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95-04 HRA Resolution . . . Resolution 95-4 May 9, 1995 Commissioner Tremere introduced1the following and moved its adoption, as amended: RESOLUTION APPROVING SALE OF CERTAIN REAL PROPERTY IN THE VALLEY SQUARE REDEVELOPMENT AREA AND AMENDING REDEVELOPMENT PLAN WHEREAS, the Housing and Redevelopment Authority in and for the City of Golden Valley (hereinafter "HRA") and the City Council for the City of Golden Valley (hereinafter "City") have approved the Valley Square Redevelopment Plan; and WHEREAS, the Valley Square Redevelopment Plan contemplates the relocation of the Post Office within the Valley Square Redevelopment Area if possible, and the redevelopment of Area C with a unified mixed use development; and WHEREAS, the United States Postal Service, an independent establishment of the Executive Branch of the government of the United States (hereinafter referred to as "Developer") has made a proposal for the construction of a 32,000 sq. ft. post office facility; and WHEREAS, The HRA has reviewed the terms of the proposal made by the Developer and they appear to be reasonable and within the overall guidelines for redevelopment of the Valley Square Redevelopment Area; and WHEREAS, the HRA has determined the use value of the real property contemplated by the Developer's proposal; and, WHEREAS, pursuant to Minnesota Statutes 3469.029, the HRA has duly given notice in the form attached as Exhibit A of a public hearing on the proposed sale of the property legally described in Exhibit B attached hereto (hereinafter the "Subject Property" and has duly held said pubic hearing. NOW, THEREFORE, BE IT RESOLVED, that the HRA does hereby make the following findings and determinations: 1. Proper published notice of the proposed sale of the Subject Property described above has been given and a public hearing has been held thereon, all in accordance with the provisions of Minnesota Statutes 3469.029; 2. The use of the Subject Property proposed by the Development is reasonably within the overall guidelines of the Valley Square Redevelopment Plan and it is hereby amended to include a post office as an appropriate use in Area C; Resolution 95-4 - Continued May 9, 1995 . 3. The use value of the Subject Property is hereby established as $565,071; 4. In consideration of the restrictions on the sale and use of the Subject Property imposed by Minnesota Statute 9469.029 and the restrictions imposed by the Valley Square Redevelopment Plan, sale of the Subject Property to the developer at $565,071 is appropriate. BE IT FURTHER RESOLVED that: 1. The sale of the Subject Property to the Developer on the terms and conditions set forth in the development agreement attached hereto as Exhibit C is hereby approved; and 2. The Chair of the HRA and the Director of the HRA are hereby authorized to execute the development agreement and any other necessary documents and close the sale of the Subject Property to the Developer pursuant to the terms and restrictions provided hereby; and . 3. The Director of the HRA is hereby authorized and empowered to perform the obligations imposed on the HRA under the private development agreement. ~~.~ David A. Thompson, Chair ATTEST: tvi Motion for the adoption of the foregoing resolution was seconded by Commissioner Russell; and upon a vote taken thereon, the following voted in favor thereof: Johnson, Micks, Russell, Thompson and Tremere; and the following voted against the same: none, whereupon said resolution was declared duly passed and adopted, signed by the Chair and his signature attested by the Director. . . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" DEVELOPMENT AGREEMENT THIS AGREEMENT, effective as of ~';1 , 1995, is made and entered into by and between THE HOUSING AND REDEVELOPM . AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY, a public body corporate established and existing under Minnesota Statutes, Section 469.001 et ~., with its principal offices at 7800 Golden Valley Road, Golden Valley, Minnesota 55427 (the "HRA"), and UNITED STATES POSTAL SERVICE, an independent establishment of the executive branch of the Government of the United States with its offices at 6800 West 68th Street, Suite 100, Overland Park, Kansas 66202-4171 ("Postal Service"). WHEREAS, the HRA and the City of Golden Valley (the "City") adopted the Valley Square Redevelopment Plan (the "Plan") in July, 1978, and have since made certain amendments thereto, for the purpose of redeveloping approximately 200 acres located in the City of Golden Valley (the "Redevelopment Area"); and WHEREAS, the Redevelopment Area has been designated as a tax increment district pursuant to applicable Minnesota statutes; and and WHEREAS, the Plan is intended to encourage development of the Redevelopment Area; WHEREAS, the Postal Service has submitted to the HRA a proposal for the development of a post office (the "Post Office Project") on a site in the Redevelopment Area (the "Post Office Site"); WHEREAS, the Postal Service has agreed to purchase a parcel of land (the "Development Property") that is owned by the HRA; and WHEREAS, following its acquisition of the Development Property, the Postal Service intends to build and operate a post office; and WHEREAS, the HRA, after public hearing, has approved the Post Office Project as ,;.\ being consistent with the provisions of the Plan; and WHEREAS, Minnesota Statutes, Section 469.029, requires the adoption of a development agreement between the parties setting forth the mutual rights and obligations of the parties in accordance with the provisions of the Plan; NOW, THEREFORE, in consideration of the foregoing, and in consideration of the mutual terms and conditions contained herein, the parties hereby agree as follows: . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" ARTICLE I Definitions Section 1.1. Definitions. In this Agreement, unless a different meaning clearly appears from the context: "Agreement" means this Development Agreement by and between The Housing and Redevelopment Authority in and for the City of Golden Valley, Minnesota, and the United States Postal Service, , an independent establishment of the Executive Branch of the Government of the United States, as the same may be from time to time modified, amended or supplemented. "Block" means the area in Golden Valley bounded on the south by Highway 55, the north by Golden Valley Road, the east by Rhode Island Avenue and the west by Winnetka Avenue. "Certificate of Completion" means the certification, in the form of the certificate contained in Exhibit D attached to and made a part of this Agreement, provided to the Postal Service pursuant to Section 4.4 Of this Agreement upon satisfactory completion of the Improvements. "Citt' means the City of Golden Valley, Minnesota. "Closing Date" means the date upon which the HRA conveys the Development Property to the Postal Service, which shall be on or after the date the Parties have obtained all consents and approvals required for construction of the Improvements, and which the Parties expect to be on or about May 31, 1995. "County" means the County of Hennepin, Minnesota. "Development Property" means the real property described in Exhibit A of this Agreement. The Postal Service shall provide the HRA with a 6' sidewalk easement on the southerly boundary of the property in the form attached on Exhibit H. The HRA shall provide adequate access to and from the Development Property, with access to Rhode Island Avenue and Golden Valley Road. The access to Golden Valley Road will be on a private driveway sold to a private developer of adjacent property, but the Postal Service shall have an ingress and egress easement over said access. The Driveway Easement attached as Exhibit B provides for conveyance of the driveway easement and construction and maintenance of the driveway. The Development Property also includes temporary and permanent drainage easements (the temporary and permanent drainage easements shall be provided in the forms attached as Exhibit C and C-A respectively when the remainder of the block is developed). The drainage pond shall be constructed in accord with the requirements of the Bassett Creek Watershed Management Commission. "Event of Default" means an action by the Postal Service listed in Section 10.1 of this Agreement. - -2- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" "HRA" means