07-18-94 agendaCITY OF RICHFIELD
HOUSING AND REDEVELOPMENT AUTHORITY
MONDAY, JULY 18, 1994
COUNCIL CHAMBERS
7:00 P.M.
AGENDA
CALL TO ORDER
APPROVAL OF MINUTES OF HRA MEETING OF JUNE 20, 1994
1. OPPORTUNITY FOR CITIZENS TO ADDRESS THE HRA ON ITEMS NOT ON THE
AGENDA
2. CONSIDERATION OF AUTHORIZATION TO REVISE CONTRACT FOR PRIVATE
DEVELOPMENT BETWEEN CSM AND HRA
HRA LETTER N0. 47
3. CONSIDERATION OF HRA REVIEW OF ILN PHASE II REDEVELOPMENT
PROPOSALS
HRA LETTER NO. 48
4. CONSIDERATION OF APPROVAL OF STIPULATIONS, CONDEMNATION ACTION
CSM PROJECT, PHASE I: SOUTHTOWN VILLAGE APARTMENTS, TANDEM
PRESS AND EMERSON AVENUE CONGREGATIONAL CHURCH
HRA LETTER NO. 49
5. CONSIDERATION OF PURCHASE AGREEMENT WITH CSM TO PROVIDE
RELOCATION SITE FOR EMERSON AVENUE CONGREGATIONAL CHURCH
HRA LETTER NO. 50
6. CONSIDERATION OF RICHFIELD REDISCOVERED REMODELING PROGRAM
STATUS REPORT AND CONTRACT WITH JANET POSUS-RYAN FOR
REMODELING ADVISOR SERVICES
HRA LETTER NO. 51
7. CONSIDERATION OF PROPOSAL TO CONTINUE COMMUNITY APARTMENT
PROGRAM FOR SECOND YEAR
HRA LETTER NO. 52
8. CONSIDERATION OF RESOLUTION AUTHORIZING PURCHASE OF 7424 FIFTH
AVENUE TO INITIATE TRANSFORMATION HOME PROGRAM CONCEPT
HRA LETTER NO. 53.
9. CONSIDERATION OF RESOLUTION AUTHORIZING ISSUANCE OF
CERTIFICATES OF COMPLETION TO MARLIN GRANT HOMES INC. FOR
RICHFIELD REDISCOVERED PROPERTIES AT 6912 OLIVER AVENUE AND
7124 WASHBURN AVENUE
HRA LETTER N0. 54
10. CONSIDERATION OF AUTHORIZATION TO NEGOTIATE TEMPORARY USE AND
OCCUPANCY AGREEMENT FOR CLOVERLEAF SITE WITH 77TH STREET PHASE
II CONTRACTOR
HRA LETTER NO. 55
11. EXECUTIVE DIRECTOR REPORT
12. 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 ADMINISTRATIVE SERVICES DIRECTOR AT 861-9702.
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 55
Agenda July 18, 1994
Issue Statement:
Authorization to negotiate a Temporary Use and Occupancy Agreement
for the Cloverleaf site with the 77th Street Phase II contractor.
Background:
On April 19, 1993, the HRA approved the use of the Cloverleaf site
for a cement batch plant for the 77th Street Project. Following the
selection of Shafer Contracting Company by the MnDOT as the
contractor for Phase I construction, the HRA granted the right to
also use this property for road material storage and recycling.
The agreement is set to expire August 11,
According to the City Engineer, Shafer wi
of the site by that time. Bids are to be
potential Phase II contractors. The City
it is likely that the Phase II contractor
site for the 1994-95 construction season.
1994 (see attached).
11 have completed their use
opened August 1 from
Engineer has indicated that
would like to utilize the
Recommended Motion:
Authorize staff to negotiate a Temporary Use and .Occupancy Agreement
with the selected Phase II contractor which closely follows the
agreement with Shafer.
Basis of Recommendation:
1. The scope of the Phase II project would make the availability of
a staging site desirable.
2. There is no practical alternative site available.
3. The agreement was formulated to protect the HRA and minimize any
potential for liability (see the agreement in general and
paragraph 10 specifically).
4. The final agreement will be brought to the HRA for approval.
5. If a developer becomes seriously interested in the site, a 90 day
cancellation notice is permitted.
Alternative Recommendation:
1. Refuse to authorize staff to negotiate.
2. Modify the agreement.
Discussion/Decision Mode:
It would be helpful to Phase II bidders to know whether the site
would be available to them during the 1994-95 construction season.
Resp lly submitted,
Jame Prosser
Execu °ve Director
JDP:ds
TEMPORARY USE AND OCCUPANCY AGREIIVI~TT
(Cloverleaf Site)
This Agreement is made this ~~day of , 1993, by and between HOUSING
AND REDEVELOPMENT AUTHORITY I D FOR THE CITY OF RICHFIELD, a
public body corporate and politic ("Authority" } , and SHAFER CONTRACTING
COMPANY, INC., a Minnesota corporation ("Contractor").
Recitals
A. The Authority is the owner of certain land ("Site") located at the northeast
quadrant of the intersection of Interstates 35W and 494 in the City of Richfield,
legally described on the attached Exhibit A.
B . Contractor has entered into a contract ("77th Street Contract") with the State
of Minnesota Department of Transportation for the construction of improvements to
77th Street in the City of .Richfield . In order to perform Contractor's obligations
under the 77th Street Contract, Contractor requires the use of the Site for location
and operation of a portable cement batch mixing plant (Batch Plant) and for the
location and operation of a portable asphalt and concrete recycling plant (Recycling
Plant) .
C . Authority and Contractor desire to enter into an Agreement to permit
Contractor's use of the Site, subject to the following terms and conditions.
Agreement
In consideration of the mutual covenants contained herein, and one dollar, receipt
of which is hereby acknowledged by Authority, the parties agree as follows
1. Use of Site. The Authority hereby grants to Contractor the right to enter
upon and use the Site for the placement and operation of a portable cement batch
mixing plant (Batch Plant) and asphalt and concrete recycling plant (Recycling
Plant) , together with the right of ingress and egress over and across those portions
of the Site which are depicted on the attached Exhibit B . The Batch Plant may be
used for no other purposes than the making of cement to be used in connection with
the 77th Street Contract. The Racyc'.i:.g Pla„t may be "sed for no other purposes
than the recycling of asphalt and concrete in connection with the 77th Street
Contract .
2 . Plant location; tniti~ation of adverse impacts . The Batch Plant and Recycling
Plant must be located within that portion of the Site which is depicted on Exhibit B .
Contractor will stockpile materials to be recycled in the area identified on Exhibit B .
The stockpiles must be enclosed by a snow fence or appropriate substitute which is
designed and placed in a manner to exclude intruders from the stockpiles. At any
time during the term of this Agreement, the Authority may require additional
mitigative measures which, in the Authority's reasonable judgment, are deemed
necessary to reduce the adverse impacts of the Batch Plant and Recycling Plant on
neighboring properties (e. g. , noise, dust, odor, vibrations and light) .
3. Removal of Plant During Non-Use. Contractor will remove the Batch Plant
from the Site during any period of 15 or more consecutive days when the Batch Plant
will not be in operation .
CAH55709
RC160-4
4. Hours of Operation. Contractor will operate the Batch Plant and Recycling
Plant (including run-up time and maintenance procedures) in compliance with the
requirements of Section 930.09 of the Richfield City Code or variance, if any,
granted under Section 930.35 of the Richfield City Code .
5 . Condition of Site . Contractor acknowledges that it has had an opportunity to
inspect the Site and accepts the Site "AS IS." The Authority makes no representa-
tion regarding the suitability of the Site for the intended activities, or the
availability of appropriate utility services needed in connection with the Contractor's
operations.. Contractor acknowledges that it is responsible for satisfying itself with
respect to these matters and for making all necessary arrangements with utility
suppliers, including matters relating to fees and charges, metering, connections and
permits .
6. Water Wells. If Contractor intends to install a water well on the Site, it must
obtain all required permits and approvals, and the consent of Authority as to the
location of any water well. Authority may require that Contractor post a bond or
other security reasonably acceptable to Authority, to assure Authority that
Contractor will properly remove and seal the well upon termination of this Agree-
ment. Contractor agrees to indemnify and hold harmless Authority from all claims,
damages, costs, and expenses, including reasonable attorney fees, that Authority
may suffer or incur as a result of Contractor's failure to properly remove and seal
the well .
7. Pollution; indemnification. Contractor agrees not to release or discharge any
hazardous wastes, contaminants or pollutants on the Site; if such releases or
discharges occur, Contractor agrees to cooperate with all government agencies
having jurisdiction over such matters and to fully comply with the directives of such
agencies regarding clean-up and remediation of the Site . Contractor agrees to
indemnify and hold harmless Authority from any such release or discharge.
8. Site Restoration. Upon termination of this Agreement, Contractor will remove
all rubbish, debris, materials, and equipment placed on the Site as a result of its
activities, and will restore the Site to its prior condition. Contractor shall not locate
the Batch Plant or Recycling Plant on Site until Contractor has furnished Authority
with a performance bond in the amount of $50, 000.00, to secure Contractor's
performance under this paragraph.
9. Insurance. Contractor agrees to obtain Public Liability and Property Damage
Insurance, naming the Contractor and the Authority as joint assureds, and with a
cross liability endorsement protecting the City of Richfield from claims or damages
for personal injuries, including accidental death, as well as for claims for property
damage which may arise from operation of the Batch Plant and/or Recycling Plant,
whether such operations be by the Contractor "or by a subcontractor or by anyone
directly or indirectly employed by either of them. Said Public Liability and Public
Property Damage Insurance policy shall provide that the insurance company waives
the right to assert the immunity of the Authority as a defense to any claims made
under said insurance. The amount of the insurance will be as follows: Public
Liability Insurance in an amount of not less than One Million Dollars ($1,000,000.00)
for all damages arising out of bodily injuries to, or death of one person and subject
to the same limit for each person in a total amount of not less than One Million Dollars
($1, 000, 000.00) on account of one accident, and property damage insurance in an
amount not less than One Million Dollars ($1,000,000.00) for all damages to or
destruction of property in any one accident and subject to that limit, a total limit of
CAH55709
RC160-4 2
One Million Dollars ($1, 000, 0000.00) for all damages to or destruction of property
during the policy period
10. Indemnification. Contractor agrees to indemnify and hold Authority, its
officers and employees, harmless from all claims, damages, costs or expenses,
including reasonable attorney fees, which arise out of the Contractor's activities on
the Site .
11. Safety. Contractor must conduct its activities on the Site in a manner which
is reasonably safe and shall at all times maintain the Site in a reasonably safe
condition .
12 . No liens . Contractor will not permit or suffer any liens or other encumbrances
to be placed on the Site as a result of its activities and agrees to defend, indemnify
and hold Authority harmless from any such liens or encumbrances .
13. Term of Agreement. This Agreement will terminate one year after the date
written above, except as provided in this paragraph. Authority, in its sole
discretion, may extend the term of this Agreement by executing a written document
to that effect. Authority may terminate this A"greement at any time during its term
or extended term: (a) for any material breach of this Agreement by Contractor, such
termination to be effective upon written notice by Authority to Contractor of the
breach; and (b) for any or no reason, such termination to be effective 90 days after
written notice by Authority to. Contractor .
IN WITNESS WHEREOF, the parties have executed this Agreement on the date
and year written above .
CONTRACTOR S'-'t- ~^"`~ ~' / ~~ '
Its -~.._,..~c-~•.-.,
By
Its
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND~R THE CITY OF RICHFIELD
By.
'JV ~~~G ~~ ` C
Its , In •~, ~ ~--~
B
CAH55709
RC160-4 3
,: STATE OF MINNESOTA )
SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 12th day of
August ,1993 by George W. Mattson and Brad Mattson ,
the ___Secretary_______ and _Vice-_P_r_es_ident_ __, respectively, of
Shafer Cantractin~ Co., , a Minnesota Corporation
,~~
S. J. NEILS Notary Pfxblic
..~~f ~,i~ NOTARY PUBLIC -MINNESOTA
':tit WASHINGTON COUNTY
My Comm. Exp. Apr. i t, tA94
STATE OF MINNESOTA )
} SS.
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this day of
u ~~ 1993 byTh^)vJas ~ .N~Y'/'1'15 and ~ ry~~~, "^~,: ~4~ , the
chair rson and executive director, respectively, of Housing and Redevelopment
Authority in and for the City of Richfield, a public body corporate and politic under
the laws of Minnesota.
..~•r+~•
MY ~pxet 4897
rL ~. - r C~~'~ C-
Not. ry P lic ~i
CAH55709
RC160-d 4
EXHIBIT A
(Legal Description of Site)
PARCEL 1: The West 1 / 2 of the East 1 / 2 of the Northwest 1 /4 of the Southwest 1 /4
of the Southeast 1 /4 of Section 33, Township 28, Range 24 excepting roads .
PARCEL 2 : The East 1 / 2 of the East 1 / 2 of the Northwest 1 /4 of the Southwest 1 /4
of the Southeast 1/4 of Section 33, Township 28, Range 24 AND the West 1/2 of the
West 1 / 2 of the Northeast 1 /4 of the Southwest 1 /4 of the Southeast 1 /4 of Section 33,
Township 28, Range 24 excepting roads.
PARCEL 3 : The East 1 / 2 of the Southwest 1 /4 of the Southwest 1 /4 of the Southeast
1 /4 of Section 33, Township 28, Range 24 AND The West 1 / 2 of the Southeast 1 /4 of
the Southwest 1 /4 of the Southeast 1 /4 of Section 33, Township 28, Range 24, except
that part taken for road and being described as that part of said Southwest Quarter
of the Southeast Quarter which lies Southwesterly of a line running parallel with a
distance of 75 feet Northeasterly of the following described line : From the Southwest
corner of said Section 33, running Easterly on a line which would pass through the
South quarter corner of said Section 33, for 4069.1 feet to the point of beginning of
the line to be described; thence running Westerly along the last above described
course for 321.17 feet; thence deflecting to the right at an angle of 90 degrees 00
minutes for 1.5 feet; thence deflecting to the left at an angle of 90 degrees 00
minutes for 100 feet; thence deflecting to the right on a 10 degree 00 minutes curve,
delta angle, 38 degrees 57 minutes for 389.5 feet; thence deflecting to the right on
a 1 degree 00 minutes curve, delta angle 6 degrees 32 minutes 18 seconds for 600 feet
and there terminating. Also except street easement per Document No. 3214864.
PARCEL 4 : All that part of the East 1 / 2 of the West 1 / 2 of the Northeast 1 /4 of the
Southwest 1 /4 of the Southeast 1 /4 of Section 33, Township 28, Range 24, lying
South of the North 315 feet thereof, except the east 30 feet thereof .
Containing 13.436 acres more or less .
CAH55709
RC160-6 rj
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HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 54
Agenda July 1$, 1994
Issue Statement:
Authorization to issue Certificates of Completion to Marlin Grant
Homes Inc. for Richfield Rediscovered properties at 6912 Oliver
and 7124 Washburn Avenues.
Background:
The HRA authorized development of the above referenced properties
in 1993. The development agreements provide for the issuance of
a Certification of Completion when construction is completed. (A
sample certificate is attached.) The homes have been completed
and occupied. The builder has requested the completion
certificates and the release of the letters of credit now that
the homes are completed and the sales have closed.
Recommended Motion:
Authorize the Chair and Executive Director to execute
Certificates of Completion in accordance with the attached
resolution.
Basis of Recommendation:
1. Construction has been completed and certificates of occupancy
issued by the ..Inspection Division. Site work has been
completed, including concrete, driveway and landscaping work.
2. The builder has performed in accordance with the construction
agreements and will seek the issuance of completion
certificates and the release of performance security in the
following amounts:
Property Performance
Builder Address Security Amount
Marlin Grant Homes, Inc. 6912 Oliver $31,000
7124 Washburn 527,500
Alternative Recommendation:
Do not issue Certificates of Completion at this time.
Discussion/Decision Mode:
The builder has completed the work, per the development
agreements.
Resp lly submitted,
Jam D. Prosser
Executive Director
JDP:ds
HRA RESOLUTION NO.
RESOLUTION RELATING TO THE ISSUANCE
CERTIFICATES OF COMPLETION. FOR RICHFIELD REDISCOVERED
PROPERTIES AT
6912 OLIVER AND 7124 WASHBURN AVENUES
WHEREAS, in 1993, the Richfield Housing and Redevelopment
Authority in and for the City of Richfield, Minnesota (HRA)
entered into development contracts with Marlin Grant Homes, Inc.
for the construction of two single-family homes; and
WHEREAS, the new home locations are as follows: 6912 Oliver
and 7124 Washburn Avenues; and
WHEREAS, the construction is completed; and
WHEREAS, performance security in the following amounts can
be released to Marlin Grant Homes, Inc.:
6912 Oliver Avenue - 531,000
7124 Washburn Avenue - $27,500
NOW, THEREFORE, BE IT RESOLVED by the Richfield Housing and
Redevelopment Authority in and for the City of Richfield,.
Minnesota that:
1. The completion certificates for 6912 Oliver and 7124
Washburn can be issued.
2. The performance security can be released for each
property upon issuance of the completion certificates.
Passed by the Housing and Redevelopment Authority in and for
the City of Richfield, Minnesota this 18th day of July 1994.
Thomas E. Harms, Chair
ATTEST:
Vern Luettinger, Secretary
EXHIBIT A
FORM OF CERTIFICATE OF COMPLETION
The undersigned hereby certifies that ,
has fully and completely complied with. its obligations under
Article IV of that document entitled "Contract for Private
Development°', between the Housing and Redevelopment Authority in
and for the-City of Richfield, Minnesota and
dated filed
as Document No. with respect to construction
of the approved construction plans and is released and forever
discharged from its obligations to construct under such above-
referenced Article.
DATED:
THE HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD
By
Its Chair
By
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Its Executive Director
SS
The foregoing instrument was acknowledged before me this _
day of 19_, by and
the Chairperson and Executive
Director of The Housing and Redevelopment Authority in and for
the City of Richfield, a public body corporate and politic under
the laws of the State of Minnesota on behalf of the public body
corporate and politic.
Notary Public
This instrument was drafted by:
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 53
July 18, 1994
Issue Statement:
Authorization to purchase 7424 Fifth Avenue to initiate a
transformation home program concept.
