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HomeMy WebLinkAbout2024-03-14 HRA Regular Meeting PacketAg enda E dina H ousing and R edevelopm ent Author ity City of E dina, Minnesota City Council Chambers Thur sday, March 14, 2024 7:30 AM Watch the m eeting on cable TV or at EdinaMN.gov/LiveMeeting s or Facebook.com /EdinaMN. Par ticipate in Com m unity Com m ent: Call 312-535-8110 Enter access code 2632 169 8004 Password is 5454 Press *3 on your telephone keypad when you would like to g et in the queue to speak A sta6 m em ber will unmute you when it is your turn I.Call to Ord er II.Roll Call III.Pledge of Allegia n ce IV.Ap p roval of Meetin g Agen d a V.Com m unity Com m en t Du ring "Com m unity Com m en t," th e Edin a Housing and Redevelop m ent Au thority (HRA) will in vite resid ents to sh are new issues or con cern s tha t h aven't been con sid ered in th e p ast 30 da y s b y th e HRA or w h ich a ren't slated for fu ture consideration . Individ u als m u st lim it their com m ents to three m inutes. Th e Ch air m a y lim it the num ber of sp ea kers on th e sa m e issue in th e interest of tim e a n d topic. Gen era lly sp ea king, item s tha t are elsewhere on tod ay's a genda m a y not b e addressed d u ring Com m unity Com m en t. In d ividua ls sh ould not expect th e Ch air or Com m issioners to resp ond to th eir com m en ts toda y . Instead the Com m issioners m ight refer the m atter to sta. for consideration a t a fu ture m eeting. A.E xecu tive Director's Resp onse to Com m u n ity Com m ents VI.Ad option of Con sen t Agenda All a genda item s listed on the consent a genda a re con sid ered rou tin e and will be en acted by one m otion. There will be no sepa rate d iscussion of such item s unless requested to be rem oved from the Con sen t Agenda by a Com m ission er of the HRA. In su ch ca ses the item w ill b e rem oved from th e Consent Agen d a and con sid ered im m ediately follow ing the a d option of th e Consent Agen d a. (Fa vorable rollcall vote of m a jority of Com m issioners p resent to approve.) A.Dra ft Min u tes of Regular Meeting on Februa ry 15, 2024 B.Req u est for Purch ase: E NG 24-5 50th Street and Grange Road Im provem ents VII.Reports/Recom m enda tions: (Favora b le vote of m ajority of Com m ission ers p resent to approve excep t where n oted) A.MOTION TO CLOSE SE SSION: as perm itted by MS. 13D.05 su b d ivision 3 to discu ss th e p otentia l Sale of Rea l Prop erty located at 5146 Eden Avenue. B.Motion to m ove b ack in to op en session . VIII.Executive Director's Com m ents IX.HRA Com m issioners' Com m en ts X.Ad jou rn m ent Th e E d ina Housing a n d Redevelop m ent Au thority wa n ts all pa rticip ants to be com fortable b ein g pa rt of th e p u b lic p rocess. If y ou n ee d a ssista n ce in the w a y of h ea ring am pli?ca tion, a n in terp reter, large-p rint docum en ts or som ethin g else, p lease ca ll 952-927-8861 72 hou rs in advance of the m eeting. Date: Marc h 14, 2024 Agenda Item #: V.A. To:C hair & C ommis s ioners of the Edina HR A Item Type: F rom: Item Activity: Subject:Exec utive Director's R espons e to C ommunity C omments Edina Housing and Redevelopment Authority Established 1974 C ITY O F E D IN A HO US I NG & R EDEVELO P MENT AUT HO R I T Y 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: I N TR O D U C TI O N: Date: Marc h 14, 2024 Agenda Item #: VI.A. To:C hair & C ommis s ioners of the Edina HR A Item Type: Minutes F rom:Liz O ls on, P lanning Adminis trative S upport S pec ialis t Item Activity: Subject:Draft Minutes of R egular Meeting on F ebruary 15, 2024 Action Edina Housing and Redevelopment Authority Established 1974 C ITY O F E D IN A HO US I NG & R EDEVELO P MENT AUT HO R I T Y 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve the draft minutes of regular meeting on February 15, 2024. I N TR O D U C TI O N: AT TAC HME N T S: Description Draft Minutes of Regular Meeting on February 15, 2024 Page 1  MINUTES OF THE REGULAR MEETING OF THE EDINA HOUSING AND REDEVELOPMENT AUTHORITY FEBRUARY 15, 2024 7:30 AM I. CALL TO ORDER Vice Chair Jackson called the meeting to order at 7:34 a.m. then explained the processes created for public comment. II. ROLLCALL Answering rollcall were Vice Chair Jackson, Commissioners Agnew, Pierce, and Risser. Absent: Chair Hovland. III. PLEDGE OF ALLEGIANCE IV. MEETING AGENDA APPROVED – AS PRESENTED Motion by Commissioner Pierce, seconded by Commissioner Agnew, approving the meeting agenda as presented. Roll call: Ayes: Agnew, Jackson, Pierce, and Risser Motion carried. V. COMMUNITY COMMENT Andy Brown, 5512 Park Place, shared concerns regarding lack of trust