The Housing and Redevelopment Authority in and for the City of Golden Valley. "Improved Parcel" means the Development Property and the completed Improvements. "Improvements" means a United States Post Office facility, plus parking for a minimum of 79 cars, plus all other improvements, including fixtures and equipment, to be constructed by the Postal Service upon the Development Property pursuant to this Agreement, as such improvements are defined in this Agreement. "Parties" means the HRA and the Postal Service. "Party" means either the HRA or the Postal Service. "Plan" means the Valley Square Redevelopment Plan, adopted by the City and the HRA in July of 1978, and as amended through the date hereof. "Postal Service" means the.United States Postal Service, an independent establishment of the executive branch of the government of the United States. "Post Office Project" means the construction and operation of the Improvements pursuant to the terms of this Agreement. "Preliminary Plans" means the Site Plan and Requirements submitted by the Postal Service as part of its proposal and approved by the HRA as being consistent with the Plan, and attached as Exhibit E. "Purchase Price" means the sum of $565,071.00. Any adjustments in the Purchase Price which occur subsequent to the Closing Date based on the items described herein shall be paid promptly by the Parties. "Redevelopment Area" means the approximately 50 acres located in Golden Valley, Minnesota that are subject to the Plan. "State" means the State of Minnesota. "Tax Increment District" means the Redevelopment Area. "Tax Increment Financing Act" means the statutes located at Minnesota Statutes, Sections 469.174 through 469.179, inclusive, as amended. "Tax Increment Financing Plan" means the Tax Increment Financing Plan for City of Golden Valley. "Tax Official" means any City or County Assessor; County Auditor; County or State Board of Equalization; the Commissioner of Revenue of the State; or any State or Federal District Court, the Tax Court of the State or the State Supreme Court. -3- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" "Unavoidable Delays" means actual delays due to events directly affecting the Development Property which are beyond the control of the Parties, including but not limited to labor disputes, unusually severe or prolonged bad weather, acts of God, fire or other casualty, injunctions, or other court or administrative orders. ARTICLE II General Terms Section 2.1. Pursuant to the terms of this Agreement, the HRA shall sell the development property to the Postal Service and the Postal Service shall construct, operate and maintain the Improvements upon the Development Property in accordance with the terms of this Agreement. ARTICLE III Title and Other Matters Section 3.1. Marketable Title. The Postal Service has obtained a title commitment issued by Old Republic National Title Insurance company showing marketable title in the HRA. The HRA shall convey to the Postal Service marketable title subject only to the following exceptions: (a) Mineral rights reserved to the State of Minnesota. (b) Utility and drainage easement(s) as shown on the recorded plat of Valley Square 6th Addition. (c) Other restrictions, if any, expressly agreed to by the Postal Service, including those restrictions and reversionary rights contained in this Agreement. The Postal Service shall be allowed 15 days after execution of this Agreement by the HRA to make objections thereto, such objections to be made in writing or deemed waived. The HRA shall be permitted 60 days from and after the date of such objections to cure the same and the HRA hereby undertakes to cure such defects. If such title objections cannot be cured within 60 days, or such longer period as is agreed to by the Postal Service, and the Postal Service does not waive such objections, then the Postal Service shall have the right to terminate this Agreement by giving written notice thereof to the HRA. Section 3.2. Subsurface Geotechnical Survey. The Postal Service has performed a subsurface geotechnical survey of the soil of the Development Property. Section 3.3. Environmental Matters. HRA warrants that as of the date of this Agreement and of.t!ansfer of title, (1) the Property (including the land, surface water, and improvements to the land) is free of all contamination from petroleum products or any hazardous substance or hazardous waste, as defined by applicable state or federal law, and (2) there are -4- Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" -. . no underground storage tanks or associated piping on the Property. This warranty survives transfer of title and shall be binding upon seller, its successors and assigns. Section 3.4. Real Estate Taxes and Special Assessments. The HRA represents that no property taxes are due and payable on the Development Property in the year of closing. The HRA shall pay in full all special assessments against the Development Property which are levied or pending (approved by the City Council) as of the Closing Date. . Section 3.5. Deed. Upon tender of the Purchase Price by the Postal Service on the Closing Date, the HRA shall deliver to the Postal Service a limited warranty deed describing the Development Property in the form attached as Exhibit F (the "Deed"), the driveway easement and temporary drainage easement in the form attached as Exhibits B and C, respectively. The Deed shall be subject to the encumbrances referred to in Section 3.1, the terms and conditions of this Agreement, and such other encumbrances as the HRA and the Postal Service shall mutually agree. The Deed shall contain a forfeiture clause providing for revesting of title in the HRA upon the occurrence of an Event of Default (as defined in Section 10.1 hereof) and expiration of any period to cure such Event of Default provided in Section 10.2 hereof prior to issuance of the Certificate of Completion. The Purchase Price shall be due and payable in full at closing by Postal Service check or check of Old Republic Title Insurance Co. except that the amounts of $65,000.00 and $25,000.00 thereof shall be held in escrow by Old Republic Title Insurance Co. pursuant to an Escrow Agreement between the parties and Old Rebpulic Title Insurance Co. The $65,000.00 shall guarantee HRA construction of the driveway easement as provided in Exhibit B and the $25,000.00 shall guarantee HRA construction of the permanent drainage pond and conveyance of the easement therefor as provided in Exhibit C. The escrowed amounts shall be released to the HRA when the respective obligations therefor are fulfilled. The Escrow Agreement shall provide for the funds to be held in U.S. Treasury Bills and the interest earned thereon shall be released to the Postal Service when the escrowed funds are released to the HRA. Delivery of the Deed shall not cause termination of any provisions of this Agreement, except where expressly provided. Except as provided in Section 3.1, all costs of the conveyance of the Development Property to the Postal Service, including any and all fees and charges relating to such conveyance, and filing or recording fees and any and all other taxes and charges payable in connection with such conveyance, if any, shall be wholly borne by the Postal Service, except for the State deed tax which shall be paid by the HRA on the Closing Date, and except that the HRA shall pay its own attorneys' fees. The HRA shall voluntarily take no actions to encumber title, or fail to take any action necessary to prevent encumbrance of title, except with respect to Permitted Encumbrances to the Development Property, between the date hereof and date of delivery of the Deed to the Postal Service by the HRA pursuant to this Section. . Section 3.6. Recording. The Postal Service shall cause the title insurance company to promptly file the Agreement and the Deed in the office of the Hennepin County Recorder. The Postal Service shall pay all costs of recording, except for the State deed tax which shall be paid by the HRA on the ~losing Date. Section 3.7. Use. From the Closing Date through the anniversary date of the Closing date in the year 2016, Postal Service shall devote the Development Property only to postal -5- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" purposes, and there shall be no unlawful discrimination, pursuant to the terms of Section 11.1 herein, in the use of the