Loading...
HomeMy WebLinkAbout8C - City Future Needs DATE: STAFF AGENDA REPORT Be ,\rx\ FRANK BOYLES, CITY MANAGER'\ CONSIDER APPROVAL OF RESOL ON 96-19 ENHANCING CITY ECONOMIC DEVELOPMENT RESOURCES TO MEET FUTURE NEEDS. FEBRUARY 20, 1996 AGENDA #: PREPARED BY: SUBJECT: BACKGROUND: The purpose of this memorandum is to recommend reformatting of the City's Economic Development Resources in a fashion which will better meet current and future needs. A resolution is included, as is a new set of bylaws for the Economic Development Authority. DISCUSSION: At the February 5th, 1996 City Council meeting the Council took final action to approve its 1996 Goals and Objectives as discussed at the January 19 and 20 Workshop. The Goals and Objectives, as approved are very aggressive in the area of economic development. The goals include: 1. Prepare a list of the top ten areas for annexation and recommendations for each. 2. Sell at least 2 acres of Waterfront Passage Business Office Park property. 3. Facilitate the completion of one or more of the following major developments/redevelopments: Wensmann, Gateway, Priordale, or Drive-In Theater. Based upon input I have received there appears to be a high likelihood that all three objectives will be concurrently underway this year. In fact, I expect two business park parcels to be sold. (One will be on the agenda March 4 for Developer Agreement approval and creation of a Tax Increment District). I also expect that, at minimum, work will proceed on the Drive-In Theater parcel and on the Wensmann parcel. There is additional evidence to suggest record activity in 1996. I nterest rates are very desirable now and appear likely to remain so into the construction season. Residential building permits for the month of December were three times greater than normal at 30 rather than 10. The completion of the Ferry Bridge eliminates 16200 Eagle Creek Ave. S.E., Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTLNITY EMPLOYER the actual and psychological distance separating Prior Lake from the metropolitan area. Finally, there has been enhanced interest in commercial industrial development projects in Prior Lake, demonstrated by the likes of Wensmann Company, EFH, Reliance, Wahl, and Frauenshuh. Each of these companies has the reputation and wherewithal to accomplish significant development proposals. The challenge to Prior Lake is to be ready and have the resources at hand to facilitate all three of these development objectives - potentially at the same time. Our present resources for addressing Economic Development are: 1. Assistant City Manager - With four bargaining units and two brand new labor agreements under negotiation, Blair is spending substantially more time preparing and reviewing language proposals, conducting research and sitting in on labor negotiation sessions. In order to effectively conclude negotiations to meet another of the Council's 1996 Goals and Objectives, Blair will have to continue to devote as much as half or more of his time to this effort, even though I want him to continue to be a key player in economic development. 2. The Business Development Committee - The committee was created to facilitate the orderly and expeditious development of the Waterfront Passage Business Park. This overriding objective has been achieved. Assuming success with Award Printing, only two parcels would remain for development. The Business Development Committee has suggested that its 1995 Goals be extended into 1996 since they were not adopted by the committee until mid-1995. From an examination of the 1995 goals it appears to me that the key issues are being, or will be, addressed through staff, consultant or Chamber. 3. Chamber of Commerce - The Chamber of Commerce has had some success in adding membership. They have also been successful in referring businesses to proper city representatives, coordination of Lakefront Days and staffing the booth at the Dakota Pow Wow. 4. Advance Resources for Development - The contract with Roger Guenette has been in force since 1993 with the identical elements. Mr. Guenette is paid $1,500 per month as AGNBDC.DOC 2 a retainer and $7,500 for each tax increment financing plan which signifies that a sale has been made. This agreement has been sufficient to cover costs incurred by Mr. Guenette for the time he has invested in representing the city in the development of the Waterfront Passage Business Park. 5. Economic Development Authority The Economic Development Authority was established by the City Council but has not been used extensively. Given the economic development workload for 1996 set forth above, I believe that the City should upgrade this resource. The changes recommended include the following: (1) The Bylaws to the Economic Development Authority should be revised from seven to five members to streamline its ability to meet and conduct business. The EDA should become the prime mover of all city economic development efforts. The staff would support the EDA by conducting the day-to-day "leg work." The Bylaws should be revised to assure that the EDA possesses the broadest array of economic development tools authorized to it by statute, even if the city chooses not to use them initially. The frequency of EDA meetings should increase to once monthly so that the City Council, acting as the EDA, can stay immediately abreast of economic development activities which are ongoing at the staff level, and to provide a regularized means through which approval action can take place expeditiously. This should address a major time concern of developers. The existing Business Development Committee has accomplished in commendable fashion its key contribution to the city's development effort. Accordingly, it should be discontinued so the City staff can serve the day to day needs of the Economic Development Authority. Existing members of the BDC should be utilized in other roles if presently available. As an articulate representative of the downtown businesses, Paul Vierick should be asked to serve as liaison between downtown businesses and the EDA. Other BDC members