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REQUEST FORCOUNCIL ACTION <br />Date:11-10-14 <br />Item No.: <br />13.b <br />___________________________________________________________________________________ <br />Department Approval City Manager Approval <br />____________________________________________________________________________________ <br />Item Description: Proceed to Closing for Property Locatedat 2959 Hamline Avenue North <br />____________________________________________________________________________________ <br />1BACKGROUND <br />2A 3.32 acre parcel of property located at 2959 Hamline AvenueNorthadjacent to Autumn Grove Park <br />3is currently owned by IndependentSchool District No. 621. This property is identified in the Parks and <br />4Recreation Renewal Program for acquisition. <br />5 <br />6On April 21, 2014, the City entered into a Purchase Agreement(attached)with Independent School <br />7District No. 621 to purchase real propertyat 2959 Hamline AvenueNorthfor $415,000. <br />8 <br />9The Purchase Agreement provides that the City shall have a 90 day “Due Diligence Period”following <br />10the signing of the Purchase Agreement to determine, among other things, the environmental condition <br />11of the property, whether the City can obtain a No Association Determination, No Further Action, and <br />12other written assurances from the Minnesota Pollution Control Agency pertaining to the property, and <br />13whether the condition of the title to the property is satisfactory to the City. The 90 day Due Diligence <br />14Period was extended to August 19, 2014, pursuant to an option to extend contained in the Purchase <br />15Agreement. <br />16 <br />17An amendment was agreed to by the School District and approved by the City Council on August 11, <br />182014to extend the “Due Diligence Period”until December 31, 2014 to allow further investigation and <br />19complete the Proceedings Subsequentaction to remedy the title issues which existwith respect to the <br />20property. <br />21 <br />22An application has been submitted to the MPCA VoluntaryInvestigation and Cleanup (VIC) Program <br />23in order to secure aNo Association Determination and ultimately a No Further Action on the remaining <br />24groundwater issue. <br />25 <br />26During the Due DiligencePeriod, severalmeetings with the Minnesota Pollution Control Agency <br />27(“MPCA”) have been held and considerable document review and investigation has been conducted <br />28with respect to the environmental condition of the property. As a result of these activities, it has been <br />29determined that: <br />30 <br />31a.The property has been the subject of environmental investigation since 1992. <br />32 <br />33b.The School District, after finding environmental contamination on the property, applied to <br />34the Minnesota Pollution Control Agency (“MPCA”) Voluntary Investigation and Clean-Up <br />35Program (“VIC Program”). <br />36 <br />Page 1of <br />2 <br />