Development Property. Section 3.8. Power Poles. The power poles located on the development property shall be relocated off the development property at the HRA' s expense before closing. The HRA shall secure disclaimers for lines lying outside of the easement area. ARTICLE IV Construction of Improvements Section 4.1. Construction of Improvements. The Postal Service shall construct the improvements on the Development Property in conformance with the following: (a) The Preliminary Plan. (b) Standards and Requirements contained within the Design/Build solicitation packet, dated February 27, 1995, as amended by document Amendment No. AOl signed April 3, 1995, used by the Postal Service for this project. (c) The design requirements set forth in attached Exhibit G. In compliance with Postal Service policy, the improvements shall be designed and constructed to comply with all state and local building code requirements and national standards. The latest edition of the National Fire Protection Association Life Safety Code (NFPA 101) applies as a minimum design standard, subject to more stringent provisions by state or local codes. If Postal Service requirements are determined to be in conflict with any codes or regulations, the contractor must notify the Postal Service immediately in writing describing the conflict, defining alternatives, and recommending the code or regulations to be applied. The Improvements shall be of similar design and quality as, with use of similar materials used on, the Golden Valley Civic Center located at 7800 Golden Valley Road, Golden Valley, Minnesota. The requirements noted in this paragraph will be followed unless otherwise provided for in the Postal Service Design/Build solicitation package for this project, which the HRA has reviewed. Section 4.2. Commencement and Completion of Construction. The Postal Service shall commence construction of the Improvements promptly after the Closing Date, and shall diligently prosecute construction to completion. The Postal Service shall complete construction of the Improvements by August 1, 1996. The times provided herein for commencement and completion of construction shall also be extended to the extent of any Unavoidable Delays. All work with respect to the Improvements to be constructed or provided by the Postal Service on the Development Property shall be in substantial conformity with the terms of this Agreement. Subsequent t~ execution of this Agreement, and until certification of the Improvements pursuant to Section 4.4, the Postal Service shall make reports to the HRA, in such detail and at such times as may reasonably be requested by the HRA, as to the actual progress with respect to construction of the Improvements. The Postal Service also agrees that designated -6- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" representatives of the HRA may enter upon the Development Property during the construction of the Improvements to inspect such construction. Section 4.3. Certificate of Completion. (a) Promptly after completion of the Improvements in accordance with the provisions of this Agreement, the HRA will furnish the Postal Service with a Certificate of Completion, in substantially the form set forth in Exhibit D attached hereto. Such Certificate of Completion shall be (and it shall be so provided in the Certificate of Completion itself) a conclusive determination of satisfaction and termination of the agreements and covenants in this Agreement with respect to the obligations of the Postal Service to construct the Improvements. (b) If the HRA shall refuse or fail to provide a Certificate of Completion in accordance with the provisions of this Section, the HRA shall, within ten (10) days after written request by the Postal Service, provide the Postal Service with a written statement, indicating in adequate detail.in what respects the Postal Service has failed to complete the Improvements in accordance with the provisions of this Agreement, or is otherwise in default under the terms of this Agreement, and what measures or acts will be necessary, in the opinion of the HRA, for the Postal Service to take or perform in order to obtain such Certificate of Completion. Section 4.4. Reimbursement of HRA Expenses. In the event the closing of the sale of the Development Property by the HRA to the Postal Service pursuant to this Agreement does not occur by June 1, 1995, for any reason other than a default by the HRA as provided in Section 12.1(a), the Postal Service shall reimburse the HRA for the total amount of its out-of-pocket expenses including, but not limited to, surveying costs, engineering costs, attorney fees and other consulting fees, if any, relating to this Agreement or the Development Property in an amount not to exceed $100,000.00.. The HRA's rights under this Section 4.5 shall not limit any other remedy to which it is entitled under this Agreement or at law or equity due to an Event of Default by the Postal Service, except to the extent that the HRA' s damages are reduced by any amounts received under this Section 4.5. ARTICLE V Payment of Utilities Section 5.1. Payment of Utilities. Following Closing Date, the Postal Service shall pay all utilities servicing the Property. -7- Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" . ARTICLE VI Loss\Damage. Section 6.1. Loss\Damage. (a) The Postal Service, at all times during the process of constructing and during subsequent operation of the Improvements, agrees that it shall require any and all contractors to carry a performance bond and agrees to furnish the HRA with a copy of its contractor's casualty insurance coverage for loss and/or damage to the Improvements by such risks as are ordinarily insured against by businesses, including (without limiting the generality of the foregoing) fire, extended coverage, vandalism and malicious mischief, explosion, water damage, demolition cost, debris removal, and collapse for the full replacement cost of the Improvements. The term "full insurable replacement value" shall mean the actual replacement cost of the Improvements and equipment thereon. (b) The Postal S~rvice shall provide a copy of its contractor's certificate of coverage for personal injury and property damage insurance in the following amounts: Bodily Iniury Property Damage . General Liability $1 ,000,000 per person $2,500,000 per accident $250,000 per occurrence $500,000 aggregate Automobile Liability $1 ,000,000 person $2,500,000 per accident $250,000 per occurrence $500,000 aggregate Such certificate of coverage shall name the HRA as an additional insured. Contractors and subcontractors shall be required to obtain Worker's compensation insurance respecting all employees working on the Post Office Project in amounts not less than the minimum required by statute. . (c) In the event the Improvements or any portion thereof is destroyed by fire or other casualty, then the Postal Service shall have the right, within a reasonable time after such damage or destruction, to commence to repair, reconstruct and restore the damaged Improvements to substantially the same or improved condition or utility value as they existed prior to the event causing such damage or destruction. In the event the Postal Service chooses not to rebuild the Improvements, the Postal Service shall give the HRA, the City of Golden Valley or any successor city entity, the first right to purchase the Development Property and the Improvements from the Postal Service at the fair market value less the cost of restoring the Development Property to its condition at the time of closing. . -8- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" ARTICLE VII Undertakings of the HRA Section 7.1. Sale of Development Property. As consideration for the purchase of the Development Property and construction of the Improvements by the Postal Service, the HRA agrees to complete, subject to the provisions of Section 7.2 below, the sale of the Development Property to the Postal Service pursuant to the Deed on the Closing Date. Section 7.2. Limitations on Financial Undertakings of the HRA. The provisions of Section 7.1 of this Agreement notwithstanding, the HRA shall have no obligation to the Postal Service under this Agreement to take any action provided for in this Agreement except upon existence of the following conditions: (a) Postal Service has satisfied all conditions precedent under this