with the City and said he did not appreciate Executive Director Neal’s insinuation regarding sharing disinformation in reference to a recent data request. Marie Katyal, 6421 Indian Hills Road, shared advocacy for allowing people with disabilities in a higher percentage of housing and acknowledged her support. V.A. EXECUTIVE DIRECTOR’S RESPONSE TO COMMUNITY COMMENTS Executive Director Neal said there were no past Community Comments. VI. ADOPTION OF CONSENT AGENDA AS AMENDED Motion by Commissioner Agnew, seconded by Commissioner Pierce, approving the consent agenda as amended to remove VI.C: VI.A. EDINA HOUSING FOUNDATION APPOINTMENTS VI.B. APPOINTMENT OF THE EXECUTIVE DIRECTOR OF THE HRA VI.C. REQUEST FOR PURCHASE; PROFESSIONAL SERVICES FOR THE FRANCE AVENUE PEDESTRIAN CROSSING VI.D. APPROVE DRAFT MINUTES OF THE REGULAR MEETING OF JANUARY 11, 2024 Roll call: Ayes: Agnew, Jackson, Pierce, and Risser Motion carried. ITEMS REMOVED FROM THE CONSENT AGENDA VI.C. REQUEST FOR PURCHASE; PROFESSIONAL SERVICES FOR THE FRANCE AVENUE PEDESTRIAN CROSSING – APPROVED The HRA commented on the project scope that ended with the upper deck of the parking ramp as a disservice with no ADA access to the east. They questioned the maneuver of cutting across Gallagher as it was a safety concern and needed to include bike/pedestrian connections and more dedication to the Southdale Design Guidelines which required a grid structure to serve the broader Minutes/HRA/February 15, 2024 Page 2 public. They requested the project be reconsidered and that this study needed to be broader and scope changed to address the bike trail, especially with the library and Fred Richards Park nearby. Director of Engineering Millner referred to a 2007 study that identified this location as a crossing and how it would be used as a starting point for this process. The Board asked questions and provided feedback. Motion by Commissioner Agnew, seconded by Commissioner Risser, to approve the request for purchase for Professional Services for France Ave Pedestrian Crossing with LHB for $80,000 with the extension of the red area to include the intersection of Gallagher and pedestrian bikeway at that intersection. Roll call: Ayes: Agnew, Jackson, Pierce, and Risser Motion carried. VII. REPORTS AND RECOMMENDATIONS VII.A. FIRST AMENDMENT TO REDEVELOPMENT AGREEMENT FOR 4620 WEST 77TH STREET – APPROVED Affordable Housing Development Manager Hawkinson shared that on December 8, 2022 the HRA approved a Redevelopment Agreement with 4620 LLC for the development of a 276-unit multi- family development located at 4620 W. 77th St. 100% of the units were planned to be affordable to the general workforce: ten percent (10%) of units (28 units) would be affordable to households with incomes at or below 50% of the Area Median Income (AMI), and an additional 40% of the units (110 units) would have rents restricted not to exceed 120% of AMI. The remaining 50% of the units were intended to have rents not to exceed 120% of AMI but could increase in response to increasing expenditures. The 28 affordable units were to be available to any income qualified household. In the past year, the Managing Member of 4620 LLC, Solhem Companies, had been meeting with advocates for people with developmental disabilities, including the parent group that participated in the development proposal for St. Peter's church that did not move forward. Based on the prevalent need for affordable housing to serve people with disabilities, 4620 LLC was requesting to amend the Redevelopment Agreement and Declaration of Restrictive Covenants to reflect that the target population for the affordable units would be people with developmental disabilities. All other deal points remain as previously approved. She shared how AbleLight had presented a sketch plan in 2022 but withdrew for lack of support and how in 2023 staff introduced advocacy groups to Solhem for a partnership then spoke about the community benefits that would result by providing more in independent living opportunities. The Board asked questions and provided feedback. Motion by Commissioner Pierce, seconded by Commissioner Agnew, approving the First Amendment to Redevelopment Agreement for 4620 West 77th Street and authorized execution thereof. Roll call: Ayes: Agnew, Jackson, Pierce, and Risser Motion carried. VII.B. AFFORDABLE HOUSING DISCUSSIONS – DISCUSSED Ms. Hawkinson said the HRA had discussed the need for community discussions around the issue of affordable housing then shared a brief history on the community engagement undertaken for the creation of the Housing Chapter of the Comprehensive Plan and on the Housing