developer shall not permit any mechanics', materialmens' or other liens to
stand against the HRA Properties or any part thereof for work or materials furnished
to the Developer in connection with the right of entry granted pursuant to this
Agreement and the Developer agrees to indemnify, defend and hold harmless the
Owner from and against the same.
(j) The Developer shall ensure that its Consultants or their contractors or invitees which
enter the HRA Properties pursuant to this Agreement shall carry insurance during
the time any work is done on the HRA Properties in accordance with the following
minimum requirements:
A. Workers' Compensation Insurance with limits as provided by statute,
with all necessary statutory elections to provide coverage for and/or claims made by
any person doing work on the�IRA Properties pursuant to this Agreement;
B. Employer's liability insurance (often included as coverage (b) in the
Workers' Compensation policy)with limits of at least$100,000;
C. Comprehensive Auto (and truck) Liability Insurance with minimum
combined single limits of$1 million per occurrence;
D. Comprehensive General Liability Insurance (including coverage for
contractual liability, products and completed operations liability, liability arising out
of explosion, or underground related incidents) with minimum combined single
limits of $1 million per occurrence. In addition, the Comprehensive General
Liability policy shall include the Owner and the Developer as additional insureds
with respect to work done on the HRA Properties.
(k) If the Developer or its Consultants remove a sample or portion of the HRA
Properties for investigation, monitoring or testing or obtains any data or issues any
report,it must give the Owner a copy of any data or report.
3. �iration. The right of entry provided under this Agreement will automatically
expire on May 1, 2016.
4. Governin�. This Agreement shall be interpreted in accordance with the laws of
the state of Minnesota.
5. Notices and Demands. All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally, sent by overnight or same day courier, transmitted by facsimile, or
mailed by certified mail,return receipt requested,postage prepaid,properly addressed as follows:
S-3
Cedar Pt II, LLC
3033 Excelsior Blvd �
Suite 215
Minneapolis, MN 55416
Attn: Lori Boisclair
Email:
Richfield Housing and Redevelopment Authority
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, Executive Director
Email:
Or to such other persons as the parties may from time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
6. Amendment. This Agreement may be amended by the parties hereto only by written
instrument executed with the same procedures and formality as were followed in the execution of
this Agreement.
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and
year first above written.
HOUSING AND REDEVELOPMENT Cedar Pt II, LLC
AUTHORITY IN AND FOR THE CITY OF a Minnesota limited liability company
RICHFIELD, MINNESOTA
By: By:
Mary Supple Lori Boisclair
Its: Chair Its: Chief Manager
By:
Steven Devich
Its: Executive Director
S-4
EXHIBIT A
HRA PROPERTIES ADDRESSES
A-1
a . �;• . .. ...'°1"� O
�s u�S9 a o
� �r�1 '��{„ i' ,� c� .
� � � trr, . u�
� � �. },t,� cn
� +� r� * -y. `�. � o . ,
�L �� �� � � L i
-� , ��"�'�►' �'��; � o' �
�C�, , ' � � +— c ,
� �, tu� `
�!u.
��J �O
� k� t;c.�, � -'�..� � '—
U I '' y
.� '�7,,. � �� �• :.�..
i� �- ��
�.� � �, - ''�
J '' � � ` � �t.
� ( -�l � �r
,�;.1 ,�;� ��� , .t ,���
, ►� �.:
It�► � �' ' t �-�
= � ;� -
� ��'
, .�.,r �;► �
L� .., , f y..;` ,�'
,►r' t i�'►; � t
,1
. �. ��r'i. -- '� .
��,ry, ` � � " n _. 1 �
.�ti��
�� ' �� �S U��9 a
�.- � , s
'��� . . .;, w.-
. , '•��I � �.
� ' ��" �..� �'°
� � �.���. _ "�r�. }N� � s.
-1�- � � _ ���
` ' �� � - � ;
��� - � .� ., -.
. , � — .
� , , �..w �!� �;�, ��- .
, � �..
, � .
` ` � '��` .�1.�_
�� �=, ��
� �
��.
�, � � .�.,•
, �.� ��
, ;� �� �
�: i�i�.j '.�' -
.: " ; �'
�:+: � . , I�: i;�. - ;
� � �-'���
���
.�`' � .. __ �. .
"�: �;,,. �;�'. . �-�
g..�:
, _� ,:�, �� .
.-,. - ; Lrr�• y �.''� - _ ._. - ._ - ..::�.
_t;. ,:3'.. .... . �
Cedar Point II Housing Redevelopment
._ . . .. _
r �� � a �..�i. ; _� , ..
�� i.'
�� f .f' '' r``�� �'�` - � � '� � ^w. `� £ .
`� r � : ,� ,�,�.�`'�. ` � � s ''� ' r � � i ? —
;�' �
�;. Y � '�.+'i%" :� '�i � (��il �- :+�<� ,r' �''� F+,g? � � -
l /i r fi'r'f' •�,����` ��'� � ,�
'�/r J r
/
�'..-." �� ' ��� ��t�Y"1,�. ,. . .. ��ii
� � .
.. � �'., & �,p.., M��}w� k n N J� ..
.� �_Y� � � ' : � i; � li � � .
� �` ( l . I 7 .'a��� �. , '
_ �1�' � . 0 . .',' . .
�p 4
`}�'Mk ��= s�� f t f
�N � . �F �"� � •I , .
LL � Il �� ��`��f�' �� '��������'�' �����-��� � � �n ���
� � ��� ,� �: y� i 1 ;
�■��:� [w'��li�r��1�AlE��� �f'�`��.� �, �„�:. ��;��' �,v,,
.�R��. .[fw �?)1�� k��� 1 "• ' - .. � . . .
"��� -s �`�����''r �t�,;,_�, '° � ' �,
��'� "�!�'!' t��5 ��=�"``��att � _ , � ��" � �; � . � ,
��i�� D'*Y'�r��, ��a[; �'s .'� ., � �,�,'`:
Qt��� l�'��,��: N..�'�IN�'�' ��.�d F � � £ .
� �'� ;�+y ��;�' �.��"iJ�:�t� � '��1� � � � ►E ,
�� a' �� �� �— :��,�; ��°,�:��y.� �+����,�� � �� l: , � .
�' � �'"�` �.��'��.. � ,�i�a c�n �:+�� _u .,�,- � l, �:�� '. :.,� �. ..
����� �Yi _� ,� 's Y aa- . - ��.Fy. . . �J .
F z 9 1I�R@��Tf�, �� < t!..� ��'' ���� ..o 'sr.;:-r ,ie�� ��`' '� ��..�1L.0 Y
�1�'t:�"g,��S Ti ��� 1 '� ���`��!� �P�k�.�\ - f�il�'�.�� '�,.., k .}:. . .
� FI �Y71_...},.• � , •i u .�`�. F
�jF�,�`tA ���I (��� �,�T �F6��t�����k��:_�i _i4^R+� ' �i ` �� �` �'{'
.IE�����E�:-��F�`�'�!!�� � �� ��������s� �u �„�L,? ',� �
�����' �1 �' + '�!a . �= � � i ,.,,, ,' � �-
�,��:��A�1� �,�"� y��' �:������a ��, ' � . , , . I pt� 1
r Fa a�5� i �af �* � ��F'1{ Y�I �t r d ; � ��i� ; �j r.
����. �I1 W(Ji}'�'IL�:'�Y� "��1�3�.ta�i I `I ' ��r�" '�� ' .i� !���� � � i .''a
-s�� 1�1fi��'��°5����sie��r, �1Mk�4i....�1 �. �' i� �' r ��..��; . C� � f � .
3@�J�`� �v���...-�I,��� ��q�� ti.= �6i�� �� F�s�����! , Rr., `�I E
�� �*�t ���.;���,�f ����.-7�.�� ._, r ���������6�Mr.l � � �-r f� �� '` -- .. _ �
.d � Q,�1��CJl l3C�DQ1 'I •�'� � �f�,,� I ;f
'�i�-� �f ������ � .��` �,r�„ � j C '' at.:. � �i'�` ; q� _�����, � �' I
s � , F �,�r „ _ , t �, � � � �.6d,�i� f� i,
�t �y�yp�f � t „i
�f�1��7 �� � {f�S i� �4��' 3�'� � i .. i l' ' �,�. 1,,w„>��� �
��,y��� �;�� �� 1 . . t I �j� ( � � �`-����-.{t 1:� {� � r�i � s �-J . . . .
��tlF�� �r j_:�I i. ,.� �`��F'=� r��.�i�';�` A`qt�.�Saal� i ��c �+�r..�,F,.� � �#° ' �
���il . ��� ,1{�^ r���� ►�s7 i a�`y�'����4�� I I + ',',� , . .... �Ii 1 !
��I � i..��+�� �� 1=��� e1. tri5�� :$� ��✓';� �. � � sn�,�� � � i "
� � , i; �' ' r
•�-''� �f y tl{!�, �. � ��,,r �.
�����l"�,#��� F�4+ ��'��.�r d �}I'( I
� � � '+� m "�7'i�s� �n..���������'.� 11 � I � � �,�„y.1 � ' i
� 3�.�� I,��1' r_3f � ::� � ,E`�� ��'� ` ��. � ' � �.:.� �I{� �-�'�'.:�,� •, � � � .