Background:
The HRA's first transformation project at 6500 James Avenue was a
success in 1993. During 1994, staff has been exploring
additional transformation activity. The HRA has processed loans
of 538,239 to four homeowners to assist in transforming homes
with remodeling contracts totaling 5253,254. Program contractors
are Parsley, Sharpe, Dimension Builders and QSA. (Staff has
also had discussions with Richfield Bank. and Trust/Richfield
State Agency representatives. They have an interest and
sufficient resources to purchase and remodel one or two homes
annually.)
While inspecting property for the Richfield Rediscovered New
Construction program, staff identified a property which has some
deficiencies but may not warrant a purchase-demolition response
by the HRA. The fair market value, as determined for the HRA by
BCL Appraisals, is $67,000. It is proposed that the HRA purchase
the property for $67,000, contingent on identifying a
transformation contractor. The property would then be discounted
to the contractor for $52,000. A 5120,000 to 5130,000 remodeled
home could be provided by transformation. The HRA could also be
requested to provide a 15% of contract transformation loan at
some point. A loan would not exceed 515,000.
Recommended Motion:
Authorize staff to purchase 7424 Fifth Avenue for 567,000
provided a transformation developer can be identified.
Basis of Recommendation:
1. The home has been appraised at $67,000 by BCL Appraisals.
It has deficiencies which give limited appeal in the market
place.
2. It is not cost effective to tear down and build new
construction.
3. The home has been vacant for some time and, as a long time
rental property, has experienced a transient and troublesome
tenancy for Public Safety.
4. At a recent City Council public hearing on the Richfield
Rediscovered property subdivision at 7416 Fourth Avenue, the
property at 7424 Fifth Avenue was cited as a troublesome
vacant house for the neighborhood.
5. The home is for sale at the 567,000 fair market value.
6. A transformation program response returns a desirable end
product to the neighborhood.
Alternative Recommendation:
Do not purchase 7424 Fifth Avenue to proceed with a
transformation concept in cooperation with an interested
developer.
Discussion/Decision Mode:
Purchase would be contingent on identifying a developer. A
transformation development agreement would be brought to the HRA
for consideration once a developer was identified.
Respect lly submitted,
Jam D. Prosser
Exe tive Director
JDP:ds
HRA RESOLUTION NO.
RESOLUTION AUTHORIZING PURCHASE OF REAL
PROPERTY LOCATED AT 7424 FIFTH AVENUE
WHEREAS, the Housing and Redevelopment Authority in and for .the
City of Richfield Minnesota (HRA) desires to purchase certain real
property pursuant to and in furtherance of the Richfield Rediscovered
Transformation Program heretofore adopted by the HRA; said real
property being described as follows:
7424 Fifth: The East 1/2 of the South 59.45 ft of the North 446.15
ft. of the West 1/2 of the Northeast 1/4 of the
Northeast 1/4 of the Southeast 1/4, except road;
Hennepin County.
WHEREAS, the HRA is authorized by Minnesota Statutes Section
469.012 to acquire real property within its area of operation; and
WHEREAS, the property meets program requirements for
acquisition; and
WHEREAS, the HRA has caused appraisals of the subject property
to be made by a qualified independent professional real estate
appraiser and has negotiated a purchase price with the owners based
on the stated value; and
WHEREAS, funds have been provided by the HRA and are available
for acquisition; and
WHEREAS, this acquisition is contingent on identifying a
contractor to transform/remodel the home.
NOW, THEREFORE, BE IT RESOLVED by the Richfield Housing and
Redevelopment Authority:
1. That purchase price is approved at the appraisal value of
567,000.
2. That the Chair and Executive Director are authorized to execute
a Purchase Agreement and other documents to effectuate purchase
for the amount set forth in this resolution.
3. Those agreements must state that the purchase is contingent on
the HRA approving of a transformation/remodeling concept with a
contractor.
Adopted by the Housing and Redevelopment Authority in and for
the City of Richfield Minnesota this 18th day of July, 1994.
ATTEST:
Thomas E. Harms, Chair
Vern Luettinger, Secretary
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 52
Agenda July 18, 1994
Issue Statement:
Proposal to continue the Community Apartment Program (CAP) for a
second year.
Background•
At the May•HRA meeting, Project for Pride In Living (PPL)
representative Laura Klein and Affordable Suburban Housing
representative (ASH) Bill Schatzlein presented an in depth status
report of their activities on the CAP since its beginning in
September 1993. (Both Laura and Bill will be in attendance at
the July HRA meeting.)
The contract under which PPL and ASH administer the program will
expire at the end of August. The July HRA meeting would be an
appropriate time to consider continuation of the contract for a
second year.
Several attachments provide background information:
1. 1993-94 Summary of Accomplishments.
2. Material related to Richfield Apt. Owners and Managers
Association (RAMA). This has been a very successful
effort and required considerable time. RAMA meeting
flyers, a RAMA newsletter and Mission Statement are
included. Also attached is the form which an apartment
owner/manager can submit to obtain information on police
calls (Request for Police Activity Data). One very
tangible result of RAMA has been the much improved
relationships between apartment. owners/managers and
police.
3. 1994-95 Program Proposal
The proposal envisions five outcomes which have been
reviewed by staff and are incorporated into the attached
contract (the contract is virtually the same as last
year's).
a. Continue to work with
plan).
b. Continue collaborative
organizations.
c. Analyze and distribute
survey.
RAMA (see detail of marketing
efforts with other
results of rental resident
d. Implement apartment finance information program (see
program detail).
e. Develop model for rental resident councils.
A budget for the second year is also included at
544,000. These funds are available from the development
fund (The existing budget is 550,000 with billings
through June approximately 532,000. There will be a
fund balance at the end of the first year).
Recommended Motion:
Approve the execution of a contract with PPL and ASH for the
continuation of the second year of the Community Apartment
Program.
Basis of Recommendation:
1. The first year of the CAP has been successful.
2. As the five outcomes proposed for the second year indicate,
there is a need to continue the momentum,
3. Both, PPL and ASH have performed well.
4. Funds for continuation of the program are available from the
development fund.
Alternative Recommendation:
1. Delay action.
2. Propose revisions to the year two program.
3. Direct staff to select another organization to recommend to
the HRA as program administrator at a future date.
Discussion/Decision Mode:
The existing contract expires August 31, 1994.
Respectfu submitted,
James D. Prosser
Execu e Director
JDP:ds
PROJECT FOR PRIDE IN LIVING, INC.
2516 Chicago Avenue South
Minneapolis, Minnesota 55404
Telephone (612) 874-8511 FAX (612) 874-6444
Give me a fish and I eat for a day; teach me to fish and 1 eat for a lifetime.
July 1, 1994
Bruce Palmborg, Richfield HRA Coordinator
6700 Portland
Richfield, MN 55423 '
Dear Mr. Palmborg:
Re: 1993-94 Community Apartment Program
Summary of Accomplishments
Project for Pride in Living (PPL), in partnership with Affordable
Suburban Housing (ASH), is pleased to report that during the first
year we were able to accomplish several important goals.
The Richfield Apartment Owners/Managers group was formed with
over 3500 Richfield apartments units represented at the bi-monthly
General Membership Meetings. Attendance at the General
Membership meetings has averaged 47 owners/managers per meeting.
To our knowledge, this has been the highest attendance of the metro
area owners and managers associations.
Another important accomplishment is the building of partnerships
between agencies, organizations, city services and the apartment
owners/manager association. Churches, City Services, and Social
Service agencies have begun building close working relationships with
apartment owners and managers because of our efforts. City
Departments and other agencies have begun doing on-site delivery of
informational packets where one-on-one contact is being made with
apartment renters.
Enclosed is a summary of accomplishments of 1993-1994 year, along
with attachments. We have enjoyed our work in Richfield and look
forward to working with you another year.
Yours tru~y;
~. _.~`.
:..aura Klein
Community Initiative Manager
Project for Pride in Living
874-8511
Bill Schatzlein
Executive Director
Affordable Suburban
Housing Inc.
824-1628
COMMUNITY APARTMENT PROGRAM
ACCOMPLISHMENTS OF THE 1994
RICHFIELD HRA
July 1, 1994
PURPOSE OF 1993-94 CONTRACT
Project for Pride in Living, Inc. (PPL), in partnership with Affordable Suburban
Housing, proposed to work with the City of Richfield to assess, plan, and offer
unplementation resources that will improve the liveability, appearance, and investment
value of Richfield apartment dwellings while empowering residents to become actively
involved in their buildings and community. .
Outcome One:
A profile of the current population of apartment residents in Richfield will be developed that
will aid in directing plans to achieve our goal. (Duplication of efforts will be avoided.)
Results
* All surveys of Richfield residents that had been completed within the last two years
were reviewed prior to beginning survey tool. '
* Decision Resources Inc. has been contracted to survey 250 Richfield apartment
residents with a 60 question survey via telephone interviews.
* Final survey instrument was completed on 6/10/94 and forwarded to Decision
Resources Inc. for calling.
* Random sample of S00 Richfield rental residents have been identified with phone
numbers.
Outcome Two:
An organization of apartment owners/managers will be established that will support efforts to
maintain decent, low-cost housing that is financially viable.
Results
* Richfield Apartment Owners & Managers Association (RAMA) has been established
since October 1993.
* Members of RAMA have organized the Executive Committee and sub-committees.
* Executive Committee has created the RAMA Mission Statement (See attached).
* Developed and defined a useable database of an owners and managers mailing and
calling lists for outreach and information distribution.
* Four General Membership meetings have been hosted by RAMA, to educate the
owners and managers of Richfield rental units on important topics such as City
Services, Civil Rights, Fair Housing and Discrimination.
* Over sixty owners and managers have attended the General Membership meetings
and over 3500 Richfield Apartment units have been represented at RAMA General
membership Meetings.
* Invitations to the RAMA General Membership Meetings have been extended to City
Staff, Richfield City Council, Richfield Human Services Council, HRA
Commissioners and the Richfield Chamber of Commerce (See Attached).
* A Marketing Plan has been established and is carried out by RAMA's Outreach
Committee and the consultant team(See Attached).
* RAMA has created a bi-monthly newsletter mailed to all Richfield owners and
managers to educate them on membership meeting topics, crime prevention tips, city
and social services and managers sharing helpful hints with each other
(See Attached).
* RAMA has been used as the forum for the Richfield Police Dept to meet with
property owners and managers to review building 911 reports and other concerns.
A report request form has been available at each membership meeting. The request
for building information from Public Safety is given to two Police officers who meet
with the manager at the building site to review 911 activity one-on-one (See
Attached).
* RAMA has requested $5000, as a one year budget from the Richfield Foundation to
support the operating costs including newsletters and mailings (See Attached).
Additional Results
* RAMA members have collaborated with the Richfield Community Education and the
Richfield Parks and Recreation to establish a summer program to register apartment youth in
Community Education (Enrichment Program) and Parks and Recreation,ie., parks, pool,
nature center.
* Apartment managers surveyed apartment residents to determine their interest and need in
summer program.
2
* Community Education and Park and Recreation program provides information about
programs including the availability of transportation for students.
* Apartment managers from four complexes, Community Education and Richfield Park and
Recreation worked together to write up a proposal for the summer programming costs and
submitted it to Community Action for Suburban Hennepin (C.A.S.H). The grant was
denied. However, with the relationships already developed, Community Education, Parks and
Recreation and the apartment managers worked together to register youth at their apartment
complexes to increase participation in Summer Enrichment and Parks and Recreation summer
programs (See Attached).
Outcome Three•
A model for multi-unit dwelling Resident Organizations will be developed.
Results
* The consultants have been building relationships with the property owners and
managers. '
* As these relationships continue to develop we will work to identify an apartment
complex where a model resident council can be established based on an agreement
with the owner.
* Organization of the model will be dependent upon the approval of owners and
managers. The purpose of the councils is to increase communication between
owners/managers and residents.
* Council model will also be used as a vehicle to provide resources" and other
information.
Outcome Four•
A directory of Richfield Human Services and Educational Opportunities will be developed
that includes: a description of services/programs offered; eligible participants; location;
hours; cost; and available transportation. To the extent possible, existing information will be
utilized.
Results
* After meeting with a variety of community agencies, ie, Community Education, City
Departments, Chamber of Commerce, Bloomington/Richfield Family Center,
consultants, city employees, service providers and property owners and managers
found that there were many directories already available.
3
* Increasing the accessibility to directories would be a better use of time and money
rather than creating a new directory.
Outcome Five•
A Community Services Group will be formed to link the City of Richfield, apartment
ownerslmanagers association, human service organizations, educational institutions, and
resident groups in order to create networks for community building through communication,
promote positive working relationships, improve the delivery of services to residents, and
improve the livability of Richfield apartments. A determination will be made about which
services/programs could be brought to housing sites or neighborhood locations.
Results
* We have initiated several collaborative efforts between RAMA and a variety of community
agencies:
- Various City departments were invited as guest speakers at RAMA General
Membership meetings.
- Chamber of Commerce Board met with RAMA Executive Committee to explore joint
marketing and promotional ventures.
- Richfield churches were invited to a focus group to brainstorm about the role of
churches in outreach to apartment residents.
* Once relationships between agencies and organizations have been further developed, a
Community Services Group will be formed in the second year of the contract,
Other Activities
Apartment Finance Information Program
We organized a meeting of City staff, public and private lenders to explore mortgage
financing programs that are available. As a result of this initial meeting we have developed
an outline for the Apartment Finance Program (See Attached).
Churches Adopt-an-Apartment Program
Met with Richfield area churches to explore opportunities for churches to become involved in
outreach activities to apartment residents.
4
Are you looking for ways to~..
.find and keep good residents?
Are you looking for ways to.N
.increase your profitability?.
Are you looking for ways to... .
.solve property management problems?
We are excited to announce that the Richfield Apartment Owners & Managers Association
(RAMA) is "off the ground and up and running". It all started with that first meeting last
October! This group is working with the City of Richfield to help apartment owners and
managers meet the challenges of property management in the 90's.
Mark your calendars...the first RAMA general meeting of the new year is scheduled for:
Date: Tuesday, January 11
Time: 10 a.m.
Place: House of Prayer Lutheran Church
7625 Chicago Avenue
Find out what services/resources are available to you through the City to help you meet the
challenges of today. We were surprised and we think you will be too!
~ Public Safety -Find out how you can obtain police reports on your property.
^
How SAFE HOUSE works. How inspections can work to your advantage.
~ ^
Human Services -What do you do when there is domestic or child abuse?
^ Where can you get rental assistance to help the needy?
^ ^
^
Community Development -How does Section 8 work? What are the
other programs? How can it help me?
^
Community Services -What recreational programs are available for your ^
^ ^
residents? How can the programs/activities save wear and tear on my property? ^
Find out how RAMA works and how you can become a part of making it all happen.
At the meeting sign up to get a complete listing and personal overview of the police calls
made to your apartment communities.
Make new acquaintances~.get new ideas!
RAMA needs you_YOU need RAMA
RF-RAMA lnvice+•3
JlBLt/IQ3WWI N3d0
s~a6euew ~uauu~.~edd ~
pue
s~aunnp ~uauu~~edd
N011N311~d
Richfield Apartment Owners
~ Managers Association
2516 Chicago Ave.
Minneapolis, MN 55404
Attn: Laura Klein
874-8511
TO:
..................................................................
s~~ouy~ ~~.iun~~oddp
~~ ~~enuer°°s~epua~e~ ~no~ ~~ew
.................................................................:
P:AMA
Richfield Owners & Managers Apartment Association Presents
"Fair Housing"
Discrimination: What it ~ & What it isn' ~
How will HUD testing of Rental Practices affect you?
Who is exempt from Fair Housing Compliance?
Information on tenant selection to tenant eviction!
Come find out the information you need to protect yourself:
Date : Tuesday, March 8
Time: 4:30 PM
Place : Richfield Community Center
70th & Nicollet Avenue
Bill Brock from the Minneapolispartment of Civil Rights will review:
* Advertising
* Tenant Selection
* Protected Categories
* Compliance Exemption
* Handling Complaints
Bill's presentation will allow time for specific questions and answers about
Fair Housing and your experiences .
Donna is well known in the industry for her expertise in tenant-
landlord law and practices in the area of defending landlords and
tenants charged with discrimination.
Her lively and interesting discussion will examine issues such as
• federal, state and local laws, • protected groups, • conduct
covered, • possible penalties, • common pitfalls, • tenant
screening and occupancy standards, • sales recomendations and
steering, • accomodating persons with disabilities and • avoiding
complaints.
Fair housing continuing education credits are required in 1994!!!
Real estate credits have been applied for and this seminar is free.
WHAT AN OPPORTUNITY!!!
This is the first of a three part series Donna will present for
RAMA. In July she will speak on Leasing and Screening and in
September it will be Evictions from Start to Finish.
We invite you to become involved in RAMA. As a property owner
and/or manager, it is important to to your business and time well
spent.
It's Free It's Important ... It's Educational ...
May 17th, Richfield Community Center, 4-6 p.m., RAMA Meeting
R~ehfie~d .Apartment owners ~ Mhnagers Association
It~vi.#e~ Yau TO A#ter~cl .c~, FR~~ Serrai~nar:
Lecssln®
Credit Record
Statutory Terms
'~ Security deposits ~ Application Requirements
This seminar is FREE. Reai estate credits applied for.
Topics covered will include:
~ Minimum Income
Density Limits
Alterations
Rental History
~ Oral Leases
~ Notices
'iluesday, July 12, 1994
4:00* to 6:00 P.M.
RICHFIELD CU TY CENTER
?QUO NIC~LLET AvENiJE
*COME A LlTTI.~ EARLY...(1'HE COFFEE POT WILL BE ON...}
AND MEFT SOME OF THE OTHER OWNERS AND MANAGERSI
OpA~TTp.VSJ.FLY.RAMA
t 0 ' 39t1d
lW9W QNtl1H9 I H bb s 6 b6 . 0E Nftf
Pr~s~nted ~~:
Donna Hanbery, Attorney At Law
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Richfield Apartment Owners & Managers Associaton
Mission Statement
"TO ENHANCE THE IMAGE, QUALITY OF LIFE AND PRIDE IN RICHFIELD
BY ISOLATING AND TAKING POSITIVE ACTION ON REAL AND PERCEIVED
PROBLEMS. THROUGH COMMUNICATION AND' COOPERATION BETWEEN MULTI-
HOUSING MANAGEMENT/OWNERSHIP, THE CITY AND BUSINESS COMMUNITY.
1) To provide avenues of communication and
cooperation between the City,. business community
and multi-family management and owners.
2) To reduce and eliminate real and perceived
problems in Richfield's multi-housing properties
thus enhancing the image of Richfield as a safe
community in which to live, play, work and do
business.
3) To encourage responsible multi-housing
management/ownership through communication,
collaboration and education.