Strategy Task Force Plan. Minutes/HRA/February 15, 2024 Page 3 The Board shared comments regarding affordable housing definitions as included in the Comprehensive Plan and the suggestion for a simplified definition for the public. They discussed the overall housing makeup in the community and the importance of meeting housing needs and not make housing exclusive. The Board spoke about the need for sustained housing affordability now and into the future and how we needed to think more than just today’s market but the market going forward and if the median home value in the City was $1 million than the result was less affordable housing available. The Board acknowledged the need for residents to build equity and have diversity of land use around where affordable housing existed. They spoke about the importance of not deleting neighborhood nodes and create alternatives for vehicles as well as the need to review residential construction and eliminate diversity of land use. The Board spoke about the current shortage of housing and the most efficient way to construct apartments and the idea of a comprehensive review of current housing stock to continue to make this a community for those with different needs and jobs to live. They discussed the Maxfield study and if we wanted to add more housing in Edina that we needed to look at the overall housing stock and placement of housing and how do we develop a variety of new housing given that the City was fully developed. They spoke about how apartments only would not meet the need and that changes would impact zoning and the need for a broader conversation that included community input. They outlined next steps that included review of overall housing stock using the Maxfield study and identify ways to create more housing in a fully-developed city. The Board asked questions and provided feedback. VIII. EXECUTIVE DIRECTOR’S COMMENTS – Received VIII.A. 2023 YEAR IN REVIEW IX. HRA COMMISSIONER COMMENTS – Received X. ADJOURNMENT Motion made by Commissioner Agnew, seconded by Commissioner Pierce, to adjourn the meeting at 8:45 a.m. Roll call: Ayes: Agnew, Jackson, Pierce, and Risser Motion carried. Respectfully submitted, Scott Neal, Executive Director Date: Marc h 14, 2024 Agenda Item #: VI.B. To:C hair & C ommis s ioners of the Edina HR A Item Type: R eques t F or P urchas e F rom:C had A. Millner, P.E., Director of Engineering Item Activity: Subject:R equest for P urc hase: ENG 24-5 50th S treet and G range R oad Improvements Ac tion Edina Housing and Redevelopment Authority Established 1974 C ITY O F E D IN A HO US I NG & R EDEVELO P MENT AUT HO R I T Y 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: Approve R equest for P urchase for E N G 24-5 50th S treet and G range Road Improvements with S.M. Hentges & Sons, Inc for $2,694,183.76. I N TR O D U C TI O N: T he H R A accepted the East G randview Transportation Study associated with the redevelopment of 4917 Eden Avenue (old P erkins site). T hat study identified improvements on E den Avenue, G range Road, and 50th S treet to improve safety of cyclist and pedestrians along with improving traffic safety and operations. T his contract will construct the improvements on 50th Street and Grange R oad. T his project is the last improvement identified with the E ast Grandview T ransportation S tudy that is eligible for this specific T I F Funding. AT TAC HME N T S: Description Request for Purchase: ENG 24-5 50th Street and Grange Road Improvements ENG 24-5 Contract Request for Purchase Contract Number 1 CITY OF EDINA 4801 W 50th St., Edina, MN 55424 www.EdinaMN.gov | 952-927-8861 12400082 Department: Engineering Buyer: Chad Millner Date: 03/11/2024 Requisition Description: 50th Street and Grange Road Improvements Vendor: S.M. HENTGES & SONS, INC. Cost: $2,694,183.76 REPLACEMENT or NEW: REPLACEMENT PURCHASE SOURCE: QUOTE/BD - QUOTE/BID DESCRIPTION: The HRA accepted The East Grandview Transportation Study associated with the redevelopment of 4917 Eden Avenue (old Perkins site). That study identified improvements on Eden Avenue, Grange Road, and 50th Street to improve safety of cyclist and pedestrians along with improving traffic safety and operations. This contract will construct the improvements along 50th Street from the proposed Tight Diamond Interchange (TDI) to east of Dale Drive including Grange Road. BUDGET IMPACT: This project is funded by TIF funds collected from the Eden Grange TIF district created with the redevelopment of 4917 Eden Avenue (old Perkins site). This project is the last improvement identified with the East Grandview Transportation Study that is eligible for this specific TIF Funding. 