���taL.t `� ,1 ��'.'F �t5'�� 1 `�' �i '.� I il � '=- � f ���i'�1, :"���'1 � ,�� ��, � 11
�����'�,!�--' f �'� 3� �, . �1ea,,, Qt�AG4 '"+'P1�'i1i."C ; �
��:�tt{�l�s;� ""`��.�!WT�'��=�,�,�l�' �}} ��..r.����L�'6'''S1 ���`ti,,w`�n.�.�`'I � -� `
��` ��}`.r����feTo.•�Lm��t ��Hdt._�'J '�������$� 1�Mefi1. \_ y � .I 7 rt � 1-
�'� �` ��
�` ����.�1 ���c+Y" ��'�;:'_�1.�� �� '1�5.��. � '� �' ' � }
���: j �' r� ;,��r+.����..+�� R �S.�Fu�']� �{ '� �I � • '�� � F,+' ! ��� � �.
��.t_���rs.� �� { i� '��!i�� �/���'.!S{ y������� � � ..`�`•.^, t t
:"'�����..i:i4a.�� Q.1` :i�14i,:.�! � T[.. °'� ��; . ' •. l 1 +�. `i.�
���1��'� .:�`���� ���f►�'�{��c , � � � : �� �,�� y�ca�, � ':.. �� �
M� �`t'��i Y�,�}'���3 t� '�:,�." ,#� � ! i �„�•� , ;.. ,�
�.�a>;�'��* . ,- � -� ay �,� �f. � ���'. -' .� :�.a�� ��� � '�
nt� �.+.i ��.,� � �'t ���� � ��� 9t��-1� 1 �� Si�T� �.. . - ��-'- ��w.�I� r. �,i
i .,^ tt;y��� ,�i����� A tk'#' �'!Ma .�{- �� in��ry� � Q.
��+�. � .----�(�:�E�� � ._.n _ �,� ,�p(..�.��¢��a..�P . �_,
�
�� �' ' , I �" ,` :." '�:�,� F ,il +�� .:'''�"` g ,,.<. x;�'
4�t �I�� �- F •!F� � x ,/� °� rrt"°I ' t �
e,=fi ..�...,� ! �' � `F:�Q 1� ; i'.� }�f ;If��� ����� 17��� I ' �
��...''�'� ' `t � � � �.a ,�t�� ��;.�F� �If��..i �,u�� ; ' +r�a
� �ea..a...�iL� r�t $�5<e� :C ` �d i
i; t I
t�����i i3'fi �r�-�1, �a��� �L'.��i7�� ������Ij.�-^ Ci�,*:�[L�4 aR� �'��� �[i,` � � , =;{�
�' ��`�`{����.��` '_ 'I����;_���[ �������1��' .� ���: � '' � " ,
_"..."������..�Pl��Bi�J■�!�R�� r�{t 1��#-�� t �� '�������.+ �i'.'+t� ', p ' `.� � '�t�+i-. . e
1I �
T9F`t3 L. I�- '�. �
P�ef�l�'�ri( y��``�'t'� �'�.�i� ��.';t �' r..t�.��`� '�'�� ,�`,�� '�' � .' . ' ' :,� �
�,�� '�� � ' ,. �`'
I�,'�`j`r�e�'"�t� :���►�,,� ;h�x �`;=� ,i E.'�r'�i�?��j ��C�'�1''�f�:�,� i � `� ;t.
� ��:, ..� �' �* acca�c� �. �;,�,�ac�a� �� _ E ., . ` �,E;;,,
�. it_�� �;;'�,~ r'� 9, j ���`, ►`.���,,.'-�.��� at��.;;�E , �
� Cedar Point II Housing Redevelopment
� Richfield City Limit
Future Richfield Parkway (2014)
AGENDA ITEM#: 4
REPORT#: 34
STAFF REPORT
�r' ' � � � HOUSING AND REDEVELOPMENT
'f �f '��' AUTHORITY MEETING
-��� OCTOBER 19, 2015
�:
REPORT PREPARED BY: ��N BARTON, COMMUNITY
DEVELOPMENT ASSISTANT DIRECTOR
Naur,TiTCr:
REPORT PRESENTER: ��N BARTON, COMMUNITY
DEVELOPME T ASSISTANT DIRECTOR
� NAMIs", Ti�zc
`\
DEPARTMENT DIRECTOR REVIEW: � �'°
.>^"'� !".�
./ SI 'URf
,-� � /
, ..-��- ;
REVIEWED BY EXECUTNE DIRECTOR: y�,�' ' �� `rr Q ,
�;` ��1
' _ ; ..__-
ITEM FOR HIZA CONSIDERATION:
Consideration of a Resolution approving the Preliminary Development Agreement and Right-
of-Entry Agreement between the Richfield Housing and Redevelopment Authority and Inland
Partners, LLC for develo ment of the Cedar Point South area.
I. RECOMMENDED ACTION:
By Motion: 1) Approve the Resolution Approving the Preliminary
Development Agreement and Right-of-Entry Agreement between the
Richfield Housing and Redevelopment Authority (HRA) and Inland
Partners, LLC relating to the proposed development of the Cedar
Point South development area, pending HRA attorney approval of the
documents; and 2) Authorize execution of both agreements by the
Housin and Redevelopment Authorit Chair and Executive Director.
II. EXECUTIVE SUMMARY
At the September 22, 2015 joint worksession the Housing and Redevelopment
Authority (HRA), City Council, and Planning Commission directed staff to draft a
Preliminary Development Agreement between the HRA/City and Anderson
Companies (d/b/a Inland Partners, LLC) (Developer) for the proposed development
of the Cedar Point South area (bounded by 66th Street to the north; 17th Avenue to
the west, Cedar Avenue to the east, and 68th Street to the south).
101915-Inland Partners Pre Dev And Right of Entry Agreementsxxx
The Preliminary Development Agreement provides for the support and cooperation
of the HRA relating to the Developer's efforts to develop a feasible proposal in
exchange for the Developer undertaking the activities described in the Preliminary
Agreement. The Agreement would also prohibit the HRA from soliciting other
proposals or entering into any agreement with a different developer in association
with this site.
The Right-of-Entry Agreement allows the�Developer to enter the properties for the
purpose of conducting land surveys, geotechnical testing, and other related studies.
III. BASIS OF RECOMMENDATION
A. BACKGROUND
. In July of this year, the Developer approached HRA staff expressing
interest in developing the Cedar Point South property.
• The Developer presented a preliminary concept plan for development
of the property to the HRA, City Council and Planning Commission on
September 22, 2015.
• The Developer will be holding a public neighborhood meeting on
October 21, 2015 to garner feedback from residents in the area.
Postcards were direct-mailed to residents and information about the
meeting was posted on the City's Facebook page and Twitter.
• The Preliminary Development Agreement requires the Developer to:
o Complete a general development plan for Sketch Plan
Review by HRA/City staff no later than January 15,
2016;
o Provide the HRA with a financial feasibility analysis of
the Project, including sources and uses and a Project
pro-forma and a Market Study by February 15, 2016;
• The Preliminary Development Agreement states that the HRA:
o Agrees to cooperate with the Developer and utilize its
best efforts to accomplish the objectives stated above,
including possible tax increment financing;
o Will not solicit proposals from any third party or respond
to offers regarding the proposed sale or development of
the FiRA property, will not sell or encumber the HRA
property, and will not enter into any agreement for
development of the HRA property during the term of the
Agreement.
. The Preliminary Development Agreement requires both the HRA and
Developer to:
o Attempt in good faith to negotiate the terms of a
purchase agreement for the conveyance of the HRA
property to Developer by April 1, 2016; and
o Attempt in good faith to negotiate the terms of a contract
for private development on or before May 1, 2016.
• The City-owned parcels,will be transferred to the HRA in November of
this year.
B. PoLicY
. 2008 Comprehensive Plan:
o Maintain a housing supply that meets changing needs
while sustaining the integrity of existing neighborhoods;
o Maintaining a diversity of housing types and prices
ranges.
C. CRITICAL TIMING ISSUES
. The term of each of the agreements expires on June 30, 2016.
. The Preliminary Development Agreement can be terminated by either
party upon five (5) days written notice.
. The City is scheduled to consider approval of the Preliminary
Development Agreement and Right-of-Entry Agreement with Inland
Partners, LLC on October 27, 2015.
D. FINANCIAL
. The Preliminary Development Agreement provides for the
reirnbursement of all out-of-pocket administrative costs incurred by the
HRA relating to the negotiation and preparation of the Agreement and
other documents and agreements in connection with the activities and
the prospective development project, as well as reimbursement of
nominal staff time in the amount of$2,000.
. The development is in an existing Tax Increment Financing (TIF)
Redevelopment District. Any financial assistance to the development
through TIF would require verification of necessity and approval by the
City Council and HRA,
E. LEGAL
. The HRA attorney drafted the Preliminary Development Agreement.
. Eventual redevelopment of the HRA property will be in accordance
with a Contract for Private Development or other agreements.
. The Preliminary Development Agreement and the Right-of-Entry
Agreement must also be approved and executed by the City CounciL
. The City Council is scheduled to take action on the Preliminary
Development Agreement and the Right-of-Entry Agreement on
October 27, 2015.