• 4) To maintain property values and tax base.
Multi-housing management/ownership, the City and
business community factually working together to make
Richfield's multi-housing properties a safe, secure and
profitable endeavor and quality environment in which to
live.
valuable Final Products:
1) Full and profitable multi-housing properties in
Richfield.
2) A safe and secure environment for Richfield residents.
3) Effective communication, collaboration and cooper-
ation between the City, business community and
multi-housing management that results in the
elimination of problems and enhancement of the
quality of life in Richfield.
-~-
f
Y
t
,~
REQUEST FOR POLICE ACTIVITY DATA
,F Nasne: Phoae:
Mail to:
. j, stroa city ~e nP
Please send me police calls for buildings at the following addresses:
Name of apartment complex (if applicable):
Please include calls for the month(s) of:
PROFESSIONAL SERVICE AGREEMENT
COMMUNITY APARTMENT PROGRAM
THIS AGREEMENT made and entered into by and between the
Housing and Redevelopment Authority In and For The City of
Richfield, STATE OF MINNESOTA, hereinafter referred to as the HRA,
and Project For Pride In Living, Inc., Minneapolis, and Affordable
Suburban Housing, Minneapolis, hereinafter referred to as PPL/ASH.
WITNESSETHe
WHEREAS, the HRA wishes to purchase the services of PPL/ASH;
and
WHEREAS, there are funds available .for the purchase of these
services.
NOW, THEREFORE, in consideration of the mutual undertakings
and agreements hereinafter set forth, the HRA and PPL/ASH agree as
follows:
1 . TERMS AND COST __OF__ THE _AGREEMENT
PPL/ASH agrees to furnish services to the HRA to pursue those
- outcomes (objectives) within the identified time period as
_ indicated on the attached Exhibit A dated July 5, 1994. The
total cost of this agreement shall not exceed 544,000 during
the first year. All reports, memos, and other data produced
by PPL/ASH become the property of, the HRA.
2. PAYMENT FOR SERVICES
Invoices for services performed shall be combined by PPL/ASH
into one statement. Invoices may be submitted monthly.
Payment for services shall be made directly to PPL by check.
Invoices shall be of sufficient detail for the HRA to
determine the activity and personnel for which payment is
being made. Payment shall be made within 30 days of receipt
of an invoice by the HRA.
3, INDEPENDENT CONTRACTOR
PPL/ASH shall select the means, method, and manner of
performing the services herein in consultation with the HRA.
Nothing is intended or should be construed in any manner as
creating or establishing the relationship of copartners
between PPL/ASH and the HRA or as constituting PPL/ASH as the
agent, representative, or employee of the HRA for any purpose
or in any manner whatsoever. PPL/ASH is to be and shall
remain an independent contractor with respect to all services
performed under this Agreement. PPL/ASH represents that it
has or will secure as its own expense all personnel required
in performing services under this Agreement. Any and all
personnel of PPL/ASH or other persons while engaged in the
performance of any work or services required by this Agreement
shall have no contractual relationship with the HRA, and shall
not be considered employees of the HRA. Any and all claims
that may or might arise under the Unemployment Compensation
Act or the Worker's Compensation Act of the State of Minnesota
on behalf of said .personnel, arising out of employment or
alleged employment, including, without limitation, claims of
discrimination against PPL/ASH, its officers, agents,
contractors, or employees shall in no way be the
responsibility of the HRA. PPL/ASH shall defend, indemnify,
and hold the HRA, its officers, agents, and employees harmless
from any and all such claims irrespective of any determination
of any pertinent tribunal, agency, board, commission, or
court. Such personnel or other persons shall neither require
nor be entitled to any compensation, rights, or benefits of
any kind whatsoever from the HRA, including, without
limitation, tenure rights, medical and hospital care, sick and
vacation leave, Workers' Compensation, Unemployment Insurance,
disability, severance pay, and PERA.
4. NONDISCRIMINATION
The HRA operates in accordance with the City of Richfield's
policies against discrimination. No person shall be excluded
from or denied the benefits of any service performed or
contemplated under the terms of this Agreement on the grounds
of race, color, creed, religion, age, sex, disability, marital
status, public assistance status, ex-offender status, or
national origin; and no person who is protected by applicable
Federal or State laws against discrimination shall be
otherwise subjected to discrimination. PPL shall (1) furnish
all information. and reports which may be required by the
City's Affirmative Action Policy, and (2) it shall comply with
the City's Equal Employment Opportunity/Affirmative Action
Policies with regard to employment and contracting (See
Exhibit B).
5. INDEMNITY AND INSURANCE
PPL/ASH agrees to defend, indemnify, and hold the HRA, its
officers, and employees harmless from any liability claims,
damages, costs, judgements, or expenses, including reasonable
attorney fees, resulting directly or indirectly from an act or
omission (including without limitation professional errors or
omissions) of PPL/ASH, its agents, employees, or assignees in
performance of the services provided by this contract, and
against all loss by reason of the failure of PPL/ASH to fully
perform in any respect, all obligations under this contract.
6. DATA PRIVACY
PPL/ASH agrees to abide by all applicable State and Federal
laws and regulations concerning the handling and disclosure of
private and confidential information concerning individuals
and/or data including but not limited to information made non-
public by such laws or regulations.
2
~, RECORDS - AVAILABILITY
PPL/ASH agrees that the HRA, the State Auditor, or any of
their duly authorized representatives at any time during
normal business hours and as often as they may reasonably deem
necessary, shall have .access to and the. right to examine,
audit, excerpt, and transcribe any books, documents, papers,
records, etc., which are pertinent to the accounting practices
and procedures of PPL/ASH and involve transactions relating to
this Agreement. Records shall be retained for three years
from date of final payment with respect to the project.
8. NON-ASSIGNMENT
PPL/ASH shall not assign, subcontract, transfer, or pledge
this contract and/or the services to be performed hereunder,
whether in whole or in part, without the prior written consent
of the HRA.
9. MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement
between the parties is contained herein and that
Agreement supersedes all oral agreements and negotiations
between the parties relating to the subject matter
hereof. All items referred to in this Agreement are
incorporated or attached and are deemed to be part of
` this Agreement.
b. Any material alterations, variations, modifications, or
waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
10. DEFAULT AND CANCELLATION
a. If PPL/ASH fails to perform any of the provisions of this
Agreement or so fails to administer the work as to
endanger the performance of the Agreement, this shall
constitute a default. Unless the default is excused, the
HRA, may upon written notice, immediately cancel the
Agreement in its entirety.
b. The City's failure to insist upon strict performance of
any provision or to exercise any right under this
Agreement shall not be deemed a relinquishment or waiver
of the same, unless consented to in writing. Such
consent shall not constitute a general waiver or
relinquishment throughout the entire term of the
Agreement.
c. This Agreement may be cancelled with or without cause by
either party upon twenty (20) days written notice.
3
11. CONTRACT ADMINISTRATION
In order to coordinate the services of PPL/ASH with the
activities of the HRA so as to accomplish. the purposes of this
contract, Bruce Palmborg shall manage this contract on behalf
of the HRA and serve as liaison between the HRA. and PPL/ASH.
In addition, from time to time, meetings shall be held between
PPL/ASH and the Community Apartment Program Team. PPL/ASH may
also report directly to the HRA Board of Commissioners.
12. NOTICES
Any notice or demand which must be given or made by a party
hereto under the terms of this Agreement shall be in writing..
Notices shall be sent as follows:
To the HRA;
To PPL/ASH;
Bruce Palmborg Susan Baldwin
Housing & Redevelopment Coordinator Director of Operations
City Hall Project For Pride In
6700 Portland .Avenue Living
Richfield, MN 55423 2516 Chicago Ave. So.
Mpls., MN 55404
_ PPL/ASH having signed this contract, and the HRA having duly
approved this contract on July 18, 1994, and pursuant to such
approval and the proper HRA officials having signed this contract,
the parties hereto agree to be bound by the provisions herein set
forth beginning September 1, 1994 for a period of twelve months or
until terminated as provided above.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF RICHFIELD
STATE OF MINNESOTA
By:
By:
Executive Director
Attest
Chairperson Attest
Project For Pride In Living, Inc.
By' Attest
Its
Affordable Suburban Housing, Inc.
By' Attest
Its
4
EXHIBIT A
(Page 1 "of 7 )
PROJECT FOR PRIDE IN LIVING, INC.
2516 Chicago Avenue South.
Minneapolis, MN 55404
Telephone (612) 874-8511
`' (612) 874-6444
BOARD OF DIRECTORS AND OFFICERS
Patrick J. Aylward, Secretary
Douglas M. Baker
Elsa J. Batica
Diane M. Berthel
Cathy Borer, Asst Secretary
AI Brown
John Butler
David A. Byfield
Cartrell Cooper
Lincoln S. Davis
Virginia Y. Davis
Evelyn Franklin
Charles A. Geer
Peter J. Gillen
John M. Hartwell, Treasurer
Samuel D. Heins
Doug Hile
Harlan Hogsven
James A. Howard
Andrew G. Humphrey
Orlena A. Iversen, Vice Chair
Margaret Jones
John J. Kerwin
Jay Kiedrowski, Chair
Mary Lieder
Marie Manthey
Ann M. Melendez
W.H. Nelson, Jr.
Carolyn E. Olson
Kevin Pedelty
Walter Pratt
Toby Rapson
Nancy Reeves
~'^ria Riley
mas G. Rock
tea,<e Schneider
Jonathan Seltzer
Wade Smith
Shelley lone Sumpter
Joe Selvaggio, President
Charles Williams
ADVISORS
Ed Anderson
Lee Bazany
Ph~Cohen
Ned Dayton
Robert L. Davidson
Joseph Errigo
Gertrude Esteros
Pat Ryan Greene
Jeffrey FGrosscup
Dick Heath
Peter Heegaard
Jack Hodnett
Bill Humphrey, Jr.
David W. Johnston
Duane E. Joseph
Joseph D. Kenyon
Peter Kramer
Harlan Limpert
Lee Lynch
Mike McCarthy
Dennis B. McGrath
AI Porte
Ted Pouliot
Peter Rand
Melissa Raphan
Conrad Razidlo
Mark B. Rotenberg
Samuel D Riley
~I St. Anthony
,ua Schneck
,,.,,~athan NScoll
Bruce Thomson
Terry Thompson
Laurence M. Ulrich
Anne Q. Ulseth
Mike Winton
Penny Winton
Project for Pride in Living, Inc.
July 5, 1994
Bruce Palmborg, Richfield HRA Coordinator
6700 Portland
Richfield, MN 55423
Dear Mr. Palmborg:
Re: 1994-95 Community Apartment Program Proposal
Project for Pride in Living (PPLj, in partnership with Affordable
Suburban Housing (ASH), is pleased to report that during the first
year we were able to accomplish several important goals.
The Richfield Apartment Owners/Managers group was formed with
over 3500 Richfield apartments units represented at the bi-monthly
General Membership Meeting. Attendance at the General
Membership meetings has averaged 47 owners/managers per meeting.
To our knowledge, this has been the highest attendance of the metro
area owners and managers associations. The building of partnerships
between agencies, organizations, city services and the apartment
complexes has been accomplished. City Departments and other
agencies are doing on-site delivery of informational packets where
one-on-one contact is being made with the apartment renters.
The second year proposal contains five important outcomes. These
outcomes are a continuation of the successful accomplishments made
in the first year. Three of the important outcomes are:
1) Continue to provide staff consulting services to the
RAMA Organization -
2) Continue to initiate collaborative efforts between
agencies, organizations and RAMA
3) Implementation of Apartment Finance Information
program (See Attached)
Enclosed is the proposed outcomes for the Richfield Community
Apartment Program 1994-1995 year.
Yours truly;
L_--_- `
_--~ j , %
`/ _" ~---
" Laura Klein -
Community Initiatives Manager
Project for Pride in Living
874-8511
C~~'~~"
Bill Schatzlein
Executive Director
Affordable Suburban
Housing Inc.
824-1628
CONIMUNITY APARTMENT PROGRAM
1994 - 1995 EXHIBIT A
(Page 2 of 7)
Proposed Outcomes for 2nd Year
July 5, 1994
outcome One•
Continue to provide staff consulting service to RAMA Organization.
Activities:
1. Implementation of marketing Plan and outreach program to increase participation in RAMA, including
owners and managers of smaller apartment buildings
2. Assistance in fundraising for RAMA operating costs
3. Recruitment of interns and volunteers for RAMA
4. Assist RAMA in becoming aself-sufficient organization '
Outcome Two•
Continue to initiate collaborative efforts between agencies, organizations and rental properties.
Activities:
1. Continued Public Safety collaboration and involvement with RAMA members and all Richfield rental
dwellings.
2. Development of a Churches Adopt-an-Apartment Program with local churches
3 . Chamber of Commerce and RAMA working together to .promote the benefits of living and doing
business in Richfield
4. Joint purchasing of products and services of property owners, ie., resident selection, advertising,
maintainance.
-Outcome Three•
Analyze and distribute results of Richfield Rental Survey to RAMA members, City Staff and other interested
agencies. '
Activities:
1. After consultation with RAMA members, City staff other other interested agencies, development of an
action plan that responds to survey results
Outcome Four•
Implementation of Apartment Finance Information Program (See Attached).
Activities:
1. Gather information regarding available mortgage finance, refmancing and property rehabilitation
programs
2. Meet with individual apartment owners to provide information about mortgage fmance, refinancing and
property rehabilitation programs.
3. Explore apartment building conversion, ie., townhouses or larger family units.
Outcome Five•
Develop model for rental residents councils at sites approved by owners.
'activities:
1. Increase renter awareness of city and community resources, ie., crime watch, Parks and Recreation,
Richfield Public Schools
2. Solicit resident input for planning future summer programming •
EXHIBIT A
(Page 3 of 7)
RICHFIELD APARTMENT OWNERS AND MANAGERS ASSOCIATION
RAMA Marketing Plan
Background
In 1993 the Richfield Apartment Owners and Managers Association was founded. The
mission of this organization is " To enhance the image, quality of life and pride in
Richfield by isolating and taking positive action on real and perceived problems
through communication and cooperation between multi-family housing management
ownership, the City and business community." The mission will be accomplished by "
Multi-housing management /ownership, the City and business community factually
working together to make Richfield's multi-housing properties a safe, secure and
profitable endeavor and quality environment in which to live.' All Richfield apartment
owners and managers are members of the Assoaation.
Purpose of this plan
The purpose of the marketing plan is to develop methods to increase participation of
the members in the Assoaation in order to accomplish the mission of the Association.
The plan will develop methods to increase member partiapation at meetings of RAMA
members, RAMA sub -committees, meetings with the business community, with City
leaders, community organization; and agenaes serving the community.
Goal of the Plan
The goal of this marketing plan is to increase particpation of the members in the
Association., Through the implementation of this plan we expect to increase member
participartion in the Assoaation, by the end of our fist year (October 1994), to the
point where 7596 of the owners and managers have been invdved in some RAMA
activity.
Methods to be used io carry out the plan
1. A current list of all Richfield apartment owners, managers, and on-site staff will be
prepared for purposes of mailing information to members, and calling members. The
list can be sorted by owners, managers, on-site staff, number of units in management,
geographic area (wards ), etc.
2. Notices of meetings of the Association will be sent to all of the members.
EXHIBIT A
(Page 4 of 7)
Page 2.
3. A bi-monthly newsletter will sent to all of the members following each meeting of the
Association in order to summarize the information provided at the membership
meeting, to announce future meetings, and to communicate other information of
interest to the members. The newsletter will also be sent to city officiials and staff, the
business community, agenaes in the community, and other community organizations.
4. A telephone contact committee will be established in order for members to contact
other members to encourage them to participate in membership meetings, committee
meetings, and speaal events.
5. A brochure will be prepared that will describe the mission of the Richfield Apartment
Owners and Managers Association, how the Association operates, and some of the
major issues being ad~essed by the Association.
6. Public information about the Association will be communicated through various
forms of media includng newspapers, radio, television, and mailings.
Prepared by: &II Schatzlein, Affordable Suburban Housing, inc., January 28, 1994.
EXHIBIT A
(Page 5 of 7)
PlCH= cF~~ =-=.RT~,fF"~:` ~w~~i~RS A-~~ Pti1ANA~FRS ^,SS~CIATDR
Apartment -=;~ ia'1C° information Progam June t 994
Back~ound
in September of 199 Project i=or Pride in Living and Affordable Suburban Housing,
inc. were hire4 by the Richfield Housing and Redevelopment Authority to establish the
Richfield Apa~ment Owners and Managers Association. the organization has been
established w-tt~ an executive committee, three sub-committees. and regular bi-
monthly memi?ership meetings. Ai{ of Richfield apartment owners and managers are
members of RAMA. As part of our an-going consulting services to RAMA, P.P.L. and
A.S.H. propose to develop the Apartment Finance Information Progam as a service to
Richfield Apartment Owners.
Purpose of the Program
The purpose of the Apartment Finance information Program is to,
(A) gather infiormation regarding apartment financing including the following:
1. First Mortgage Financing
2. Mortgage Re-Financing
3. Property Rehabilitation r inancing
(t3) to make *hat information available to Richfield apartment owners in a format that is
understandable and useable.
Methods to be used in the Program
(A) Program ?reparation
P. P. ~. and ~,. S. H. will work with various Public and Private Banks. Mortgage Bankers,
and Lenders to gather information about the various mortgage progams available.
Public lenders will include The Minnesota Housing Finance Agency, and the
Department o~ Housing and Urban Development. Private lenders will include The
Community Reinvestment Fund (see attached article).
information about each mortgage progam will include the terms of the mortgage
number of years, interest rate, loan to value ratio, up front fees, collateral, etc.) A Term
Sheet will be prepared for each mortgage program (see attached example of a Term
Sheet ).
EXHIBIT A
(Page 6 of 7)
(B) Program Implementation
Program Publicity -The Apartment Finance fnformation Program will be publicized in
the RAMA newsletter, in the Richfield Sun. at RAMA Membership and Committee
meetings, and throw mailings.
P.P.L. -and A.S.H. will meet with Richfiield owners who are interested in receiving
apartment finance information. The consultants wil! obtain information from each
owner regarding they financing needs. Based on the needs of each owner, the
consutants will recommend several mortgage program options that may meet the
needs of each owner, The consultants will review each of the mortgage program
options with each owner to explain the information and help the owns;- make the
necessary contacts. The consultants will follow - up with each owner to determine if the
information was helpful, if other options should b~ explored. and if additional
assistance from the consultants would be helpful.
