121001 EDA AgP
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CITY OF SHOREWOOD
ECONOMIC DEVELOPMENT AUTHORITY MEETING
MONDAY, DECEMBER 10,2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:00 P.M. or immediately following
Regular Councll meeting
AGENDA
1. CONVENE Ec:ONOMlC DEVELOPMENT AUTHORITY MEETING
A. Roll Call
President Love
Garfunkel
Lizee
Zerby _
Turgeon _
B. Review Agenda
2. APPROVAL OF MINUTES
A. EDA Minutes of October 22,2001 (Att.-#2A Minutes)
3. NEW BUSINESS
A. Agency Agreement for Public Safety Facilities (Att.-#3A)
4. OTHER BUSINESS
5. ADJOURN
CITY OF SHOREWOOD
ECONOMIC DEVELOPMENT AUTHORITY MEETING
MONDAY, OCTOBER 22,2001
5755 COUNTRY CLUB ROAD
COUNCIL CHAMBERS
8:00 P.M. or immediately following
Regular meeting
MINUTES
1. CONVENE ECONOMIC DEVELOPMENT AUTHORITY MEETING
President Love called the meeting to order at 8:34 P.M.
A.
Roll Call
Present:
President Love; Commissioners Garfunkel, Lizee, Turgeon, and Zerby; Executive
Director Dawson; Assistant Director Nielsen; Assistant Treasurer Burton; and Attorney
Neal J. Blanchett, of Larkin, Hoffman, Daly, and Lindgren, Ltd. for Attorney Keane
Absent:
None
B.
Review Agenda
President Love reviewed the Agenda, and without objection from the Board, moved forward with the
meeting.
2. APPROVAL OF MINUTES
A. EDA Minutes of October 8, 2001
Zerby moved, Turgeon seconded, approving the EDA Meeting Minutes of October 8, 2001, as
presented. Motion passed 5/0.
3. NEW BUSINESS
A. Reimbursement Resolution
Executive Director Dawson explained the City of Shorewood had expended funds, with City Council
approval, on behalf of the Excelsior Fire District Project. This action was undertaken with the intent that
the City would be reimbursed for these expenditures from the proceeds of the sale of bonds by the
Shorewood Economic Development Authority for this project next spring. As a result, this matter was
placed on this Agenda for review and consideration.
Garfunkel moved, Zerby seconded, adopting RESOLUTION NO. 01-001, "A Resolution Declaring
the Official Intent of the Shorewood Economic Development Authority to Reimburse Certain
Expenditures from the Proceeds of Bonds to be Issued by the Authority." Motion passed 5/0.
4. OTHER BUSINESS
There was no other business for consideration this evening.
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ECONOMIC DEVELOPMENT AUTHORITY
OCTOBER 22, 2001
Page 2of2
5. ADJOURN
Zerby moved, Turgeon seconded, adjourning the October 22, 2001, Shorewood Economic
Development Authority Meeting at 8:35 P.M. Motion passed 5/0.
RESPECTFULLY SUBMITTED,
Sally Keefe,
Recording Secretary
Woody Love, President
Craig W. Dawson, Executive Director
SHOREWOOD ECONOMIC DEVELOPMENT AUTHORITY
5755 Country Club Road Shorewood, Minnesota 55331-8927
(952) 474.3236
TO:
FROM:
DATE:
SUBJECT:
Shorewood Economic Development Authority Commissioners
Craig W. Dawson, Executive Director I\~
December 6, 2001 VV
Cooperative Agreement with EFD and SLMPD
The scope of the public safety facilities project is now better defined, as all of the member cities of
the South Lake Minnetonka Police Department (SLMPD) have made commitments to the
construction of a new police station with the Excelsior Fire District (EFD) main station at 24140
Smithtown Road. A decision on the east-side station site, which will be located in the City of
Deephaven, is imminent.
In order for the project to be expedited, the EDA should enter into a three-party cooperative
agreement with the EFD and SLMPD. Bond counsel has prepared an agreement that has been
reviewed and found to be satisfactory by all parties and their attorneys. Under this agreement,
. The fire and police districts would be able to engage architectural, engineering, and
related services for the new facilities. The EDA would be able to participate in this
process.
. The costs incurred by the EFD and SLMPD would be reimbursable through proceed from
financing arranged by the EDA. Should the project not be built, however, the EFD and
SLMPD would be responsible for the costs incurred.
. The EDA will be the party responsible for preparation of bid documents and award of
bids. In practicality, the EFD/SLMPD architect would prepare bid documents per
direction of the EFD and SLMPD governing boards; award of the bids would be made by
the EFD after receiving the recommendations of the EFD and SLMPD governing boards.
With regard to the west-side public safety site, it is anticipated that a condominium-type arrangement
will be made for the fire and police portions of the property. The EDA will remain the
owner/landlord until fmancing is retired, but the tenants would be responsible for all necessary
maintenance, repairs, and improvements. With regard to the east-side fire station, the EDA and the
City of Deephaven will need to enter into a cooperative agreement for construction of this facility. A
cooperative agreement similar to this agenda item will need to be executed between the EDA,
Deephaven, and EFD.
RECOMMENDATION:
Staff recommends that the Shorewood Economic Development Authority approve and
authorize execution of the Cooperative Agreement with the Excelsior Fire District and the
South Lake Minnetonka Police Department related to the planning and construction of new
public safety facilities.