IV. ALTERNATIVE RECOMMENDATION(S�
. Do not approve the Preliminary Development Agreement and/or Right-of-
Entry Agreement.
• Approve the Preliminary Development Agreement and/or Right-of-Entry
Agreement with modifications.
V. ATTACHMENTS
. Resolution
. Draft Preliminary Development Agreement.
. Right-of-Entry Agreement.
• Map of development area.
. Prelimina.ry site plan.
VI, PRINCIPAL PARTIES EXPECTED AT MEETING
. Kent Carlson, Anderson Companies
RESOLUTION NO.
RESOLUTION APPROVING AGREEMENTS WITH THE HOUSING AND REDEVELOPMENT
AUTHORITY IN AND.FOR THE CITY OF RICHFIELD AND INLAND DEVELOPMENT PARTNERS,
LLC
WHEREAS; the City of Richfield, Minnesota(the "City") is the owner of certain property located within
the City (the "Properties") and intends to convey such Properties to the Housing and Redevelopment Authority in
and for the City of Richfield,Minnesota(the"Authority")by the end of November 2016; and
WHEREAS, Inland Development Partners, LLC, a Minnesota limited liability company(the"Developer")
has proposed purchasing the Properties from the Authority for the purpose of developing an approximately 300 unit
apartment building thereon(the"Aroject"); and
WHEREAS, prior to moving forward with the Project, the Developer has requested that its consultants
enter the Properties to conduct geotechnical testing, environmental assessments,.and other related studies and to
conduct land surveys of the Properties to determine the suitability of the Properties for the development of the
Project;and
WHEREAS, the Authority has been presented with a Preliminary Development Agreement {the
"Preliminary Development Agreement") proposed to be entered into between the Authority, the City, and the
Developer, which sets forth the Developer's intentions and the conditions under which the Developer will
undertake the Project; and
WHEREAS, the Authority has also been presented with a Right of Entry Agreement(the "Right of Entry
Agreement")proposed to be entered into between the Authority,the City, and the Developer,pursuant to which the
City and the Authority will allow the Developer and its employees, consultants, agents, and contractors to enter the
Properties to conduct the proposed testing and studies;and
WHEREAS, the Authority has reviewed the Preliminary Development Agreement and the Right of Entry
Agreement and finds that the execution thereof by the Authority and performance of the Autliority's obligations
thereunder are in the best interest of the City and its residents;and
NOW,THEREFORE,BE IT RESOLVED,by the Housing and Redevelopment Authority in and for the
City of Richfield,Minnesota as follows
1. The Preliminary Development Agreement and the Right of Entry Agreement presented to the
Authority and on file with the Community Development Director are hereby in all respects approved, subject to
modifications that do not alter the substance of the transaction and that are approved by the Authority Chair and
Executive Director; provided that execution of such documents by such officials shall be conclusive evidence of
approval.
2. The Authority Chair and Executive Director are hereby authorized to execute the Preliminary
Development Agreement and the Right of Entry Agreement on behalf of the Authority and to carry out on behalf of the
Autfiority the Authority's obligations thereunder.
Adopted by the Housing and Redevelopment Authority in and for the City of Richfield, Minnesota this
19th day of October,2015.
Mary Supple,Chair
ATTEST:
Doris Rubenstein, Secretary
469509v1 JAE RC125-348
Third Draft
October 13,2015
PRELIMINARY DEVELOPMENT AGREEMENT
THIS PRELIMINARY DEVELOPMENT AGREEMENT (the "Agreement") is made
and entered into this day of , 2015, by and between the Housing and
Redevelopment Authority in and for the City of Richfield, Minnesota, a Minnesota public body
corporate and politic ("HRA"), the City of Richfield, Minnesota, a ho ule city and Minnesota
public body corporate and politic (the "City"), and Inland D op nt Partners, LLC a
Minnesota limited liability company (the"Developer").
RECITALS:
First: The Developer and the HRA have bee gage in informal sions regarding
the possible development of certain land t identif d by parcel ide t' n number
in the attached Exhibit A (the"City Own rty");
Second: The Developer expects to acquire addi property by purchase from third
party owners as identified by pa identification n in the attached Exhibit B (the
"Additional Property"); the C ed Propert t e Additional Property
collectively referred to herein as th ` ent Prope
Third: The HRA has established th e A Increment Financing District
that includes the ent Property,
Fourth: Th oper is posing rede op ent on the Development Property which
will consist of an oxi 1 300 unit a ent building (hereinafter the"Project");
Fift �� initia 'ews o� �' oposal, it appears that the Project is potentially
f le; hov urthe 'ew and detail are needed;
: The parties to co rate in further analyzing the potential and feasibility of
the 'ect and are g to roceed with such analysis as described in this Agreement;
Seventh. partie cknowledge that the Developer will expend substantial time and
effort, and su ntial expense in pursuing the Project;
Eighth: The eloper is willing to undertake the activities described in this Agreement
only with the reasonable assurance from the HRA that it will support and cooperate with
the Developer in its efforts;
Ninth: The HRA and the Developer have exeeuted this Agreement to document their
understanding with respect to the proposed Project.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
1
468592v3 JAE RC125-348
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows: �
1. Statement of Intent.
It is the intention of the parties that during the term of this agreement the following
activities will take place:
(a) Plan Review and Refinement. The Developer will lete and provide the
general development plan, including parking layo d ign, to the City and
HRA for review and comment. This submiss' all be made on or before
January 15, 2016 as an Application for S Review. This Review
involves a staff review of the general deve o ent pla City staff. Following
the Sketch Plan Review, the Developer ertake a ditional studies or
refinements to the General Develop t Plan for the Proje t are necessary
to determine that the plan(i) com with th ity's land use ents; and
(ii) provide sufficient detail to e e rev s described in ragraph (d)
below. Upon completion of the staff-1 n Review, ther party may
request that the General Development Pl brought before a work session of
the City Council and/or
(b) Financial Feasibilitv. Th will pro to the HRA a financial
feasibility analysis of the 'ect, i a d iled sources and uses of all
funding and 1 expenditures p d o nstruction of the Project and a
Project on or befo ebruary , 2016. The financial feasibility
analy ' hould 'fy what fin cing will be obtained for the Project and from
wh s and amount of e 't o be contributed to the Project.
(c) ket Stu e ' also provide the HRA with a market study for
' ct on ore Fe r � 15, 2016.
,,��,, ,,,���
HRA An 's of '�''"'! . Following the receipt from the Developer of the
information forth Section 1(a) and (b), the HRA's fiscal consultant will
onduct a fin �ial analysis of the Developer and the Project. The purpose of the
's analy is to determine the Developer's abili.ty to finance the proposed
t. Th alysis will consider such factors as the Developer's capability to
arra inancing, the anticipated level of assistance available to the Project
from t RA or other sources, and the Developer's ability to provide equity to
the Pr �ect.
(e) Acquisition of City Owned Propertv b�HRA. The City currently owns the City
Owned Property, but it is proposed that the HRA will acquire all of the City
Owned Property from the City by the end of November 2015.
(� Purchase Agreement. On or before April 1, 2016, the parties will attempt in
good faith to negotiate the terms of a purchase agreement (the "Purchase
Agreement"), which will provide the terms and conditions necessary for the
2
468592v3 JAE RC125-348
HRA to convey the Development Property to the Developer. The conveyance of
the Development Property to the Developer is solely within the discretion of the
Board of the HRA. The Board of the HRA must hold a duly noticed public
hearing before determining whether to convey the Development Property to the
Developer.
(g) Contract Negotiation. On or before May 1, 2016, the parties will attempt in good
faith to negotiate the terms of a contract for private development (the "Contract")
which will provide the nature and timing of the pr' e improvements to be
constructed, the form, the amount and conditions y nomic assistance to
be provided by the HRA in aid of the Project. Contract will contain such
additional terms as either party believes are ne sa the transaction.
(h) Ri�ht of EntrX. The HRA, the City t Devel will enter into an
agreement providing the Developer th th right to en e City Owned
Property so that the Developer determi if the City operty is
suitable for the Developer's inte e
2. A�reement bv the City.
The City, as the current own he properties, sents to the intentions and
agreements of the Developer and et forth her e City represents that it
fully intends to convey all of the ity roperty the HRA, as described in
paragraph 1(e) hereof.
3. Undertakin b �� eve
During the te this eement, the oper will undertake all of the activities
necessary, in the •eti to accomplish the activities described in
par uired erfor e Developer.
4. 's Underta nd A t.
(a he HRA es cooperate with the Developer in the Developer's
ertakings, rees to utilize its best efforts, subject to the Developer's
ance, accomplish the activities described in paragraph 1 above, which
inc an lysis of the financial feasibility of the Project and the nature, area,
and al implications of any tax increment district which might be
establi d.
(b) The HRA further agrees that during the term of this Agreement the HRA will not:
(i) provide or enter into an agreement for development or the provision of
financial assistance to any third party in connection with any proposed
development of the City Owned Property, (ii) solicit proposals from any third
party or respond to offers regarding any proposed sale or development of the
Development Property, or (iii) sell or encumber the Development Property. It is
the intention of this provision that, during the term of this Agreement, the
3
468592v3 JAE RC125-348
Developer shall have the exclusive right to negotiate the acquisition of and to
acquire the City Owned Property.