2 COMMUNITY IMPACT: These projects can meet many of the seven guiding principles such as enhance the district’s economic viability, design for the present and the future by pursuing logical increments of change using key parcels as stepping stones to a more vibrant, walkable, functional, attractive, and life-filled place, organize parking as an effective resource for the district by linking community parking to public and private destinations while also providing parking that is convenient for businesses and customers, improve movement within and access to the district for people of all ages by facilitating multiple modes of transportation, and create an identity and unique sense of place that incorporates natural spaces into a high quality and sustainable development reflecting Edina’s innovative development heritage. ENVIRONMENTAL IMPACT: This project involves rehabilitation of the sanitary sewer, upgrades to the storm sewer, localized rehabilitation and full reconstruction of watermain systems, reconstruction of concrete curb and gutter, construction of new sidewalk, and complete reconstruction of bituminous pavement surfaces. Alternative construction methods utilized within the City include reclamation of existing bituminous surfaces to reuse aggregate base material, implementation of utility pipe rehabilitation through trenchless technologies thus reducing greenhouse gases associated with open cut installations. 1 1/2015 ENG 24-5 CONTRACT NO. ENG 24-5 THIS AGREEMENT made this 19th day of March, 2024, by and between the CITY OF EDINA, a Minnesota municipal corporation (“City”), the HOUSING AND REDEVELOPMENT AUTHORITY (“HRA”), and S.M. Hentges and Sons, Inc., 650 Quaker Avenue, Jordan, MN 55352 (“Contractor”). City and Contractor, in consideration of the mutual covenants set forth herein, agree as follows: 1. CONTRACT DOCUMENTS. The following documents shall be referred to as the “Contract Documents,” all of which shall be taken together as a whole as the contract between the parties as if they were set verbatim and in full herein: A. This Agreement. B. Instructions to Bidders. C. City of Edina General Contract Conditions. D. Addenda number 1 & 2. E. Specifications prepared by Chad A. Millner, P.E., dated January 26, 2024. F. Plan sheets numbered 1 to 61. G. Performance Bond. H. Payment Bond. I. Responsible Contractor Verification of Compliance J. Contractor’s Bid dated March 8, 2024. The Contract Documents are to be read and interpreted as a whole. The intent of the Contract Documents is to include all items necessary for the proper execution and completion of the Work and to require Contractor to provide the highest quality and greatest quantity consistent with the Contract Documents. If there are inconsistencies within or among part of the Contract Documents or between the Contract Documents and applicable standards, codes or ordinances, the Contractor shall provide the better quality or greater quantity of Work or comply w ith the more stringent requirements. 1.1 Before ordering any materials or doing any Work, the Contractor shall verify measurements at the Project site and shall be responsible for the correctness of such measurements. No extra charges or compensation will be allowed on account of differences between actual dimensions and the dimensions indicated on the Drawings. Any difference that may be found shall be submitted to the City for resolution before proceeding with the Work. 1.2 If a minor change in the Work is necessary due to actual field conditions, the Contractor shall submit detailed drawings of such departure to the City for approval before making the change. The City shall not be required to make any adjustment to either the Contract Sum or Contract Time because of any failure by the Contractor to comply with the requirements of this paragraph. Actual or alleged conflicts or inconsistencies between the Plans and Specifications or other Contract Documents shall be brought to the City’s attention in writing, prior to performing the affected Work. The City’s directions shall be followed by the Contractor. 2. OBLIGATIONS OF THE CONTRACTOR. The Contractor shall provide the goods, services, and perform the work in accordance with the Contract Documents. 2 1/2015 ENG 24-5 3. OBLIGATIONS OF THE CITY. The City agrees to pay and the Contractor agrees to receive and accept payment in accordance with the Contractor’s bid $2,694,183.73. 