(C) Program Evaluation
P, P. L, and Q.S.H. will provide the Richfield HRA with a written program evaluation on a
quarterly basis. The evaluation will indicate the number of Richfield owners involved in
the program, the number of mortgage program recommendations made by the
consultants, the number of mortgage lenders involved in the prog;-am, and the number
of mortgages obtained by Richf~efd owners, The evaluation may include
recommendation from the consultants regarding future changes in the program that
would improve the program.
EXHIBIT A
(Page 7 of 7)
PROJECT FOR PRIDE IN LIVING, INC.
AFFORDABLE SUBURBAN HOUSING
PROPOSAL TO
THE CITY OF RICHFIELD
BUDGET
September 1994 -August 1995
Revenue
City of Richfield
Expenses
Program Coordinator
Salary
Benefits/Taxes/Workers Comp
Other Staff
SalaryBenefits/Taxes/Workers Comp
Transportation (Staff Mileage)
Supplies/Office Support/Postage
Administration
Total Expenses
Second 12 Months
$44,000
$20,000
$16,000
$ 1,000
$ 3,000
$ 4,000
$44,000
[Redev]PPL-Pro
EXHIBIT B
AFFIRMATIVE ACTION REQUIREMENTS
On January 1, 1988, the Richfield City Council approved an
affirmative action program which requires the city "to provide
equality of opportunity in employment to all persons and to
prohibit discrimination because of race, color, religion,
national origin, place of residence, political affilia-tion,
disability, marital status, status with regard to public
assistance, sex, or age in all aspects of the City's personnel
policies, programs, and practices."
The program further requires that the City ,support the various
relationships with contractors, subcontractors and vendors.
Therefore, requirements have been adopted for contracts as
follows.
a. The contractor shall submit a signed statement (Exhibit C)
signifying that they are in compliance with the standards of
equal employment and anti-discrimination as cited in the Civil
Rights Act of 1964 as amended in 1972 by the Equal Employment
Opportunity Act.
b. In accordance with the City of Richfield's Affirmative Action
policy, no person shall, on the grounds of race, creed, color,
sex, age, disability, or national origin be excluded from full
employment rights in, participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any
program, service, or activity for which the parties received, or
will receive financial assistance under the provision of any and
all applicable federal and state laws against discrimination.
The contractor will furnish all information and reports if
required by the City of Richfield or by Executive Order No. 11246
and Revised Order No. 4, and by the rules and regulations and
orders of the Secretary of Labor or the State of. Minnesota for
purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
c. 1971 Minnesota Statutes 181.59 is made a part of this
contract. See Exhibit D.
EXHIBIT C
Statement of Compliance
The undersigned, in his/her capacity as agent for Project For
Pride In Living, Inc., hereby states that his/her principal is in
compliance with the standards of equal employment and anti-
discrimination as cited in the Civil Rights Act of 1964 as
amended in 1972 by the Equal Employment Opportunity Act.
Dated: BY~
Its
HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 51
Agenda July 18, 1994
Issue Statement:
Richfield Rediscovered Remodeling Program status report and
contract with Janet Posus-Ryan for Remodeling Advisor Services.
Background:
The HRA authorized the Richfield Rediscovered Remodeling Program
in September 1993. In October, Remodeling Advisor Dave Schaffer
was selected as a consultant to meet with and encourage
homeowners to remodel. Also in October, Norwest Mortgage/Norwest
Bank Richfield formulated the use of a Fannie Mae Mortgage
product which allowed refinance and remodel projects based on the
future value of the improved property. Mike Schrader of Norwest
Mortgage has been the contact person for residents. Both Dave
and Mike will be in attendance at the HRA meeting.
Several events and many resident contacts have occurred since
program approval. A summary report is attached. The report also
includes HRA transformation loan activity to date.
Residents have responded to the advisor's work enthusiastically.
The advisor's visits, the development of homeowner "action plans"
and the HRA's remodeling manual have been cited as very valuable.
A copy of the packet each homeowner receives will be given to
Commissioners at the meeting.
To better respond to marketing demand and in anticipation of new
remodeling initiatives, it is appropriate to consider additional
advisor services. Staff has identified Janet Posus-Ryan to
provide additional advisor services, as needed. Ms. Posus-Ryan
has been employed since 1988 by the Minneapolis Community
Development Agency as a housing inspector and rehabilitation
specialist. She also has housing design and real estate
experience and education. Conversations with three Minneapolis
remodeling client references provided by Ms. Posus-Ryan indicate
that quality working relationships can be anticipated from her.
She has successfully worked with fussy clients and made the
remodeling process very user friendly. Ms. Posus-Ryan is
planning to attend the HRA meeting.
The contract for her services is very similar in content and
scope to the one used for Mr. Schaffer's services. The maximum
level of service would be approximately 10 to 15 hours a week at
$30 per hour. The proposed contract is attached.
Funds for this contract are available from the initial
authorization made by the HRA in September 1993.
Recommended Motion:
Receive a status report on the HRA's remodeling program
initiatives and approve a contract with Janet Posus-Ryan,
authorizing the Chair and Executive Director to execute it.
Basis of Recommendation:
1. The HRA's remodeling initiatives are being enthusiastically
received and the program .has operated long enough to receive
quantifiable feedback.
2. A reporting form has been developed to provide this initial
and future information to the HRA.
3. Additional outreach and marketing efforts are planned and the
addition of another Remodeling Advisor provides maximum
flexibility to respond to the demand. Janet Posus-Ryan has
been identified as a qualified contractor.
4. Additional Remodeling Advisor services have been anticipated
in the revised 1994 and proposed 1995 budgets.
Alternative Recommendation:
1. Delay receiving the report and considering a contract.
2. Request the form and content of the report be modified.
3. Direct staff to modify a part of the proposed contract.
Discussion/Decision Mode:
Contract services with Janet Posus-Ryan would begin August 1,
1994.
Respectfully submitted,
Jame Prosser
Exec ve Director
JDP:ds
RICHFIELD REDISCOVERED REMODELING PROGRAM
QUARTERLY REPORT
June 30, 1994
I. CONTACTS WITH REMODELING ADVISOR
Current
uarter Program to Date
Total Contacts from Remodeling Connection 209
or special events
Contacts from Richfield residents 200
Non-residents (purchase/remodel) 9
Total 209
Result of Contact: Information Only 122
Home Visit 87
Total 209
'II. REMODELING PROGRESS (follow-up survey from home visits)
Cost of Improvements Less than
$5,000 $5,000 to
$10,000 $10,000 to
$20,000 $20,000 to
$30,000 $30,000 to
$40,000 $40,000 to
$50,000 Over
$50,000
Projects in progress 3 3 1 2 2
Projects with approved
laps (waitin on lender) 2 1 2 2
Reason for Not Too Still Interested Credit/Financial Too Expensive: Have
Remodeling at Expensive: At A Later Difficulty Will not MovedlPlan
this Time Scale Down Date Remodel on Movin
Number of 16 13 6 3 9
Proiects
Undecided I Other/
Misc.
3 I 3
*Desirable features of Richfield aside, the cost and payback for the homeowner to increase the square footage and
add amenities appears to be too expensive to the homeowner. Thus, relocation remains an option. Approximately
350 to 450 home sales occur each year in Richfield.
--nichfield Rediscovered Remodeling Program
luarterly Report
June 30, 1994
Page 2
III. MARKETING/SPECIAL EVENTS
Remodeling Program Brochure ,
(Bulk Mail to Richfield Households)
6500 James Open House
Richfield Remodeling Fair
Community Education Class, led by
Remodeling Advisor
"Your City" Newsletter
Water Bill Insert
October 1993
October 1993
January 1994
March 1994
March 1994
April 1994
July-September 1994
IV. NORWEST MORTGAGE SUMMARY OF FINANCE/REMODEL ACTIVITY
Since November, 1993, Norwest Mortgage has closed on eight refinance requests which resulted in
remodeling actions and generated a mortgage volume of $768,716. One mortgage closing for $114,555 is
pending. Refinance/remodel or purchase/remodel mortgage volume combines the primary mortgage and
remodel financing together as one mortgage.
V. HRA Funded Transformation Loan Report
Case
Number Address Status or
Closin Date Remodel
Contract Amt HRA Transformation
Loan Funds Received
1 6845 Thomas Ave 4-21-94 $ 66,400 $ 9,970
2 7009 Newton Ave 5-20-94 $ 79,020 $11,853
3 7526 14th Ave Pendin $ 52,794 $ 7,916
4 7213 1st Ave Pendin $ 55,000 $ 8,500
Total: $253,254 $38,239
[Housing]Report2
PROFESSIONAL SERVICE AGREEMENT
REHABILITATION ADVISOR
THIS AGREEMENT made and entered into by and between the Housing
and Redevelopment Authority In and For The City of Richfield, STATE
OF MINNESOTA, hereinafter referred to as the HRA, and Janet Posus-
Ryan, St. Paul, MN an individual hereinafter referred to as Posus-
Ryan.
WITNESSETHo
WHEREAS, the HRA wishes to purchase the services of Posus-Ryan;
and
WHEREAS, there are funds available for the purchase of these
services.
NOW, THEREFORE, in consideration of the mutual undertakings and
agreements hereinafter set forth, the HRA and Posus-.Ryan agree as
followse
1. TERMS AND COST OF THE AGREEMENT
Posus-Ryan agrees to furnish services to the HRA as indicated
on the attached Exhibit A dated August 1, 1994. The hourly
_, cost of this agreement shall not exceed $30 per hour.' All
reports, memos, and other data produced by Posus-Ryan become
the property of the HRA.
2. PAYMENT FOR SERVICES
Invoices may be submitted monthly. Payment for services shall
be made directly to Posus-Ryan by check. Invoices shall be of
sufficient detail for the HRA to determine the activity and
location of work for which payment is being made. Payment
shall be made within 30 days of receipt of an invoice by the
HRA.
3. INDEPENDENT_CONTRACTOR
Posus-Ryan shall select the means, method, and manner of
performing the services herein in consultation with the HRA.
Nothing is intended or should be construed in any manner as
creating or establishing the relationship of copartners between
Posus-Ryan and the HRA or as constituting Posus-Ryan as the
agent, representative, or employee of the HRA for any purpose
or in any manner whatsoever. Posus-Ryan is to be and shall
remain an independent contractor with respect to all services
performed under this Agreement. Posus-Ryan represents that she.
has or will secure at her own expense all personnel required in
performing services under this Agreement. Any and all
personnel of Posus-Ryan or other persons while engaged in the
performance of any work or services required by this Agreement
shall have no contractual .relationship with the HRA, and shall
1
not be considered employees of the HRA. Any and all claims
that may or might arise under the Unemployment Compensation Act
or the Workers' Compensation Act of the State of Minnesota on
behalf of said personnel, arising out of employment or alleged
employment, including,. without limitation, claims of
discrimination against Posus-Ryan, its officers, agents,
contractors, or employees shall in no way be the responsibility
of the HRA. Posus-Ryan shall defend, indemnify, and hold the
HRA, its officers, agents, and employees harmless from any and
all such claims irrespective of any determination of any
pertinent tribunal, agency, board, commission, or court. Such
personnel or other .persons shall neither require nor be
entitled to any compensation, rights, or benefits of any kind
whatsoever from the HRA, including, without limitation, tenure
rights, medical and hospital care, sick and vacation. leave,
Workers' Compensation, Unemployment Insurance, disability,
severance pay, and PERA.
4. NONDISCRIMINATION
The HRA operates in accordance with the City of Richfield's
policies against discrimination. No person shall be excluded
from or denied the benefits of any service performed or
contemplated under the terms of this Agreement on the grounds
of race, color, creed, religion, age, sex, disability, marital
status, public assistance status, ex-offender status, or
national origin; and no person who is protected by applicable
Federal or State laws against discrimination shall be otherwise
subjected to discrimination. Posus-Ryan shall (1) furnish all
information and reports which may be required by the City's
Affirmative Action Policy, and (2) shall comply with the City's
Equal Employment Opportunity/Affirmative Action Policies with
regard to employment and contracting (See Exhibit B).
5. INDEMNITY AND INSURANCE
Posus-Ryan agrees to defend, indemnify, and hold the HRA, its
officers,- and employees harmless from any liability claims,
damages, costs, judgements, or expenses, including reasonable
attorney fees, resulting directly or indirectly from an act or
omission (including without limitation professional errors or
omissions) of Posus-Ryan, its agents, employees, or assignees
in performance of the services provided by this contract, and
against all loss by reason of the failure of Posus-Ryan to
fully perform in any respect, all obligations under this
contract.
6. DATA PRIVACY
Posus-Ryan agrees to abide by all applicable State and Federal
laws and regulations concerning the handling and disclosure of
private and confidential information concerning individuals
and/or data including but not limited to information made non-
public by such laws or regulations.
2
7.
8.
9.
RECORDS - AVAILABILITY
Posus-Ryan agrees that the HRA, the State Auditor, or any of
their duly authorized representatives at any time during
normal business hours and as often as they may reasonably deem
necessary, shall have access to and the right to examine,
audit, excerpt, and transcribe any books, documents, papers,.
records, etc., which are pertinent to the accounting practices
and procedures of Posus-Ryan and involve transactions relating
to this Agreement. Records shall be retained for three years
from date of final payment with respect to the project.
NON-ASSIGNMENT
Posus-Ryan shall not assign, subcontract, transfer, or pledge
this Contract and/or the services to be .performed hereunder,
whether in whole or in part, without the prior written consent
of the HRA.
MERGER AND MODIFICATION
a. It is understood and agreed that the entire Agreement
between the parties is contained herein and that Agreement
.supersedes all oral agreements and negotiations between
the parties relating to the subject matter hereof. All
items referred to in this Agreement are incorporated or
attached and are deemed to be part of this Agreement.
b. Any material alterations, variations, modifications, or
waivers of provisions of this Agreement shall only be
valid when they have been reduced to writing as an
amendment to this Agreement signed by the parties hereto.
10. DEFAULT AND CANCELLATION
a. If Posus-Ryan fails to perform any of the provisions of
this Agreement or so fails to administer the work as to
endanger the performance of the Agreement, this shall
constitute a default. Unless the default is excused, the
HRA, may upon written notice, immediately cancel the
Agreement in its entirety.
b. The HRA's failure to insist upon strict performance of any
provision or to exercise any right under this Agreement
shall not be deemed a relinquishment or waiver of the
same, unless consented to in writing. Such consent shall
not constitute a general waiver or relinquishment
throughout the entire term of the Agreement.
c. This Agreement may be cancelled with or without cause by
either party upon twenty (20) days written notice.
3
11. CONTRACT ADMINISTRATION
In order to coordinate the services of Posus-Ryan with the
activities of the HRA so as to accomplish the purposes of this
contract, Bruce Palmborg shall manage this .contract on behalf
of the HRA,,Bruce Nordquist and Pam Rohne shall serve as
liaison between the HRA and Posus-Ryan.
In addition, from time to time, meetings shall be held between
Posus-Ryan and HRA staff. Posus-Ryan may also report directly
to-the HRA Board of Commissioners from time to time.
12. NOTICES
Any notice or demand which must be given or made by a party
hereto under the terms of this Agreement shall be in writing.
Notices shall be sent as follows:
To the HRA; To Posus-Ryan;
Bruce Palmborg
Housing & Redevelopment
Coordinator
City Hall
6700 Portland Avenue
Richfield, MN 55423
Janet L. Posus-Ryan
4558 Bramblewood Avenue
St. Paul, MN 55127
Posus-Ryan having signed this contract, and the HRA having duly
approved this contract on July 18, 1994, and pursuant to such
approval and the proper HRA officials having signed this contract,
the parties hereto agree to be bound by the provisions herein set
forth.
HOUSING AND REDEVELOPMENT AUTHORITY
IN AND FOR. THE CITY OF RICHFIELD
STATE OF MINNESOTA
By:
Executive Director Attest
By:
Chairperson Attest
By:
Its Attest
By:
Its Attest
4
EXHIBIT A
August 1, 1994
Posus-Ryan shall perform the following services as they apply to
the Richfield Rediscovered Remodeling Program.
1. Work with staff in start-up, marketing, and on-going
monitoring of program elements.
2. Be available to attend Open House functions,
Remodeling Fair, and other promotional events.
3. Meet with various business and community groups as
requested to promote and implement .program.
4. Generate community, interest through random calls,
neighborhood canvassing, and door-to-door marketing.
5. Assist with informational services to keep homeowners
fully informed.
6. Meet initially with homeowners at their home to assist
with the following:
a. Property evaluation survey documented on written
survey form.
b. Identify and discuss needs, wants, and design
considerations.
c. Prepare an Action Plan outlining initial scope of
work with general cost estimates.
d. Explain program procedures and lending information
including loan requirements.
7. Follow-up contact after initial homeowner visit to
monitor progress.
8. Be available to assist homeowner through the various
program stages leading to a signed construction
agreement. This may include additional design and
technical assistance, contractor selection, and the
securing of a loan.
9. Submit monthly reports, written and oral, to HRA
documenting measurable objectives which include:
a. Number of homeowner calls made and received.
b. Number of homeowner site visits.
c. Number of follow-up calls made and results.
d. Number of referrals to lenders and results.
e. Record of marketing results.
f. Action plan cost estimate.
5
EXHIBIT B
AFFIRMATIVE ACTION REQUIREMENTS
On January 1, 1988, the Richfield City Council approved an
affirmative action program which requires the City to provide
equality of opportunity in employment to all persons and to
prohibit discrimination because of race, color, religion,
national origin, place of residents, political affiliation,
disability, marital status, status with regard to public
assistance, sex, or age in all aspects of the City's personnel
policies, programs, and practices."
The program further requires that the City support the various
relationships with contractors, subcontractors and vendors.
Therefore, requirements have been adopted for contracts as
follows.
a. The contractor shall submit a signed statement (Exhibit C)
signifying that they are in compliance with the standards of
equal employment and anti-discrimination as cited in the Civil
Rights Act of 1964 as amended in 1972 by the Equal Employment
Opportunity Act.
b. In accordance with the City of Richfield's Affirmative Action
policy, no person shall, on the grounds of race, creed, color,
sex, age, disability, or national origin be excluded from full
'- employment rights in, participation in, be denied the benefits
of, or be otherwise subjected to discrimination under any
program, service, or activity for which the parties received, or
will receive financial assistance under the provision of any and
all applicable federal and state laws against discrimination.
The contractor will furnish all information and reports if
required by the City of Richfield or by Executive Order No. 11246
and Revised Order No. 4, and by the rules and regulations and
orders of the Secretary of Labor or the State of Minnesota for
purposes of investigation to ascertain compliance with such
rules, regulations, and orders.
c. 1971 Minnesota Statutes 181.59 is made a part of this
contract. See Exhibit D.
6
EXHIBIT C
Statement of Compliance
The undersigned, in his/her capacity as agent for
hereby states that his/her principal is
in compliance with the standards of equal employment and anti-
discrimination as cited in the Civil Rights Act of 1964 as
amended in 1972 by the Equal Employment Opportunity Act.
Dated:
By:
Its
7
EXHIBIT D
181.59 DISCRIMINATION. ON ACCOUNT OF RACE, CREED, OR COLOR
PROHIBITED IN CO)\TRACT.
Every contract for or on behalf of the state of Minnesota, or any county, city, town,
township, school, school district, or any other district in the state, for materials, sub
plies, or construction shall contain provisions by which the contractor agrecs:
(1) That, in the hiring of common or skilled labor for the pcrforma;ter, orvcndor,
undo any contract, or any subtcAiract, no contractor, mattrial Supp ~ ns who
shall, by rrzson of nce, creed. ur color. disc7itninate against the person ar pcrso
art citizens of the Unitcd Stairs or resident aiirns who sre quali5ed and available to
perform the work to which the employment elates;
(2) That nn tontractor, material supplitr, or vendor, shall, in any manner, discrim-
inate against, or intimidatt, or prevent the employment of any person or persons identi-
fied in clausr (I) of this moon, or on being aired, prevent, or conspire to prevent, the
person or persons from the performancc of work under any contract on account of racc,
creed. or color;
(3) That a violation of this section is a misdemcanor; and crt~
(4) That this contract may be canceled or terminated by the state, county,
town, school board, or any other person authorized to grant the contracts for employ-
ment, and all money due, or to become due under the contract, may be forfeited for
a second or any subsequent violation of the terms or conditions of this contract.
Histon•: 1 D41 t 238; 1973 t 123 art S s 7; 198 t 6D9 s ll
_,a HOUSING AND REDEVELOPMENT AUTHORITY
~ HRA Letter No. 50
Agenda July 18, 1994
Issue Statement:
Purchase agreement with CSM to provide a relocation site for the
Emerson Avenue Congregational Church.
Background:
On April 11, 1994, the HRA approved a contract for private
development with the CSM Corporation. That contract provided
that the HRA would sell to CSM a portion of the Cloverleaf site.
CSM would utilize the site to build a new church-and parking lot.
The agreed upon sale price was the per square foot cost the HRA
paid when the Cloverleaf site was purchased from the RTC, 51.88
per square foot.
On April 18, 1994, the HRA held a public hearing regarding the
sale of a portion of the Cloverleaf site to CSM. Following the
hearing, the HRA approved the sale.
Attached is the proposed purchase agreement between the HRA and
CSM and a schematic site plan. Some of the significant points
included in the agreement follow:
1. Purchase price paid by CSM is 5122,200 assuming 65,000
~ s.fe of site area. This figure may be adjusted pending
the results of a survey .and a determination of the
exact area of the site.
2, CSM will obtain a boundary survey at its expense.
3. CSM is to enter into purchase agreements with Emerson
Church
a. providing for the "sale" of this parcel to the
church.
b. providing for the purchase by CSM of the existing
church site.
4. Closing between the HRA and CSM is set for August 1,
1994.
5. CSM may enter the site to undertake various
investigations and shall pay all costs related to the
investigations and hold HRA harmless should anything
negative be discovered.
6. CSM will pay all costs associated with the closing.
Recommended Motion:
Approve the purchase agreement between CSM and the HRA for the
.sale of a portion of the Cloverleaf site to be utilized as the
site for a new Emerson Avenue Congregational Church.
Basis of Recommendation:
1. The agreement conforms to the conditions of the contract for
private development with CSM.
2. The agreement is consistent with the results of the public
hearing.
3. CSM in addition to paying for the land is paying costs
associated with the closing.
4. CSM has reviewed this agreement.
Alternative Recommendation:
1. Delay action.
2. Modify the agreement.
3. Reject the agreement.
Discussion/Decision Mode:
This agreement is needed to permit the Phase I CSM project to
proceed. Construction of a new church cannot begin without it.
Respectf y submitted,
Jame Prosser
Execu ive Director
JDP:ds
PURCHASE AGREEMENT
This Purchase Agreement is made 1994,
by and between THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR
THE CITY OF RICHFIELD, MINNESOTA, a Minnesota public body corporate
and politic ("HRA)" and CSM CORPORATION, a Minnesota corporation
("CSM").
Recitals
A. HRA is the owner of that certain real estate located near
the intersection of Girard Avenue South and 77th Street West in the
City of Richfield, Hennepin County, Minnesota, as shown in the
attached Exhibit A (the "Property").
B. The Property is vacant and undeveloped land and is a
portion of a larger parcel owned by HRA and legally described in
the attached Exhibit B (the "Cloverleaf Property").
C. CSM and HRA have entered into a Contract for Private
Development dated , 1994 (the "Contract"), under which
HRA agreed to enter into a written agreement to sell the Property
to CSM.
Agreement
In performance of their obligations under the Contract with
respect to purchase and sale of the Property, and in consideration
of the mutual promises made in this purchase agreement, the parties
agree as follows:
1. Offer/Acceptance. CSM agrees to purchase and HRA agrees
to sell the Property under the terms and conditions stated in this
Agreement. The Property is vacant, undeveloped land, and there is
no personal property included in the sale.
2. Purchase Price. The purchase price for the Property
shall be One Hundred Twenty-two Thousand Two Hundred and no/100ths
Dollars ($122,200.00) and shall be payable as follows:
$ 1.00 Earnest money, the receipt of which is hereby
acknowledged by HRA.
$ 122,199.00 Cash delivered at closing
The parties hereto agree that notwithstanding the foregoing,
the actual purchase price hereunder shall be equal to the product
of the number of square feet in the Property times $ 1.88. For
purposes of the foregoing,. the parties have assumed total area of
Sixty-five Thousand (65,000) square feet in arriving at the
preliminary purchase price of $122,200.00 (65,000 s.f. x $1.88
p.s.f.). At Closing the purchase price shall be adjusted to
reflect the actual square footage of the Property as shown on the
CAH72683
RC125-68
Survey and the cash due at closing shall be adjusted accordingly.
3. Survey. Within thirty (30) days after the date of this
Agreement, CSM shall obtain, at its expense, a boundary survey of
the Property, prepared and certified to HRA and CSM by a Registered
Land Surveyor licensed to practice in the State of Minnesota. The
Surveyor shall include on the boundary survey the area and an
accurate legal description of the Property..
4. Conditions to Closing. The closing of the transaction
contemplated by this Agreement and the obligation of CSM to
purchase-the Property shall be subject to the following conditions:
a. CSM shall have reviewed and .approved title to the
property pursuant to paragraph 5 of .this Agreement.
b. The HRA shall have obtained the required subdivision
approval or waiver to permit the recording of the deed to
be delivered at closing.
c. CSM shall have determined on or befoze the Closing Date
that it is satisfied, based upon the .results of and
matters disclosed by any environmental or soil
investigations or testing of the Property, that there are
no environmental or soil conditions that would materially
interfere with CSM's proposed use of the Property as the
relocation site for a church and parking improvements.
d. CSM shall have obtained an executed purchase agreement
from the Emerson Avenue Congregational Church ("Church")
providing for the sale of the Property by CSM to the
Church and the sale by the Church to CSM of the real
estate located at Emerson Avenue South,
Richfield, Minnesota, and legally described on the
attached Exhibit _ ("Old Church Property").
The obligation of the HRA to sell the Property shall be subject to
the following conditions:
e. CSM shall, on the date of closing, convey the Property to
the Church, pursuant to the purchase agreement between
CSM and the Church, except as provided in paragraph 10 of
this agreement.
f. CSM shall obtain, on or before the date of closing, a
properly executed deed from the Church, conveying
marketable title to the Old Church Property.
g. As of the date of closing, CSM shall not be in default of
the Contract. If CSM is in default, and if such default
has continued or does continue for a period of 30 days or
more, then the HRA may at its option cancel this
agreement, in which case all earnest money shall be
returned to CSM.
CAH72d83 ,Z
RC125-68
The party in whose favor a contingency runs may waive the
-- contingency in whole or in part at or prior to Closing. In the
event that a party is unable to satisfy any of the foregoing
conditions, the party may, by written notice to the other party
prior to Closing, terminate this Purchase Agreement, whereupon HRA
shall refund to CSM the earnest money paid by CSM and neither party
shall have any further liability hereunder, provided that CSM shall
deliver an executed quit claim deed to the Property to HRA. .CSM
agrees to diligently proceed to satisfy the conditions of this
paragraph.
5. Title Matters. The HRA represents that the abstract of
title for the Property is not within HRA's possession or control.
In lieu of the abstract, HRA will obtain, at CSM's sole cost and
expense, an owner's title policy in the full amount of the .,purchase
price. HRA shall, within a reasonable time after the acceptance of
this Agreement, provide CSM with a current title insurance
commitment for said policy, together with all unrecorded
instruments, if any, relating to interests in the Property. After
receipt of the title commitment, the CSM shall have ten (10) days
for the examination thereof, and to deliver written objections, if
any, to the HRA. HRA shall have 20 days after receipt of CSM's
written objections to make title marketable. Pending correction of
title, obligations of the parties hereunder shall be postponed, but
upon correction of title and within ten (10) days after written
notice thereof, the parties shall perform this Agreement according
to its terms.
a. If the HRA proceeds in good faith to make title
marketable but fails to do so within the 60 day period,
HRA and CSM agree to proceed to closing on the condition
that HRA provide CSM with a written undertaking to use
all means available to it to remove any encumbrances or
clouds. upon title.
b. If title is marketable or is corrected within the 60 day
period and CSM defaults in any of the agreements herein,
HRA may pursue all remedies available to it under law,
including without limitation, specific performance of
this purchase agreement, pursuit of remedies provided
under the Contract, or other remedies at law or in
equity.
6. Preliminary Development. CSM and its agents shall have
prior to the Closing Date, to enter upon the Property for the
purpose of taking soil tests, borings, making surveys and maps and
performing other preliminary investigative work, provided, however,
that CSM shall indemnify and hold harmless the HRA from any
mechanic's liens or claims arising out of such preliminary
development work by CSM. Prior to the Closing Date, CSM shall not
construct or cause the construction of any improvements on the
Property. CSM shall pay all costs and expenses of such
investigation and testing and shall hold HRA harmless from all
damages and liabilities arising out of CSM's activities.
CAH72483
RC125-6B 3
7. Subdivision Approval. Subdivision approval or waiver is
required by the City of Richfield before the Property can be
conveyed to CSM. HRA shall obtain from the City, at CSM' s expense,
the necessary subdivision approval or waiver required to permit
recording of the deed to be delivered pursuant to paragraph 10 of
this agreement. CSM agrees to cooperate with the HRA and to timely
supply to the HRA all surveys, documents, and other information
which are usual and necessary to obtain the required approval or
waiver.
8. Real Estate Taxes and Assessments. On or before the
Closing Date, HRA will pay all real estate taxes and installments
of special assessments due and .payable prior to the year of
closing. Real estate taxes and special assessment installments
payable in the year of closing will be prorated between CSM and HRA
as of the Closing Date. CSM shall. have the obligation of paying
all real estate taxes and special assessments payable in 1995 and
thereafter.
9. Closing Date. The closing of this transaction shall take
place on August 1, 1994 at the offices of Holmes & Graven,
Chartered, 470 Pillsbury Center, Minneapolis, Minnesota 55402, or
at such other time and place as the parties may agree.
10. Documents to be Delivered at Closing. On the Closing
Date, CSM shall deliver to HRA the following:
a. A certified check in the amount of $122,199.00, payable
to the HRA.
and HRA shall deliver to CSM:
c. A duly executed quit claim deed, conveying marketable
title to the Property to CSM, subject only to: (i)
Building and zoning laws, ordinances, state and federal
regulations; (ii) restrictions relating to the use or
improvement of the Property which do not interfere with
the improvements to be constructed thereon by CSM or with
the use of the Property as a church; (iii) utility and
drainage easements which do not interfere with the
improvements to be constructed thereon by CSM; and (iv)
reservation of any minerals or mineral rights to the
State of Minnesota.
In the alternative, at CSM' s request and with the consent
of the Church, the HRA will deliver the above-described
quit claim deed to the Church.
d. A duly executed affidavit of seller.
e. All documents necessary to establish marketable title in
the grantee of the deed referenced in subparagraph c
above.
c~a~2sa3 4
RC125-6B
11. Closing Costs. CSM shall pay all costs associated with
"- the closing of this transaction, including recording costs, deed
tax, and any closing fees charged by the title insurance company.
12. Covenants, Representations and Warranties of HRA.
a. The signatories to this Agreement represent that they are
agents of the HRA and are authorized to execute this
Agreement on the HRA's behalf.
b. HRA warrants that it will take no actions to encumber
title to the Property after the date of this Agreement
and. that it will indemnify and hold CSM harmless against
any liens or encumbrances established in violation of
this provision.
c. HRA warrants that no labor or material has been furnished
to the Property for which payment has not been made..
d. HRA warrants that it has no knowledge of any present
violations of any restrictions relating to the use or
improvement of the Property.
e. There are no wells located on the Property.
f. The warranties made in this paragraph shall survive
- closing without merger in the deed; provided that any
action for breach of warranty must be commenced within
one year after the date of closing.
13. Covenants, Representations, and Warranties of CSM.
a. The signatories to this Agreement represent that they are
agents of CSM and are authorized to execute this
Agreement on CSM's behalf.
b. CSM warrants that, as of the date of closing, it will
have entered into an agreement with the Church for the
sale of the Property to the Church as required by the
Contract. CSM further warrants that it will convey the
Property to the Church on the date of closing.
c. The warranties made in this paragraph shall survive
closing without merger in the deed; provided that any
action for breach of warranty must be commenced within
one year after the date of closing.
14. No Broker Involved. The HRA and CSM represent and
warrant to each other that there is no broker involved in this
transaction with whom it has negotiated or to whom it has agreed to
pay a broker commission or finder's fee in connection with
negotiations for the sale of the Property arising out of any
alleged agreement, commitment or negotiation by HRA.
cns~zae3 5
RC125-68
15. Possession. HRA shall deliver possession of the Property
to CSM on the Closing Date.
16. Remedy for Default. If CSM defaults in any of its
obligations under this agreement or the Contract, HRA may terminate
this Purchase Agreement. A termination of the Contract shall
automatically result in the termination of this Purchase Agreement.
If this Purchase Agreement is not terminated, CSM or HRA may seek
actual damages for breach of this Agreement or specific performance
of this Agreement; and, as to specific performance, such action
must be commenced within six months after such right of action
arises..
17. No Waiver. The waiver by either party of any right or
remedy under this Purchase Agreement shall not be deemed a waiver
of any right or remedy under the Contract, unless expressly so
stated by the party in writing.
18. Time of Essence. Time is of the essence in this Purchase
Agreement.
19. Entire Agreement; Amendments. Except as provided herein,
this Agreement represents the complete and final agreement of the
parties and supersedes any prior or contemporaneous oral or written
understanding between the parties. This Agreement may be amended
only by a writing signed by both parties.
20. Binding Effect; Assignment. This Purchase Agreement
shall be binding upon the parties hereto and their respective
heirs, executors, administrators, successors and assigns. Each
party agrees to give the other party notice prior to assigning its
interest in .the Property or this Agreement.
21. Notice. Any notice, demand, request or other
communication which may or shall be given or served to or on HRA by
CSM or to or on CSM by HRA shall be deemed to have been given or
served on the date the same is deposited in the United States mail,
registered or certified, postage prepaid and addressed as follows:
(1) If to HRA: Jim Prosser, Executive Director
Richfield HRA
6700 Portland Avenue South
Richfield, MN 55423
with copy to: Corrine A. Heine
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
(2) If to CSM: CSM Corporation
Attn: Dave Garland
2561 Territorial Road
St. Paul, MN 55114-1500
CAH72483 6
RC125-68
with copy to: William Franke
CSM Corgoration
-2561 Territorial Road
St. Paul, MN 55114-1500
IN WITNESS WHEREOF, the undersigned have caused this Agreement
to be executed on the date written above.'
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF RICHFIELD, MINNESOTA
By
Its Chairperson.
By
Its Executive Director
CSM CORPORATION
By
Its
By
Its
CAH72683
RC125-68 7
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HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 49
' Agenda July 18, 1994.
Issue Statement:
Approval of stipulations, condemnation action CSM project,
Phase I.
Background:
On April 11, 1994, the HRA approved condemnation and a 90 day
quick take on the Phase I property. This made it possible to
begin construction yet this summer. Under terms of the Contract
For Private Development with CSM, CSM pays all the costs
associated with the condemnation including the acquisition and
relocation costs.
Even though a condemnation petition was filed, negotiations to
purchase property directly continued. As of this writing,
proposed settlements or stipulations have been obtained for three
properties; Southtown Village Apartments, Tandem Press and
Emerson Avenue Congregational Church (negotiations are continuing
for the Cutler Animal Hospital property. It is possible that a
stipulation for that property may become available by the time of
the HRA meeting. If so, it will be presented to the HRA at that
time).
A negotiated .settlement is almost always desirable over setting
-~ value through condemnation. In condemnation, the determination
of value is beyond the control of the buyer and seller.
Following are some of the major points for each of the three
stipulations:
Southtown Village Apartments (Parcel 8)
HRA will pay $1,850,000 at closing on or before July 31, 1994 to
Figge (owner).
Figge is to pay real estate taxes due and payable in 1994 and
prior years and unpaid special assessments. Figge will assign
all leases and rents and security deposits held by him to the
HRA.
Agreement contingent upon HRA approval on or before July 18,
1994.
To cover utility bills, $5,000 of proceeds will be escrowed by
HRA until final utility bills are available.
Jensen Tandem Printing Inc and Ted Samsel (Parcel 4)
HRA will pay to Jensen's $165,000; to Tandem and Samsel $125,000
on the date of closing August 1, 1994.
Sellers to pay .taxes and special assessments.
HRA to receive possession on or before August 11, 1994. For each
.day between August 1 and August 11 property not vacated, HRA
receives $1,000/day penalty.
An amount to be determined will be withheld from the proceeds of
sale to cover any unpaid utility bills.
The agreement is contingent upon HRA approval on or before July
18, 1994.
Attached to the stipulation is an Award of Commissioners form.