5. Term.
This Agreement is effective from the date hereof through June 30, 2016, unless extended
with approval of the HRA's Board of Commissioners, provided, in the event either party,
after consultation with the other party, determines in good faith that the other party is not
diligently pursuing the Project or its obligations hereunder; or Developer determines,
in good faith, that the Project is not feasible, such determi p may terminate this
Agreement upon thirty days written notice to the other. may also terminate this
Agreement for failure of the Developer to provide ad ' na s pursuant to Section 6
below. The parties each waive any claim or caus o ction t ey may have against
the other party based upon the termination of t re ment by other party. The
parties may, by mutual written agreement, ex this Agreement for further periods
as determined to be appropriate from time e.
6. Administrative Costs of HRA.
The Developer agrees and unde s that it is resp e for and will pay to the HRA
all out-of-pocket costs incurred RA (includi 't ut limitation reasonable
attorney and fiscal consultant fees) t 'ation and aration of this Agreement
� ,
and other documents and agreemen in co wit e activities and the Project
contemplated hereu collectively, ` ' dmini � e Costs"). Administrative Costs
shall be evidenc 'ces, statem s or othe easonable written evidence of the
costs incurred the H
Upon execution 's nt, the D eloper will deliver $2,000 to the HRA for
HRA � sts alr ncu tion, the Developer will also deliver a deposit
to amo f$5,000 e "Deposit") to pay future Administrative Costs.
any time th sit el w $1,000, the Developer shall replenish the deposit to
full $5,000 wi 30 da r receipt of written notice thereof from the HRA. The
shall provid voice to the Developer for all payments deducted from the
Dep At any tim e Deposit is insufficient to pay invoices related to the Project,the
HRA k for a ional Deposits from the Developer. If the additional Deposit is
not made 'n 30 ys following the date of such request, the HRA may elect to either
suspend its ance under this Agreement or terminate this Agreement. Such
suspension or ination will be effective on the date it is given in writing, or on such
later date specified in the notification. Any unexpended or unencumbered portion of the
Deposit shall be returned to the Developer upon the expiration or termination of this
Agreement.
7. Termination of A�reement.
This Agreement may be terminated upon five (5) days written notice by a party to the
other party if:
4
468592v3 JAE RC125-348
(a) in the respective good faith judgment of any party, an impasse has been
reached in the negotiation or implementation of any material term or the completion or
execution of any material condition of this Agreement or the contract for private
development; or
(b) a party fails to perform any of its obligations under this Agreement.
8. Exclusive Development Rig;hts.
During the term of this Agreement, the HRA agrees that i 1 no egotiate or contract
with any other party concerning the sale or developm the City Owned Property.
The Developer shall not assign or transfer its rights u thi eement in full or in part
without the prior written consent of the HRA.
9. Miscellaneous.
(a) This Agreement constitutes the ntir eeme tween the p s relative to
the proposed Project. Unless specifical ed erein, no ob gation shall be
inferred or construed.
(b) Redevelopment of the ent Property b in accordance with a
contract for private develo e er agreeme hich the parties shall, in
good faith, attempt to negotia durin of t s Agreement.
(c) The Dev erstands t further separate action, for which no
obligat' is crea ereunder, be required before the HRA or the Developer
is o to take rious actions 'th espect to the Project. Those actions may
include, t li 'on:
eyanc he City d Property by the City to the HRA;
2) Publi ing the Board of the HRA prior to conveyance of City
Owned Prop ;
modific on of the existing tax increment project plan, if necessary, and/or
th ation a new housing tax increment district by the City Council and the
Boar RA;
2) Zo ing and subdivision approvals to the extent any are required;
5) Construction of public improvements to serve the Project; and
6) Negotiation of and approval of a contract for private development by the
HRA Board.
(d) The Developer further understands that many of the actions which the HRA or
the City may be called upon to take require the reasonable discretion and in some
5
468592v3 JAE RC125-348
instances the legislative judgment of the HRA or the City, such actions may be
made only following established procedures; and HRA may not, by agreement,
agree in advance to any specific decision in such matters.
(e) Information obtained from the Developer in connection with this analysis will be
subject to such confidentiality provisions as are required by the Developer and
permitted by law.
(� Notice or demand or other communication between or ng the Parties shall be
sufficiently given if sent by certified or registered i , stage prepaid, return
receipt requested or delivered personally:
Inland Development Partners, LLC
20505 Lakeview Avenue
Deephaven, MN 55331
Attn: Kent M. Carlson
Richfield Housing and Redevelopment
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, Exec ' ector
City of Richfield
6700 Portlan venue South
Richfiel 2
Attn: e Devi ity Manage
(The inder o� page is intentionally left blank.)
6
468592v3 JAE RC125-348
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and
year first above written.
HOUSING AND REDEVELOPMENT INLAND DEVELOPMENT PARTNERS,
AUTHORITY IN AND FOR THE CITY OF LLC, a Minnesota limited liability
RICHFIELD, MINNESOTA � company
By: BY�
Mary Supple
Its: Chair Its:
By:
Steven Devich
Its: Executive Director
CITY OF RICHFIELD, M SOTA
By:
Debbi el
Its: M
By:
Steven 'ch
Its: City Man
7
468592v3 JAE RC125-348
EXHIBIT A
CITY OWNED PROPERTY
Address Parcel Identi�cation No.
6609 17th Avenue South 26-028-24-41-0078
6601 17th Avenue South 26-028-24-41-0079
6615 17th Avenue South 26-028-24-41-0077
6621 17th Avenue South 26-028-24-41-0076
6627 17th Avenue South 26-028-24-41-0
6633 17th Avenue South 26-028-24-41
� 6639 17th Avenue South 26-028-24 007
6645 17th Avenue South 26-028- -4 072
6620 18th Avenue South 26-0 - -0067
6626 18th Avenue South 2 8-24-4 -0068
6632 18th Avenue South -24-41 69
6638 18th Avenue South 26- -
6644 18th Avenue South 26-028- -0071
6700 18th Avenue Sou 26-028-2 080
6708 18th Avenue Sout 26-028-24-4
6714 18th Avenue South 8-24-41-0
6720 18th Avenue South 2 -41-0
6726 18th Avenue South 28- 84
673218 South 6-028-24 -0085
6738 h Ave outh 6-028-24-41-0086
67 Avenu outh -24-41-0087
670118 en 2 28-24-41-0107
18th e : 6-028-24-41-0106
Av outh 26-028-24-41-0104
6727 venu th 26-028-24-41-0103
673818t enue 26-028-24-41-0086
673918th nue th 26-028-24-41-0101
745 18th A ue South 26-028-24-41-0100
A-1
468592v3 JAE RC125-348
EXHIBIT B
ADDITIONAL PROPERTY
Address Parcel Identification No.
6715 18t Avenue South 26-028-24-41-0105
6720 Cedar Avenue South 26-028-24-41-0097
6730 Cedar Avenue South 26-028-24-41-0098
6744 Cedar Avenue South 26-028-24-41-0099
q�
i
,�;�E�E
,�,�E;,;
B-1
468592v3 JAE RC125-348
101215
Second Draft
October 12,2015
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (the "Agreement") is made and entered into this
day of , 2015, by and between the Housing and Redevelopment Authority in and
for the City of Richfield, Minnesota, a Minnesota public body corporate and politic ("HRA"),the
City of Richfield, Minnesota, a home rule city and Minnesota public body corporate and politic
("City"), and Inland Development Partners, LLC, a Minnesota limited liability company
("Developer"). The HRA and the City are referred to collectively herein as "Owners."
RECITALS
First: The City is the fee simple owner of the real estate located at the addresses identified
by parcel identification number on the attached E�ibit A (the "Properties"). It is the intention of
the City to convey all of the Properties to the HRA by the end of November 2015.
Second: The HRA intends to acquire all of the Properties from the City by the end of
November 2015.
Third: The Developer is investigating the possibility of purchasing the Properties for the
purpose of redevelopment.
Fourth: The Developer wishes to have its consultants conduct geotechnical testing,
environmental assessments and other related studies on the Properties in order to identify whether
the Properties are suitable for the Developer's intended uses. Developer has requested that the
Owners grant the Developer, its employees, agents and contractors, the right to enter the Properties
to conduct said testing and studies.
Fifth: The Developer also desires to secure the consent of the Owners to enter the Properties
for the purpose of conducting land surveys of the Properties. Developer has requested that Owners
grant their consent to the entry of these additional consultants onto the Properties to conduct their
studies.
Sixth: It is understood that in executing this agreement, the Owners will not be granting
(a)any permanent interest in the Properties to the Developer, or (b) exclusive use or possession of
the Properties to the Developer.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows:
1
468797v1 JAE RC125-348
1. Right of Entrv. Effective upon the date hereof, the Owners hereby grant to the
Developer, its agents, employees, contractors and invitees, and such other consultants as the
Developer may elect (collectively, "Consultants") the right to enter upon the Properties, for the
purpose of carrying out the activities described in the fourth and fifth recitals above (the "Permitted
Activities")relative to the Developer's possible purchase of the Properties.