4. PAYMENT PROCEDURES. A. Contractor shall submit Applications for Payment. Applica tions for Payment will be processed by City as provided in the General Conditions. B. Progress Payments; Retainage. City shall make 95% progress payments on account of the Contract Price on the basis of Contractor’s Applications for Payment during performance of the Work. C. Payments to Subcontractor. (1) Prompt Payment to Subcontractors. Pursuant to Minn. Stat. § 471.25, Subd. 4a, the Contractor must pay any subcontractor within ten (10) days of the Contractor’s receipt of payment from the City for undisputed services provided by the subcontractor. The Contractor must pay interest of 1½ percent per month or any part of a month to the subcontractor on any undisputed amount not paid on time to the subcontractor. The minimum monthly interest penal ty payment for an unpaid balance of $100.00 or more is $10.00. For an unpaid balance of less than $100.00, the Contractor shall pay the actual penalty due to the subcontractor. (2) Form IC-134 required from general contractor. Minn. Stat. § 290.92 requires that the City of Edina obtain a Withholding Affidavit for Contractors, Form IC-134, before making final payments to Contractors. This form needs to be submitted by the Contractor to the Minnesota Department of Revenue for approval. The form is used to receive certification from the state that the vendor has complied with the requirement to withhold and remit state withholding taxes for employee salaries paid. D. Final Payment. Upon final completion of the Work, City shall pay the remainder of the Contract Price as recommended by City. 5. COMPLETION DATE. The Work must be completed and ready for final payment by October 11, 2024. 6. CONTRACTOR’S REPRESENTATIONS. A. Contractor has examined and carefully studied the Contract Documents and other related data identified in the Contract Documents. B. Contractor has visited the Site and become familiar with and is satisfied as to the general, local, and Site conditions that may affect cost, progress, and performance of the Work. C. Contractor is familiar with and is satisfied as to all federal, state, and local Laws and Regulations that may affect cost, progress, and performance of the Work. D. Contractor has carefully studied all: (1) reports of explorations and tests of subsurface con ditions at or contiguous to the Site and all drawings of physical conditions in or relating to existing surface or subsurface structures at or contiguous to the Site (except Underground Facilities) which have been identified in the General Conditions; and (2) reports and drawings of a Hazardous Environmental Condition, if any, at the Site. E. Contractor has obtained and carefully studied (or assumes responsibility for doing so) all additional or supplementary examinations, investigations, explorations, tests, studies, and data concerning conditions 3 1/2015 ENG 24-5 (surface, subsurface, and underground facilities) at or contiguous to the Site which may affect cost, progress, or performance of the Work or which relate to any aspect of the means, methods, techniques, sequences, and procedures of construction to be employed by Contractor, including any specific means, methods, techniques, sequences, and procedures of construction expressly required by the Bidding Documents, and safety precautions and programs incident thereto. F. Contractor does not consider that any further examinations, investigations, explorations, tests, studies, or data are necessary for the performance of the Work at the Contract Price, within the Contract Times, and in accordance with the other terms and conditions of the Contract Documents. G. Contractor is aware of the general nature of work to be performed by City and others at the Site that relates to the Work as indicated in the Contract Documents. H. Contractor has correlated the information k nown to Contractor, information and observations obtained from visits to the Site, reports and drawings identified in the Contract Documents, and all additional examinations, investigations, explorations, tests, studies, and data with the Contract Documents. I. Contractor has given City written notice of all conflicts, errors, ambiguities, or discrepancies that Contractor has discovered in the Contract Documents, and the written resolution thereof by City is acceptable to Contractor. J. The Contract Documents are generally sufficient to indicate and convey understanding of all terms and conditions for performance and furnishing of the Work. K. Subcontracts: (1) Unless otherwise specified in the Contract Documents, the Contractor shall, upon receipt of the executed Contract Documents, submit in writing to the City the names of the subcontractors proposed for the work. Subcontractors may not be changed except at the request or with the consent of the City. (2) The Contractor is responsible to the City for the acts and omissions of the Contractor's subcontractors, and of their direct and indirect employees, to the same extent as the Contractor is responsible for the acts and omissions of the Contractor's employees. (3) The Contract Documents shall not be construed as creating any contractual relation between the City and any subcontractor. (4) The Contractor shall bind every subcontractor by the terms of the Contract Documents. 