Agreement; (b) No Event of pefault has occurred and is then continuing beyond the cure period provided in Section 10.2; (c) The HRA is not the subject of any court or administrative proceeding seeking to enjoin or otherwise prevent the HRA from taking any action under this Agreement. The HRA agrees to notify the Postal Service of the existence of any unresolved court or administrative proceeding. If such proceeding is not resolved within 60 days after notice to the Postal Service, the Postal Service shall have the right to terminate its rights under this Agreement. ARTICLE VIII Proiect Financing Section 8.1. Project Financing. The Postal Service shall pay for the purchase of the Development Property and the construction of the Improvements without mortgage financing. The Postal Service shall adhere to the requirements of the Miller Act (40 D.S.C. 270a, et seq.), in obtaining payment and performance bonds. ARTICLE IX Restrictions on Transfer: Indemnification Section 9.1. Restrictions on Transfer. This Agreement and the Postal Service's interest in the Development Property (or any part thereof) may not be sold, transferred or assigned by the Postal Service without the prior written consent of the HRA, which consent may be granted or withheld by the HRA in its sole discretion, except that the Postal Service shall have the right to convey the Dev~lopment Property to another federal agency or as required by Act of Congress. The Parties agree that the terms and conditions hereof run with the land and shall be binding upon their successors and assigns. -9- Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" . Section 9.2. Indemnification. Subject to the provisions of the Federal Tort Claims Act, 28 U.S.C.A. ~1346(b), the United States Postal Service expressly agrees to save harmless and indemnify the HRA, its officers and employees, from all claims, loss, damage, actions, causes of action, expense, and/or liability resulting from the use of said premises whenever such claim, loss, damage, actions, causes of action, expense, and/or liability arise from the negligent or wrongful act or omission by the United States Postal Service or any employee of the United States Postal Service while acting within the scope of his employment under circumstances where the United States Postal Service, if a private person, would be liable in accordance with the laws of the State of Minnesota. ARTICLE X Events of Default Section 10.1. Events of Default Defined. The following shall be "Events of Default" under this Agreement and the term "Event of Default" shall mean, whenever it is used in this Agreement, anyone or more of t~e following events: (a) Failure by Postal Service to pay the Purchase Price and otherwise perform on the Closing Date. . (b) Subject to Unavoidable Delays, and extensions agreed to by the Parties, failure by the Postal Service to commence and complete construction of the Improvements pursuant to the terms, conditions and limitations of Article IV of this Agreement. (c) Until the anniversary of the Closing Date in the year 2016, failure by the Postal Service to observe or perform any material covenant, condition, obligation or agreement on its part to be observed or performed under this Agreement. Section 10.2. Remedies on Default. Whenever any Event of Default occurs, the HRA may take anyone or more of the following actions (but only if the HRA is not then in default and only after provision of 60 days' written notice which sets forth the nature of the default to the Postal Service in the case of an Event of Default under Section 1O.1(a), (b), (c), or (d), and then only if such an Event of Default has not been cured within said 60 days or, if such an Event of Default cannot be cured within 60 days, the Postal Service does not provide assurances to the HRA reasonably satisfactory to the HRA that such an Event of Default will be cured as soon as reasonably possible and that it will not jeopardize the purposes of this Agreement and of the Plan): (a) The HRA may suspend its performance under the Agreement until it receives assurances from the Postal Service, deemed adequate by theHRA, that the Postal Service will cure its default and continue its performance under the Agreement. . '. (b) If the Event of Default occurs prior to the Closing Date, the HRA may cancel and rescind the Agreement. -10- Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" . (c) If the Event of Default occurs after Closing Date but prior to issuance of the Certificate of Completion, the HRA may reenter and take possession of the Development Property, revest title to the Development Property in the HRA, and exclude the Postal Service from possession of the Development Property. The HRA shall thereupon use its best efforts and act in good faith to sell the Development Property at the best price obtainable (provided such sale is permitted by applicable law), such sale to be on such terms and conditions as the HRA deems reasonable and appropriate to satisfy the provisions of the Plan. The HRA shall apply the proceeds of such sale first to reimburse the HRA for all costs and expenses incurred by the HRA including but not limited to demolition and site clearance, taxes, assessments, utility charges, payments made to discharge any encumbrances or liens, reasonable attorneys' fees and expenses; second to reimburse the Postal Service in an amount equal to the Purchase Price plus other reasonable acquisition and construction costs incurred by the Postal Service in connection with the Post Office Project including architects' and engineers' expenses; and the balance to be retained by the HRA. (d) The HRA may initiate such action, including legal or administrative action, as is necessary for the HRA to secure performance of any provision of this Agreement or recover any amounts due under this Agreement from the Postal Service. (e) Sue for damages. . Section 10.3. No Remedy Exclusive. No remedy herein conferred upon or reserved to the HRA is intended to be exclusive of any other available remedy or remedies, but each and every such remedy shall be cumulative and shall be in addition to every other remedy given under this Agreement or now or hereafter existing at law or in equity or by statute. No delay or omission to exercise any right or power accruing upon any default shall impair any such right or power or shall be construed to be a waiver thereof, but any such right and power may be exercised from time to time and as often as may be deemed expedient. Section 10.4. No Additional Waiver Implied by One Waiver. In the event any agreement contained in this Agreement should be breached by any Party and thereafter waived by any other Party, such waiver shall be limited to the particular breach so waived and shall not be deemed to waive any other concurrent, previous or subsequent breach hereunder. ARTICLE XI Additional Provisions . Section 11.1. Equal Employment Opportunity. The Postal Service acknowledges that it is subject to the Civil Rights Act of 1991, Pub.L.No. 102-166, 105 Stat. 1071 (1991) which prohibits all discrimination in employment based upon race, color, national origin, sex, religion, or reprisal, the Rehabilitation Act, 29 D.S.C. ~~ 791, et ~., which prohibits all discrimination in employment based. upon handicap, and the Age Discrimination in Employment Act, 29 D.S.C. ~~ 621 et ~., which prohibits all discrimination in employment based upon age. These restrictions apply under Executive Order 11246 to all persons with whom the Postal Service has -11- Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" . contracts and to those who hold sub-contracts or are suppliers under said Postal Service contracts. The Postal Service Procurement Manual is applicable to all covered procurement activities. 39 C.F.R. ~ 601.101. The Procurement Manual applies to the procurement of property and services. Id., at Section 601.102(a). Construction contracts are required to include the following clauses: 1. 10-1 Participation of Small and Minority-Owned Businesses (1987) 2. 10-2 Small and Minority-Owned Business Subcontracting Requirements (1987) 3. 10-9 Executive Order 11246 - Equal Opportunity (October 1987) 4. 10-10 Affirmative Action Compliance Requirements for Construction (October 1987) 5. 10-11 Equal Opportunity Preaward Clearance of Subcontracts (October 1987) 6. 10-15 Affirmative Action for Handicapped Workers (October 1987) 7. 10-16 Affirmative Action for Disabled Veterans and Veterans of the Vietnam Era (October 1987) Section 11.2. Titles of Articles and Sections. Any titles of the several parts, Articles and Sections of the Agreement are inserted for convenience of reference only and shall be disregarded in construing or interpreting any of its provisions. . Section 11.3. Notices and Demands. Except as otherwise expressly provided in this Agreement, a notice, demand or other communication under the Agreement by either party to the other shall be sufficiently given or delivered if it is in writing dispatched by registered or certified mail, postage prepaid, return receipt requested, or delivered personally; and, (a) in the case of the Postal Service, is addressed to or delivered personally to Facilities Services Office, Attention Contracting Officer, United States Postal Service, 6800 West 68th Street, Suite 100, Overland Park, Kansas 66202-4171; and (b) in the case of the HRA, is addressed to or delivered personally to the HRA to Housing and Redevelopment Authority In and For the City of Golden Valley, 7800 Golden Valley Road, Golden Valley, Minnesota 55428, Attention: Director, with copies to Allen D. Barnard, Best & Flanagan, 4000 First Bank Place, 601 Second Avenue South, Minneapolis, Minnesota 55402-4331. or at such other address with respect to either such Party as that Party may, from time to time, designate in writing and forward to the other as provided in this Section. Section 11.4. Counterparts. This Agreement may be executed in any number of counterparts, each of which shall constitute one and the same instrument. . Section 11.5.. Interpretation and Amendment. This Agreement shall be governed by and construed in accordance with federal law . This Agreement constitutes the entire agreement of the Parties on the subject matter hereof, superseding any prior oral or written agreements. This Agreement can be modified only by a writing signed by both Parties. -12- Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" . Section 11.6. Severability. In the event any provision of this Agreement shall be held invalid or unenforceable by any court of competent jurisdiction, such holding shall not invalidate or render unenforceable any other provisions hereof. Section 11.7. Duration. This Agreement shall be effective as of the date hereof and shall continue in full force and effect until the anniversary of the Closing Date in the year 2016. This Agreement shall survive the Closing Date and the HRA's delivery of any Deed to the Postal Service. Section 11.8. Binding Effect. Subject to the provisions of Article IX, this Agreement is binding upon the parties, and shall inure to the benefit of, the successors and assigns of the Parties and the parties represent that the representations herein are true and the terms shall survive the Closing Date. Section 11.9. Consents. Any consent or approval required of a Party under this Agreement shall not be unreasonably withheld or delayed. Section 11.10. Certificates. Upon reasonable request from time to time, the HRA shall execute and deliver written certificates to parties designated by the Postal Service concerning whether the Agreement is in effect, whether any defaults exist under the Agreement and other similar matters. . Section 11.11. Additional Parking. The HRA shall provide the Postal Service with up to 31 additional employee parking spaces within two blocks of the Post Office Site if such parking becomes reasonably necessary as a result of expansion of the building. The Postal Service shall pay fair market rental for such spaces. This obligation to provide additional employee parking shall terminate on the anniversary date of closing in year 2016. ARTICLE XII Termination of Agreement Section 12.1. Postal Service's Options to Terminate. This Agreement may be terminated by the Postal Service by written notice to the HRA if the Postal Service is in compliance with all material terms of this Agreement and no Event of Default by Postal Service is then existing; and . (a) Subject to Section 7.2, the HRA fails to comply with any material term of this Agreement, and, after written notice by the Postal Service of such failure, the HRA has failed to cure such non-compliance within 60 days of receipt of such notice, or, if such non-compliance cannot reasonably be cured by the HRA within 60 days, the HRA has not, within 60 days of receipt of such notice, provided assurances, reasonably satisfactory to the Postal Service, that such non-compliance will be cured as soon as reasonably p~ssible; (b) Closing has not occurred by July 1, 1995, unless extended by the Parties; -13- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" (c) If the Postal Service's title objections are not waived by the Postal Service or cured by the HRA pursuant to Section 3.1; (d) Subject to Section 2.2(g), if the Postal Service does not receive prior to the Closing Date all approvals and consents from governmental authorities which are reasonably required for construction and use of the Improvements. In the event of a default by the HRA prior to the Closing Date which is caused by the HRA's failure to pay any amount which it is required to pay under this Agreement, the Postal Service, in lieu of terminating this Agreement, may pay such amount on behalf of the HRA and reduce the Purchase Price. Section 12.2. Effect of Termination. Except as provided in Sections 4.5 and 9.2, if this Agreement is terminated pursuant to this Article XII, this Agreement shall be from such date forward null and void and of no further effect; provided, however, that termination of this Agreement pursuant to this Article XII shall not affect the rights of the Postal Service to institute any action, claim or demand for damages suffered as a result of breach or default of the terms of this Agreement by the HRA. IN WITNESS WHEREOF, the HRA has caused this Agreement to be duly executed in its name and behalf and its seal to be hereunto duly affixed and the Postal Service has caused this Agreement to be duly executed in its name and behalf, on or as of the date first above written. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN V ALLEY ~~A~ By.. ;d . . ~l_____ Its c/~........ THE UNITED STATES POSTAL SERVICE By ~d'~ ;) ffi Its (I'JAJTRAC"/IJ./t; 71Ct:=/E! -14- . . . Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this q1~ay of /Jla'f ,1995, bylliu,d 1-1 yAom fJ){)J, a c:./1CIIV of THE H~G AND REDEVELOPMENT ..{UTHORlTY IN AND FOR THE CITY OF GOLDEN V ALLEY, on behalf of the organization. . . JUDITH A. NALLY , NOTARY PUBLIC- WI HHE80TA HENNEPIN COUNTY ~ CoHIIIIoI &Iiht.... 31, 2000 . ) ) SS. ) STATE OF X~\('tJ. 1 ,CO 0 < i h - > COUNTY OF -":-r,ln\\,o,(".j '\ 'Jt::LW- ().,-,!It:d4- N~ Public \ \_!he foregoing instrument was acknowledge~ befo,re me this h-+i\ day of \l\d') , 1995, by "r\1 (', ("() f\~)\\'2\ ~ a (''''\\;\(1"\-;-",,. \)'-\-,( (\ of THE UNITED STATES POSTAL SERVICE, an independent establishment of t~e executive branch of the Government of the United States on its behalf. {CAROl: t. POWELl. NOTARY flUBf.te ST~.Tf OF KANSAS My ^""o'"tment hp:rp.s...J V~8,S, DRAFTED BY: Best & Flanagan (AD B) 4000 First Bank Building 601 Second A venue South Minneapolis, Minnesota 55402-4331 f\ ..~ ~" {J , ~ \---- .",' " ". C\:~ ~ c(' CA 0 , a l '~> \ \, Notary Public - -15- . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" EXHIBIT A LEGAL DESCRIPTION Legal Description Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota A-I Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" . EXHIBIT B GRANT OF ACCESS EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, The Housing and Redevelopment Authority in and for the City of Golden Valley, a public body corporate established and existing under Minnesota Statutes, Section 469.00 1, et. ~., with its principal offices at 7800 Golden Valley Road, Golden Valley, Minnesota 55427, Grantor, as owner of the property described on Exhibit B-A as Parcel I, for and in consideration of the purchase of Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota, hereinafter Parcel 2, from Grantor and the sum of One Dollar in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby convey unto the United States Postal Service, an independent establishment of the executive branch of the government of the United States, of Washington, D.C., the Grantee, a nonexclusive easement for access to be shared only with other property owners in Block I, Valley Square 6th Addition, being the right of ingress to and egress from said Parcel 2, over and across the property described as Parcell. This easement is to provide the Grantee access between Parcel 2 and Golden Valley Road and Rhode Island Avenue. . This easement and the covenants herein are given to the Postal Service to induce it to purchase Parcel 2. The easement area shall be improved with a driveway to be built in accordance with the Driveway Construction Specifications in the attached Exhibit B-B. The section of driveway shown as solid on the attached Exhibit B-C shall be completed by December 31, 1995 and the section crosshatched on Exhibit B-C shall be completed as a permanent driveway by December 31, 1997. A temporary paved driveway shall provide access to the west garage access until the permanent driveway is completed. All future maintenance of this driveway including repairs and rebuilding of this street, as well as snowplowing, shall be the sole responsibility of the Grantor and its successors and assigns. The requirements for snowplowing and maintenance are set forth on Exhibits B-D and B-E respectively. In the event of a transfer, assignment or sale of said Parcell, the Grantor shall be personally liable as a Guarantor for the performance of the covenants in this easement. It is understood the Grantor intends to convey Parcel 1 to one or more of the purchasers of property on the block and the HRA shall assign its obligation hereunder to such ot~er purchasers but shall remain liable to the Postal Service as Guarantor. . If the Grantor or its successors and assigns fails to discharge the maintenance responsibility imposed by the covenant in this easement, the Postal Service, after 30 days notice, shall have the right to perform the maintenance at the cost of the Grantor. In the event the Grantee performs such maintenance which the Grantor has failed to make after notice, the Grantee may sue at law to collect the debt. If snowplowing is not completed as specified in Exhibit B-D, Grantee shall have the right to perform the snowplowing, to bill the Grantor or its successors and assigns, and if not paid within 30 days, to sue at law to collect the debt. The rights of the parties!tereto shall be determined by the application of federal law. B-1 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" -- The Postal Service hereby grants to the HRA a 10' temporary construction easement over, across and under all that portion of Lot 2, Block 1, Valley Square 6th Addition adjoining Parcel 1 to December 31, 1997. of IN TESTIMONY WHEREOF the Grantor has executed this conveyance this , 1995. day HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN V ALLEY By Its And Its UNITED STATES POSTAL SERVICE By Its And Its STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 1995 by and the and of the Housing and Redevelopment Authority in and for the City of Golden Valley, a municipal corporation, on behalf of the corporation. Notary Public B-2 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" STATE OF ) ) ss. ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1995 by and , the and of the United States Postal Service, an independent establishment of the Executive Branch of the government of the United States, on behalf of the government. Notary Public DRAFTED BY: Best & Flanagan (ADB) 4000 First Bank Place 601 Second Avenue South Minneapolis, Minnesota 55402 B-3 . . . Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" Exhibit B - A PARCEL 1 A perpetual easement for driveway purposes over and across that part of Lot 1, Block 1, Valley Square 6th Addition lying easterly and northerly of the following described line: Commencing at the most northerly corner of Lot 1, Block 1, Valley Square 6th Addition as recorded; thence southwesterly along the South right-of-way of Golden Valley Road a distance of 36 feet to the actual point of beginning of said line; thence southeasterly perpendicular to said South right-of-way a distance of 29.78 feet; thence deflecting to the right 45 degrees, 49 minutes, 25 seconds, a distance of 119.560 feet; thence deflecting to the left 27 degrees, 0 minutes, 44 seconds a distance of 108.66 feet; thence deflecting to the left 15 degrees, 51 minutes, 27 seconds to the intersection with a line parallel with and 30.00 feet South of the South line of Lot 2, Block 1, Valley Square 6th Addition thence easterly along said parallel line to its intersection with the West right-of-way line of Rhode Island and there terminating. B-4 . . . Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" Exhibit B - B nRIVEW A Y CONSTRUCTION SPECIFICATIONS The driveway design shall be a 30.0' face to face minimum gravel equivalency of 21.0" with a R value of 10 as defined in the Minnesota Department of Transportation Road Design Manual, Chapter 7, more specifically Section 7-5.03.03 with concrete curb and gutter of a type similar to that currently installed throughout the City. B-5 Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" Exhibit 8 - C . DRIVEWAY CONSTRUCTION STAGING . :;O'~I '=r.- .: RQ<.? ~'J .) c= ~~ 'C I ~ 0 " . ~ GRAPHIC SC4I.E h......-Lt...;,. :- (--, I~.."'" ~ ~ i ~ ~~ _........,.. //~::~..~ ,... \, '-,' "~.:;;..;(V' c ~~7; \ ".'J :( ~ La T ~ 3 125.018 Sq. Ft~ 2.870 Acres :.:Q~~A.~I?-..""''' <"1 """ ,-".ur} :JR/~[- c:.. ~ i .~./. - . .: POST C>'>1CE SITE B L 0 C K LJ :) C: :~ 'C -----= La T 339.324 Sq. Ft. 7.790 Acres I i ~ ~. c' .~ ~1 .. , I ~ LJ c. C) ~ . 6-6 . . . Resolution 95-4 - Continued "EXHIBIT A" Exhibit B - D SNOWPLOWING SPECIFICATIONS FOR DRIVEWAY May 9,1995 The driveway shall be plowed by no later than 8:00 a.m. for any snowfall of 3" or greater. B-7 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" Exhibit B - E GENERAL MAINTENANCE SPECIFICATIONS l<"'OR DRIVEWAY Minor Repair: Curb and Gutter shall be repaired and replaced as necessary at a maximum period of every 6 years prior to seal coats or overlays for settlements of 2" or greater and for broken or damaged sections. Patching shall be accomplished at least once each year, as necessary, for potholes and alligator cracking. Crack sealing shall occur at least once every other year as necessary for cracks of 3/8" or wider utilizing a router, air compressor to clean and dry crack, and either natural or synthetic rubber or crumb rubber sealant material. Maior Repair: 2" overlay of MnDOT spec. 2341 wear course shall be applied every 20 years. Roadway shall be milled as necessary to avoid high crowns and overlaying the gutter section. Chip seal shall be applied every 6 years utilizing a granite chip and CRS in accordance with MnDOT spec. 2356. Catch Basin Cleanine: Catch basins in the drive shall be cleaned at least once each year but as necessary to insure surface water drains from the drive. Street Sweepine: The driveway shall be swept as necessary and at a minimum of two times each year (once in the spring to remove sand, and once in the fall to remove leaves). adb\164l7.agr B-8 Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" -- . EXHIBIT C GRANT OF TEMPORARY DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, the Housing and Redevelopment Authority in and for the City of Golden Valley, a public body corporate established and existing under Minnesota Statutes, section 469.001, et seq., with its principal offices at 7800 Golden Valley Road, Golden Valley, Minnesota 55427, Grantor, as owner of the property described on Exhibit C-A as Parcell, for and in consideration of the purchase of Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota, hereinafter Parcel 2, from Grantor in the sum of One Dollar in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby convey unto the United States Postal Service, an independent establishment of the Executive Branch of the government of the United States, of Washington, D.C., the Grantee, a non-exclusive temporary easement over Parcell for temporary drainage purposes for the benefit of Lot 2, Block 1, Valley Square 6th Addition, until Grantor records a non-exclusive permanent drainage easement for the benefit of Grantee and other owners of property within Valley Square 6th Addition. It is understood that the permanent drainage easement will not be conveyed by the HRA to the Postal Service until such time as the HRA has constructed a permanent drainage pond and provided for connection to Parcel 2. The drainage pond will be constructed in accordance with the requirements of the Bassett Creek Watershed . District and will have sufficient capacity to handle a 50 year storm. This easement and the covenants herein are given to the Postal Service to induce it to purchase Parcel 2. The HRA shall provide for maintenance of the drainage pond. The permanent drainage easement shall be conveyed in the form attached as Exhibit C-I. IN TESTIMONEY WHEREOF the Grantor has executed this conveyance this _ day of , 19_. HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY By David A. Thompson, Its Chair And William S. Joynes, Its Director . C-l . . . Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instmment was acknowledged before me this _ day of , 1995 by David A. Thompson and William S. Joynes, the Chair and Director of the Housing and Redevelopment Authority in and for the City of Golden Valley, a municipal corporation, on behalf of the corporation. Notary Public DRAFTED BY: Best & Flanagan (ADB) 4000 First Bank Place 601 Second Avenue South Minneapolis, Minnesota 55402 C-2 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" Exhibit C-A PARCEL 1 Temporary drainage and utility easement over the North 250 feet of the East 323 feet of Lot 1, Block 1, Valley Square 6th Addition, City of Golden Valley, Hennepin County, Minnesota. C-3 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" Exhibit C-l GRANT OF PERMANENT DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, the Housing and Redevelopment Authority in and for the City of Golden Valley, a public body corporate established and existing under Minnesota Statutes, section 469.001, et seq., with its principal offices at 7800 Golden Valley Road, Golden Valley, Minnesota 55427, Grantor, as owner of the property described on Exhibit C-2 as Parcell, for and in consideration of the purchase of Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota, hereinafter Parcel 2, from Grantor in the sum of One Dollar in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby convey unto the United States Postal Service, an independent establishment of the Executive Branch of the government of the United States, of Washington, D.C., the Grantee, a non-exclusive permanent easement over Parcell for drainage purposes for the benefit of Lot 2, Block 1, Valley Square 6th Addition. The HRA shall provide for maintenance of the drainage pond. of IN TESTIMONEY WHEREOF the Grantor has executed this conveyance this 19 . day HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY By David A. Thompson, Its Chair And William S. Joynes, Its Director STATE OF MINNESOTA ) ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of , 1995 by David A. Thompson and William S. Joynes, the Chair and Director of the Housing and Redevelopment Authority in and for the City of Golden Valley, a municipal corporation, on behalf of the corporation. Notary Public C-4 . . . Resolution 95-4 - Continued DRAFTED BY: Best & Flanagan (ADB) 4000 First Bank Place 601 Second A venue South Minneapolis, Minnesota 55402 May 9,1995 "EXHIBIT A" C-5 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" -. EXHIBIT D CERTIFICA TE OF COMPLETION THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY, a public body corporate (the "HRA"), and The UNITED STATES POSTAL SERVICE, a United States Federal Governmental Agency ("Postal Service"), previously entered into a Development Agreement (the "Agreement"), recorded in the Office of the County Recorder in and for the County of Hennepin and State of Minnesota, as Document Number , for the following described property: Article IV of the Agreement contains certain covenants which, if not performed by Postal Service, or its successors and assigns, would result in a forfeiture and right of re-entry by the HRA, its successors and assigns. As of the date hereof, Postal Service has performed all of such covenants contained in Article IV of the Agreement to the satisfaction of the HRA. NOW, THEREFORE, it is hereby certified that all building construction and other physical improvements specified to be completed by Postal Service have been so completed and all of the covenants in Article IV of the Agreement have been duly and fully performed by Postal Service and that the provisions for forfeiture of title and right to re-entry by the HRA for breach of such covenants, and the escrow agreement securing performance thereof, are hereby released absolutely and forever insofar as they apply to the property described above, and the County Recorder in and for the County of Hennepin and State of Minnesota is hereby authorized to accept for recording and to record the filing of this instrument, to be a conclusive determination of the satisfactory termination of the covenants of Article IV of the Agreement, the breach of which would result in a forfeiture and right of re-entry. Notwithstanding the foregoing, the remaining covenants contained in the Agreement remain in full force and effect. D-I . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" -. THE HOUSING AND REDEVELOPMENT A UTHORITY IN AND FOR THE CITY OF GOLDEN V ALLEY By Its And Its STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN) The foregoing instrument was acknowledged before me this _ day of 19_, by and , respectively the and of The Housing and Redevelopment Authority in and for the City of Golden Valley, on behalf of the Authority. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Best & Flanagan (AD B) 4000 First Bank Building 601 Second Avenue South Minneapolis, Minnesota 55402-4331 ". D-2 LO 0) 0) T"'" 0) >. m :E ~ ~ <( en I- Z ~ ~ ...J J Q. > ..c:: a: x ~ w Z "'0 - Q) ~ ::J C ...J :;::; W c a: 0 u Q. I ..q- I LO 0) C 0 :;::; ::J 0 en Q) c::: GENERAL SITE NOIES: I OCS!c.:N BUIlD CCldJuCtOlt >>tAU. 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Tt.'Ql.HAI'Hl' "IW'UlwtH~ I~ II ~ 11h-n ~_LLL LLLO~__ I I I I ~ c=____~-=-:~: REWIRE-UENTS ~~fft ~_u _ _ _ ~ .- . ;u J: o o fT1 Vl r ~ Z o ~ < .. - -~ fT1 Z -. C ::-..: .~. fT1 o o ~."...~~.- - ..~, " =~\ -- -..-'--.-.- ..,.. .., :::;:, u~ -'<a-__ o c"",!~.",,,_ 0tllL"1!%SC!...ot 2 IlONUIlENI SIGN PEHSPECn'IES IUS. rE~ -- ,-- ----....,..'~._..... _c.__ .1.' - -: :-: ;:...~ ~-:.-.;::' '~-' - _ - _'~.r~.. ,. ... -...........--.... -.,....-..... /~-r_ '. ~_-==- ::!"V~~~.:r.:t f ~. - -- ~~:;;::,,;o.:....~':... ---.-- n~' . = ;:_-=~;:,;-.:..":"- . . ---""-"'- _ ,-101._51. o . :==..-::;::..--~--_.._.. . :::.~....:..-_.._....._.._~- IlONUIlENT SIGN SEcnON ....T. 4 /~~. _ r.._. . t _ 0- _ _...... ..t::: . --_....., 'ff ,,,., '0,. ""-, l~-.:- -~ --. ~-' , ~-=s-"~.~ \~ ~ :.~~'~ IlONUUENT SIGN DETAILS . ., ,----- ---- - ---""'- ---- -- -- ---I _ ~-:~'j'_-:--- OJ - - ~ --~ ~ r il ~ L------- , ;: ~ 'NIrEID SrA7fES , _ ~ /POST OfFfFlCE _--.1 Golden Veney MN 65427 .." ..1.......'''''"..OIOoQ.......... ~ 1lII___..'" ....1lCoC.>.,"_... ~ "~-'OQ 5 IlONUUENT SIGN r Act: ICAU: "I~ . . RAffERTY RAffERTY TOLLEfSON ^RCHITECT~ JNtAI'flUl"'~l ='':''~.~:':'': C'OInfJI.FAIfn. ===c- -.-- -.- - W u jtt ,~ ii, ~ ~ I I!i ~ ~j t/) I 63 f- Z :J ~ _"II ,rAm ~ . CERlYCATOt ~ - - o.IOL 1- --~ - - I 'ffi" I 2 DB I~le 1.0 Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" . EXHIBIT F LIMITED WARRANTY DEED FOR VALUABLE CONSIDERATION, THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN VALLEY, a public body corporate created pursuant to Minnesota Statutes, Section 469.001 et ~. ("Grantor"), hereby grants, bargains and conveys to , a ("Grantee"), real property in Hennepin County, Minnesota, described as follows (the "Property"): together with all hereditaments and appurtenances belonging thereto. Grantor, for itself and its successors and assigns, hereby covenants with Grantee and its successors and assigns, that it has not made, done, executed, or suffered any act or thing whatsoever whereby the Property, or any part thereof, now or at any time hereafter, shall or may be imperiled, charged or encumbered in any manner whatsoever, except for any covenants, conditions, or restrictions contained in the Valley Square Redevelopment Plan adopted by Grantor in 1978, as amended (the "Plan"), and any covenants, conditions, or restrictions contained in the Development Agreement dated _ . ' 1994, between Grantor and Grantee or Grantee's assignor (the "Agreement"). Provided: 1. It is understood and agreed that this Deed is subject to the covenants, conditions, restrictions and provisions of the Agreement, and that, prior to May 31, 2016 , Grantee shall not sell, transfer, mortgage or otherwise convey the Property, or any part thereof or interest therein, except as permitted by the Agreement. Grantee hereby covenants and agrees to begin and diligently prosecute to completion the development of the Property at such times and as otherwise provided in the Agreement. Promptly after completion of the Improvements (as defined in the Agreement) in accordance with the Agreement, Grantor will furnish Grantee with a Certificate of Completion, as provided in the Agreement, which shall be the conclusive determination of satisfaction and termination of the agreements and covenants in and pursuant to the Agreement with respect to the obligations of Grantee to construct the Improvements, and the dates for the commencement and completion thereof. 