2. Consideration. In consideration for such right of entry, Developer agrees to:
(a) Notify the Owners of the date and time that work by the Developer or its
Consultants on the Properties will commence under this Agreement, which notice
shall be at least three (3) business days prior to doing any work on the Properties in
order to permit the Owners' employees or consultants retained by the Owners to be
present during the time any work is being done by the Developer or its Consultants;
(b) Secure all appropriate governmental approvals and permits for any work that will
occur within public streets adjacent to the Properties;
(c) Provide a copy of all test results and reports prepared by the Developer's employees
or Consultants (except appraisal reports) evaluating the conditions present on the
Properties to the Owners as soon as reasonably possible following final completion
thereof.
(d) Dispose of all solid waste generated during the course of the Developer's sampling
activities and other work on the Properties in accordance with applicable federal,
state and local laws,rules and regulations.
(e) Do the work in the shortest period of time reasonably necessary to complete the
Permitted Activities under this Agreement as the Developer, in its sole discretion,
shall elect to undertake;
(fl Use the Properties only for the purposes described herein and not park or store any
equipment on the Properties, except during the limited periods of time when the
work on the Properties which is contemplated by this Agreement is actually in
progress;
y
(g) Do no unnecessary damage to the Properties and restore the Properties to
substantially the same condition as the condition in which they were found by the
Developer at the time of the Developer's or its Consultants' entry upon the
Properties pursuant to this Agreement;
(h) The Developer agrees to indemnify, save harmless, and defend the Owners and their
officers and employees, from and against any and all claims, actions, damages,
liability and expense in connection with personal injury and/or damage to the
Properties arising from or out of any occurrence in, upon or at the Properties caused
by the act or omission of the Developer or its Consultants in conducting the
Permitted Activities on the Properties, except (a) to the extent caused by the
2
468797v1 JAE RC125-348
negligence, gross negligence, willful misrepresentation or any willful or wanton
misconduct by the Owners, their officers, employees, agents or contractors; (b) to
the extent caused by a "Pre-Existing Condition" as defined in this paragraph 2(h);
and (c) caused by the acts or omissions of anyone not within the Developer's
control, including without limitation, the Owners and their officers, employees,
agents or contractors. "Pre-Existing Condition" shall mean any condition caused by
the existence of hazardous substances or materials in, on, or under the Properties,
including without limitation hazardous substances released or discharged into the
drainage systems, soils, groundwater, waters or atmosphere, which condition
existed as of the date of this Agreement and became known or was otherwise
disclosed or discovered by reason of the Developer's Consultants' entry onto the
Properties;
(i) The Developer shall not permit any mechanics', materialmens' or other liens to
stand against the Properties or any part thereof for work or materials furnished to
the Developer in connection with the right of entry granted pursuant to this
Agreement and the Developer agrees to indemnify, defend and hold harmless the
Owners from and against the same. .
(j) The Developer shall ensure that its Consultants or their contractors or invitees which
enter the Properties pursuant to this Agreement shall carry insurance during the time
any work is done on the Properties in accordance with the following minimum
requirements:
A. Workers' Compensation Insurance with limits as provided by statute,
with all necessary statutory elections to provide coverage for and/or claims made by
any person doing work on the Properties pursuant to this Agreement;
B. Employer's liability insurance (often included as coverage (b) in the
Workers' Compensation policy)with limits of at least$100,000;
C. Comprehensive Auto (and truck) Liability Insurance with minimum
combined single limits of$1 million per occurrence;
D. Comprehensive General Liability Insurance (including coverage for
contractual liability, products and completed operations liability, liability arising out
of explosion, or underground related incidents) with minimum combined single
limits of $1 million per occurrence. In addition, the Comprehensive General
Liability policy shall include the Owners and the Developer as additional insureds
with respect to work done on the Properties.
(k) If the Developer or its Consultants remove a sample or portion of the Properties for
investigation, monitoring or testing or obtains any data or issues any report, it must
give the Owners a copy of any data or report.
3
468797v1 JAE RC125-348
3. Expiration. The right of entry provided under this Agreement will automatically
expire on June 30, 2016
4. Governin�Law. This Agreement shall be interpreted in accordance with the laws of
the state of Minnesota.
5. Notices and Demands. All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficiently given and deemed
given when delivered personally, sent by overnight or same day courier,transmitted by facsimile, or
mailed by certified mail, return receipt requested,postage prepaid,properly addressed as follows:
Inland Development Partners, LLC
20505 Lakeview Avenue
Deephaven, MN 55331
Attn: Kent M. Carlson
With a copy to:
` Mary S. Ranum,Esq.
Fredrikson&Byron, P.A.
200 South Sixth Street, Suite 4000
Minneapolis,MN 55402 .
Richfield Housing and Redevelopment Authority
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, Executive Director
City of Richfield
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, City Manager
Or to such other persons as the parties may from time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
6. Amendment. This Agreement may be amended by the parties hereto only by written
instrument executed with the same procedures and formality as were followed in the execution of
this Agreement.
(The remainder of this page is intentionally left blank.)
4
468797v1 JAE RC125-348
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and
year first above written.
HOUSING AND REDEVELOPMENT INLAND DEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF PARTNERS, LLC,
RICHFIELD, MINNESOTA a Minnesota limited liability company
By: By:
Mary Supple
Its: Chair Its:
By:
Steven Devich
Its: Executive Director
CITY OF RICHFIELD, MINNESOTA
By:
Debbie Goettel
Its: Mayor
By:
Steven Devich
Its: City Manager
57106300_2.docx
S-1
468797v1 JAE RC125-348
EXHIBIT A
PROPERTIES
Address Parcel Identi�cation No.
6609 17th Avenue South 26-028-24-41-0078
6601 17th Avenue South 26-028-24-41-0079
6615 17th Avenue South 26-028-24-41-0077
6621 17th Avenue South 26-028-24-41-0076
6627 17th Avenue South 26-028-24-41-0075
6633 17th Avenue South 26-028-24-41-0074
6639 17th Avenue South 26-028-24-41-0073
6645 17th Avenue South 26-028-24-41-0072
6620 18th Avenue South 26-028-24-41-0067
6626 18th Avenue South 26-028-24-41-0068
6632 18th Avenue South 26-028-24-41-0069
6638 18th Avenue South 26-028-24-41-0070
6644 18th Avenue South 26-028-24-41-0071
6700 18th Avenue South 26-028-24-41-0080
6708 18th Avenue South 26-028-24-41-0081
6714 18th Avenue South 26-028-24-41-0082
6720 18th Avenue South 26-028-24-41-0083
6726 18th Avenue South 26-028-24-41-0084
6732 18th Avenue South 26-028-24-41-0085
6738 18th Avenue South 26-028-24-41-0086
6744 18th Avenue South 26-028-24-41-0087
6701 18th Avenue South 26-028-24-41-0107
6709 18th Avenue South 26-028-24-41-0106
6721 18th Avenue South 26-028-24-41-0104
6727 18th Avenue South 26-028-24-41-0103
6739 18th Avenue South 26-028-24-41-0101
6745 18th Avenue South 26-028-24-41-0100
A-1
468797v1 JAE RC125-348
c.2015 Westwood Professional Servlces, Inc.
Call 48 Haurs beforo digging:
811 or ca11811.com
Common Ground Alliance
1Nestwoo
Wertwood Protesslonal5ervices,Inc.
7690 Anagrem Orlvc
��s Eden Prairie,MN 5534<
. 6r. .., �... ....�:. :. -. .. ..:! ' �..- ,;�,.: .,.':J ' r:r-�... .y_' .. . .'� ; . . .i:.+3' _ r,�f..T, Plwiw (952)93]-5150
.�:.� .'h,- ' �`. .�.. �' .��..,� . . '.-�:.� �..:::� �- -�..�.. ..:�. �,�y ��.y,� dn � .d � 'i i\. . . �� ..� F�M 952 937-5822
�,�y. � ,.-=u�:: '��''� .. ° -'�'�,." `'•� �<_.,._..5-..:-�.-...��...�,wA1-.,�xa�tf:�}' � . � .�+W�az:k�.�.' -"�-r•.IYA��.`:�,.- _ . rwr,.. c ) �saso
._ . , . . �,e��«:_'')' . . , .qs���� �Vi'K+s"+�. � Y1db�xiJ� . 888 93-
� 1:. - .. .__. - .
Q. R•.
westwoodps.mm
� � � . . ,.. .. .. . .. .. .. . ... _ .
;.�:"t�!�f.V.�te3'.:xaE'stfr�tiWi.�. . �• � •�..• .
.. ... .. . . . � . .�... .. .... . . . .. . . . . .
•+.�r � �
._... .. . . . f: ..._, ..-....r�..� . . . . , .. . ...._. _.. . . , ..._....._ .. . . .�
. _. .... : ..,. . � .. _ . . .. . . . .. . - - , . . . . .
_ .. .. .. . ,"."g�,:".Y�.� } ....,.�.T<�n.-� �
� ' . � . ._ . . . _...... .. .. ._. . , r. "-�-^' . .
�-• � �-•i fi � � Ii, �.. •.,
. . . . �� .. _ �
��
. ' _-' 1.'+ �i. -:;��.f � -ti:.' '::r ",, . , . .. - � �' ...._ ____ ._. .._. .._.. _.