7. WARRANTY. The Contractor guarantees that all new equipment warranties as specified within the bid shall be in full force and transferred to the City upon payment by the City. The Contractor shall be held responsible for an y and all defects in workmanship, materials, and equipment which may develop in any part of the contracted service, and upon proper notification by the City shall immediately replace, without cost to the City, any such faulty part or parts and damage done by reason of the same in accordance with the bid specifications. 8. INDEMNITY. The Contractor agrees to indemnify and hold the City harmless from any claim made by third parties as a result of the services performed by it. In addition, the Contractor shall reimburse the City for any cost of reasonable attorney’s fees it may incur as a result of any such claims. 9. MISCELLANEOUS. A. Terms used in this Agreement have the meanings stated in the General Conditions. B. City and Contractor each binds itself, its partners, successors, assigns and legal representatives to the other party hereto, its partners, successors, assigns and legal representatives in respect to all covenants, agreements, and obligations contained in the Contract Documents. 4 1/2015 ENG 24-5 C. Any provision or part of the Contract Documents held to be void or unenforceable under any Law or Regulation shall be deemed stricken, and all remaining provisions shall continue to be valid and binding upon City and Contractor, who agree that the Contract Documents shall be reformed to replace such stricken provision or part thereof with a valid and enforceable provision that comes as close as possible to expressing the intention of the stricken provisions. D. Data Practices/Records. (1) All data created, collected, received, maintained or disseminated for any purpose in the course of this Contract is governed by the Minnesota Government Data Practices Act, Minn. Stat. Ch. 13, any other applicable state statute, or any state rules adopted to implement the act, as well as federal regulations on data privacy. (2) All books, records, documents and accounting procedures and practices to the Contractor and its subcontractors, if any, relative to this Contract are subject to examination by the City. E. Copyright/Patent. Contractor shall defend actions or claims charging infringement of any copyright or patent by reason of the use or adoption of any designs, drawings or specifications supplied by it, and it shall hold harmless the City from loss or damage resulting there from. If the equipment provided by the Contractor pursuant to this Agreement contains software, including that which the manufacturer may have embedded into the hardware as an integral part of the equipment, the Contractor shall pay all software licensing fees. The Contractor shall also pay for all software updating fees for a period of one year following cutover. The Contractor shall have no obligation to pay for such fees thereafter. Nothing in the software license or licensing agreement shall obligate the City to pay any additional fees as a condition for continuing to use the software. F. Assignment. Neither party may assign, sublet, or transfer any interest or obligation in this Agreement without the prior written consent of the other party, and then only upon such terms and conditions as both parties may agree to and set forth in writing. G. Waiver. In the particular event that either party shall at any time or times waive any breach of this Agreement by the other, such waiver shall not constitute a waiver of any other or any succeeding breach of this Agreement by either party, whether of the same or any other covenant, condition or obligation. H. Governing Law/Venue. The laws of the State of Minnesota govern the interpretation of this Agreement. In the event of litigation, the exclusive venue shall be in the District Court of the State of Minnesota for Hennepin County. I. Severability. If any provision, term or condition of this Agreement is found to be or becomes unenforceable or invalid, it shall not affect the remaining provisions, terms and conditions of this Ag reement, unless such invalid or unenforceable provision, term or condition