2. If an "Event of Default" by Grantee, as defined in Section 10.1 of the Agreement, which is not cured within the period provided in Section 10.2 of the Agreement, exists prior to the recording of the Certificate of Completion, then Grantor shall have the right to re-enter and take possession of the Property and to terminate and revest in Grantor the estate conveyed by . this Deed to Grantee, as specified in the Agreement. F-l . . . Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" 3. Grantee hereby agrees to devote the Property to only such llses as are permitted under the Agreement. 2016. The parties agree that the covenants contained in this Section shall terminate on May 31, 4. There shall be no discrimination in the use of the Property by Grantee on account of race, color, religion, sex, age, national origin, political affiliation, or sexual preference during the period that the Plan remains in effect. The parties agree that all of the covenants and restrictions contained in this Deed shall be binding upon Grantee, its successors and assigns, for the maximum benefit of Grantor, its successors and assigns, and shall also be deemed to run with the land. Grantor certifies that it is not aware of any wells on the above-described property. IN WITNESS WHEREOF, Grantor has caused this Deed to be duly executed on its behalf by its duly authorized representatives this _ day of , 1994. THE HOUSING AND REDEVELOPMENT AUTHORITY IN AND FOR THE CITY OF GOLDEN V ALLEY By David A. Thompson Its Chair By William S. Joynes Its Director F-2 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" STATE OF MINNESOTA ) ) SS. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this _ day of , 1994, by David A. Thompson and William S. Joynes, respectively the Chair and Director of The Housing and Redevelopment Authority in and for the City of Golden Valley, on behalf of the Authority. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Best & Flanagan (ADB) 4000 First Bank Building 601 Second Avenue South Minneapolis, Minnesota 55402-4331 F-3 . . . Resolution 95-4 - Continued May 9,1995 "EXHIBIT A" EXHIBIT G DESIGN REQUIREMENTS It is the City of Golden Valley's intent that the architecture of the proposed Post Office shall be consistent with, and compatible to, the architecture of the adjacent City Hall and Police Station so as to form a unified civic campus. The landscaping shall be compatible with surrounding properties and the adjacent streetscape. Temporary ponding shall be provided. Towards this end, the following design development guidelines are to be incorporated into all design/build designs, and Guaranteed Maximum Price proposals submitted for consideration under this solicitation. Architectural Materials and Fonns Use of matching brick, white stucco, bronze finished standing seam metal, bronze finished window framing/trim, and bronze tinted glazing as on the Public Safety building is required. Arched forms reminiscent of those in the municipal complex shall be utilized. Wall surfaces shall be articulated and softened with landscaping materials. Long unbroken planes are discouraged. The Post Office will be prominently visible on all sides. High quality architectural materials consistent with those used on the Golden Valley Road frontage are required on all elevations. Rooftop mechanical equipment shall be integrated into the structure or screened with materials consistent with those used elsewhere on adjacent/nearby comparable government and commercial buildings (those visible from the subject site). Truck loading dock functions shall be screened to the highest degree possible. Landscapin~ Landscaping shall be consistent in intensity, size, and species to the landscaping associated with the improvements on Winnetka A venue and Golden Valley Road and with the landscaping at the adjacent municipal complex, and shall follow the attached Plan prepared by Damon Farber Associates, as Project #95-103, as revised 2-14-95. Interior sideWalks and walkways shall link with proposed City sidewalks on all sides of the building. Rough grading on the south side of the property shall provide for a 6 ft. sidewalk at approximately a 900 ft. elevation. G-l . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" Retainim! Walls Should retaining walls be required to accomplish the grading on the site, long unbroken planes in excess of 40'0" long are unacceptable. Retaining walls shall be faced with a matching brick or other similar aesthetically acceptable materials consistent with the finishes utilized on the rest of the project and neighborhood. Cast in place concrete is not permitted. Retaining walls shall be articulated by form no less than every forty feet in length, and/or softened with landscaping materials. Articulation is a vertical element protruding not less than six inches from the face of the wall. Temporary Pondin2 Temporary ponding, including a berm with top soil and vegetation and an emergency overflow with rip-rap for erosion control shall be constructed on a temporary utility easement provided by the Housing and Redevelopment Authority on land south of the Post Office property. The ponding shall be designed as an infiltration basin with capacity for 50 year, 24-hour storm event and shall be located to allow for the construction of a 30 foot service drive on the north side of the easement. The Design/Build Construction (DBC) shall design and construct this temporary ponding to the minimum requirements necessary to accommodate the above stated capacity and intent of use per the governing Watershed Districts requirements. It will be the DBC's responsibility to coordinate this design and construction with the City of Golden Valley, MN, and the governing Watershed District. 16613.doc\90\480136 G-2 . . . Resolution 95-4 - Continued May 9, 1995 "EXHIBIT A" EXHIBIT H GRANT OF SIDEWALK EASEMENT KNOW ALL MEN BY THESE PRESENTS, that the undersigned, The United States Postal Service, an independent establishment of the executive branch of the government of the United States, with its offices as 6800 West 68th Street, Suite 100, Overland Park, Kansas 66202-4171 ("Postal Service"), Grantor, as owner of Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota, Parcell, for and in consideration of the purchase of Parcell, from Grantee and the sum of One Dollar in hand paid, the receipt and sufficiency of which is hereby acknowledged, does hereby convey unto The Housing and Redevelopment Authority in and for the City of Golden Valley, a public body corporate established and existing under Minnesota Statutes, Section 469.001, et seq, with its principal offices at 7800 Golden Valley Road, Golden Valley, Minnesota 55427, Grantee, an easement for public sidewalk purposes over and across the southerly 6.0 feet of Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota. IN TESTIMONY WHEREOF the Grantor has executed this conveyance this _ day of , 1995. UNITED STATES POSTAL SERVICE By Its And Its STATE OF ) ) ss. ) COUNTY OF The foregoing instrument was acknowledged before me this _ day of , 1995 by and , the and of the United States Postal Service, an independent establishment of the Executive Branch of the government of the United States, on behalf of the government. DRAFTED BY: Best & Flanagan (ADB) 4000 First Bank Place 601 Second A venue South Minneapolis, Minnesota 55402 Notary Public H-l "esolutlon 95-4 - Continued . "EXHIBIT B" May 9, 1995 LEGAL DESCRIPTION Legal Description Lot 2, Block 1, Valley Square 6th Addition, Hennepin County, Minnesota . .