� . .. �# � -._9�� —.. ...._. _.-__.. . _
.. 'Q:{ �. .. '3�Y -.:�.� �''� 3, `,�
. , -E' e.id � - � .µ
! � . . � � f�i�. � � s. ��. ' ���� .. 4 "`.ma`�- .y'� � �r� �ri `1� Ch2Ckfd: LT/565
,'.,; .. . � . . ... �.
r�y _
i
;� �
: - .-�.. �,-%o:..,c,N;._ .-€,�.. . , - .,�- r" ?'`; e�d.� � ���,�g:�� �j . �� � fF� ..
; w' � �
>
_. _ �� t � `. ,�, r'� ,,.���-� .�r�.� { t ^1�+ � o�..,m cg
,�.
, � �y� �+ .q �i� �k. . . � '� � �
i' i 1,l ' �I _ �t
.r �
' .: . a : �� � ..... . .� 'w. , Ii�Tf¢i. � � 11� 7 t� ..... . ....... ...._._ _..
_; " t. • " , � ,� . � � i.�, j'e= ;' °•7' �{� �> . w;,,g ey/a _
,
� . F
T r
. ...,�.-> � . . . � :: � �3�' � r.-. RecordUra .Ale__ __--___
� . . . ....�Y t.o�a��.. ._:.: � ; �.�, .-' . .. ... . -. �..¢.. '?S",. :� `:1�R ` . .
A
. . , . .. . -L. 5 f.
� �':
� ' p
. ..,� '- �'1�1 �
� � ... � � . � . . . '. . . ._ �..� � a ', .�r +� `; r, � YI :'�� ' f.�
. .
� �y , _',. }.j�,�(w:;;.. 4 �'. �,' �,..a t� .S7 �-. .
,. ...:� . • ...: . ��.�r ., ., x. _..�,�., _�." � !.,, , ..�.. . :t . ��•'i.{ �'s'{ # {,���s1_� s s� ���. 1�p�s. ',?:: . �,yG"t'-#. � Revisions:
� -i'� :: . ..� ... _ -.� � � � < .....-:. .,.+'t 5.�.� . , .� .-��.-...,-,• - - :.ri1%.L. '4��`�i$ .'vc �� ,�,w�i�.�,v"da.r�'e� '45�C�K°�C H .t.
..:. ..q�. '.. -.. � .�.�. ". .:::° - ��s �!�¢`, . " . _ �. __ ___— _—_-
_"_:. - t� � , .. ��;�. �::. . ,:�K;. . a��". _ . . , ,i-^rs,c'.`�.i `%�.T wn iC:c(�,,,,$ �a�l yi��RFt`�yy't , �+ �" �
. �.J
��� .
. - �� �6.... . �:.... �'f-�. . ... :c...� - � . .t w-!�. . .�y�(T" . �'Bt� �' � ,
� �Ci . . � '� , , ��'�} S i- � ",� .i:' . .
,. ... . ....-.'. -! �
, .
.. i .� �, .�,� ... , ... . ._ —
. ♦ ..' .._ .._
5 . �; ,
� ,��� , .. ,. „ , _ —— --
_ ,
„�,. .. ,�.� . . _ ___..
. . y�L,
, . _ , � � s �
„ � . � �. @ : � ►' i �wNe �� p,�'��¢•W'n _ _
�., . _ ... - ' L � ' �Vr. � � � �� .�y ,l�S'�" : �j.' �,i . ' S� .. � 1r: � ^�:.� - { .�i� ,}�[/' .__
. � _ .�': ,' � . ,�j
�
.r+ . " ;`.� ,' � _ __�'.1' .3�i... " _- iR . .. ��.� it.,�. °- ' '"�i:� 5 . " . `' , , �: �{T ' ,.fiYyb.,�
,�
. �
�7••� � �1 E'i+' i :�' � i � j ._ ___- --
", r - ,
,-i �� � �� . ._..
�. a . �.�; r: r: �� �_ �� �;'i j... ' ---.__ ----_ _..-----._...
If�l� � ��: �2 �.. . . •I�� .:.-w....a.� : . . . . l� ' ' � . . y� � . � f:: IT i$ �,. . �y�:.� � ( � �
__
_ ;.
�. �-r
� .i, , '^. � . .� 1 ' . . 1 � .� �'" . "' 1 ._ ".__ ._._.
.,. , � _. � 3� �
. . � � K . t � p ' . I �� i � :'�� . R . .`, .. + '.rt�
dy�� -'b '��1' � � I i.�� I ,�� j � � M� - � -� .. ( � A���� �
. . l . ae 1'., . � • �" _ r n I _ � j.: e��. �ei. :� , . /� �� -`. ,
. � ..,�,ti� ,. . � � � d ��►�,�,►f+nr.c4_ti � -.+���` �' �;'. .��.� --' ��`: ,� , � �. ,� Y ,
ur.��ew ��� � �; �i i �e 1 i . � :.�Y . � `� � �y". S �1 ,- �,k �';;; �r r t�.w.w.w q m+a r
`y". .. ... . . . �. 'g � } : I hae mtl( tA��NI� M uode c.
�'+. ' i� ` . ' � i �r N/, lc�,c�q{�`�,c�cr�� s %�:. ,�F�v ,�' � � ; �. _ . � �w�.,,�����.r�,��o��,�
- . ' �- �,�.,d..,�....d���,.,�..�.
_ .a . A� � , .. r
I��:� ''�•� , � �7 �� � � , �f`�l�'!I��6`��'���e�'rl���� � - � ;�' i� �r, �'S � �� c #� q�
� �-:� �� ��
. . �� �
, �:
. ,- .. . - ; . ,�:, �; f __ __ _ _--_
1.. � ���� � ' , �, fi: � k �.. �r . . i�' � f 1 }1`_' �• � � � � I dle XX�XX�XX L1re��e Nn
1 i 1:' C: !��� ' , ,� �^ �. �°���-�\�, � '( � =�Sl ' � - �'
,.c�r , -i�---�. " � . . .9�� ' � � , c ;
.�_i . _. •�:` ��:� . � � ' , $' ��` .
. . � . ._. . �. �� . . � .. " '. . . • •-, ' - . - �' � Hyya .. -.�:9 _ Y�[i i. _�. _ y . ,
• ' - z i� i.� �i ,� �i .r' �, , . , �.
� ..._:� � � ., . 't 3�� _ �_ `3' �'N .o '{. x.k��_s.a: � a.. . , :�.• �s f � �,.�i ^Y�':..�. 'a
:. .r ! �. '�'•• 2C.� � . :j°�` .. . 4�� Vy...s��= ..,y; '.tk, r.�� �'7��t'� k�'� ��a` qf�!' + �' ��` _.� 4,
. �--�-- �M '�r. �I�� �f�. �h� � t1� a" I �!Y � �� -� _.��'�"� 'O"�p t�. ,•�. �r � ��'� l} �
� r r i } . i _ . . - . . I - ��'� ...
!�:I�� � �' I, t { � '. � y. .
t
- - ��-'� I � y s� �..�. �;�< . r.ry�f y.-�� '� �; � �. . . s. .[ y�j 1 .� �� ��� Prepared for:
,, {� r-'� � I . yy; 'y,4"�':' 1 � �.:...5 ;� l.,fct.; ,.Li7.
p . f ' � . - '4 1�� � ��_ � Yr #�� ��t � � � ' �
� � r
f�iira• �1 f W, .f' `i �1�3;: 1 i�-,- . Er�'�',N � �+A Y'}. ��� ��� �.:w � �� .. -
.F . n fe 1 � 1 � :. S � �_ I � .c:5 S �' r . �`�'� . � f" ��j�- �U"�tl; `�j ,�� }
;
� � � � �� '.,'��...� � . � .: Anderson
. � . - i� . a . .� :,��r r ,,, . ,_ , � .E� _ � -��* s�
, � _ ,� � ��� ' � ( �
r s a .. � . 6 �' "*.�, ��'l�,'� �' - �rn��> c�if? '� ' ��'t, �1 � �' - �r �" �'� ����' � anle
. �;��.� , ,.��� �, � �. { ; ���� :� � �.�� Co p s
�� ,
�
101215
Second Draft
October 12,2015
RIGHT OF ENTRY AGREEMENT
THIS RIGHT OF ENTRY AGREEMENT (the "Agreement") is made and entered into this
day of , 2015, by and between the Housing and Redevelopment Authority in and
for the City of Richfield, Minnesota, a Minnesota public body corporate and politic ("HR.A"), the
City of Richfield, Minnesota, a home rule city and Minnesota public body corporate and politic
("City"), and Inland Development Partners, LLC, a Minnesota limited liability company
("Developer"). The HRA and the City are referred to collectively herein as "Owners."
RECITALS
First: The City is the fee simple owner of the real estate located at the addresses identified
by parcel identification number on the attached E�iibit A (the "Properties"). It is the intention of
the City to convey all of the Properties to the HRA by the end of November 2015.
Second: The HRA intends to aequire all of the Properties from the City by the end of
November 2415.
Third: The Developer is investigating the possibility of purchasing the Properties for the
purpose of redevelopment.
Fourth: The Developer wishes to have its consultants conduct geotechnical testing,
environmental assessments and other related studies on the Properties in order to identify whether
the Properties are suitable for the Developer's intended uses. Developer has requested that the
Owners grant the Developer, its employees, agents and contractors, the right to enter the Properties
to conduct said testing and studies.