=1t ~3 It
COOPERATION AGREEMENT
TIDS AGREEMENT, entered into as of this _ day of , 2001, by and among
the Shorewood Economic Development Authority, a public body corporate and politic under the
laws of the State of Minnesota (hereinafter called "EDA"), the Excelsior Fire District, ajoint powers
organization under the laws of the State of Minnesota (hereinafter called "Fire District"), and the
South Lake Minnetonka Police Department, a joint powers organization under the laws of the State
of Minnesota (hereinafter called "Police Department").
WI1NESSETH:
WHEREAS, pursuant to Minnesota law, including but not limited to Minnesota Statutes,
Sections 469.041, 469.101, and 471.59, the EDA, the Fire District, and the Police Department are
authorized to enter into agreements permitting cooperation on certain matters; and
WHEREAS, the EDA is in the process of arranging lease-purchase fmancing for the
construction and equipping of two fire stations to be owned by the EDA and utilized by the Fire
District (the "Fire Project") and a police station to be owned by the EDA and utilized by the Police
Department (the "Police Project"); and
WHEREAS, the EDA desires to engage the Fire District and the Police Department to
render certain assistance in connection with the Project;
NOW, THEREFORE, for and in consideration of the mutual covenants and agreements
herein set forth, the EDA, the Fire District, and the Police Department do hereby agree as follows:
1. The Fire District shall participate in selection of architecture, engineering, and
related services, and in the development, review, and approval of construction, design, budget, and
other related plans, all with respect to the Fire Project.
2. The Police Department shall participate in selection of architecture, engineering, and
related services, and in the development, review, and approval of construction, design, budget, and
other related plans, all with respect to the Police Project.
3. The EDA shall participate in selection of architecture, engineering, and related
services, and in the development, review, and approval of construction, design, budget, and other
related plans for the Fire Project and the Police Project. The EDA shall further undertake to prepare
bid documents and award bids for the Fire Project and the Police Project in accordance with
applicable law.
4. This Agreement shall commence as of the date of its execution, and shall continue
until the date the EDA notifies the Fire District and the Police Department that the EDA is
terminating this Agreement.
5. Until such time as the EDA receives the proceeds of tax-exempt bonds issued to
finance the Fire Project and the Police Project (the "Bonds"), and provided that nothing herein shall
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obligate the EDA to issue the Bonds or undertake any other financing of the Fire Project or the
Police Project, the Fire District will payor reimburse the EDA for all fees, costs, and expenses
charged by third-parties with respect to the Fire Project (the "Reimbursable Fire Costs") and the
Police Department will payor reimburse the EDA for all fees, costs, and expenses charged by third-
parties with respect to the Police Project (the "Reimbursable Police Costs"). It is the intent of the
EDA that proceeds of the Bonds will be used to, among other things: (a) reimburse the Fire District
for the Reimbursable Fire Costs and upon the sale of the Bonds, the EDA will promptly reimburse
the Fire District for the Reimbursable Fire Costs upon presentation by the Fire District of evidence
that the Reimbursable Fire Costs were incurred and paid; and (b) reimburse the Police Department
for the Reimbursable Police Costs and upon the sale of the Bonds, the EDA will promptly
reimburse the Police Department for the Reimbursable Police Costs upon presentation by the Police
Department of evidence that the Reimbursable Police Costs were incurred and paid.
Notwithstanding the foregoing, if for any reason the Bonds are not issued, the EDA shall have no
obligation to reimburse the Fire District for any or all of the Reimbursable Fire Costs or to
reimburse the Police Department for any or all of the Reimbursable Police Costs.
6. The Fire District shall remain solely liable for all Fire District staff salaries and
benefits, costs of equipment and facilities owned by the Fire District, and all other Fire District costs
and expenses except as set forth in Section 5. The Police Department shall remain solely liable for
all Police Department staff salaries and benefits, costs of equipment and facilities owned by the
Police Department, and all other Police Department costs and expenses except as set forth in
Section 5.
7. Neither the Fire District nor the Police Department shall acquire any real or personal
property on behalf of the EDA.
8. Nothing in this Agreement shall be construed to waive or limit any limitation on or
immunity from liability to which the EDA, the Fire District, the Police Department, any member
city of the Fire District or the Police Department, or any officer, agent, or employee of the foregoing
is entitled under Minnesota Statutes, Chapter 466 or otherwise.
9. All notices or demands required or permitted to be given under this Agreement shall
be in writing and shall be deemed to be given when delivered personally to any office of the party to
which notice is being given, or when deposited in the United States mail in a sealed envelope with
registered or certified mail postage prepaid thereon addressed to the parties at the following
addresses:
To EDA:
Shorewood Economic Development Authority
Attn: Executive Director
5755 Country Club Road
Shorewood, Minnesota 55331
To Fire District:
Excelsior Fire District
Attn: Fire Chief
339 3rd Street
Excelsior, Minnesota 55331
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To Police Department:
South Lake Minnetonka Police Department
Attn: Police Chief
810 Excelsior Boulevard
Excelsior, Minnesota 55331
Such addresses may be changed by any party upon notice to the other parties given as herein
provided.
10. This Agreement may be modified only by a writing properly approved and executed
by all of the parties hereto.
IN WITNESS WHEREOF, the Shorewood Economic Development Authority, and the
Excelsior Fire District, and the South Lake Minnetonka Police Department have executed this
Agreement as of the date first above written.
SHOREWOOD ECONONUC DEVELOPMENT
AUTHORITY
By
Its
By
Its
EXCELSIOR FIRE DISTRICT
By
Its
By
Its
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.
.
SOUTH LAKE MINNETONKA
POLICE DEPARTMENT
By
Its
By
Its
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SH230-33
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