should be interviewed for upcoming committee or commission openings if they are interested. To assure that Advance Resources provides sufficient support for the City's economic development and redevelopment objectives this year, the contract should be revised as attached. The revision assumes that the existing contract would remain in place and reimburse Mr. Guenette for AGNBDC.DOC 3 ISSUES: ALTERNATIVES: AGNBDC.DOC activities associated with economic development. The new contract would be used to reimburse Mr. Guenette for activities associated with redevelopment, particularly on the Drive-In Theater site and potentially on the Priordale Mall site. Under the new agreement, Roger Guenette would receive up to $30,000 if a redevelopment project comes to fruition in 1996, meeting the description as set forth in Appendix A. From a staff perspective the Business Development Committee has done well in achieving their primary objective, that is, development of the Waterfront Passage Business Park. With the accomplishment of that objective, I am concerned that City staff members and consultants reserve their efforts for high priority development and redevelopment tasks, i.e., working with property owners and developers to expeditiously fashion desirable development proposals, rather than lower priority time consuming activities of conducting monthly meetings, which have little real impact on economic development and redevelopment. I have reviewed these recommendations and my rationale with the Business Development Committee at their February 13, 1996 meeting. At the conclusion of the meeting the following motion was moved and unanimously adopted to the effect that: moved by Benneke, seconded by Erickson to decommission the Business Development Committee with the recommendation that the City Council consider establishing ex officio members to EDA of one or more former BDC members and that a BDC type function be recommended for Chamber consideration. The BDC's prime concern was communication with business interests, especially if problems arise. I propose that the Council address the BDC concerns by appointing Paul Viereck as liaison between downtown businesses and the EDA. When reviewing the 1996 Chamber goals (to be submitted shortly) the Council could request that the Chamber undertake the role of advocate on behalf of existing and prospective businesses. 1. Enhance the City's Economic Development program by adopting Resolution 96-19 which revises bylaws for the EDA (attached), discontinues the BDC and approves a revised contract agreement with Advance Resources for Development (attached). 2. Refine the recommendations contained in this proposal as desired by the Council and approve the amended resolution. 4 3. Defer action on this proposal. RECOMMENDATION: Alternate #1. As indicated above, one purchase agreement is already underway for the acquisition of the three acre site at the business park. At the same time, we are talking with five different parties about a major redevelopment/development project in the Priordale Mall/Drive-In Theater property. We believe that at least one of these projects will come to fruition during 1996 and the second perhaps in 1997 or 1998. Finally, the Wensmann master planning is proceeding and will no doubt receive a great deal of impetus when the County reconstructs County Road 42 from Ferndale to C.S.A.H. 21 in 1997. FINANCIAL IMPACT: The additional fees associated with the proposed Advance contract will be paid as Tax Increment District expenses. ACTION REQUIRED: Adopt Resolution 96-19 executing a professional services agreement with Advance Resources for Development, decommissioning the Business Development Committee and approving amended bylaws for the Economic Development Authority. Adoption of the bylaws requires a 4/5 City Council vote. Attachment AGNBDC.DOC 5 RESOLUTION 96-19 RESOLUTION AUTHORIZING ENHANCEMENT TO CITY ECONOMIC DEVELOPMENT RESOURCES MOTION BY: SECOND BY: _____ WHEREAS, The City Council has expressed a desire to assure that the City facilitates quality commercial and industrial development, and; WHEREAS, The City Council has established three of its high priorities for 1996 to be economic development in nature, and; WHEREAS, The City Council desires the most efficient and effective use of resources to facilitate expeditious high quality economic development. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, that: 1. The Bylaws of the Economic Development Authority dated February 5, 1996 are hereby adopted. 2. The Business Development Committee is hereby decommissioned. 3. The Mayor and City Manager are hereby authorized to execute a contract on behalf of the City dated February 5, 1996 with Advance Resources for Development. Passed and adopted this 20th day of February, 1996. YES NO Andren Greenfield Kedrowski Mader Schenck Andren Greenfield Kedrowski Mader Schenck { Seal} City Manager City of Prior Lake RES9619 DOC 16200 Eagle Creek Ave. S.E.. Prior Lake. Minnesota 55372-1714 / Ph. (612) 447-4230 / Fax (612) 447-4245 AN EQUAL OPPORTl;NITY EMPLOYER " ,_,_"_"~,,,,~,,___,,~,,_,,,,,,,~_,,,,,,,,,,,,,,,,,,,,,,,,,,.c-.._..... ._....~..,...~., ~._ "''''_''"""''''''~_''W_",_~"",~,,''''~_''''_''-''"''"'''__'''''''''''.""."__,__,,,,-_"""",~_,"''''''''.''''''''____''_''"'"__''__~'''--'''''''''',_.;"'..~,"~....._._~r.."""'''''