Fifth: The Developer also desires to secure the consent of the Owners to enter the Properties
: for the purpose of conducting land surveys of the Properties. Developer has requested that Owners
grant their consent to the entry of these additional consultants onto the Properties to conduct their
studies.
Sixth: It is understood that in executing this agreement, the Owners will not be granting
(a)any permanent interest in the Properties to the Developer, or (b) exclusive use or possession of
the Properties to the Developer.
AGREEMENT
NOW, THEREFORE, in consideration of the premises and mutual obligations of the
parties contained herein, each of them does hereby represent, covenant and agree with the other
as follows:
1
468797v1 JAE RC125-348
1. Ri�ht of EntrX. Effective upon the date hereof, the Owners hereby grant to the
Developer, its agents, employees, contractors and invitees, and such other consultants as the
Developer may elect (collectively, "Consultants") the right to enter upon the Properties, for the
purpose of carrying out the activities described in the fourth and fifth recitals above (the "Permitted
Activities")relative to the Developer's possible purchase of the Properties.
2. Consideration: In consideration for such right of entry, Developer agrees to:
(a) Notify the Owners of the date and time that work by the Developer or its
Consultants on the Properties will commence under this Agreement, which notice
shall be at least three (3) business days prior to doing any work on the Properties in
order to permit the Owners' employees or consultants retained by the Owners to be
present during the time any work is being done by the Developer or its Consultants;
(b) Secure all appropriate governmental approvals and permits for any work that w'ill
occur within public streets adjacent to the Properties;
(c) Provide a copy of all test results and reports prepared by the Developer's employees
or Consultants (except appraisal reports) evaluating the conditions present on the
Properties to the Owners as soon as reasonably possible following final completion
thereof.
(d) Dispose of all solid waste generated during the course of the Developer's sampling
activities and other work on the Properties in accordance with applicable federal,
state and local laws,rules and reguiations.
(e) Do the work in the shortest period of time reasonably necessary to complete the
Permitted Activities under this Agreement as the Developer, in its sole discretion,
shall elect to undertake;
(fl Use the Properties only for the purposes described herein and not park or store any
equipment on the Properties, except during the limited periods of time when the
work on the Properties which is contemplated by this Agreement is actually in
progress;
(g) Do no unnecessary damage to the Properties and restore the Properties to
substantially the same condition as the condition in which they were found by the
Developer at the time of the Developer's or its Consultants' entry upon the
Properties pursuant to this Agreement;
(h) The Developer agrees to indemnify, save harmless, and defend the Owners and their
officers and employees, from and against any and all claims, actions, damages,
liability and expense in connection with personal injury and/or damage to the
Properties arising from or out of any occurrence in, upon or at the Properties caused
by the act or omission of the Developer or its Consultants in conducting the
Permitted Activities on the Properties, except (a) to the extent caused by the
2
468797v1 JAE RC125-348
negligence, gross negligence, willful misrepresentation or any willful or wanton
misconduct by the Owners, their officers, employees, agents or contractors; (b) to
the extent caused by a "Pre-Existing Condition" as defined in this paragraph 2(h);
and (c) caused by the acts or omissions of anyone not within the Developer's
control, including without limitation, the Owners and their officers, employees,
agents or contractors. "Pre-Existing Condition" shall mean any condition caused by
: the existence of hazardous substances or materials in, on, or under the Properties,
including without limitation hazardous substances released or discharged into the
drainage systems:, soils, groundwater, waters or atmosphere, which condition
existed as of the date of this Agreement and became known or was otherwise
disclosed or discovered by reason of the Developer's Consultants' entry onto the
Properties;
(i) The Developer shall not permit any mechanics', materialmens' or other liens to
stand against the Properties or any part thereof for work or materials furnished to
the Developer in conriection with the right of entry granted pursuant to this
Agreement and the Developer agrees to indemnify, defend and hold harmless the
Owners from and against the same.
(j) The Developer shall ensure that its Consultants or their contractors or invitees which
enter the Properties pursuant to this Agreement shall carry insurance during the time
any work is done on the Properties in accordance with the following minimum
requirements:
A. Workers' Compensation Insurance with limits as provided by statute,
with all necessary statutory elections to provide coverage for and/or claims made by
any person doing work on the Properties pursuant to this Agreement;
B. Employer's liability insurance (often included as coverage (b) in the
Workers' Compensation policy)with limits of at least$100,000;
C. Comprehensive Auto (and truck) Liability Insurance with minimum
combined single limits of$1 million per occurrence;
D. Comprehensive General Liability Insurance (including coverage for
contractual liability, products and completed operations liability, liability arising out
of explosion, or underground related incidents) with minimum combined single.
limits of $1 million per occurrence. In addition, the Comprehensive General
Liability policy shall include the Owners and the Developer. as additional insureds �
with respect to work done on the Properties.
(k) If the Developer or its Consultants remove a sample or portion of the Properties for
investigation, monitoring or testing or obtains any data or issues any report, it must
give the Owners a copy of any data or report.
3
468797v1 JAE RC125-348
3. Expiration. The right of entry provided under this Agreement will automatically
expire on June 30, 2016
4. Govern'ing Law. This Agreement shall be interpreted in accordance with the laws of
the state of Minnesota.
5. Notices and Demands. All notices, demands or other communications under this
Agreement shall be effective only if made in writing and shall be sufficientl� given and deemed
given when delivered personally, sent by overnight or same day courier,transmitted by facsimile, or
. mailed by certified mai�,return receipt requested,postage prepaid,properly addressed as follows:
Inland Development Partners,LLC
20505 Lakeview Avenue
Deephaven, MN 55331
Attn: Kent M: Carlson
With a copy to:
Mary S. Ranum,Esq.
Fredrikson&Byron, P.A.
200 South Sixth Street, Suite 4000
Minneapolis,MN 55402
Richfield Housing and Redevelopment Authority
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, Executive Director
City of Richfield
6700 Portland Avenue South
Richfield, MN 55422
Attn: Steve Devich, City Manager
Or to such otfier persons as the parties may from time to time designate in writing and
forward to the other persons entitled to receive notice as provided in this section.
6. Amendrnent. This Agreement may be amended by the parties hereto only by written
instrument executed with the same procedures and fortnality as were followed in the execution of
this Agreement.
(The remainder of this page is intentionally left blank.)
4
468797v1 JAE RC125-348
IN WITNESS WHEREOF, the parties have executed this Agreement effective the date and
year first above written.
HOUSING AND REDEVELOPMENT INLAND DEVELOPMENT
AUTHORITY IN AND FOR THE CITY OF PARTNERS, LLC,
RICHFIELD, MINNESOTA a Minnesota limited liability company
By: By:
Mary Supple
Its: Chair Its: ,
By:
Steven Devich
Its: Executive Director
CITY OF RICHFIELD, MINNESOTA
By:
Debbie Goettel
Its: Mayor
By:
Steven Devich
Its: City Manager
57106300_2.docx
S-1
468797v1 JAE RC125-348
EXHIBIT A
PROPERTIES
Address Parcel Identi�cation No.
6609 17th Avenue South 26-028-24-41-0078
6601 17th Avenue South 26-028-24-41-0079
6615 17th Avenue South 26-028-24-41-0077
6621 17th Avenue South 26-028-24-41-0076
6627 17th Avenue South 26-028-24-41-0075
6633 i7th Avenue South 26-028-24-41-0074
6639 17th Avenue South 26-028-24-41-0073
6645 17th Avenue South 26-028-24-41-0072
. 6620 18th Avenue South 26-028-24-4�-0067
6626 18th Avenue South 26-028-24-41-0068
6632 18th Avenue South 26-028-24-41-0069
6638 18th Avenue South 26-028-24-41-0070
6644 18th Avenue South 26-028-24-41-0071
6700 18th Avenue South 26-028-24-41-0080
6708 18th Averiue South 26-028-24-41-0081
6714 18th Avenue South 26-028-24-41-0082
6720 18th Avenue South 26-028-24-41-0083
6726 18th Avenue South 26-028-24-41-0084
6732 18th Avenue South 26-028-24-41-0085
6738 18th Avenue South 26-028-24-41-0086
6744 18th Avenue South 26-028-24-41-0087
6701 18th Avenue South 26-028-24-41-0107
6709 18th Avenue South 26-028-24-41-0106
6721 18th Avenue South 26-028-24-41-0104
6727 18th Avenue South 26-028-24-41-0103
6739 18th Avenue South 26-028-24-41-0101
6745 18th Avenue South 26-028-24-41-0100
A-1
468797v1 JAE RC125-348
_ ,�_
�w�.., , __ _ _
,...,.�,...;<
� � �r �:: .:� , � S ITE P LA N
� . ,� �
� � �:� � � ,
�,�� ,. 0 10 0
., ;; north
� , . _
�' � ''� �` SITE DATA
� �� �. �.
� �,��� . ��. � . �� � �
� � � �� � � .� �
�,
:r_ ;,.,�
TOTAL U N ITS 299
t -�:�
� � - �
.. .
�
: � -- �
"R , Y„ ,,. ;,�;
__ — _ ., - . , , .•. .
_._.. . . -
` �.�� , � �A�°���� ��QUIRED 449
; . . ._
i� � �
� �
___ _. .---____ .
� � .
� � j �� PARKING PROVIDED
� � •�. SURFACE 133
� �� � �
�,,,� ;; � � � � ,, � GARAGE 299
� ` ' �` � � ON STREET 82
► `' q , —+--�--— ' �' �� �.