This document would be completed by the court appointed
condemnation commissioners and would reflect the terms of the
settlement as stated in the stipulation.
Emerson Church (Parcel 3)
This is a stipulation of dismissal. The court is being asked to
approve the HRA's dismissal of the church from the condemnation
action. The dismissal is being sought because the HRA and church
have negotiated a satisfactory settlement. The stipulation
recites the items of agreement:
The HRA has an agreement with CSM to redevelop the site;
The church and CSM have negotiated an agreement for the
direct sale of the property and purchase by the HRA is no
longer necessary;
The church agrees that its agreement with CSM provides for
all relocation benefits and assistance to which it is
entitled and will not seek any benefits from the HRA.
Negotiations with the Maki's for a stipulation agreement
continue. Recently, a second offer in the amount of $700,000 was
made to Maki's, subject to approval by the HRA. The offer was
for all real estate, improvements, immovable fixtures and
relocation benefits. In return, Maki's would convey clear title
to the HRA on or before August 1, 1994.
The only property for which a stipulation is not expected is that
property owned by Mr. Adelmann. To date there has been no
response to the initial offer to purchase from the HRA.
Recommended Motion:
Adopt a motion approving the stipulations for Parcels 3, 4 and 8.
Basis of Recommendation:
1. Stipulations make it possible for buyer and seller to control
the terms of settlement and avoid the uncertainty of
condemnation.
2. CSM is in agreement with the stipulations and their terms.
3. Under the terms of the Contract for Private Development with
CSM, CSM is obligated to pay all costs related to the
condemnation.
Alternative Recommendation:
1. Reject the stipulations.
2. Modify the stipulations.
Discussion/Decision Mode:
The stipulations for parcels 4 and 8 require action by the HRA
before or on July 18, 1994.
Respect 11 submitted,
James D. Prosser
Executive Director
JDP:cak
Cas® Type: Condemnation
STATE t~F MINNESOTA DISTRICT COURT
CQUNTX OF I~ENNEFIN FOURTH JUDICIAL DISTRICT
Housing and Redevelopment )
Authority in and for the City of )
Richfield, a public body )
corporate and politic under the )
laws of the State of Minnesota, ) STIPULATION
QF DISMISSAL
`Petitioner, ) {PARCEL 3}
vs. ) Court File, No. CD-2324
)
City of Richfield, et al . , )
)
Respondents. )
THIS STIPULATION is made by and between Petitioner Housing and
Redevelopment Authority in and for the City of R~.chi'ield, Minnesota
("HRA"} and Respondent Emerson Avenue Community Chtata~ch
(Congregational) ("Emerson Church"), each of whom is acting by and
~j through its counsel.
'~ WFIEREA$, Ent®rson Church is the fee owner of the real estate
identified as Parcel 3 and described in the Petition, as amended,
fil®d her®in (the "Property"); and
WHEREAS, the HRA commenced this action in order to acquire fee
simple tit~.e to the properties described in the Petition, including
the Property, ,for redevelopment purposes; and
W~YEREAS, the HRA has entered into a contract for private
redevelopment of the site with CSM Corporation ("CSM"}, under which
the HRA agreed to convey the Property, upon acquisition by the HRA,
to CSM; and
cas~xsa~ 1
RC125-b8
T~HEREAS, Emerson Church has entered into an agreement with CSM
for the direct sale of the Property to CSM, and acquisition by the
HRA is no longer required; and
WHEREAS, the partie.~ to this stipulation have negotiated a
full and final settlement of the instant action as it pertains to
the interests of Emerson Church.
' NOW, THEREFORE, the HRA and Emerson Church agree as follows:
1. The HRA agrees to dismiss the instant, action as it
re~,atea to Parcel 3 and further agrees to dismiss Emerson Church as
a party to the action.
2. Emerson Church stipulates that under its agreement with
CSM, Emerson Church will receive reimbursem®nt of moving expenses
and other payments in lieu of relocation benefits.and assistance
under Minnesota Statutes, Section 117.52 to }.17.56. Emerson Church
further agrees that payment of such expenses by CSM ,shall be deemed
for all purpo€~es to fulfill the obligations of HRA~to provide such
relocation benefits and assistance. Emerson Church releases and
' waives any claim against the HRA far relocation benefits or
assis3tance arising out of the instant action.
3. Emerson Church releases and waives any claim against the
HRA for reimbursement of attorney's Fees under Minnesota Statutes,
Seat~.on 117.105, subd. 2.
4. Emerson Church releases and waives any claim against the
HRA for reimbursement of appraisal fees under Minnesota Statutes,
Section 11?.232.
r.~72ss~ ~
RC325-68
5. Emerson Church waives any and a~.l rights to any further
notiCe~ or hearings regarding the .instant condemnation action.
I?ated
Dated:
Dated•
OA8T2937
R~129-b8
HOLMES & GRA'~EN, CHARTERED
Ey
Robert J. Lindell (63277}
Corrine A. Heine (149743)
470 Pi~.lsbury Center
Minneapolis, Minnesota 55402
Telephone: (612) 33 79300
Attorneys for Fetitioner
Hous3x7tg and Redevelopment
Authority in and for the
City of Richt~.eld
LEQNARD, STREET & DEINARD
$yBradley J. Gunn (132 38)
150 South Fifth Street
Suite 2300
Minneapolis, MN 55402
Telephone: (612) 335-1500
Attorney far Respondent
Emerson Avenue Community Church
EMERSON AVENUE COMMUNITY CIiURCH
Hy
Its
By
Its
3
Case Type: Condemnation
STATE OF MINNESOTA
DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Housing and Redevelopment )
Authority in and for the City of )
Richfield, a public body )
corporate and politic under the )
laws of the State of Minnesota, ) STIPULATION
OF SETTLEMENT
Petitioner, ) (PARCEL 4)
Vg~ ) Court File No. CD-2324
City of Richfield, et al., )
Respondents. )
THIS AGREEMENT is made this day of , 1994,
by and among ROBERT C. JENSEN and MERILYN B. JENSEN, husband and
wife ("Jensens"), TANDEM PRINTING, INC., a Minnesota corporation
("Tandem"), TED SAMSEL, D/B/A/ SAMSEL ELECTRICS ("Samsel") and THE
HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF
RICHFIELD, MINNESOTA, a Minnesota public body corporate and politic
("HRA").
I. Recitals
1.01. Jensens are the fee owners of certain land located
at 7716 Colfax Avenue South, Richfield, Hennepin County, Minnesota,
as described in the attached Exhibit A (the "Property").
1.02. Tandem has a leasehold interest in the Property and
has subleased a portion of the Property to Samsel.
1.03. A judgment search prepared by a reputable title
insurance company indicates that the Property may be subject to the
liens of the following judgments (hereinafter collectively referred
CAH72893 1
RC125-68
to as the "Judgments"): (1) judgment against Robert Jensen dated
July 16, 1985, docketed August 1, 1985, Case No. 85-12486, in the
amount of $19,974.77, in favor of Wabasso State Bank; (2) judgment
against Robert Jensen dated March 18, 1988, docketed March 18,
-1988, Case No. 8803082, in the amount of $3,205.00, in favor. of
Aslesen Co.; and {3) judgment against Robert C. Jensen dated
January 22, 1988, docketed April 6, 1988, Case No. 885843, in the
amount of $1,546.24, in favor of Miller & Valentini, P.A.
1.04. The HRA commenced condemnation proceedings herein to
acquire the Subject Property.
1.05. The HRA, Jensens, and Tandem desire to settle and
agree upon the amount of just compensation due for the Property,
the amount of relocation benefits due to Tandem and Samsel, and to
stipulate to an award of commissioners in order to avoid further
litigation. and hearings.
II. Agreement
2.01. Settlement Amount: Jensen. On the Closing Date (as
defined below) and subject to performance of this Agreement by
Jensens and Tandem and satisfaction of all contingencies in this
Agreement, the HRA agrees to pay to Jensens the amount of One
Hundred Sixty-five Thousand and no/100ths Dollars ($165,000.00).
a. Acceptance. Jensens agree to accept the $165,000.00 as
full, complete, and final compensation for acquisition of
the Property and as a full, complete and final compromise
of any and all claims arising out of the subject taking,
including but not limited to just compensation, interest,
reimbursement for appraisal fees, real estate taxes and
attorney's fees.
b. Allocation. Jensens stipulate that they are not "dis-
placed persons" as that term is defined in Minnesota
Statutes, Section 117.50 (1992), and that they are not
entitled to relocation benefits. as a result of the
CA872893 ,l
RC125-68
subject taking, under. Minnesota Statutes, Section 117.52
to 117.56 or the Uniform Relocation Assistance and Real
Property Acquisition Policies Act of 1970, 42 U.S.C. ~~
4601 to 4655, as amended, and the regulations adopted
pursuant thereto. The $165,000.00 is therefore allocable
entirely to just compensation for the Jensens' interest
in the Property.
2.02. Settlement Amount: Tandem. On the Closing Date and
subject to performance of this Agreement by Jensens and Tandem and
satisfaction of all contingencies in this Agreement, the HRA agrees
to pay to Tandem and Samsel the amount of $125,000.00.
a. Acceptance. Tandem and Samsel agree to accept the
$125,000.00 as full, complete, and final compensation for
acquisition of the Property and as a full, complete and
final compromise of any and all claims arising out of the
subject taking, including but not limited to just
compensation for the taking of the Property (including
any fixtures), interest, reimbursement for appraisal
fees, real estate taxes, attorney's fees, and relocation
assistance benefits.
b. Allocation. Tandem and Samsel are entitled to relocation
benefits and assistance as required by Minnesota
Statutes, Section 117.52 to 117.56. The parties agree
that $ of the settlement amount is allocable
to relocation benefits payable to, Tandem and Samsel and
$ represents just compensation for Tandem's
and Samsel's leasehold interest in the Property.
2.03. Contingent Agreement. This Agreement is contingent
upon (a) the approval of the Board of Commissioners of HRA on or
before July 18, 1994; (b) the Closing occurring pursuant to this
Agreement on or before July 31, 1994; and (c) issuance of orders by
the Court herein with respect to all properties described in the
condemnation petition (i) approving the condemnation petition and
appointing commissioners; and (ii) authorizing payment or deposit
by the petitioner to transfer of title and possession pursuant to
Minn. Stat. §117.042. If this Agreement is not approved by the
Board of Commissioners of HRA, it shall be rescindable by any party
cns~zsea 3
RC125-68
to this Agreement, and Jensens, Tandem .and/or Samsel may object to
issuance by .the District Court of 'the orders attached hereto as
Exhibit B and C. If the Agreement is approved. by the Board of
Commissioners of HRA, the parties hereby. stipulate and agree to the
issuance by the District Court herein of an Order Approving
Petition and Appointing Commissioners in substantially the form
attached as Exhibit B and the issuance by the District Court herein
of an Order Authorizing Payment or Deposit and Transfer of Title
and Possession in substantially the form attached hereto as Exhibit
F.
2.04. Closing Date. The Closing Date shall be August 1,
1994. The closing shall be held at the offices of Holmes & Graven,
Chartered, 470 Pillsbury Center, Minnesota 55402 or at such other
place as the parties may agree to in writing.
2.05.' Documents to be Delivered at Closing. On the
Closing Date, the Jensens shall deliver to the HRA, evidence
satisfactory to the HRA and the HRA's title company that the
Judgments have been satisfied or released or do not constitute a
lien against the Property. (In the absence of such evidence, the
HRA may deduct from the Jensen settlement amount an amount
sufficient to satisfy any such judgment and proceed to close
subject to the judgment.) Tandem and Samsel shall deliver to the
HRA evidence that real estate taxes and special assessments due and
payable in 1994 have been paid. (In the absence of such evidence,
the HRA may deduct from the Tandem/Samsel settlement amount an
amount sufficient to pay unpaid real estate taxes and special
assessments.) The HRA shall deliver the following items:
CAH72893 4
RC125-68
a. To Jensens, a check in the amount of $165,000.00, minus
amounts as necessary to satisfy any unsatisfied judgment
that encumbers the Property.
b. To Tandem and Samsel, a check in the amount of
$125,000.00, minus any amounts held in escrow pursuant to
paragraphs 2.06 and 2.07 of this Agreement and minus any
amounts required to pay real estate taxes payable in 1994
and installments of special assessment payable therewith.
2.06. Possession. Tandem and Samsel shall vacate and
deliver possession of the Property to the HRA on or before August
il, 1994. For each day after August 1, 1994 that Tandem or Samsel
remain in possession of the Property, Tandem shall pay a penalty to
the HRA of $1,000. Tandem and Samsel agree that Holmes & Graven,
Chartered, attorneys for HRA ("Holmes") may escrow the amount of
$11,000 out of the proceeds due to Tandem and Samsel at Closing, to
ensure payment of this penalty. Holmes shall release the escrowed
funds, minus applicable penalties, upon notification by Tandem and
verification by HRA that possession of the Property has been
delivered to the HRA.
2.07. Final Utilities. Promptly following Closing, HRA
shall cause the City of Richfield's Utility Department personnel to
conduct a final reading of water meters serving the Property and
determine the amount of the final bill for water consumed by Tandem
and Samsel in connection with the Property ("Final Water Bill").
Promptly following Closing, Tandem and Samsel shall also cause
Minnegasco, Northern States Power Company and
(which Tandem and Samsel represent to be their refuse haulers
serving the Property), to render their final billings for services
rendered to the .Property for periods prior to the Date of Closing
("Final Service Bills"). Because the amount of the Final Water
CAH72893
RC125-68 5
bill and Final Service Bills are not known as of the date hereof
but the parties agree they are likely to collectively aggregate to
less than $ the HRA, Tandem and Samsel agree. that Holmes
shall withhold payment to Tandem of $ ("Final Escrow") until
such time as the amount of the Final Water Bill and Final Service
Bills are known. If Tandem and Samsel do not pay the amounts of
the Final Water Bill and Final Service Bills prior to
1994, Holmes shall (a) pay the Final Water Bill and Final
Service Bills, and (b) mail copies- of the Final Water Bill, the
Final Service Bill and Holmes' checks in payment of the Final Water
Bill and Final Service Bills to Tandem and Samsel, together with
Holmes' check payable to Tandem and Samsel for such portion of the
Final Escrow as is not required to satisfy the Final Water Bill and
Final Service Bills.
2.08. Personal Property.
a . Jensens have no personal property which is located on the
Property.
b. Tandem and Samsel agree to remove from the Property, at
Tandem's and Samsel's sole expense, all movable personal
property and trade fixtures, except those items specified
in the attached Exhibit D, on or before the date when
possession is delivered pursuant to paragraph 2.06 of
this Agreement. All personal property or trade fixtures
not removed by the date of delivery of possession shall
be deemed abandoned and shall be the property of the HRA.
c. Tandem warrants that it will defend, indemnify and hold
harmless HRA with respect to any claim by the lessor of
any equipment leased at the Property by Tandem or Samsel
from third parties ("Leased Personal Property"), against
any claims by the owners of such leased equipment or
others on their behalf that Tandem or Samsel has failed
to return such equipment, that it was damaged when
returned or that Tandem or Samsel otherwise owes them
amounts in relation to such items.
CAS72893
RC125-68 6
2.09.
Award of Commissioners. Immediately following
Closing, Holmes & Graven, as attorneys for HRA, shall request
issuance by the Court Appointed Condemnation Commissioners of the
form of Award of Damages which is attached hereto and incorporated
herein as Exhibit E.
2.10. Waiver of Notice and Appeal. Jensens, Tandem, and
Samsel and each of them, acknowledge that he/she/it were properly
served with notice of this proceeding and each waives any further
right to contest or appeal the judicial determinations made in this
proceeding. At any time after the Closing, the HRA may present the
Stipulation to be delivered at Closing to the commissioners to be
appointed by the Court in the Action, without notice to Jensens,
Tandem, or Samsel.
2.11. Warranties. Jensens, Tandem, and Samsel, and each
of them, make the following representations and warranties:
a. That they have not been represented in connection with
the sale of the Property by any real estate broker or
salesperson; and Jensens, Tandem and Samsel each agree to
indemnify, defend, and hold HRA harmless against and in
respect of any such obligation and liability based in any
way upon any agreement, arrangement, or understandings
made or claimed to have been made by any of them with any
third person.
b. That except for Jensens, Tandem, Samsel, the holders of
the Judgments, City of Richfield, and Hennepin .County, no
other person has an ownership interest in the Property or
any right to receive a portion of the Settlement Amount.
c. If any person or party other than Jensens, Tandem,
Samsel, the holders of the Judgments, City of Richfield,
or Hennepin County asserts a claim that they have an
ownership interest in the Property or are entitled to
receive a portion of the Settlement Amount, Jensens will
defend, indemnify and hold HRA harmless from any such
claim.
CAH72893 .'
RC125-68
2.12. Survival of Agreements. The provisions of this
Agreement shall survive the Closing, notwithstanding the terms and
conditions of any law or court decision to the contrary. Any party
.considering itself aggrieved by the failure of any other party to
this Agreement to fully perform in accordance with the provisions
of this Agreement may seek relief by filing and serving a motion in
the Action upon the other parties to this Agreement, at the
addresses indicated in paragraph 2.14 of this Agreement, to be
heard by the Judge of District Court to whom this matter has been
assigned, such notice to otherwise conform with applicable court
rules.
2.13. Settlement of All Claims. Jensens, Tandem, and
Samsel, and each of them, hereby waive any further claims against
HRA, the City of Richfield and CSM Corporation for compensation due
to the taking of the Property in this proceeding, including
relocation benefits. Jensens, Tandem, and Samsel shall be estopped
by this Agreement from asserting any additional consideration in
these proceedings.
2.14. Notices. Any notice desired or required to be given
pursuant to this Agreement shall be delivered personally to or
deposited in the United States mail, certified mail return receipt
requested, postage prepaid and addressed to:
If Notice to Jensens:
Robert and Merilyn Jensen
7328 Fremont Avenue South
Richfield, MN 55423
If Notice to Tandem:
Tandem Printing, Inc.
CAH72893 8
RC125-68
Attn: Dave Kostka
If Notice to Samsel:
Ted Samsel
If Notice to HRA:
Bruce Palmborg
Housing and Redevelopment Coordinator
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
With copy to:
Robert J. Lindall
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis, MN 55402
2.15. Effective Date of Agreement. The parties agree that
this Agreement shall not be effective until formally approved by
the HRA Board of Commissioners and executed by all parties hereto.
IN WITNESS WHEREOF, the parties have executed this agreement
as of the date and year written above.
