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2007-07-11 CC
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2007-07-11 CC
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7/9/2007 11:45:09 AM
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<br />ARTICLE m <br /> <br />ACQUIsmON, FINANCING AND CONSTRUCTION PLANS <br /> <br />Section 3.1. Development Proposal Generally. The City selected the Developer as the <br />exclusive developer to work with the City to implement the concepts contained in the Master <br />Plan for the revitalization and redevelopment of the Project Area. The Project Area property, <br />encompassed by the Master Plan, is the Development Property and consists .of the City Property <br />and the Acquisition Property. The City owns the City Property. Multiple parties own the <br />Acquisition Property. The City determined that the Developer's proposal for the redevelopment. <br />of the Development Property is in the best interests of the City and the City's residents and that, <br />therefore, the City is willing to sell the City Property to the Developer for the sum of $420,000, <br />and assist the Developer by using its best efforts to acquire the Acquisition Property, if requested <br />by the Developer. Furthermore, the City agrees to use its best efforts to obtain and provide <br />certain funding, including but not limited to Tax Increment generated by the Minimum <br />Improvements, to offset a portion of the Developer's costs, all as provided for in this Agreement. <br />Due to the high cost of acquiring and redeveloping the Development Property, the City has <br />determined that the Minimum Improvements would not be constructed without the financial <br />participation of the City as proposed by the Developer. Generally, the City and Developer intend <br />that during the term of this Agreement they will endeavor to do the following: <br /> <br />(a) <br />Phases; <br /> <br />Further refine the plans for the development of the various Phases and Sub- <br /> <br />(b) Attempt on a voluntary basis to secure control of the Development Property <br />through the negotiation of options or purchase agreements with the owners thereof; <br /> <br />(c) Identify those Parcels of the Development Property that they will be unable to <br />acquire on a voluntary basis; <br /> <br />(d) Analyze the financial feasibility of the development of the Minimum <br />Improvements and Public Improvements, including the amount of any necessary public financial <br />assistance; and <br /> <br />(e) Identify the sources of available funds to be used to provide the identified <br />necessary public financial assistance. <br /> <br />(t) Analyze the applicability of the Minnesota Business Subsidy Law, Minnesota <br />Statutes, sections 116J.993 to 116J.995. <br /> <br />Section 3.2. Development Proposal Specifically. The Developer and City have <br />analyzed the Developer's proposed development of Phase I and, subject to Section 3.2(d), the <br />Developer has committed to undertake the development of that Phase, subject to the terms of this <br />Agreement. The City ;and Developer intend that during the term of this Agreement they will <br />endeavor to reach a final agreement on the following for each Sub-Phase of each applicable <br />Phase, prior to proceeding with the next Phase: <br />10 <br />
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