__''''''''~_'''''''~_,_____""_~~.,,"'_,,~,, AGENDA #: PREPARED BY: SUBJECT: DA TE: 98 ASSISTANT CITY MANAGER BLAIR TREMERE BUSINESS DEVELOPMENT COMMITTEE 1996 GOALS DECEMBER 28, 1995 (FOR 1-2-96 MEETING) BACKGROUND: The Business Development Committee annually considers its goals for the coming year. This year, the Committee reviewed the goals established earlier this year, and determined that the items were on-going and should continue for 1996. No new items were added and no items were deleted. A copy of the 1995 Goals is attached. ISSUES: The Committee observed that the assignments to various tasks and teams will change, e.g., the seat vacated by Wes Mader and the functions, performed by Bonnie Carlson. It is expected the details will be deliberated early in 1996. The Committee is advisory to the Council; thus, I anticipate that decisions by the City Council regarding goals for 1996 will and should influence the Committee's. Further, the Committee has not specifically discussed the Strategic Plan adopted by the Council-during my tenure, at least-and, the recently adopted Comprehensive Plan, while reviewed by the Committee members as to land use issues, has not been reviewed regarding other matters such as the Goals and Objectives. I plan to take both planning items to the Committee for review and familiarization; it seems to me that some modification of the overall Committee goals for 1996 could result. RECOMMENDA TlONS: The Committee has recommended that their 1995 Goals evolve, with appropriate editorial corrections and revisions. as their 1996 Goals. ACTION REQUIRED: Consider the Committee's Goals as part of the Council's goal- setting; and, provide direction, if any, to revise. BDC96GLS.DOC 1;12 - ~ Q "" I/') ~ Q'\ -- ~ ~ ~ - .:= - .- ~ ,.. .J = ,.. -. = Q e .- U -. =- - = c... ~ Q ,.. a = c. U - -= ~ > ~ Q :n ;n ~ = .- :I) - - :: I I I I 14 I I I I I ~ I ..-' I J\ I.; ~ 1 I t....- I ~ ~ I I~ I, 1 _ I J I~ I _ ~I 1.$ 1 <.i.-" - I I '" 1"""- I ~ I j JIG I J ::,1- I __ I.. :: I 1'-:- 1 ~ 1 .... I ~ I \!J I.A'" = ~ 1 I..P I ~ Q 1 I ~ I.! I ._=: I ~ ... I I........ ._...:_ :;:: I ., 1 - 1 _ = I I :; I-::!: 1 ~ I - ~ I ..J. . 1 :.. ~ I ~ 1 J.. I...., .:: I I "~ I::. I _ SI... '; I"> _ I > _' I I 1 - 11 1''; 1.1' I ~ ~ 1 ~ ~ I ~ ~ 1 ~ .2 _ ~ I .:::: I G 1 ~ u ~ ~ I - I ~J I: I =- -::=:1 .., I .~I- c:. '-I ~--I -- 1,. Q. ~I ~ ,- 1 <Q I e ~ I 1 ~ 1 ; 'U I t:;t e ~ ....;.. I ,. I a \ ~ I"Z: 1-- 1 '" : ~I c f~ I q ~ I J : ----I ~ I " 1 '-... : ~I <\ 1 d 1:::- 1 ~ U ~IS: ~ j. ,Uo- 01/ U ~I ~ I 0 I~' U:?I '2.1-t- I.... 1._": ~I ~ ~ r I 0 j 1 ~" ....' I I.::..J I -~ 1 1 .c] I -: 1-" _ _ - - t- - - - - + - - -r- - - - ~ - - - ~ - t- - - -l- - - - f- - - - ~ - - - - - - - r- - - - r- - - - -f- - - +- - I \ I 1 I I I 1 I I 1 1 I I \ 1 \ I I 1 = I 1 I = 1 I lei I I 1 :: . 1 1 I = I I I = I I I CI ~ _'_:J1 I I I ~ * 1 I 1 ~ I t I'c I E- I:: 1 5 I~ E- a I I ~ I E- I - I :: ~I ;::1 -:EI~ I ~I'!j -rn\ I ~l -.I:,)~I ~~I SI ~ -s2 l~ I" I ~ ~ ~ 1 ~ I ~ I ~ t I~ ~._:..,:J,:", I ~ ~ I g I ._ ~ t.- I cJ I = ':' U 1"'= :: 1 ~ t .- -:: I = I U ~ \ U I e _= I ~ I.~ I c.; ~ ~ I U ~ I C I : :-= I ~ I .~._ 0 I ~ I ~ _ I := I~ It:.. 's I..J - It;..; ~ I :t: ~ 1= I~ ~ I ri -0 I a I ~ Ie.; 3 I ~ 5 I ~ ~ I'"; ~ I ~ I e 5 I~ 5 ~'-= ~ 1 ~ IZ IU) :::: Ie::: c: Ie::::...; IUS ::::: I ::: !e:: Z I~.::::::::: Ie Co' - - - -I- - - - - -+- - - -I- - - - ~ - - - ~ -I- - - -~ - - -I- - - - ,- - - - - - - -I- - - -I- - - - -I- - - +- - I I~ I :I'l 1 I.. I I I I I 1 ~ 1 0 I.-=: I \ ~ I I I I I IC I ~ I.~ I I Ole; I - Ir.- I I 1 ~ 1 'U 1 :> 1 I ~ I :I'l I.... I :::: I I :;l :.~: ~ E- ~:;f: ~ :;, ~ - : ~ : ~ : : I -.n I s... I ;:: Z ~ I ~ \.- I - ~ - 1-= I ~ I 1.) I, ~ __ 1 :I'l -;J .- ~ .- ~ - 1- 1- .:11 tV 1:= ~ 1) 1:: ~ ~ ~ ' :n I :n 1:-= c...; "_~ I - :: I QJ ... I u - I~ 1-:: 'U c..; .=... \.:: I t I..Q -::i 1..-::-- \ ~ n= I.-=: ~ : ~ ~ :-5 : g "E ~ ~:.:: : g- : ~ 5 ~ ~ : ~ :~ : 2 :~ =- I Ci 0 I = 1-': ~ Q )( I ~ l-;j 1-= z"'; 1; I' > I ~ I c.. I ~ I ~ - Ie I ~ == __ ~ I PI:> I ~ S I I :: 1 c.. I ~ cr. ,.. ~ ~ - - ~ 0 - -.; - s... :I'l ~.- cr. I 1) 0 \. I :I'l ~ ;:: 1 :: 1-:: 1 cr. c- .~- I :::: I s... 1:I'l I~ r_l I"::: -_ 1:I'l 1'-::: ~ =1'"= I A I:;; Z I.A I ~ ,::: 1.0 .. __ _ _ ...._ r.n t) - :I'l c.. ~ Z I ~ ~ 1 ::: I;... -;; Z :n 1 c.;;;. , _ I :> C,.., r.- 1 ~ 1 _ 1:I'l I.;.. .... I:> ~ 1 ~ I ~ ~ < 1; I ;:2 I = 1 = ....:- 0 13 I :I'l 1 B I';; cr. ,. I.~ = 1_ I :: ~., .~ 1-= Ie 1'- E- - -= I~ I"";; I~ I:> ;:; ~ I"::: = 1:-:: ~ I.: 'i::: ~ ~ I ~ I :.0 I 0 < Z .: I A I-~ I~ I:: = =I~ ~ I'u ~I~ c...... -::,..::: I:J'lA 1'= ~ - ~I~ I~ 1:-' 10 ~ ~I;: E 13 ~Ic.. 2 < :nl:.,) 1 t I.~ .-:J1 ~I;; Il..;: 1..:11 I~ :; \..::: I;:.. s... I::: c.. ~ ..~ l.~ 1,- I";:: C ~ ~ 1-= 1- I'!) I:> c; ~ I ~ a h= ~ I 0 c.. lII!!: ~ I ~ 1 ~ I 1) Q.. - ~ I. ~ I ~ I ~ I'': < . = 1 s...._ I =: I ~ ::': ~ - > 17 I 0 I - c=: - = 1= 1 ~- 1:I'l I ~ r.J'J ="1 ~;!2 I ~ ~ I ~ >."';: lr\ ~ I ~ 1-:: I a. c ~ :-:: I ~ ,\:..,) 10 I.~ cr. ~ I ~;a I.~.:: I ~ .0 < ~ >..J I t) 1 = I t) U = .: I':: I .= I~ I ~ < _ I U c.. I..:::.-=: I c..""=' Q - ~ I.:> I; I"::: c..;..::: I := I :-:: , I ;; ~ ..... 1))( I::.J - I ~ t) I - - c=: ~ - I :-:: 1'- 1- I" = I _ ~ :-:: 'U ~.::: c=: "'0 ,- u I";:: I 1.) C ~ os;:;:.. ~ ;::,...:.., ::': ~ E- ::': \ - ,. c.., s... - C = .= 1 1.) I ~ 1 ~;.- I = .. I - = 's... I Z ~ I ~ ~ ,S :c~ 1 ~ ~.... ~ ~ I ~ ~ I t: I ~ ~,.", -= I = ~l ~ ~ I:: I ~ eel.: a 1-0 U I ~ E =: 1.) ..Q I ~ = I? 1- -:. ...., 0 I.: :I'l! c: ~ I~ I':n ,.., .': 1 t) .. 0' ~ '_ c Q.. ~ -:: I c.. ::3 I~ I 0 :; Z .c I:; ,;.~ I:: = I ~ '= ~ ~ I~ :0 ~I = :.2:'1"::: U :'l 1.) = I :n ~ 1:.0 I"::: - .-. :I'l I '% -, >. 0 I._oJ ,~ .... :.J 1'- = u 1 ~ '-I:I'l ~ ~ :: ~ I" ~,,.. 1 ~ E-:=: lI"'\ 'U 1- -1.0"::: 's... l..c:: ,." 1) =.- - ,.. - - "... .... c: - - - cr. ~ ~ - 'U = c.. - ~ ~ c..l:o.~ ~ I = a I ~ ~ ~ .: ~"u ;.~ I:'; I ~ ,,_, C--.;: 1 ~ 0 1 :I'l '.:::: 1- .... ~I s... s... "I~ :::1.:.,) = I:"""'" c: -I =......, = 11.) .... ~ - .:1 s... ~I~ S- \- I So E- ~I 0 c.. ~I c..:;,,1 0' ::': '- 0 ~I:: ~12 I c.. c=: U"'O ~I c.. ~l~ i" I~ 1= < -,::a""=' .aIE~Ic.= c U 010 QJI~ 1..9 ~< = al>.-lif- ~ I.: \,.0 :> '~I c: a U\'- =1 a = ~ICJ >\0 IQJ E- '- 0 ~I.-=: :-::I\J 0 ':I'l IU ~ ;d,:: :I'l 2 I.~ :: l-g ~ E- .; =1 ~.s I r.n 1 ~ Z ~ >. '";i I:; 3: I..:: -: I ~ 10 '- ;; I ~ _ 7ii I _ --::::'1 ~ - Z ., :: (.-: 0 I t) 1-:: .... Z ~ .;:.. I = t) t-": ~ I 0 I::: C ;:.. __:I'l s... - -:I'l - 1; r, - U ..... - - - I :> .-- = 1_:- c ~ Ie::: 1-;::: ::': ~ ::': '- I...... , - 1- C < ~ = I >..J ,... I ;.- -:: I ~ I ("'I Z ~ I'=: u ~ Il:: -;::: I ;:::'" ~ ~ 0 :: It) ~ I :: 1.:= E- ~ = .= I -: = I ~ c: I ~ 1 ~ ~ 1"'0 ~ _: 1 t) :-1 ~ _ fI/!;. :D ~ 1-_- 1.) t ~ I";:: _ ~ :: ~ 1.2:l ;:: I ~ :: 1 ~ \ ..::: C -,... :0 ~ ::': Q.. :I'l - c: - -- .- c. - - . - ::: I c. a :.- I :0 _ I:.J . ~._ e.- Ie.- :.01- I 1J - ~ C 1- c..1";:: - \:I'l 1'"= E= = 1- - 0 I.: ':' _ Sf' ~ ~ ~ \ 0 c: I.~ IO:l'l U coCo.;::: I~ I 5'~ I ~ I c.. f_l r..;;;.1'~ .. Ciil- ~l:: ~ ~:- =:1:: :.:\";:: I c. 0 < U ::1": .91:.J :> I c.. 1 = ~ r.- I ~ ~ 0 I~ -:.c: I:> = ~ -- :::: I 0 :: I 1j I..: 7ii ~ ~ 5 I = - l~ I~ \"- .... :::: I ;:: .~ u I ~ ;; I '" ':n > ~ ''; I''; ~ 10 I.-=: ~ ~ u 'S;: .- I ~ ~ i ~ 9 I 'UN I~ Q. ;: I = ~ ~ I;'" E I =- i ~ ~ ;.:= I ';::: eol Co 1 ~ :> E- r- ., :; I = ~ I.:'" .- 1.- ,;:: :; .: 11.: s... ~ 1 ~ _ I j" _ Q ~ .;: I'~ c: 1>- I-.S ~ f- :;s ~ I: ; I:;.~ \:;s I ~ C .:: I ~ >"':: I ~ ~ I ~ U ~ - 2 I =: :.a 1::: . I g ~ C .... 0 -- I :' .::. 1 = _::': \ = 1 1) r '. - I - ::.J s... 1 - c..1:::: ::: ,.., < ~ I ii - I - -I -:::... C:.o ";:: I:.J I oJ 1 ~ \.- ~ t.= ~ . - c:ii = 1.)'" _ _ ~ :: ~ = "... - :> c;n ;n:> 4J I ~ 0 := 1:I'l ~ I _ 4J I to) U I ~ .: I 0 .:: -= I ~ :I'l l;j :> l:u 1 1.) ...: c',....... :::I<-=Ir:" ::::t'. cia CI--=(..Jlu~~ _,""'-::1... = Ie:.. l~ ,_ - ....., -,- - I '-,- I -,- .....,- , I ~~ \to Q.. s.. ~ ~ ca ~ E ca u E- rn u -; ~ 'C;; ~ o * ~ ~ ~ - ~: =: = ..J ,.. = - "" .E cJ =- ... Q ~ ... u I I I I I I I I I I _~ 1.1..-r ~ I I , 1 I I I '-r _ 1 I I 'I I :: I..:: 1 '4' I I 1 f ~:: I -:: Q ~ I I~ f 'I I ~ - j f . = ~ I~I 1 ~ I J 1 I I~)"~ ; I = d I J V. I ] I I ~ I -...;. I << ..., O_,..-t- I _ I 1 0 I I ~ _~::. --,::; 1 _~ V' .): J I ~ f -...- I ~ ::. J : ~ : [I ~ ! I ~ I --:; I ~ 5 ~ I _ ' 5 < I, ~ I ~: ~ -I~I ~ I ;;;: = D, .:. =) ~ I <()II Cl <.il I I U $10 U oJ lol~ .s:- I 1 I I -G l-.:l I 0 I .- - - - -to- - + - + - - - + - - - -- - -- - - +- _ _ _ _ _ to- _ -t- _ _ _ + _ + _ + _ _ _ _ I I I I ~ I I I I I' , co= I I I I I I ~ = I - ~ I I 1 I I 1 ~; 1 5; *-9_ II I 'I , 00 ~ f ~ ~:!Z_ I 1 I I I I c:~Eo- * I .2co= Eo- ::='U I I~ f : 1 Q,) f "'"" I ~ ~ ~ ..:.l: I ~ ~ c: - ~ I f~ I _1.) I"'"" I '- u I ... - ~ u I - ~ ~ ~ -0 -, I I.... 1 Q,) ~.- 1 co= co= .- 1.) I ~_ ~ ~ - '-' I 1::0: f I c: I en t w ~":" :u r.n ... ... .;:::"- c:: ~ U _~ I~ I.~o_ I Q,) ~.- 01 C-z ~ u_~1 (11.) 1 1- 13: > I~': ~... >:=: It,;.; :u i.: iU Q. -;::-.:: It,;.; "= I '"':: I - 1'- - 'U - -..Q f'- ~ u > - 'U - 1'- I _ I ::- I co= -.: = co=::; ..-:: :::l :J ~ 0 -= u :;..-:: :=.:: ::: C2 Ie: IZ:: I~:: 5 c: ~ Ici5 :=: (5 ci5 ~ = E l~ I: I '- - - - - - - -~ - + - - - + - - - - - - - - - - +- - - - - - - - -I- - - - -~ - -~ - ~ - _ _ _ ~ I I ~ I = 1--::: :n I I I :::: - f I~: It) = 1 I 1- - I I ,... - I ~ .=.0 I I I ~ Eo- I I;: I c.. c.: I 1.= - I I :-: I 2 ,... I Ie. - I 1=::: Ie.. : I I=- t >= I '-: =- I :>-. 25 I I == :> - ~ I I -,. I _ I 1.-: ~;.. ; (Ie.:> I == ::; I I ;> ~:":: Z 0 I 1 - _~ I~ _ I I ~ ~ ~ ~ I '0= _ I 0 ~ I I .... = ~ I I~:> I c.. oJ ~ ::.J= I I :: c: ~'I~;: I ~ - .;:: I I":':: t:; 0 / / ::: I ~ Eo- 1_ ;;.~ c' I c:.. > 0 =... I I ~ J ~ Z I :: ,... _ ~ I I~ ~u - 1 1- 1- ~ IC':S >.....,; I 1= c- ... f ,- = ,-= I .. :: ~ I - 1 I == U...,... :E - t)= ~ '-.. ~ I ~ I ::.a :.. I C"t _ ... 1:oJ I I >. ~ ~ == 1-= I - q 1_ =- I = I ,_= .- e. I ,... ,.= . >. 1:= ~ ~ I == I 1-::: Eo- ~ _"_:J I'::: ,~ ~ .~_t) 1 5 .= ~ I~ I I c.. Z - I :; I=-- Ie::: :n ~ I 'oJ I I _ C- ~ - , ~ I :: > ~ 1:>-. :::: ~ ,;< I I 25 == 10= I ~ ~.. I ~ :::- "'?n I --= I '0= -:~ t) I=- 1- :: :.._t) 1= i:: ~ I~ I 1:= = ~ 1-= 1 = r-J _ I ~ c.. = 1-;:: I I ~ Z;.. ~ ~ I:.:: '0- == 0 Ie..; ~.:;; I l: I I _ - - ~ >. I;:: /CJ ....... ~ I - = I ~ / I = E 0 /".= Ie. Z u I~ ~ = I > I I := - I I C 1- C I :; ~ _ ,''; / 1-= .....,.. -- .. ~ .~ ~., ...,. U I =: I = 1 l:..- - I = _ I.:; / , ~ C. 1 0 / 0 /~ c-;; 1'- ~ :a IC / I == ~ I~ I a. 1= -< ~ ,..g: ~ ~ I ~ 1 I C. -'C / ~ I eJ I = N ~ Ire:: :D = I ~ I I ~ ~ /~ I~ J - ~ I~ .- :oJ I ~ I _ I C. -: I'; / ~ I~ - ~ I 0 :n'i: I:..) I:; I~ ;:_". I - 1- J = ~ ~ I = ~.~ I r;; '"= '= -- I = I _ I ;a t: = I 0 "'_ -::: --::: I:::: I:': I ~ ~ I ~ / C / - > '0= - f =_ I = I '-I -.- ,0 ~ u - ~ = I '" ~ - / c / - ~ .. I QJ 0 CI.: ~ .~ ..... 1__ I ~ ~J I ~ /e.. I ~ ~ g I en co Eo- _ 1-= I ~ I 'oJ -- It- 1-= .. (.,; I ~ C U - ~ r - I ~ I:: 'i: ,~ I 0 1- - - 1'"2 r-J :::_= -_ I a I ~ I = ~ I - I - I~ ~ ~ ,.- ~.., I I:; / _ ~ ~ 1'::= / 5 I 0 -..9_ I~.g C - 0 I"E !"= I:: ::.a ; :~ :.~ : ~ ~ ~ : ~ ~ f 2S ~ :; :~ : g ~ ..... Ie I ~ I - ~ 0 I"::: -5 ~ = I'" I... 1_ =... - I I - I :; ~ ~ I g .. :D I~ 1C/.5 I"'" g_ I~ I~ I": :; ~ 1~..9 ~ ~:: I;: 1_ I ~ - I e lo~ I >. _ ~ 1j I 0 ~ = .: :>. I:> I-a 1:>._ - I = I. ::) Ir.;.. ~ C c.. 1:= ~'''::= ~.~ I ~ 1-: (;j ~ 2S I 0 l;.i ~ I':-.~ U - I:: C _ ,.- 1.= Ie> _ ~ I~ I~ g 1= - - 10 ~ It 1== I~ = c:::: I c..::; J ci: =- I C ~ .n cJ I:E u --=,;.. - I c::: I :E I c::: :3= '" I I , , ~ ~=- ... o l/') :--. '" - ... = ~ ,.. - - c. "" ... - ~ > ~ ~ - ::I) ~ ~ = .- ~ = IllfIII - - ~- Eo-Z << c.;.; (JU -:::: ~~ ~:E ~:; Q.C QU Z r'_ ~= ..... r;.;:::: ~~ c= :;~ c< ::::= :.. I~ ~ ~ - - ~ - - - - ~ ::. - - - = U - - - :: ~ E- - ~ ~ '- = -. =- N Q,) en ~ c.. "- Q,) ~ ~ 11.) ..J ~ 11.) E- en iU ! :il 0;;; 'U .-. . ECONOMIC DEVELOPMENT AUTHORITY February 20,1996 Current Members Date Appointed Term Expires Lydia Andren, President 2/20/96 12/97 Allen Greenfield I Vice President 2/20/96 12/97 Tom Kedrowski 2/20/96 12/99 Wes Mader 2/201/96 12/99 Pete Schenck 2/20/96 12/97 Proposals for bylaw changes due to the City Council by: December 1 I 1996. EDABYLAW.DOC - 1 - . ,~""""...,_~,~".._,~,",......._.~_,..,,...,._,<_.~,~.,~,~....,_,,,_~_,~~__,,___,___,,,,,___-,",,,,",-,---...,-.~......._~..,".,c,,.<,".,.,_,,._,._............~_".......,_.,~,..____~H_'.'~_..,~......,.,,'____~>d.'''''_.._".", BYLAWS OF PRIOR LAKE ECONOMIC DEVELOPMENT AUTHORITY Adopted February 20, 1996 Amended January 3, 1995 Amended January 2, 1996 Amended February 20, 1996 ARTICLE ONE - NAME AND PURPOSE The Prior Lake Economic Development Authority is a public body politic and a political subdivision of the State of Minnesota. The affairs of the Authority shall include, but not be limited to, promoting the growth, development and redevelopment of commercial industrial concerns in Prior Lake. The primary purpose of the Authority is to serve as an Economic Development Authority pursuant to Minnesota Statutes, Section 469.090 to 469.108. The Authority shall be governed by all requirements of said statute, the Enabling Resolution passed by the Prior Lake City Council and any amendments to the Enabling Resolution which may be enacted in the future. ARTICLE TWO - OFFICES AND BOUNDARIES 1. The principal office of the Authority shall be in the City Hall of the City of Prior Lake, 16200 Eagle Creek Avenue, County of Scott, State of Minnesota. 2. The Authority may also have offices at such other places as the Commissioners of the Authority may from time to time appoint, or as the business of the Authority may require. 3. The territory in which operations of the Authority are principally to be conducted consists of Scott County in the State of Minnesota. 4. Meetings of the Authority shall be conducted at the City Council Chambers at Fire Station 1, 16676 Fish Point Road. ARTICLE THREE - BOARD OF COMMISSIONERS 1. The management of all of the affairs, property and business of the Authority shall be vested in a five (5) member Board of Commissioners. The members of the Prior Lake City Council shall comprise the Board of Commissioners for the Authority. 2. The terms of the Commissioners shall be consistent with the terms of their office. EDABYLAW.DOC - 2 - 3. The Board of Commissioners may exercise all powers of the Authority and do all such lawful acts and things as are authorized pursuant to Minnesota State Statutes, the Enabling Resolution or pursuant to these Bylaws. 4. All vacancies in the Board of Commissioners, whether caused by resignation, termination of Council members, death or otherwise, shall be filled by City Council appointment in the same manner as City Council vacancies are filled. ARTICLE FOUR - MEETINGS 1. The Authority shall meet monthly at the location set forth in Article Two, Section 4 or at such other place as the Board may establish from time to time. At least three (3) days written notice of such meetings shall be given to the Commissioners. Meetings may be held immediately preceding, during or after the City Council meeting. 2. Special meetings of the Board of Commissioners may be called at any time by the President, or, in his/her absence, by the Vice President or by any two (2) Commissioners. Notice of special meetings of the Board of Commissioners shall be given to each Commissioner at least three (3) days prior to the meeting via telephone, telegram, letter or personal contact and shall state the time and place of the meeting. Notice of a special meeting shall comply with the requirements of the Minnesota Open Meeting Law. 3. Three commissioners shall constitute a quorum for the purpose of conducting business. Less than a quorum may, however, adjourn any meeting, which may beheld on a subsequent date without further notice, provided a quorum be present at such deferred meeting. ARTICLE FIVE - OFFICERS 1. The officers of the Authority shall be a President, a Vice President, a Secretary and a Treasurer who shall be elected to a one year term and shall hold office until their successors are elected and qualified. The President, Vice President, and Treasurer shall be members of the Board of Commissioners. The City Manager or his designee may serve as the Secretary. 2. The President shall preside at all meetings of the Authority, shall sign or counter- sign all certificates, contracts and other instruments of the Authority as authorized by the Board of Commissioners, shall make reports to the Board of Commissioners, and shall perform all such other duties as are incident to the office or are properly required by the Board of Commissioners. 3. The Vice President shall exercise all the authority and fulfill all the functions of the President during any absence or disability of the President. EDABYLAWDOC - 3 - 4. The Secretary shall issue notice for all meetings, except that notice for special meetings of Commissioners called at the request of Commissioners as provided herein may be issued by such Commissioners, shall keep minutes of all meetings, and shall make such reports and perform such other duties as are incident to the office, or are properly required by the Board of Commissioners. 5. The Treasurer shall have charge of all Authority books and shall perform all duties incident to the office which are properly required by the Board of Commissioners. 6. In the case of the absence or inability to act of any officer of the Authority and of any person herein authorized to act in his or her place, the Board of Commissioners may from time to time delegate the powers or duties of such officer to any other officer, or any Commissioner whom it may select. 7. Vacancies in any office arising from any cause may be filled by the Commissioners at any regular or special meeting. 8. The salaries, if any, of all officers and agents of the Authority shall be fixed by the Board of Commissioners. ARTICLE SIX - ATTENDANCE AND EXPENSES 1. Any Commissioner who is absent from three (3) consecutive duly called meetings of the Board shall be deemed to have' resigned unless the absentee provides a satisfactory explanation to the President and the President so notes in the records of the Authority. 2. Commissioners and officers may be reimbursed for expenses incurred in fulfilling the duties of their office and may be reimbursed for attendance at meetings and in the performance of duties on behalf of the Authority. Schedules of reimbursable expense shall be established by the Authority from time to time. ARTICLE SEVEN - FINANCE AND ADMINISTRATION 1. The monies of the Authority shall be deposited in the name of the Authority in such bank or banks as the Board of Commissioners shall designate, and shall be drawn out only by check signed by persons designated by resolution by the Board of Commissioners. . 2. The fiscal year of the Authority shall be the same as the fiscal year of the City of Prior Lake. 3. The nature, number and qualification 9f the staff required by the Authority to conduct its business according to these Bylaws shall be annually determined by the Board of Commissioners. Any agreement shall set forth in reasonable detail the EOABYLAW.OOC - 4 - nature of the Authority services to be performed, the cost basis for such services and the payment to be made by the Authority. 4. The books and records of the Authority shall be kept at the Authority office in the City of Prior Lake, Minnesota. ARTICLE EIGHT - POWERS 1. The Authority may exercise all of the powers contained in the Enabling Act, Minnesota Statutes, Sections 469.090 to 469.108. 2. The Authority may exercise all of the powers contained in the Housing Act, Minnesota Statutes, Sections 469.001 to 469.047. 3. The Authority may exercise all of the powers of an Agency contained in the Development Act, Minnesota Statutes, Sections 469.124 to 469.1.34. 4. The Authority may exercise all of the powers of a redevelopment agency contained in the Industrial Bond Act, Minnesota Statutes, Sections 469.152 to 469.165. 5. The Authority may exercise all of the powers of a city contained in the Housing Finance Act, provided authorized to do so by ordinance of the Council pursuant to Section 462C.02, Subdivision of 6 of the Housing Financing Act. 6. The Authority may exercise all of the powers of an Authority contained in the Tax Increment Act, Minnesota Statutes, Section 469.174 to 469.179. 7. The Authority may exercise such powers as may be contained in other laws applicable to economic development authorities or housing and redevelopment authorities not specifically described herein. ARTICLE NINE - LIMITATION OF POWERS 1. The Authority shall not inure any bonds without the prior approval of the City Council. 2. The Authority shall not participate as a limited partner in a development project without the prior approval of the City Council. 3. All official actions of the Authority must be consistent with the adopted Comprehensive Plan of the City and with any official controls adopted by the City Council to implement the Comprehensive Plan. EDABYLAW.DOC - 5 - .~_.- ........~"--"..._--..,...-- 4. The Authority must submit a comprehensive description of its administrative structure and management practices and all amendments thereto to the City Council for approval within 30 days of adoption. ARTICLE TEN - ANNUAL REPORT AND BUDGET 1. The Authority shall prepare an annual report describing its activities and providing an accurate statement of its financial condition. The annual report shall be prepared and submitted to the City Council by March 1 each year. 2. The Authority shall prepare an annual budget projecting anticipated expenses and sources of revenue. The annual budget shall be prepared and submitted to the City Manager of the City of Prior Lake by September 1 each year. 3. The financial statements of the Authority must be prepared, audited, filed and published in the manner required for the financial statements of the City of Prior Lake. The financial statement must be filed with the state auditor by June 30 of each year. ARTICLE ELEVEN - NOTICES 1. Whenever the provisions of an applicable statute or these Bylaws require notice to be given to any Commissioner or officer, the provisions shall not be construed to mean personal notice unless explicitly stated; such notice may be given in writing by U.S. Mail, in a postage-paid, sealed wrapper, addressed to the Commissioner or officer at his or her address as appears in the books of the Authority, and the time when the notice is mailed shall be deemed to be the time of the giving of such notice. 2. In the case of special meetings, the presence of any member of the commission at a special meeting shall constitute a waiver of any formal notice of the meeting unless the commissioner attends for the specific purpose of objecting to the holding of such meeting. ARTICLE TWELVE - STAFF 1. The City Manager, who shall act as Execu'tive Director to the Authority, shall utilize City staff as needed for carrying out the purposes of the Authority. 2. In addition, the City Manager as specified and directed by the Board of Commissioners may retain such additional professional assistance as may be necessary to ensure the proper and efficient operation of the Authority. EDABYLAW.DOC - 6 - ARTICLE THIRTEEN - SEAL 1. The official seal of the Authority shall be, the same as the official seal of the City of Prior Lake. ARTICLE FOURTEEN -INDEMNIFICATION 1. The Authority shall have the power to indemnify any persons, whether officers, Commissioners, employees, agents or other persons acting for or on behalf of the Authority in respect to any and all matterg or actions for which indemnification is permitted by the laws of the State of Minnesota, including, without limitation, liability for expenses incurred in defending against actions commenced or threatened. 2. In the discretion of the Commissioners, the Authority may purchase and maintain insurance against claims arising out of events and made or threatened against persons described in Section 1 above, whether or not the Authority has the power to indemnify such person under the laws of the State of Minnesota. ARTICLE FIFTEEN - AMENDMENT OF BYLAWS 1. Alterations, amendments or repeal of the Bylaws may be made by a majority of the Commissioners entitled to vote at any meeting, if the notice of such meeting contains a statement of the proposed alteration, amendment or repeal. Notice of any alteration, amendment or repeal of the Bylaws shall be given in writing to each Commissioner at least ten (10) days prior to the meeting at which said proposed alteration, amendment or repeal shall be considered. ARTICLE SIXTEEN - MISCELLANEOUS 1. All meetings of the Authority shall be governed by City Council Bylaws. 2. The Authority shall adopt and maintain a conflict of interest policy as set forth in the City Council Bylaws which shall be applicable to all actions to be taken by the Commissioners or officers. EDABYLAW.DOC - 7 - FFB-13-1996 16:06 FROM ADUANCE INC. TO PRIOR LAKE-CITY P.03 AGREEMENT BETWEEN CnY OF PRIOR LAKE AND ADVANCE RESOURCES FOR DEVELOPMENT, INC. WHEREAS, this AGREEMENT is made and entered into this _ day of FebNary. 199s. by and between the City of Prior lake, 18200 Eagle CrHk Ave. S.E., Prior Lake, MN 55372-1714 (hereinafter refarred to as the -cUENT") and Advance Resources for Development, tnc" a Minnesota Corporation with offices at 201 N. Broad, Suite 310, Mankato, UN 56001 (horoinaftor referred to as the .CONSULTAN'-',; and WHEREAS, THE CUENT desires to engage the services of the CONSULTANT to fumish technical and profltssional assistance in connection wtth the Highway 13 Redevelopmont Project (the .PROJEC". These services shall include 1) Financial analysis and preparation of a report on PROJECT costs and economic: viability, 2} coordination with City Staff and private developers,3) negotiation of property acquisition and relocation, 4) creation of a f'edevelopment Tax Increment District, and 5) drafting and execution of a development agreement detailing commitments betwaen city and private developers for implementation of PROJECT. WHEREAS. the CONSULTANT represents that it is familiar with economic issues, programs and regulations governing the PROJECT and is qualified and willing to provide such assistance. NOW THEREFORE, the parties hereto do mutually agree as follows: A. ScoDe of Consultant's Services The CONSULTANT agrees to perform in a good and professional manner the fallowing services: 1. Financial analysis and preparation of a report en PROJECT costs and economic viability. 2. Coordinate with City Staff and private developers. 3. Negotiation of property acquisition and relocation, 4. Creation of a Redevelopment Tax Increment district . 5. Crafting and execution of a development agreement detailing commitments between city and private developers for implementation of PROJECT, These services are ouUined in greater detail in Appendix A, a copy of Which ;s attached hereto and incorporated in this AGREEMENT. Page 1 of 3 FEB-13-1996 16:06 FROM RDVANCE INC. TO PRIOR LAKE-CITY P.04 B. Services to be Provided bv the Client In tho event that any information, data, reports, records, and maps are uisting and available and are usoful for carrying out the work on this PROJECT, this information shall be promptly furnished to the CONSULTANT. Speemc services and materials to be pravided by the CUENT are outlined in Appendix B, a copy of which is attached heroto and Incorporated in this AGREEMENT. C. MeetinQs and ReDCrts The CONSULTANT shall during the duration of this contract, attend the necessary meetings to successfully structure, negotiate and implement tho PROJECT. The CONSULTANT shall provide sufficient copies of proposed documents to the CUeNT for meeting purposes. Sufncient copies of any final documents shall be preparod to ensure that the CUENT can meed its obligations for fiUng said documents. The CONSULTANT shall prov;de regular status reports to CUENT to ensure that they remain informed as to the status of the PROJECT. D. Chanaes in Scope of Service The CUENT may request of the CONSULTANT changes in the Scope of Services to bo porformed hereunder. Changes which are mutually agreed upon by and between the CUENT and the CONSULTANT, including any appropriate increase or decrease in the amount of compensation, shan be incorporated in written amendments to this AGREEMENT. E. Consultant's Comcensation The CONSULTANT shall be compensated on the following basis: up to an amount not to exceed thirty thousand ($30,000) as referenced under F below for CONSULTANT time and expenses inCluding travel within the State of Minnesota, general out-of-pocket expenses and printing. F. Method of Payment The CONSULTANT shall be paid up to an amount not to exceed thirty thousand dollars ($30,000) upon completion of the fallowing: ,. $7,000 for activities Identified in Appendix A, Step I. This amount shall be due upon initiation of the contract. The prOduct of this effort shall b. presentation of a report to the CUENT which identifies redevelopment options. puts forth a recommendation for financing and delineates responsibilities and timetlness for various actions. 2. An additional $7,000 shall be due and payable if the CUENT elects to proceed with the PROJECT and authorizes preparation of documents for financing public costs (e.g.land acquisition, infrastNcture, demol1tion and relocation) and a devefopment agreement with private developer(s) to implement the PROJECT. 3. The balance of the contract shall be due and payable upon execution of a development agreement with private developer(s) and city council approval to implementthe PROJECT. Page 2 of 3 FEE-13-1996 16:07 FROM ADVANCE INC. TO PRIOR LAKE-CITY P.05 G. Time of Performance The services at the CONSULTANT will begin upon delivery to the CONSULTANT of an executed copy of this AGREEMENT and shall, absent at causes beyond the contral of the CONSULTANT, be completed within the fallowing time frame, unless otherwise mutLlal1y agnted betw8en the CONSULTANT and the CUENT. . Initial analysis and presentation of a report identifying redevelopment options will be completed within 60 days. . Final negotiations, preparation of financing documents and development agreements enabling implementation of PROJECT are expected to be completed within 120 days. H. Hold Hannlns CONSULTANT hereby agrees to indemnify and hold CUENT harmless from all claims or liability including attomeys' fees arising out of the professional services furnished under this contract. providing that such claims or liability is the result of a negligent ad, error or omission of the CONSULTANT and/or its employees/agents arising out of the professional services described in the contract. I. Other Provisions The CUENT. and the CONSULTANT agree to the terms and conditions outlined in Appendix C, a copy of which is attached hereto and incorporated in this AGREEMENT. IN WITNESS WHEREOF, the CUENT, and the CONSULTANT have executed this AGREEMENT on the date and year ftrst above written. CONSULTANT: cueNT: ADVANCE RESOURCES FOR DEVELOPMENT, INC. By:q~n~ Its: Partner CllY OF PRIOR LAKE By: Lydia Andren Its: Mayor By: Frank Boyles Its: City Manager Page 3 of 3 FEB-13-1996 16:07 FROM RDURNCE INC. TO PRIOR LRKE-CITY P.06 APPENDIX A The PROJECT involves approximately 3D acres of land situated east at and adjacent to Highway 13 between Franklin Trail and Duluth Streets in Prior Lake, MN. The CONSULTANT shall perform the following services to assist the CUENT in structuring, negotiating and implementing a Highway 13 Redevelopment Project (the .PROJECT"). Such assistanco involves undertaking the following activities: 1. Research. analyze and make recommendations on a1fcrdability and financing of the PROJECT. The following tasks are anticipated to futfill this objective: Conduct research to determine costs of land acquisition, infrastNcture improvements, demolition, relocation and extent of priVate sector participation. Upon completion of this research and identification of costs and tlmefr&mes associated with these resources the CONSULTANT will present the CLIENT with a written report detailing financing options and recommended strategies. Once concurrence has been reached with the CUENT and regarding a specific redevelopment and financing strategy, the CONSULTANT will identify a schedule for implementation. 2. Prepare, assist and/or coordinate the drafting and submission of applications or other technical documents necessary to secure commitments for the implementation of this PROJECT. To accomplish these objectives the following tasks are anticipated: Negotiate land acquisition and secure executed purchase agreements with appropriate parties. Address relocation issues to the CUENrS satisfaction. Prepare tax Increment 1Inanclng documents and obtain necessary approvals. Prepare and execute development agreements between City and priVate developers. Prepare or assist With the preparation of hearing notices, resolutions, commitment letters or other correspondenee necessary to the successful completion of the redevelopment PROJECT. Attend all public hearings, public meetings and other meetings necessary for implementation of redevelopment PROJECT. Maintain ongoing communication with the CUENT regarding any changes or new opportunities which could impact the PROJECT. The CUENT and CONSULTANT mutually agree that it is the intent to promote and implement redevelopment of an approximate 30 acre parcel east of and adjacent to Highway 13 between Franklin Trail and Duluth Street. However, approximately 18 acres of this property are presently owned by Neil Soderman (or his affiliates). The ability to incorporate this parcel as part of the redevelopment PROJECT shall be impacted by ability of private developers to acquire the property from Neil Soderman. In the event that the City and private developers are unable to affordably acquire the Soderman property the PROJECT will be restricted to the balance of acreage in the area identified for redevelopment. FEB-13-1996 16:08 FROM ADVANCE INC. TO PRIOR LAKE-CITY P.07 APPENDIX B INFORMATION AND SERVices TO BE PROVIDED BY THE CUENT The CUENT agrees to prcvtde the following inforrnatlon and services to the CONSULTANT on a timely bacia. The completion of sorvices to be perfannllCl by the CONSULTANT under the AGREEMENT is contingent upon the timely receipt from the CUENT, at no cost to the CONSULTANT, the services. data, and reports described in this attachment The information and saNtC8S to be provided are Identified in the follawing paragraphs. 1. The CLIENT shall be available on a day..tc-day basis to ensure timely progress of the PROJECT. 2. The CUENT shall assist in the arrangement of meetings With public ofticials and other appropriate public agencies. 3. The CUENT shall obtain any property appraisals necessary for the acqui$ition of priVate property by the CLIENT. 4. The CUENT shall obtain any legal. engineering or financial underwriting services necossary to complete the PROJECT. FEE-13-1996 16:08 FROM ~DV~NCE INC. TO PRIOR L~KE-CITY P.08 APPENDIX C OTHER PROVISIONS 1. Termination. The CUENT and the CONSULTANT shall have the right to terminate the AGREEMENT by 10 days written notice (cenified mail) to the other party. In such event, all flnished and unfinished documents and work papers prepared by the CONSULTANT shall becorne the property of the CUENT, and the CONSULTANT shall receive just and equitable compensation and reimbursement for the work undertaken to the date elf termination. If CUENT does not exercise the option to claim such documents and work papers as Its property. then no fee shall be payable. 2. Excusable Delavs. The CONSULTANT shall not be in default by any reason of any failure in performance of this AGREEMENT in accordance with its terms, if such failure arises out of causes beyond the control and without default or negligence of the CONSULTANT. :So Extra Work. If requested and authorized in writing by the CLIENT, the CONSULTANT win be available to furnish or obtain from others. additional services. The cost and schedule for completing extra work authorized by the CLIENT shall be subject to negotiation between the CUENT and the CONSULTANT. 4. FindinQs Prooertv of Client. All finished or unfinished documents, data, surveys, studies, drawings, maps, models, photographs, and reports prepared by the CONSULTANT shall at the option of the CUENT, become the CUENiS property. 5. Conftict of Interest. The CONSULTANT certifies to the best of his knowledge that no CUENT employee or employee or officer 01 any public agency interested in this AGREEMENT has any pe- cuniary interest in the business of the CONSULTANT or the AGREEMENT, and that no person associated with the CONSULTANT has any interest that would conflict in any manner or degree with the performance of the AGREEMENT. 6. ComDliance with Laws. The CONSULTANT shan at all times observe and comply with all laws. ordinances and regulations at the state, federal, local and city government which may in any manner affect the performance of the AGREEMENT. 7. Personnel. All of thQ services will be performed by the CONSULTANT. The CONSULTANT represents that it has, or will securo at its own expense. all personnel required to eany out and perform the scope of services 01 this AGREEMENT. Such personnel shall be fully qualified. 8. lndecendent Contractor. The relationship of the CONSULTANT to the CUENT is that of an independent contractor. Nothing in this AGREEMENT shall be constNed so as to deem any employee or agent 01 the CONSULTANT an employee of the CUENT fer any purpose. TOTAL P.08