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF RICHFIELD
By
Its Chair
By
Its Executive Director
Robert C. Jensen
cxs~assa 9
RC125-68
Merilyn B. Jensen
TANDEM PRINTING, INC.
By
Tts
By
Its
Ted Samsel, individually and
doing business as
Samsel Electrics
G1H72893 1 O
RC125-68
EXHIBIT A
Legal Description of the Property
Parcel 4 (Abstract) (PID # 33-028-24-44-0026):
The East 160 feet of .the South 50 feet of the .North 255 feet of the
West 320 feet of the South 1/2 of the Southeast 1/4 of the
Southeast 1/4 of Section 33, Township 28, Range 24, except the East
30 feet, according to the United States Government Survey thereof
and situate in Hennepin County, Minnesota,.
CAH72893
RC125-68
10
Type: Condemnation
STATE OF MINNESOTA
COUNTY OF HENNEPIN
Housing and Redevelopment Authority in
and for the City of Richfield, a public
body corporate and politic under the laws
of the State of Minnesota,
Petitioner,
vs.
City of Richfield, a Minnesota municipal
corporation; Emerson. Avenue Community
Church (Congregational), a Minnesota
religious corporation; County of
Hennepin; Robert C. Jensen; Merilyn B.
Jensen; Wabasso State Bank, a state bank;
Aslesen Company, a Delaware corporation;
Miller & Valentini, P.A., a Minnesota
professional association; Tandem
Printing, Inc.; Robert F. Adelmann;
Lorraine M. Adelmann; Daniel Adelmann, as
Trustee of the Robert F. Adelmann Trust;
David Adelmann, as Trustee of the Robert
F. Adelmann Trust; Troy W. Ford and
William Vaughan, individually and d/b/a
Ultimate Detaile=s; James H. Cutler;
Nancy B. Cutler; Donald T. Maki,
individually and d/b/a Cutler Small
Animal Hospital & Clinic; Jeannine M.
Maki; Erskine Bowles, as Administrator of
the Small Business Administration, a
United States agency; Naegele Outdoor
Advertising, Inc., a Georgia corporation;
State of Minnesota; William C. Figge;
Spouse of William C. Figge; Twin City
Federal Savings and Loan Association,
n/k/a TCF Bank Minnesota fsb, a federal
savings bank; Sherry Aho; Raymond Annis;
Nancy Benson; Katherine Blackford; Rhonda
Bonick; Ray Bouie; Mary Brown; Colleen
Cauley; Dawn Cauley; Lorrie Christiansen;
Michael Christianson; Matthew
Christianson; Judith Cripps; Jacqueline
Cripps; Kathy Detert; Dave Dodge; Wendy
Dodge; -Jay Dokken; Blanca Dominquez;
Janet Duffy-Froelich; Sheila Elfering;
Robert Etzler; Jon Evenson; Mark
DISTRICT COURT
FOURTH JUDICIAL DISTRLCT
COURT FILE NO. CD-2324
AWARD OF
COMMISSIONERS
PARCEL 4
1fAW729G5
RC125-68
Follingstad; Ruben Garza; Sylvia Grummer;
Scott Heine; Sharon Hochstedler; Shirley
Hofstedt; Robert Hofstedt; David Hook;
Ann Hultman; Linda Kasperek; Roger Keck;
Duane Kokesch; Jean Kramer; Helen Lueder;
Mark Lueder; Carryl Magnuson; JoAnne
Mahovsky; Betty Martin; Felipe Martinez;
Leah Moran; Louis Nau; Lynn Nurkka; Eric
Oines; Debbie Omafowokan; Ismail Omar;
Sada Omar; Charles Pagenkopf; Teresa
Perez; Uriel Perez; Mariano Perez; Miguel
Rangel; Theresa Ryan; Mary Ann Schultz;
Jason Schwenn; Toni Seanger; Erik Senty;
Georgia Smith; Enrique Solis; Hugo Solis;
Mary Stanek; Janette Steinberg; Mark
Steinman; Jesudas Sunbarajan; Rajasingh
Sunbarajan; Troy Swiers; Bobby W.
Thompson; Michael Udofot; Richard
Vasquez; James Walseth; LaVon Whalen;
Keith Whitaker; James Whittaker; Richard
Wolfe; Todd Wood,
Respondents.
The undersigned Commissioners, appointed by the above-named
Court, having qualified according to law, met as directed by the
Order of the Court appointing them as Commissioners, given notide
in writing of the time and place of their meetings, heard the
allegations and proofs of all persons interested in being heard
concerning the matters committed to them, heard testimony publicly
under oath and in their presence viewed the lands hereinafter
described, and completed hearings with respect to said lands, now
hereby make the following award of damages, which in their judgment
will result to the owners of the premises described herein and to
any party having an interest therein by reason of the taking of
said premises by the Petitioner.
The real estate subject to this Award of Damages and this
proceeding is legally described as follows:
RAW72945 .l
RC125-68
The East 160 feet of the South 50 feet of the North 255
feet of the West 320 feet of the South 1/2 of the
Southeast 1/4 of the Southeast 1/4 of Section 33,
Township 28, Range 24, except the East 30 feet, according
to the United States Government Survey thereof and
situate in Hennepin County, Minnesota.
Property Address.: 7716 Colfax Avenue South, Richfield, MN.
The total award of damages to all persons or parties
interested in said premises is in the sum of $ Said
award is allocated among the parties as follows:
Robert C. Jensen and Merilyn B. Jensen;
Wabasso State Bank; Aslesen Company,
Miller & Valentini, P.A. $
Tandem Printing, Inc.; Ted Samsel, d/b/a
Samsel Electric $
The aforesaid award of damages and payment therefore is made
subject to the following:
1. The Owners' obligation to pay the taxes due and payable
in the year 1994 and prior years, with penalties, if any;
and
2. The Owners' obligation to pay all of the unpaid special
assessments and future installments thereof which were
levied or pending as of the date hereof, if any; and
3. The Owner's obligation to pay such street maintenance and
other annual charges as are a lien or are lienable
against the Subject Property as of the date hereof, if
any.
Unless otherwise stated, this award reserves all public street
easements and all public alley easements in favor of the City of
Richfield.
xavna9a5 3
RC125-68
We further report that each of the undersigned Commissioners
viewed the property described in the Petition and that all the
undersigned participated in hearing testimony of the interested
parties and participated in ascertaining, determining, assessing
and awarding damages for the taking of said premises.
Date: ,.1994
Commissioner
Commissioner
Commissioner
u-~nz9as 4
RC12s-68
STATE OF MINNESOTA )
ss.
COUNTY OF HENNEPIN )
AFFIDAVIT OF SERVICE BY MAIL
being duly sworn, says that on
the day of , 1994, she served the attached Award of
Commissioners on the parties on the attached service list, and
their counsel, if any, at the addresses listed in said service
list, by mailing to them a true and correct copy thereof, enclosed
in an envelope, postage prepaid, and by depositing the same in the
post office at Minneapolis, Minnesota directed to said addresses.
Notary Public
Subscribed .and sworn to before me
this day of , 1994.
Notary Public
RAW72945 5
RC125-68
Case Type: Condemnation
STATE OF MINNESOTA DISTRICT COURT
COUNTY OF HENNEPIN FOURTH JUDICIAL DISTRICT
Housing and Redevelopment
Authority in and for the City of
Richfield, a public body
corporate and politic under the
laws of the State of Minnesota,
Petitioner,
vs.
City of Richfield, a Minnesota
municipal corporation; Emerson
Avenue Community Church
(Congregational), a Minnesota
religious corporation; County of
Hennepin; Robert C. Jensen;
Merilyn B. Jensen; Wabasso State
Bank, a state bank; Aslesen
Company, a Delaware corporation;
Miller & Valentini, P.A., a
Minnesota professional
association; Tandem Printing,
Inc.; Robert F. Adelmann;
Lorraine M. Adelmann; Daniel
Adelmann, as Trustee of the
Robert F. Adelmann Trust; David
Adelmann, as Trustee of the
Robert F. Adelmann Trust; Troy W.
Ford and William Vaughan,
individually and d/b/a Ultimate
Detailers; James H. Cutler; Nancy
B. Cutler; Donald T. Maki,
individually and d/b/a Cutler
Small Animal Hospital & Clinic;
Jeannine M. Maki; Erskine Bowles,
as Administrator of the Small
Business Administration, a United
States agency; Naegele Outdoor
Advertising, Inc., a Georgia
corporation; State of Minnesota;
William C. Figge; Spouse of
William C. Figge; Twin City
Federal Savings and Loan
Association, n/k/a TCF Bank
Minnesota fsb, a federal savings
STIPULATION OF SETTLEMENT
Parcel 8
Court File No. CD-2324
RJL'72322 1
RC125-68
bank; Sherry Aho; Raymond Annis; )
- Nancy Benson; Katherine )
Blackford; Rhonda Bonick; Ray )
Bouie; Mary Brown; Colleen )
Cauley; Dawn Cauley; Lorrie j
Christiansen; Michael )
Christianson; Matthew )
Christianson; Judith Cripps; )
Jacqueline Cripps; Kathy Detert; )
Dave Dodge; Wendy Dodge; Jay )
Dokken; Blanca Dominquez; Janet )
Duffy-Froelich; Sheila Elfering; )
Robert Etzler; Jon Evenson; Mark )
Follingstad; Ruben Garza; Sylvia )
Grummer; Scott Heine; Sharon )
Hochstedler; Shirley Hofstedt; )
Robert Hofstedt; David Hook; Ann )
Hultman; Linda Kasperek; Roger )
Keck; Duane Kokesch; Jean Kramer; )
Helen Lueders Mark Lueders Carryl )
Magnuson; JoAnne Mahovsky; Betty )
Martin; Felipe Martinez; Leah )
Moran; Louis Nau; Lynn Nurkka; )
Eric Oines; Debbie Omafowokan; )
Ismail Omar; Sada Omar; Charles )
Pagenkopf; Teresa Perez; Uriel )
Perez; Mariano Perez; Miquel )
Rangel; Theresa Ryan; Mary Ann )
Schultz; Jason Schwenn; Toni )
Seanger; Erik Senty; Georgia )
Smith; Enrique Solis; Hugo Solis; )
Mary Stanek; Janette Steinberg; )
Mark Steinman; Jesudas )
Sunbarajan; Rajasingh Sunbarajan; )
Troy Swiers; Bobby W. Thompson; )
Michael Udofot; Richard Vasquez; )
-James Walseth; LaVon Whalen; )
Keith Whitaker; James Whittaker; )
Richard Wolfe; Todd Wood, )
Respondents.
This Agreement is entered into as of the day of ,
1994 by and between the Housing and Redevelopment Authority in and
for the .City of Richfield, petitioner herein and a public body
corporate and politic under the laws of Minnesota ("HRA") and
William C. Figge ("Figge"), owner of the real estate located at
RJI,72322 2
RC125-68
7721 Emerson Avenue South, Richfield, MN 55423 which is described
in Exhibit A attached hereto .(the "Subject Property").
I. RECITALS
1.01. Figge is the owner in fee simple of the Subject
Property subject to the following encumbrances: (a) Mortgage dated
July 16, 1971,-filed August 2, 1971 as Document 3898093 between
William C. Figge, as Mortgagor, and Twin City Federal Savings and
Loan Association, as Mortgagee, to secure the_ repayment of
$565,000.00; (b) real estate taxes; (c) special assessments; and
(d) rights of State of Minnesota, including snow fence easements
and access restrictions created by Final Certificates filed January
4, 1952 as Document No. 2732832 and filed September 20, 1963 as
Document No. 3431114.
- 1.02. The HRA commenced condemnation proceedings herein to
acquire the Subject Property.
1.03. Figge acknowledges that he was properly served with
notice of this proceeding and waives any further right to contest
or appeal the judicial determinations made in this proceeding.
1.04. This Agreement is intended to describe the terms and
conditions under which HRA and Figge will compromise and settle all
claims of Figge for damages resulting from the taking of the
Subject Property in this proceeding.
II. AGREEMENT
NOW, THEREFORE, in consideration of the premises and their
mutual promises, it is hereby stipulated by and between the parties
hereto as follows:
RJS,~z3za 3
RC125-68
2.01. Agreement to Sell. Effective on the "Date of
Closing" defined herein, Figge agrees to bargain, sell, quitclaim
and convey marketable title of the Subject Property, and all
fixtures, trade fixtures and leasehold improvements located
therein, to HRA, in accordance with documents acceptable to counsel
for HRA. Figge represents that he is unmarried.
2.02. Payments. On the Date of Closing, HRA agrees to pay
Figge the sum of $1,850,000 ("Settlement Amount") as the purchase
price for the Subject Property and in settlement of any and all
claims by Figge against HRA in connection with the Subject
Property, including but not limited to relocation benefits, minus
such amounts as are required to satisfy encumbrances of record and
Figge's other costs of closing under this Agreement.
2.03. Contingent Agreement. This Agreement is contingent
upon (a) the approval of the Board of Commissioners of HRA on or
before July 18, 1994; (b) the Closing occurring pursuant to this
Agreement on or before July 31, 1994; and (c) issuance of orders by
the Court herein with respect to all properties described in the
condemnation petition (i) approving the condemnation petition and
appointing commissioners; and (ii) authorizing payment or deposit
by the petitioner to transfer of title and possession pursuant to
Minn. Stat. 5117.042. If this Agreement is not approved by the
Board of Commissioners of HRA on or before July 18, 1994, it shall
be rescindable by either HRA or Figge and Figge may object to
issuance by the District Court of the orders attached hereto as
Exhibit F and G. If the Agreement is approved by the Board of
Commissioners of HRA on or before July 18, 1994, HRA and Figge
als,na22 4
AC725-68
hereby stipulate and agree to the issuance by the District Court
herein of an Order Approving Petition and Appointing Commissioners
in substantially the form attached as Exhibit F and the issuance by
the District Court herein of an Order Authorizing Payment or
Deposit-and Transfer of Title and Possession in substantially the
form attached hereto as Exhibit G.
2.04. Date of Closing Defined. The Date of Closing is the
date. upon which HRP,'s payment of the Settlement Amount to or for
.the benefit of Figge shall be paid upon the issuance by the Court
Appointed Commissioners to the Award of Damages with respect to the
Subject Property in substantially the form attached hereto as
Exhibit J. Documents shall be executed and in recordable form.
The Date of Closing shall be within 10 days following the last to
occur of the events described in Section 2.03 but. in any event
shall be on or before July 31, 1994. Closing shall occur at the
offices of Holmes & Graven, Chartered, 470 Pillsbury Center,
Minneapolis, MN 55402 unless otherwise agreed.
2.05. Possession. Figge shall vacate and deliver
possession of the Subject Property on the Date of Closing.
2.06. Adjustments. The right to receive all income and
the duty to pay all expenses accruing to or attributable to the
Subject Property shall be adjusted to the Date of Closing.
2.07. Elimination of Encumbrances. The parties agree
that: (a) immediately following approval of this Agreement by the
HRA Board, Holmes & Graven, as attorneys for HRA, shall request
issuance by the Court Appointed Condemnation Commissioners of the
form of Award of Damages which is attached hereto and incorporated
Rsr,~2aaz 5
RC125-68
herein as Exhibit J determining the value of the Subject Property
to be equal to the Settlement Amount herein; (b) on or after the
Date of Closing, HRA may deposit the Settlement Amount with the
District Court Administrator pursuant to Minn. Stat. Ch. 117 unless
on or before the Date of Closing: (i) Figge shall deposit with
Holmes & Graven partial releases or satisfactions, in recordable
form approved by counsel for HRA, which will cause the Subject
Property to be released from the lien of all mortgages and other
liens encumbering the Subject Property; (ii) Figge shall pay the
real estate taxes payable in 1994 and prior years, and the entire
unpaid balance of special assessments, water bills and other
municipal charges levied or pending against the Subject Property,
as of the Date of Closing, including interest and penalties which
may be or become due thereon, if any; (iii) Figge shall assign HRA
all leases, rents and security deposits relating to the Subject
Property by written assignments in form acceptable to Holmes &
Graven; and ( iv) at his expense, Figge shall complete any other
preconditions required by Holmes & Graven to eliminate all
encumbrances against the Subject Property except the Permitted
Encuatbrances listed on Exhibit B attached hereto.
2.08. Final Utilities. Promptly following Closing, HRA
shall cause the City of Richfield's Utility Department personnel to
conduct a final reading of water meters serving the Subject
Property and determine the amount of the final bill for water
consumed by Figge in connection with the Subject Property ("Final
Water Bill"). Promptly following Closing, Figge shall also cause
Minnegasco, Northern States Power Company and
~,n~za22 6
RC125-68
(which Figge represents to be his refuse haulers serving the
~--~.
Subject Property),. to render their final billings for services
rendered to the Subject Property for periods prior to the Date of
Closing ("Final Service Bills"). Because the amount of the Final
Water bill and Final Service Bills are not known as of the date
hereof but the parties agree they. are likely to collectively
aggregate to less than $5,000, the HRA and Figge agree that Holmes
& Graven, Chartered, attorneys for HRA, ("Holmes") shall withhold
payment to Figge of $5,000 ("Final Escrow") until such time a'd~ the
amount of the Final Water Bill and Final Service Bills are known.
If Figge does not pay the amounts of the Final Water Bill and Final
Service Bills prior to , 1994, Holmes shall (a)
pay the Final Water Bill and Final Service Bills, and (b) mail
- copies of the Final Water Bill, the Final Service Bill and Holmes'
checks in payment of the Final Water Bill and Final Service Bills
to Figge, with copies to Figge's attorneys, together with Holmes'
check payable to Figge.("Refund Check") for such portion of the
Final Escrow as is not required to satisfy the Final Water Bill and
Final Service Bills.
2.09. Survival of Agreements. The provisions of this
Agreement shall-survive the Closing and conveyance of the Subject
Property by Figge's Deed or this condemnation, notwithstanding the
terms and conditions of any law or court decision to the contrary.
Any party considering itself aggrieved by the failure of any other
party to this Agreement to fully perform in accordance with the
provisions of this Agreement may seek relief therefor by filing a
motion in the above condemnation proceeding, together with
RJS.~zazz ~
RC125-68
supporting memoranda, affidavits and proposed orders, and serving
such motion, notice of the motion and other supporting documents
upon the other party to this Agreement, and their counsel, at the
addresses indicated in Section 2.17 of this Agreement, to be heard
by the Judge of District Court to whom this matter has been
assigned, such notice to otherwise conform with the rules of the
above Court.
2.10. Effective Date of Agreement. The parties agree .that
the Effective Date of this Agreement shall be the latest in time of
the various dates on which the signators hereof execute this
..Agreement.
2.11. Closing Documents. Figge agrees to deliver, at
Closing, (a) a standard form Sellers' affidavit showing no
- bankruptcies or judgments, (b) a certificate that Figge is not a
foreign national, (c) keys for the Subject Property, and (d) the
additional documents listed on Exhibit C attached hereto. Figge
agrees that the keys shall be individually labelled to identify the
apartments and/or other rooms within the Subject Property to which
they relate (by building), shall be delivered with the key board or
in any other organized format in which they are grouped by Figge
for his own use, and shall otherwise be delivered to HRA in an
orderly manner.
2.12. Well Disclosure. Figge certifies that to the best of
his knowledge, there are no wells located upon the Subject
Property.
2.13. Figge's Representations. (a) Figge covenants and
represents that he has not been represented in connection with the
RJL72322
AC125-68 8
sale of the Subject Property by any real estate broker or
salesperson (except Bailey Enterprises, Inc., whose commissions
shall be paid by Figge) and Figge agrees to indemnify, defend, and
hold HRA harmless against and in respect of any such obligation and
liability based in any way upon any agreement, arrangement, or
understandings made or claimed to have been made by Figge with any
third person.
(b) Figge covenants and represents that:
(i) Except for Figge, TCF Bank Minnesota, City of
Richfield and Hennepin County, no other party, including but
not limited to those named in Exhibit A attached hereto has an
ownership interest in the Subject Property or any right to
receive a portion of the Settlement Amount; and
(ii) If any person or party other than TCF Bank
Minnesota, City of Richfield, or Hennepin County asserts a
claim that they have an ownership interest in_the Subject
Property or are entitled to receive a portion of the
Settlement Amount, Figge will defend, indemnify and hold HRA
~~ harmless from any such claim.
2'.14. Closing Costs. The parties agree to the allocation
of the duty to pay recording fees, state deed taxes and other
closing costs required in connection with this Agreement as
provided in Exhibit D attached hereto; provided that HRA shall pay
all such amounts in the event that it acquires title to the Subject
Property by payment or deposit pursuant to Minn. Stat. $ 117.042.
2.15. Personal Property. (a) Figge and HRA agree that the
items of personal property which are listed on Exhibit H attached
hereto are not being sold by Figge to HRA under this Agreement.
Figge may remove these items from the Subject Property when
authorized to do so under paragraph (d) of this Agreement. If and
to the extent that Figge elects to remove these items, Figge shall
remove and move them at his own expense; (b) Figge and HRA agree
RJL72322 9
RC125-68
that the items of personal property which are listed on Exhibit I
attached hereto and incorporated herein are being sold by Figge to
HRA under this Agreement and that the Settlement Amount includes
consideration for these items; (c) Figge and HRA agree that, even
though the HRA is purchasing those items under this Agreement, any
items of personal property which are listed on Exhibit I attached
hereto and incorporated herein may be removed and moved by Figge
from the Subject Property at his own cost at any time within five
(5) days after the date of Closing. Thereafter, they shall be
deemed to have been abandoned by Figge and HRA may dispose of them
without any consideration for any previous rights of Figge; (d)
Figge agrees that: (i) Figge shall defend, indemnify and hold
harmless HRA with respect to any claim by the lessor of any clothes
washers, clothes dryers and other equipment leased at the Subject
Property by Figge from third parties ("Leased Personal Property"),
against any claims by the Owners of such leased equipment or others
on their behalf that Figge has failed to return such equipment,
that it was damaged when returned or that Figge otherwise owes them
amounts in relation to such items; (ii) Figge shall provide HRA at
Closing with evidence of payment of all lease payments owed by
Figge for use of any Leased Personal Property through and including
the Date of Closing; (iii) within five (5) days after Closing, at
his expense, Figge shall remove and return to the proper owner
thereof any and all -Leased .Personal Property; and ( vi ) Figge agrees
that, except as provided in Exhibit I attached hereto, any wall
mounted and/or window mounted air conditioning units located in
individual apartment units in the Subject Property are not personal
~,n~zazz 10
RC125-68
property, are being acquired.by HRA under this Agreement, and shall
not be removed from the Subject Property by or on behalf of Figge.
2.16. Settlement of All Claims. It is agreed that Figge
hereby waives any further claims against HRA, the City of Richfield
and CSM, Inc. for compensation due to the taking of the ,Subject
Property in this proceeding, including relocation benefits. Figge
shall be estopped by this Agreement from asserting any additional
consideration in these proceedings or pursuant to its Sublease.
2.17. Notices. Any notice desired or required to be given
pursuant to this Agreement shall be delivered personally to or
deposited in the United States mail, certified mail return receipt
requested,. postage prepaid and addressed to:
If Notice to Figge:
William C. Figge
c/o Gary Bailey
Barley Enterprises, Inc.
484 N. Wabasha Street
St. Paul, MN 55102
With copy to:
Ted Meyer, Esq.
Oppenheimer, Wolff & Donnelly
332 Minnesota Street
1700 West First Bank Building
St. Paul, MN 55101
If Notice to HRA:
Bruce Palmborg
Housing and Redevelopment Coordinator
City of Richfield
6700 Portland Avenue South
Richfield, MN 55423
With copy to:
Robert J. Lindall
Holmes & Graven, Chartered
470 Pillsbury Center
Minneapolis,, MN 55402
Rss.~zazz 11
RC125-68
Dated:
1994
HOUSING AND REDEVELOPMENT
AUTHORITY IN AND FOR THE
CITY OF RICHFIELD
By
Its Executive Director
Dated: 1994
WILLIAM C. FIGGE
By
William C. Figge, single
Dated:
1994
OPPENHEIMER, WOLFF & DONNELLY
By
Theodore J. Meyer, #
332 Minnesota Street, #1700
St. Paul, MN 55101
612/223-2501
ATTORNEYS FOR WILLIAM C.
FIGGE
Dated: , 1994 HOLMES & GRAVEN, CHARTERED
By
Robert J. Lindall, #63277
Corrine Heine, #149743
470 Pillsbury Center
Minneapolis, MN 55402
(612) 337-9300
ATTORNEYS FOR RICHFIELD HOUSING
AND REDEVELOPMENT AUTHORITY
Rsr,~zazz 12
RC125-68
List of Exhibits
Exhibit A - Exhibit A to Condemnation Petition
Exhibit B - Permitted Encumbrances as to Subject Property
Exhibit C - List of Closing Documents
Exhibit D - Allocation of Closing Costs
Exhibit E - List of Occupied Apartments
Exhibit F - Proposed Order Approving Petition and Appointing
Commissioners
Exhibit G - Proposed Order Authorizing Payment or Deposit and
Transferring Title and Possession
Exhibit H - List of Personal Property Which is Not Being Sold
to HrtA
Exhibit I - List of Personal Property Which is Being Sold to
HRA
Exhibit J - Agreed Form of Commissioners' Award of Damages
R~~zszz 13
RC125-68
EXHIBIT B
Permitted Encumbrances Against Subject Property:
(a) Real estate taxes payable to Hennepin County and the State of
Minnesota in 1995 and subsequent years (PID No. 33-028-24-43-
0010)'
(b) Special assessments payable to the City of Richfield not now
levied or pending;
(c) Building and zoning -laws, ordinances, state and federal
regulations;
(d) Restrictions relating to use or improvement of the premises
without effective forfeiture provisions;
(e) Reservation of any mineral rights by the State of Minnesota;
(f) Utility or drainage easements of record which do not interfere
with use or development of the Subject Property, if any; and
(g) Rights of the State of Minnesota, including snow fence
easements and access restrictions created by Final
Certificates filed January 4, 1952 as Document No. 2732832 and
filed September 20, 1963 as Document No. 3431114.
RJL72322
RC125-68 B- 1
Exhibit C
PURCHASE BY THE RICHFIELD HRA
FROM WILLIAM C. FIGGE
LIST OF CLOSING DOCUMENTS
7721 EMERSON AVENUE SOUTH
RICHFIELD, MN 55423
Document
Fees Party
Responsible for
Doc.
1. Stipulation Agreement N/A Holmes & Graven
2. Closing Statement N/A HRA
3. Warranty Deed (William C. Figge
to HRA Holmes & Graven
4. Certificate of Real Estate Value
(William C. Figge to HRA) Holmes & Graven
5. Mortgage payoff letter from TCF
Bank fsb re Mortgage Doc. No.
3898093 TCF
6. IRS Form W-9 Holmes & Graven
7. IRS Form 1099-5 NA Holmes & Graven
8. Special Assessment
Search/Property Tax Statement City
9. Assignment of Leases, Rents, and
Security Deposits Holmes & Graven
l0. Letter to Tenants HRA
11. Water Bills City
12. Up-date searches (on closing
date) Holmes & Graven
13. Final Utility Readings Owner
14. Foreign National Certificate
15. Keys-labeled with bldg. & unit
numbers Owner
RJL72322
RC125-68 C - 1
Exhibit E
List of Occupied Apartments
PJL72322
RC125-68 E - 1
Exhibit H
List of Personal Property Which Is Not Being Sold to HRA
RJL72322
RC125-68 H-1
Exhibit I
List of Personal Property Which .Is Beinq Sold To HRA
RJL72322
RC125-68 I -1
-`~ HOUSING AND REDEVELOPMENT AUTHORITY
HRA Letter No. 48
Agenda July 18, 1994
Issue Statement:
HRA review of ILN Phase II redevelopment proposals.
Background:
The contract for private development between the HRA and CSM
Corporation delineated a deadline of August l for receipt of
alternative proposals for the Phase II area of the ILN (area
bounded by Lyndale and Colfax Avenues, 77th and 78th Streets).
Attached are the relevant pages from the contract.
At this writing, staff is aware of two alternative proposals;
the Feldmann proposal and the Adelmann proposal. Additional
alternatives could be advanced but staff has no knowledge of
them.
Recommended Motion:
Set a date, time and location at which the alternative proposals
for Phase II would be presented to the HRA.
Basis of Recommendation:
1. The contract establishes a date by which the alternative
proposals must be submitted.
2. The HRA must decide when they would like to have the
proposals presented for consideration.
Alternative Recommendation:
Discuss another procedure for. reviewing the alternative
proposals.
Discussion/Decision Mode:
The contract establishes November 1 as the date by which
successful alternate proposals must prove financial feasibility.
A timely evaluation of alternate proposals should be completed to
maximize the time available to develop a financial package.
Respectfully submitted,
James D. Prosser
Executive Director
JDP:ds
Section 3.2A . Phase II Property -Other Proposals . The rights, obligations
and responsibilities of the parties as such relate to the Phase II Property and the
Phase II Minimum Improvements are made expressly subject to the provisions of this
Section, and the procedure provided for herein.
(a) The owners and/or occupiers of lands lying within the Phase II
Property shall have until August 1, 1994 to submit and obtain
preliminary approval from the HRA for an alternative proposal to
develop all or part of the Phase II Property. Such alternative proposal
may be made jointly with the Redeveloper, separately or with others .
(b) If alternative proposals together with any deposit required by the HRA
to cover its review expenses are submitted, the HRA shall have the
absolute discretion in all matters relating to the review of the proposals
and the selection of a developer for all or part of the Phase II Property.
In its selection process, the HRA will give consideration to factors
which include the following:
1. the effect on the city's tax base;
2. the effect on employment;
3. the effect on existing businesses, property owners and
employers in the area;
4. the aesthetic quality and its harmony with the design of Phase I;
5. the appropriateness of any proposed uses to the area;
6. the effect that the redevelopment will have in relation to the
development of the Clover Leaf property and properties adjacent
to Lydale Avenue;
7. the amount and nature of assistance requested; and
8. similarity with Redeveloper's plan for the Phase II Minimum
Improvements.
(c) If no alternative proposals are submitted within time to be considered
on or before August 1, 1994, or if, following review of any alternative
proposals the HRA confirms the Redeveloper as redeveloper for Phase
II, the HRA shall so notify the Redeveloper in writing and the
Redeveloper shall then proceed with its obligations under this
Agreement with respect to the Phase II Property and the Phase II
Minimum Improvements .
JHD67324
RC125-68 1 Q
(d) If the HRA, in its sole discretion, makes a preliminary selection of an
alternative proposal, the proposer shall then be given until November
1, 1994 to (i) provide evidence satisfactory to the HRA that it has the
necessary financial capability whether in the form of equity, borrowing
or otherwise to successfully complete the redevelopment of the Phase II
Property; (ii) can provide suitable and adequate security to the HRA
to assure its performance; and (iii) has agreed to the terms for a
contract for redevelopment of all or part of the Phase II Property.
(e) If no proposer complies with the provisions of paragraph (d) by
November 1, 1994, the HAA will so notify the Redeveloper in writing
and the Redeveloper shall then proceed with its obligations under this
Agreement relating to the Phase II Property and the Phase II Minimum
Improvements.
(f) In the event that the HRA selects a proposer to be the developer of all
or part of the Phase II Property, the HRA will so notify the Redeveloper
in writing and upon such- notification, the parties hereto shall be
relieved from any further obligation to one another under this
Agreement with respect to the Phase II Property and the Phase II
Minimum Improvements .
(g) If the HRA makes a selection pursuant to paragraph (f) above, the HRA
agrees that it will give reasonable consideration consistent with the
Phase II development to provide the Redeveloper the right to purchase
from the HRA or through the selected proposer anon-exclusive
easement over and across a portion of the Phase II Property and lying
contiguous with the Phase I Property sufficient either to: (i) the
establishment of enough parking spaces which, when combined with the
parking on the Phase I Property would result in a parking ratio of 5 :1
for Phase I, or (ii) provide 100 additional spaces, whichever is less.
This proposal shall not be construed to permit the creation of parking
spaces other than those which are shown on the approved Concept Plan.
(h) The provisions of this Section are intended to inform the Redeveloper
of the procedure to be followed by the HRA with respect to Phase II and
are not intended and shall not be construed as creating any right in
individuals which are not parties to this Agreement .
h~~~~-oe 11
r-~,. HOUSING .AND REDEVELOPMENT AUTHORITY
HRA Letter No.47
Agenda July 18, 1994
Issue Statement:
Authorize revision of contract for private development between
CSM and HRA.
Background:
Best Buy has requested consideration of a new larger store
concept for the CSM site in order to better position Best Buy in
the market place. CSM Corporation is requesting this
modification to its approved Phase I plan as well as
modifications in parking, docking and foot print.
A revised site plan is attached which places parking on Emerson
Avenue and removes such from Colfax. This is required in order
to separate Phase I from Phase II because of the possibility of
different developers. The foot print reflects the new
configuration as well as the redesign of the dock area. A
comparison of the features of the initially approved plan and the
proposed concept plan follows:
Initial Revised
Concept Concept
Proposed Bldg. Area 114,484 s.f. 116,605 s.f.
Best Buy 47,341 57,075
Sport Mart 42,000 43,968
CompUSA or other 25,143 15,561
Proposed Parking 501 (4.38/1,000 sf) 515 (4.42/1,000 sf)
Recommended Motion:
1. Authorize the revision of the contract for private
redevelopment between the HRA and CSM.
2. Request the City Council to meet concurrently with the HRA at
a special meeting on August 1, 1994.
Basis of Recommendation:
1. The contract must accurately reflect the proposed
redevelopment project concept.
2. These proposed changes must also be reflected in the Planned
Unit Development, Conditional Use Permit and Final
Development Plan. The Planning Commission will be reviewing
the changes on July 26. The City Council would review and be
requested to take action on the changes at a special meeting
on August 1.
3. A copy of the attached letter was mailed July 8 to all
property occupants and owners of record informing them of
these meetings and their purpose.
Alternative Recommendation:
1. Delay action.
2. Refuse to authorize the changes.
Discussion/Decision Mode:
A timely response to the request would help to make it possible
for construction to be initiated this year.
Respectfully submitted,
James Prosser
Execu ve Director
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July 8, 1994
6700 Portland Avenue • Richfield, Minnesota 55423-2599
City Manager Mayor
James D. Prosser Martin Kirsch
Council
Don Priebe Michael Sandahl
Susan Rosenberg Russ Susag
Subject: Phase I Redevelopment by CSM Corporation
Dear Property Owner and/or Business Operator:
The CSM Corporation is scheduled to redevelop a site area known as Phase I bounded by
Emerson and Colfax Avenues, and 77th and 78th Streets.
The originally approved plan included three buildings totaling approximately 114,000 square feet;
47,000 square feet for Best Buy, 42,000 square feet for SportMart and 25,000 square feet for
CompUSA with 501 parking spaces.
CSM has proposed a modification of Phase I by increasing the size of Best Buy and
SportMart while reducing the third. The overall square footage is about the same but the foot
print changes. In similar fashion, the parking numbers are similar but the location varies as
~' parking is eliminated north of the building but includes utilization of Emerson Avenue for
parking.
Consideration will be given to the modifications by the Planning Commission, HRA and City
Council, as follows:
July 18, 1994, 7:00 P.M., City Hall, HRA meeting.
At the regular monthly meeting, the revised conceptual site plan will be presented for
review (other items not related to Phase I redevelopment will also be part of agenda).
July 26, 1994, 7:00 P.M., City Hall Planning Commission meeting.
At the regular monthly meeting, a proposal to amend the Planned Unit
Development/Conditional Use Permit/Final Development Plan to reflect
the above changes will be presented for consideration.
August 1, 1994, 7:00 P.M., City Hall Concurrent HRA and City Council meeting.
At this special meeting, the HRA will be requested to approve an amended
Contract For Private Development with CSM for the above identified changes to the
Phase I plan.
The Urban Hometown
Telephone (612) 861-9700
Fax 861-9749
An .Equal Opportunity Employer
- Property Owner and/or Business Operator
July 8, 1994
Page 2
At this special meeting, the City Council will be requested to hold a public
hearing on the above identified changes and the need to amend the Planned
Unit Development/Conditional Use Permit/Final Development Plan.
The City Council will also be requested to approve an agreement between the City
and CSM Corporation which would permit CSM to utilize Emerson Avenue
between 77th and 78th Streets for parking.
Finally, the City Council has scheduled a public hearing for a matter related to the Phase I
redevelopment but not part of the plan changes. A public hearing is set for July 25, 1994 at 7:00
P.M. at City Hall, as part of a regular Council meeting, to consider the vacation of portions of
the old 77th Street right-of--way between Colfax and Emerson Avenues.
I hope this information is helpful to you. If you have any questions please do not hesitate to call
me at 861-9760.
Thank you.
\ Sincerely,
~'~ By J. a ace
Community Development Director
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