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HRA Resolution 1996-3HRA RESOLUTION 96- 3 THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO RESOLUTION FINDING CERTAIN PROPERTY OCCUPIED BY A STRUCTURALLY SUBSTANDARD BUILDING AND AUTHORIZING A PRE - DEMOLITION DEVELOPMENT AGREEMENT BETWEEN THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO AND BARRY FLUTH WHEREAS, Barry Fluth (the "Developer ") is the owner of certain property within the city of Monticello described as follows: Lots 7 & 8, Block 52, except the southeasterly 16.5 feet of the southwesterly 90 feet of Lot 8, Original Plat addition in the city of Monticello, County of Wright, Minnesota (the "Property "); and WHEREAS, the Property is currently occupied by a structurally substandard building as defined by Minnesota Statutes, Section 469.174, Subd. 10(b) (the "Building "), which the Developer intends to demolish; and WHEREAS, the Developer and the Housing and Redevelopment Authority in and for the City of Monticello (the "Authority ") desire to enter into a development agreement prior to the Developer's demolition of the Building; and WHEREAS, the Developer and the Authority wish to agree upon the type, scope, and timing of the development of the Property (the "Project ") and the types and amounts of assistance to be provided by the Authority to the Developer with respect to the Project; and WHEREAS, the Developer and the City wish to memorialize their desire to agree upon the terms and conditions by which the Authority will provide assistance to the Developer in return for the Developer's undertaking and completing the Project. NOW, THEREFORE, BE IT RESOLVED by the Housing and Redevelopment Authority in and for the City of Monticello, Minnesota as follows: 1. The Authority finds that the Property is currently occupied by a structurally substandard building as defined by Minnesota Statutes, Section 469.174, Subd. 10(b). 2. The Authority intends to include the Property in a redevelopment tax increment financing district within three years after demolition of the Building. Resolution 96- Page 2 3. Upon filing the request for certification of the Property as part of a redevelopment tax increment financing district, the Authority will notify the county auditor that the original tax capacity of the Property must be adjusted as provided by Minnesota Statutes, Section 469.177, Subdivision 1(h). 4. The Pre - Demolition Development Agreement attached as Exhibit A is hereby incorporated herein and approved, and the Chair and the Executive Director of the Authority are authorized to undertake all actions necessary to execute the Pre - Demolition Development Negotiation Agreement on behalf of the Authority. 5. The Executive Director of the Authority is authorized to make any non- material corrections to the final Pre - Demolition Development Agreement prior to its execution. Approved by the Board of Commissioners for the Housing and Redevelopment Authority in and for the City of Monticello this 6th day of March , 1996. Dated: � - t — 1�1\ �s Chai�/ ATTEST: Executive Director PRE - DEMOLITION DEVELOPMENT AGREEMENT THIS AGREEMENT dated this 20th day of March , 1996 by and between the Housing and Redevelopment Authority in and for the City of Monticello, a public body corporate and politic under the laws of the State of Minnesota ( the "Authority ") and Barry Fluth ( the "Developer ") : WITNESSETH : WHEREAS, the Authority desires to promote development of the property described as: Lots 7 & 8, Block 52, except the southeasterly 16.5 feet of the southwesterly 90 feet of Lot 8, original plat addition in the City of Monticello, County of Wright, Minnesota ( the "Property ") ; and WHEREAS, the Property is currently occupied by a structurally substandard building (the "Building ") as defined by Minnesota Statutes, section 469.174, subd. 10(b); and WHEREAS, the Developer may develop the Property (the "Project ") ; and WHEREAS, the Authority desires to assist the Developer in development of the Property, provided that a satisfactory agreement can be reached between the parties to establish the type and level of public assistance to be provided by the Authority to the Developer with respect to development of the Property. NOW, THEREFORE, in consideration of the mutual covenants of the parties hereto, IT IS AGREED between the parties as follows: 1. Pursuant to this Agreement, the Developer will demolish the Building and remove any debris in accordance with all applicable laws, ordinances, rules, and regulations. 2. Contingent upon successful negotiation of: (a) Terms and conditions concerning the type, scope, and timing of construction of the Project by the Developer and of any public improvements to be constructed in connection with the Project; (b) A statement of the nature and amount of any security to be furnished to the Authority to protect its financial investment in the Project before and after completion of the Project; (c) Types and amounts of assistance to be provided by the Authority to the Developer; and (d) Such other terms and conditions as may be agreed upon by the parties, DJG100970 MN190 -53 1 the Authority will provide such assistance as has been agreed upon by the parties and the Developer will undertake and complete construction of the Project, all as set forth in a definite contract to be entered into by the parties. 3. The parties shall use their best efforts to successfully negotiate the terms and conditions described in paragraph 2; provided, however, that nothing in this Agreement shall prevent the Developer from selling or negotiating to sell the Property to any other person or entity. If negotiations between the parties are not successfully completed within 45 days of the execution of this Agreement, the obligations of all parties to one another shall terminate and neither shall incur any obligation to any other, unless both parties agree in writing to extend the term of this Agreement. 4. During the term of this Agreement, the Developer shall provide to the Authority the information the Authority reasonably deems necessary to evaluate whether and how to provide the assistance contemplated by this Agreement. Such information may include, without limitation (b) a preliminary design proposal and a cost analysis projection for the design and construction of the Project. The proposal shall show the location, size, and nature of the Project, including floor plans, outline specifications, and other graphic or written explanations of the Project, shall be accompanied by a time schedule for all phases of development, and shall show and be compatible with any public improvements to be constructed adjacent to or as part of the Project; (c) other preliminary economic feasibility studies, income and expense projections, and economic information; (c) a Project financing plan that shows the Developer's ability to finance the Project and that the Authority's investment will be protected; (d) documentation identifying the legal entity constituting the Developer, the identity of the Developer's principal owners, and the legal relationship of such principal owners; and (e) information or financing statements that the Authority may reasonably request concerning each person or entity comprising the Developer and evidencing the financial responsibility of such person or entity and the nature and extent of such person's or entity's financial interest in the Developer and the Project. 5. It is expressly understood that the Authority's provision of assistance and the Developer's undertaking and completion of the Project is subject to the determination by both parties, in light of all the facts and circumstances, that such actions are in the best interest of the parties. DJG100970 MN190 -53 2 IN WITNESS WHEREOF, the parties have caused this Agreement to be executed and delivered as of the day and year first above written. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF MONTICELLO By• is 'r By: (7�) Its Executive Direc r STATE OF MINNESOTA ) )SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 20th day of March , 1996, by Al Larson and Olive Koropchak, the Chair and Executive Director, respectively, of the Housing and Redevelopment Authority in and for the City of Monticello, on behalf of the Authority. r Not ry Public, MARLENE J, HELLMAN t" "AR's PUBLIC - RAI MPS07A I C-0m.a. Jan. 31, 2000 DJG100970 MN190 -53 3 BARRY FLUTH r Barry Fluth STATE OF MINNESOTA ) )SS. COUNTY OF WRIGHT ) The foregoing instrument was acknowledged before me this 20th day of March 1996, by Barry Fluth, an individual. G 4Noy Pub This Instrument Was Drafted By: KENNEDY & GRAVEN, CHARTERED 470 Pillsbury Center Minneapolis, Minnesota 55402 612 -337 -9300 DJG100970 MN190 -53 4 MARLENE J- HELLMAN Nt�T.R'�JEILIC - i3AiNIVESQTA AM AAAARI '�•.,�. My GDS ,a =..P, Jan. 31, 2000