HomeMy WebLinkAbout06.27.11 EDA Packet
AGENDA
SPECIAL ECONOMIC DEVELOPMENT AUTHORITY MEETING
JUNE 27,2011
6:15 P.M.
CITY COUNCIL CHAMBERS
Jason Bartholomay, Chair
Christy Fogarty, Vice-Chair
Todd Larson, Mayor, Terry Donnelly, Julie May
Action Taken
1. Call Meeting to Order
2. Pledge of Allegiance
3. Approve Agenda
4. Citizen Comments / Presentations
5. Consent Agenda
6. Public Hearings
7. Continued Business
a) Approve Various Contracts for the Sale of the McVicker Lot
8. New Business
9. City Staff Reports/Open ForumIDiscussion
10. Adjourn
TIDRD AMENDMENT TO
CONTRACT FOR PRIVATE DEVELOPMENT
F~INGTON,NUNNESOTA
TillS AMENDMENT, made on or as of the ~ '7 -f"l day of ~. 2011, by
and between the ECONOMIC DEVELOPMENT AUTHORITY1N AND FOR THE
CITY OF FARMINGTON, a public body corporate and politic under the laws of the
State of Minnesota (the "EDA") and PHILIPPIANS 4:19, LLC, a Minnesota limited
liability company, (the "Developer").
WHEREAS, the EDA and Linden K. Dungy ("Dungy") entered into a Contract
for Private Development dated April 25, 2011, (hereinafter "Contract"), related to the
conveyance and development of the Property legally described in Exhibit "A."
WHEREAS, Dungy has assigned his interest in the Contract to Philippians 4:19,
LLC, the Developer.
WHEREAS, the parties desire to amend certain provisions of the Contract,
including deadlines for closing of the Contract and construction timelines.
NOW, THEREFORE, in consideration of the Contract and the premises and
mutual obligations of the parties hereto, each of them does hereby covenant and agree
with the other as follows:
1. AMENDMENT TO ARTICLE I. The definition of Purchase Price in
Article I is amended in its entirety to read as follows:
"Purchase Price" means the sum of Thirty Five Thousand Five Hundred and No/toO
Dollars ($35,500.00), which the Developer shall pay the EDA for the purchase of the
Property.
2. AMENDMENT TO SECTION 2.2. Section 2.2(g) is amended in its
entirety to read as follows:
(g) The Developer will construct the Minimum Improvements on the Property in
accordance with the plans approved by the EDA and will commence construction of the
Minimum Improvements on or before August 1, 2011.
3. AMENDMENT TO SECTION 3.1. Section 3.1(f) is hereby deleted.
4. AMENDMENT TO SECTION 3.2. Section 3.2(a)(iv) is hereby deleted.
5. AMENDMENT TO SECTION 3.4. Section 3.4(a) is amended in its
entirety to read as follows:
(a) Within ten (10) days after the satisfaction and/or waiver of all of the conditions
contained in Section 3.2 of this Agreement, and in any event no later than July 29,2011
("Closing Date") provided all conditions precedent for the EDA and Developer to close
have either been met or waived, and the Developer pays the EDA the Purchase Price, the
EDA shall convey the Property to the Developer through the execution and delivery of
the Deed and all other documents reasonably required by Developer and the Title
Company. This closing shall be at a location mutually agreed upon by the parties.
6. AMENDMENT TO SECTION 3.4. Section 3.4(e)(iii) is amended in its
entirety to read as follows:
(iii) costs for the survey required under Section 3.2(b)(vi) and legal
descriptions for the easements required under 3.2(a) (v);
7. AMENDMENT TO SECTION 3.4. Section 3.4(g)(i) is hereby deleted
in its entirety.
8. AMENDMENT TO SECTION 3.9. Section 3.9(c) is amended in its
entirety to read as follows:
( c) $20,000 will be paid by the EDA to the Developer within a reasonable period of
time following the Developer's receipt from the City of a temporary certificate of
occupancy prior to December 31, 2012. .
9. AMENDMENT TO SECTION 4.3. Section 4.3 is amended in its
entirety to read as follows:
Section 4.3. Construction of Minimum Improvements. The Developer shall
commence construction of the Minimum Improvements on or before August 1, 2011.