' I ' ' '� � ,� ; "'""'"'' TOTAL 514
� =- � �
' ' ; � � iX � �
� ���, '�,� _, � C � ;, ,� �
�� ' �� �� '� ;���-t , 5 5 rs ,� � ,
'''��' `�*� ! '--' ��� .w. , ,�
�� � � � �4� �, � ,;. �� �
t � � ,� 5�� '' �,. ,, ~ � ,� �
' ,�' `� � . � ,�, � �
'�, � �'�,� ,— � �j,� � ,�I °I�► "► � ,�;� ,,w,, �' r�
� cP �� �; ''� .�: .�a, � � �
, . .
,, r � ,���, �� =� � �
,.
, �
,; . .. ,. � �;
l : �3..-
ti.� . �7� �. t.,� T. '� i� .. ...
s ��,�`� P KI �� :� �. �Y„ } `
',,. � + s� c�� .. G�fZA f -.� �
. �� � � �� x� � � . . � �� � �
',,� :` �C �`,'i�- ����..._ { i � f rr. �
�� � . ; r� '� {I � � � � �■� "�
, � � f }.�--
. } � � �
. .r.
� � �- �
� � �� ,r ��y.� ��'' '\� �
� �. .,�'� / .. � .� � - - �i
�. .*. , � �, \\ ;� ,,� �31 ca� s
����. � �^� \ / ~� yr� \, �� � �
�� >>�� t
w, r. '�
!� N' ���� y s� �� � �� i
�� �;• 1, `C� X�� � �' �� �
� \ � ; }.
� r� ��
�.� �'� �C��c'�., ��,�5 �1�
� ' � � ' 1� �,
.� � .S _ .�
��. . a �'`�`� �c
.. � t- - � �`��KI tG ,
. ,r`� g � �° GA�A� �� :'
�" �',�"` 'y � +- _��,, ,�' � L� .�, 'a
1� � � ��1 r'' �� . , �
� - �� �' �� � � a
� C LU .�t0 � ; ,.� %
� � �* ,� � �.;s.�r...���:�.� ,.
� � - � �� �
, �,
,�¢ �' ;;�. +
� h � �� � �� r��� � ��f
R � ��? ��`�aRA� � �CESS� � ��
� � � ��.
� --- � °'� `f �' �'`� �
�� -� + �,, }:
fj { � --L1� f � �1 � � � a� ;
,i 4
-:j'- t�;'!:-...... - __ _- _ ;.�...r�� �, ;
( �yc. .
i� *.� �� � �� �,. ;
� \ E J� i` _ � / (�.\ �� f N � � �
� � ` 6�� � �` { �;�' � � ,
�,__,n. . � , '� �� _� h� I �
'�'' 11 �� � G���. tI ,, ` � �` .
I � � � --�^—- �
�
^�&Aa�,:
��w. �
_ ,. 3��w�,:, , �:- �_;° ,, `'?� .:.
,�. , ,. , .. .
a' �.� —.�,:.birw
. F . , .� �, Fnn��� ` "�"��3 N,.���
' - �.N=- . , ' ...,. .
� r
.
, � �' -b : f � .
�
� __.. . �.�. ..._...... _'�
�� ... .[_�..'-���._,i2_.�s �_...,� .�_.. ... � �. : � .94
. ,: . . . . ...: ... ._.. VF W.'. _.... .
OPTION A
AN DERSQN RICHFIELD
_ COMPANIES
HOUSING � � �
Richfield. M N
Comprehensive 8uiiding � Devetopment Servites M15-030 09-11-2015
— -- ---`s"":'�- � - _ _ _ _ -
��— - ��� -- - 1--� �--��.�—;_- ,1—_�^��'��°r--'�.,^
"��k.'�w �..� �•.'ti�K. � �`"f �,,.,. �
�.y�, ,!y `•� � Y� -���,y� ' � tL1l� � �
_ .. _ ——��'���'i�(j �� dl. .���A'� ��JG f�-�..,� �k �.+,0 q,,:��� ta�4�Y:
�j ,•J�r� 'ti+�- '{r4 f�''�';/ �y.` '1.I �� ��� �..�:.. �?T+.��y�.� x
—^ 14 ���•�:.� Y �$�� �J• `-�� .���� ��l4 y.� •}�•
�^ F• �.. .1 �.
,_ –��� `��4 rf�' �I��' y�;�.���ty , '.C,�,. �� � ! ���': � ' ,e �.
�,_.�+"' ��' ��_ � �..:r•• �
. . ��
,��.,}7�"� w� .. • er
_ T;�,�����rt'' ,�C"'�"�'�r''3 j��� • l4�j�;��" �I. �� ���!��"' i;�ii . � y. ♦ "'� �
,` .. '�1'7� � '' yy�� -.�.�� - •�rr1K� �� � j��� ti' �i�i� n ■r'ir :� �I�i � �y ��''y�,
l ..... ..'6�� ..., � u"�' ' � � �` . . ;'i �r-'�� fl��
— -- _ °�,. '1:11 ���.::� +"�'+r� �� n n i �._ Y �S ,:n � G �
_ �:� � i� • .. � �. ��y .^ I r� �,' � 1'�I _'T' •/4f.f �.Y`y�x�•
_ �7��y•�j�..ti..�.y1' } i�' 1' . n��l .y •,`�� T.
1}S.J� � '�wti� •..��., 1 r .�.r
_ u/r,, �...' �,.�L f�.r� .�y����
.r��i��� — •� � '•�• �• �!Y(�'
Li 7l ' — , Y•
J: 7 � 7��;" �°--+-�tit�� �" "' ., ..'.�,�r . yF.�..�
�:�� +, ;���� ��'" - �`1SC�.-•""'���=�-.�^' �.' '; +I 'I' �;i;'" �� ,r�;
�•, ;� , �}' ��,1!��'6 � m '; '� -
+y,�.`n ■. � y i �i �Y i. - ,,.
'�'� .F 1� ����l�rv �� �,C} I '�'/� �•� w
- tr�i�I r� '�j
, .�� �_. •.. , .
, _ .. .., � ....
. • •°' �
..A. 'd,'4m
i
,t
�� T
�
� �;Ar .:- : � ��`n'�6�!i���lu������
_ .� owr;.. �wti;�. �;'
'�.
:�';�"•:;
� � �
r"f',.. _ci` ;,; ���_
"�l �' q°3`y �. � '����..__r�
� ...'�,�q :�, ����� ,o
x'?'� :••�i.:�•' �� � � .w�-
��i�,� ''' •r..� - .�''-.�`.�" - �' 'y��i� = ,;�a „_ -�.
i�. .. :-���f�=� �o � _- �;�' r }�:.y', �,.._ '
. a.�`,��._�''"'i�i�1� ..�• , r' " '�r� �s��Y.�'i',-e�- :`""�- . .at
..
� _ �
"��L y��� �� jj � J�p�, �►i. �iy7�=yy���� �'j�;`;
.� � .
_. .-�► 1� ., j�v.�i.��.c'�'' �^��.,� �y�� r<��"�"�f'.�*'-.�.y{I:. '}.
w.al � �f,M..� ��' -��� t
:�. y,• . I��` .' , ,'aS •
I •• R �
.. �...: �.�' ra. ..:. ,i 7�'v �� �. L . •1" �''i�ei.e��� �,•, f .�Sr'�`'1���' .,r��e,�G� '$'
- !:• � •�ry,.�t�l �•;'.�► re�,''�y� ,,�qt y kr'•
.�� .,i'n�`i�.,K;: :' C : `�i..
Y � �� 'ys r'���'� '•��t'
f-' q�!!!�I�' y�� ��"`�� �"• `.'J��.
• ��. � � rr� .r ��:" e -
�' �`' �i';!�r �"!� il��i ,r t �e� . .�.,'� �,.w��
�...
�v' } v;�L���� �r � � _ .:'� • -
':: � :��ii�4 .m,or -�.u M� il1 �. 1-. �.` �r�'...
� �' :�S�i7��� �:���� ��� �:.� %r�• h Y�' �i��' + fs��:
�'�--r�r'1�,A.":�:. �,+,���+y� .�i� �!{� ='�a ���:"r {''� : . ���`''
r + � « , � A� ± r ,..?�.
��
.#;M�'UI . `�" � r; 11�� � ••u.i.�„_:.�. ;..,,,�
�. L _ „���7�L � � :� �ro-n ��4:s._. .111... - . .;;�..
' ' ��� �. y "�,.a�e F� _ �NM..-., s:''2c'� ,. ' }.� '
�`,�s�y��1�� �.. �t,,.�ll���y�_ ��
`aY,�Sy .:YtiM�c. . _•_�'� �~ -
.. �
y� �� •i ..: - ..+ c
' _.:�' � _.
� . •.
_.
..
..
�q'�� .�.:- �n ' ,.
� - u..7�:� ,_,,: � r _ ...,..
:�+�'' '� - y x. .,�--+e'",',
� J
;�'g�
� �.:�- �r� '�,��w n�
.
. , �
_... "9�� kS
�^ �.r;
� •.
• • • •
` � � • ,
� . � • , � � ., , � , , � .
- .
. . - - - . . . . - - . . - - - � � �• �