renders this Agreement impossible to perform. Such remaining terms and conditions of the Agreement shall continue in full force and effect and shall continue to operate as the parties’ entire agreement. J. Entire Agreement. This Agreement represents the entire agreement of the parties and is a final, complete and all inclusive statement of the terms thereof, and supersedes and terminates any prior agreement(s), understandings or written or verbal representations made between the parties with respect thereto. K. Permits and Licenses; Rights-of-Way and Easements. The Contractor shall procure all permits and licenses, pay all charges and fees therefore, and give all notices necess ary and incidental to the construction and completion of the Project. The City will obtain all necessary rights-of-way and easements. The Contractor shall not be entitled to any additional compensation for any construction delay resulting from the City’s not timely obtaining rights-of-way or easements. 5 1/2015 ENG 24-5 L. If the work is delayed or the sequencing of work is altered because of the action or inaction of the City, the Contractor shall be allowed a time extension to complete the work but shall not be entitled to any other compensation. M. Responsible Contractor. This contract may be terminated by the City at any time upon discovery by the City that the prime contractor or subcontractor has submitted a false statement under oath verifying compliance with any of the minimum criteria set forth in Minn Stat. § 16C.285, subd. 3. CITY OF EDINA CONTRACTOR BY: ____________________________ BY: ____________________________ Its Mayor Its AND ___________________________ AND ___________________________ Its City Manager Its 6 1/2015 ENG 24-5 HOUSING AND REDEVELOPMENT AUTHORITY BY: ____________________________ Its Chair AND ___________________________ Date: Marc h 14, 2024 Agenda Item #: VI I.A. To:C hair & C ommis s ioners of the Edina HR A Item Type: R eport / R ecommendation F rom:Bill Neuendorf, Economic Development Manager Item Activity: Subject:MO T I O N TO C LO S E S ES S I O N: as permitted by MS . 13D.05 subdivision 3 to disc uss the potential S ale of R eal P roperty located at 5146 Eden Avenue. Disc ussion Edina Housing and Redevelopment Authority Established 1974 C ITY O F E D IN A HO US I NG & R EDEVELO P MENT AUT HO R I T Y 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: No action required; for discussion only. I N TR O D U C TI O N: T he H R A had previously entered into a P urchase Agreement with United P roperties R esidential to develop a 90- unit senior housing co-op on the southern most portion of property located at 5146 E den Avenue. T he remainder of the property would be developed with a restaurant and public park/green space. Unfortunately, the senior cooperative was unable to attain the required number of pre-sold units to qualify for H U D financing. B ased on this condition, the buyer terminated their purchase agreement in October 2023. T he prospective buyer has submitted an offer to modify the housing portion of the site with the intention of breaking ground in late 2024. T his revised purchase offer will be discussed by the H R A B oard in a closed session. M N S tatute 13D .05 subd 3 allows sensitive real estate discussions to occur in closed session so as to not give an unfair advantage to the prospective buyer. No action will be taken in the closed session. I t is for discussion only. Any action taken by the H R A B oard will occur in an "open" session so that proper notification is provided to the public. AT TAC HME N T S: Description Staff Pres entation Alternates to Pursue – Discussion of PrioritiesHighMediumLow2012 Development Framework / 7 Guiding PrinciplesPark / Green Space with space for arts, recreation and small special eventsStand-alone Restaurant as community destinationUtilize existing public parking garagePerimeter sidewalks & landscaping boulevardsOtherHighMediumLowFor Sale TownhousesMarket-Rate Rental ApartmentsAffordable Rental ApartmentsSenior CooperativeAll-ages vs Age-restrictedAttainably priced (mid-priced; not high luxuryHeight 2-4 stories vs 5-7 storiesLand Sale vs. Land LeaseOtherFor HRA Board Discussion March 2024 Date: Marc h 14, 2024 Agenda Item #: VI I.B. To:C hair & C ommis s ioners of the Edina HR A Item Type: F rom: Item Activity: Subject:Motion to move back into open s es s ion. Edina Housing and Redevelopment Authority Established 1974 C ITY O F E D IN A HO US I NG & R EDEVELO P MENT AUT HO R I T Y 4801 West 50th Street Edina, MN 55424 www.edinamn.gov A C TI O N R EQ U ES TED: M otion to move back into open session. I N TR O D U C TI O N: