HomeMy WebLinkAbout20110118 - VIII-B-4City Council Memorandum
To: Mayor Hicks & City Councilmembers
From:John Hinzman, Community Development Director
Date:January 18, 2011
Item:Authorize Signature: Assignment and Assumption Agreement–Red Rock
Parking Lot
Council Action Requested:
The City Council is asked to authorize signature of the attached Assignment and Assumption
Agreement between the Hastings Economic Development and Redevelopment Authority
(HEDRA) and the Cityrelated to construction of the Red Rock Corridor Parking Lot on
Block 16.
Background Information:
The City Council authorized signature of a $600,000 grant agreement between the City and
Metropolitan Council on December 20, 2010. The Red Rock Rail Authority has approved the
use of the allocation for parking lot improvements in Hastings. The agreement would transfer
all grant responsibilities from the City to HEDRA since HEDRA is the property owner.
Financial Impact:
The City or HEDRA would need to fund the estimated $15,000 cost of
the parking lot not covered by the $600,000 allocation. The Ground Lease Agreement would
limit development during the next 40 years.
Advisory Commission Discussion:
HEDRA is scheduled to take action on the agreement at the January 13, 2011 meeting.
Council Committee Discussion:
N\A
Attachments:
Assignment and Assumption Agreement.
City of Hastings
101 Fourth Street EastHastings, MN 55033-1955p:651-480-2350f:651-437-7082www.ci.hastings.mn.us
ASSIGNMENT AND ASSUMPTION AGREEMENT
THIS AGREEMENT is made and entered into and effective as of ________, 2011 (the
“Effective Date”) by and between the City of Hastings, a Minnesota Municipal Corporation (the
“City”) and the Hastings Economic Developmentand Redevelopment Authorityin and for the
City of Hastings, a public body corporate and politic under the laws of the State of Minnesota
(the “HEDRA”).
RECITALS
WHEREAS, the City entered into a grant agreement (“Grant Agreement”) with the
MetropolitanCouncil (the “Council”) whereby the Council granted a portion of appropriated
state bond funds to the City for construction of a 100 space parking lot for the Red Rock
Corridor Transitway (“the Facility”).
WHEREAS, the Facility is to be constructed on real property owned by HEDRAwithin
the City of Hastings.
WHEREAS, the City desires to assign its rights and interests under the Grant Agreement,
and HEDRA desires to assume all obligations of the City under the Grant Agreement, to
accomplish constructionof the Facility upon HEDRA’s real property.
WHEREAS, the Grant Agreement provides that the City shall not assign, contract out,
sublet, subgrant, or transfer any grant project activities without receiving the express written
consent of the Council and such consent, if granted, may be conditioned on compliance by the
grantee with terms and conditions specified by the Council.
WHEREAS, the Council desires to consent to the City’s assignment of its rights and
interests under the Grant Agreement upon the conditionsthat HEDRA assume all obligations of
the City under the Grant Agreementand further that the City remain a party to the Grant
Agreement and primarily responsible for all performance of the City thereunder in the event any
such obligation is not performed by HEDRA.
NOW, THEREFORE, in consideration of the mutual terms and conditions contained
herein, the parties agree as follows:
1.The City assigns, subgrants and transfers to HEDRA all of the City’s right, title and
interest in the Grant Agreement, a copy of which is attached hereto as Exhibit A and
incorporated herein, subject to the limitations contained herein.
2.HEDRA accepts the assignment, subgrant and transfer of the City’s right, title and
interest in the Grant Agreement and assumes all obligations of the City to perform thereunder,
subject to the limitation contained herein.
3.The City and HEDRA acknowledge and agree the City shall remain a party to the Grant
Agreement and the City shall remain primarily responsible for all performance by the City
thereunder in the event any such obligation is not otherwise performed by HEDRA. Nothing
contained herein shall be construed to negate or terminate the contractual relationship between
the Council and the City created in the Grant Agreementnor shall it operate to prevent the
Council from exercising any remedies available to it under the Grant Agreement directly against
the City, including remedies for default by the City or HEDRA acting on its behalf.
IN WITNESS WHEREOF, the City of Hastings has caused this Assignment and
Assumption Agreement to be executed on its behalf by its Mayor and City Clerk and the
Hastings Economic Development and Redevelopment Authority has caused this Assignment and
Assumption Agreement to be executed on its behalf by its President, all effective as of the
Effective Date.
City of Hastings, a Minnesota
Municipal Corporation
By:____________________________
Paul J. Hicks, Its Mayor
By:____________________________
Melanie Mesko Lee
Its Assistant City Administrator and
City Clerk
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA)
The foregoing instrument was acknowledged before me this _____ day of ____________, 2011
by Paul J. Hicks, Mayor of the City of Hastings, a Minnesota municipal corporation, and by
Melanie Mesko Lee, Assistant City Administrator/City Clerk of the City of Hastings, a
Minnesota municipal corporation, on behalf of said municipal corporation.
_________________________________
Notary Public
Hastings Economic Development and
Redevelopment Authority in and for the
City of Hastings, a Public Body Corporate and
Politic under the Laws of the State of Minnesota
By:______________________________
Kurt Keena
Its President
STATE OF MINNESOTA)
) ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me on this_____ day of
________,2011by Kurt Keenathe Presidentof the Hastings Economic Developmentand
Redevelopment Authorityinandfor the City of Hastings, aPublic Body Corporate and Politic
under the laws ofthe State ofMinnesotaon behalf of the public body corporate and politic.
______________________________
Notary Public
CONSENT
The Metropolitan Council consents to the foregoing Assignment and Assumption Agreement
subject to the conditions and restrictions contained herein.
METROPOLITAN COUNCIL
By:____________________________
Its: Regional Administrator
Approved as to form:
____________________
Office of the General Counsel
STATE OF MINNESOTA)
) ss.
COUNTY OF RAMSEY)
The foregoing instrument was acknowledged before me on this _____ day of
________,2011by Thomas H. Weaver, Regional Administrator of the Metropolitan Council, a
political subdivision of the State of Minnesota, on behalf of said political subdivision.
______________________________
Notary Public
DRAFTED BY:
DANIEL J. FLUEGEL, Atty. Reg. #0303112
FLUEGEL LAW FIRM P.A.
999 Westview Drive, Suite 1
Hastings, MN 55033
Telephone: (651)438-9777
Facsimile: (651)438-9775
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