Subject to Unavoidable Delays, the Developer shall substantially complete construction
of the Minimum Improvements, except for minor "punch list items", on or before
December 31, 2012.
10. AMENDMENT TO SECTION 7.7. Section 7.7(a) is amended in its entirety to
read as follows:
(a) In the case of the Developer, is addressed or delivered personally to:
Philippians 4:19, LLC
4502 Alicia Drive
Inver Grove Heights, MN 55077
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,.".,;",. "'.,;,' """"VEST&GOLTZ,P.A.
^ <',' ',' ""." "..' ',<"'c'<C""''^'~101'1NoIth1and Circle
Suite 300
Brooklyn Park, MN 55428
Telephone: (763) 566-3720
11. AMENDMENTS TO EXIllBIT E. Exhibit E the Contract is amended
as hereby attached.
12. EFFECT. The Contract, as previously amended, shall remain in full force
and effect except as specifically amended by this Amendment to Contract for Private
Development;
IN WITNESS WHEREOF, this Amendment to Contract for Private
Development was executed by the parties the day and year first above written.
ECONOMIC DEVELOPMENT AUTHORITY IN
AND FO~ OF ~ARMINGT.ON..
BY:~ ---~_. -
Jason Bartholomay, President
By:Zr
~ Kevin Schorzman, Interim Executive Director
STATE OF MINNESOTA
)
)ss.
)
COUNTY OF DAKOTA
The foregoing instrument was acknowledged before me this d 7'f1, day o~ '
20-.16 by Jason Bartholomay and Kevin Schorzman, the President d Executive
Director, respectively, of the Economic Development Authority in and for the City of
Farmington, a public body corporate and politic under the laws of the State of Minnesota,
on behalf of the public body corporate and politic. ~ 0. h---7~
n~--LJJ a-~
PHILIPPIANS 4:19, LLC - ---z;:v
Linden K. Dungy, Chief Manager
CYNTHIA A. MULLER
NOTARY PUBUC. MINNESOTA
MyCommlssJon ExpJres01-31-2015
~
BY:
STATE OF MINNESOTA
COUNTY OF DAKOTA
)
)ss.
)
The foregoing instrument was acknowledged before me this day of
, 2011, by , the Chief Manager of
Philippians 4:19, LLC, a Minnesota limited liability company, on behalf of the company.
-
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DRAFTED BY:
CAMPBELL KNUTSON, P.A.
1380 Corporate Center Curve, Suite #317
Eagan, Minnesota 55121
Telephone: (651) 452-5000
AMP
EXIllBIT "A"
LEGAL DESCRIPTION OF THE PROPERTY
That part of Lots 5 and 6, Block 23, Town of Farmington, Dakota County, Minnesota,
described as follows:
Beginning at a point on the West line of Lot 6, Block 23, Town of Farmington, Dakota
County, Minnesota distant 20 feet North of the Southwest comer of said Lot 6; thence
East lto feet; thence South 30 feet; thence West lto feet; thence North 30 feet to the
point of beginning.
AND
All that part of Lots 7 and 8, Block 23, Town of Farmington, Dakota County, Minnesota,
described as follows:
Beginning at the Northwest comer of said Lot 7; thence South, along the West line of
said Lot 7, 30 feet; thence East 110 feet; thence North 30 feet; thence West 110 feet to
the point of beginning; together with that part of the vacated alley adjacent thereto
described as follows: Beginning at the Northwest comer of said Lot 7; thence East 110
feet; thence North 10 feet; thence West 110 feet; thence South 10 feet to the point of
beginning.
PIN # 14-77000-088-23
EXHIBIT E
FORM OF GO AHEAD CERTIFICATE
This Certificate ("Certificate") is provided in accordance with Section 3.9(a) of
the Contract for Private Development, dated , 2011, by and between
the Economic Development Authority in and for the City of Farmington and Philippians
4:19, LLC (the "Agreement"). Capitalized terms used in this Certificate and not defined
herein have the meaning given in the Agreement.
The undersigned certifies all required governmental permits for construction of
the project have been received, that financing necessary for completion of the Project has
been secured by the Developer and that actual physical construction of the Project
commenced before August 1,2011.
PHILIPPIANS 4:19, LLC
Dated:
By:
Linden K, Dungy, General Manager