II. 2. ITEM 2016-14 Amended and restated parking lot improvement agreementNovember 9, 2016 HRA Report 2016-14
AMENDED AND RESTATED PARKING LOT IMPROVEMENT AGREEMENT
Proposed Action
Staff recommends adoption of the following motion: Move to approve the Amended and Restated
Parking Lot Improvement Agreement amongthe Hopkins HRA, the City of Hopkins and the George
R. Wolff Post No. 425, Veterans of Foreign Wars of the United States (VFW).
With this motion, it is understood that minor modifications can be made to the agreement that do not
affect the overall intent.
Overview
As part of the Shady Oak Road reconstruction project, the City of Hopkins received Community
Works funds to help offset the parking lost to the road project and create redevelopment
opportunities. One of the eligible activities under the grant agreement with Hennepin County is to
improve private parking lots.
Through the agreement, the VFW agreed to contribute a portion of the easement settlement under
the road project, totaling $96,000. Those funds were to be combined with Community Works funds to
fund the following improvements:
o Necessary water drainage structures.
o A modular block retaining wall (with a fence on top of it) on the west side of the existing
parking to support additional parking.
o Four light standards.
o Curb and gutter around the perimeter of the parking lot.
o New parking lot base and asphalt.
o Striping that meets all applicable city codes regarding minimum number of handicap
accessible stalls.
The project is now complete at a total cost of $254,100, but over the course of the project changes
were made to how the money was distributed and how the work was administered. The amended
agreement recognizes those changes.
Primary Issues to Consider
The major changes to the agreement include a change in project administration from the City of
Minnetonka to the City of Hopkins, and an acknowledgement that Hennepin County held back road
payment funds instead of releasing them to the VFW to be deposited with the City.
Supporting Documents
Amended and Restated Parking Lot Improvement Agreement
___________________________
Kersten Elverum
Director of Planning & Development
Financial Impact: $____0____Budgeted: Y/N ____ Source: ____________
Related Documents (CIP, ERP, etc.): __________________________________
Notes: ___________________________________________________________
AMENDED AND RESTATED
PARKING LOT IMPROVEMENT AGREEMENT
This Amended and Restated Parking Lot Improvement Agreement (the “Restated Agreement”) is
made and entered into by and between the Hopkins Housing and Redevelopment Authority, a
body corporate and politic under the laws of the state of Minnesota (the “HRA”), the city of
Hopkins, a municipal corporation under the laws of the state of Minnesota (the “City”), and the
George R. Wolff Post No. 425, Veterans of Foreign Wars of the United States, a Minnesota non-
profit corporation (“Post 425”).
RECITALS
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, 2013 (the “Prior
WHEREAS, the parties hereto entered into an agreement dated October 4
Agreement”), a copy of which is attached hereto as ExhibitA; and
WHEREAS, the Prior Agreement identified various roles and responsibilities of the parties with
respect to certain infrastructure improvements; and
WHEREAS, the parties’ roles under the Prior Agreement have significantly changed to the
extent that the parties hereby wish to enter into this Restated Agreement for the purpose of
amending and restating their agreement; and
WHEREAS,the parties desire to supersede the Prior Agreementwith respect to certain duties
and obligations contained therein.
NOW, THEREFORE, for good and valuable consideration, the adequacy and sufficiency of
which is expressly acknowledged herein, the parties hereto agree as follows:
1.Property. Post 425 is the fee owner of real property which is located at 100 Shady Oak Road,
Hopkins, Minnesota, and which is legally described in Exhibit B, attached hereto (the
“Property”).
2.Project Scope.In accordance with a road project, Hennepin County acquired certain right of
way near the Property. By separate agreement, Hennepin County agreed to pay Post 425
$233,200.00 for various easements over the Property. Based on various responsibilities to be
undertaken by the HRA under the Prior Agreement, Post 425 agreed to expend $96,000.00 for
improvements to parking lot improvements located on the Property.
3.Cooperative Agreement. The HRA had previously entered into a cooperative agreement with
the city of Minnetonka (“Minnetonka”), the Hennepin county housing and redevelopment
authority (“HCHRA”), the city of Hopkins (the “City”), and the Minnetonka economic
development authority (the “Minnetonka EDA”) (collectively the “Cooperative Agreement”).
th
Such Cooperative Agreement was dated November 16, 2012.
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4.Project Management. Whereas the Prior Agreement stated that Minnetonka would be the
project manager, the parties have agreed that the City of Hopkins will act as the project manager,
and has so acted since the project began. Therefore, the City of Hopkins shall undertake all
responsibilities, as reasonably practicable, as were assigned to Minnetonka under the Prior
Agreement.
5.Parking Improvements. All of the parking improvements, including timelines and
contingencies, contained in the Prior Agreement, shall be conducted by the City of Hopkins as
the project manager. To the extent possible, the City of Hopkins shall abide by the contract
terms set out in the Prior Agreement.
6.Payment. The Prior Agreement contemplated a lump-sum payment from Hennepin County to
Post 425 of $233,000, which amount represents a full and complete payment of the amounts due
under the Prior Agreement. However, Hennepin County has retained $96,000 from that amount,
which amount represents such amount as shall be used for the parking improvements. To receive
payment, the City must complete the necessary work, and then apply to Hennepin County for
reimbursement.
7.Grant of License. Post 425, in the Prior Agreement, granted to Minnetonka a license to use
the parking area delineated therein for purposes of constructing the parking improvements. By
executing this Restated Agreement, Post 425 grants to the City the same license, in all respects,
as that granted within the Prior Agreement.
8.Applicability of Prior Agreement. The parties hereto agree that the intent of this Restated
Agreement is to modify various critical terms related to the parking lot improvements. Because
of that, certain items contained in the Prior Agreement have been specifically amended herein.
However, where possible, the Prior Agreement shall remain in force and effect, with the changes
noted herein, specifically the change of responsibility with respect to project management
activities and payment. The parties further agree to give full effect, where reasonably possible,
to the terms and spirit of the Prior Agreement. Finally, where two provisions directly conflict
between the Prior Agreement and this Restated Agreement, this Restated Agreement shall
prevail.
9.Duty to Participate. Given the nature of the change in funding for the parking lot
improvements, whereby the City is required to complete the work and then seek reimbursement
from Hennepin County, Post 425 hereby expressly agrees that it will take any reasonable and
necessary steps to assist the City in securing such reimbursements. Should Post 425 fail to take
such reasonable and necessary steps, and the City is not reimbursed, Post 425 agrees to repay
those non-reimbursed amounts to the City.
\[Remainder of Page Intentionally Left Blank\]
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IN WITNESS WHEREOF, this RestatedAgreement has been executed by the parties hereto as
of the date set forth above.
HOPKINS HOUSING AND REDEVELOPMENT AUTHORITY
By:____________________________
Its:____________________________
By:____________________________
Its:____________________________
CITY OF HOPKINS
By:_____________________________
Molly Cummings
Its:Mayor
By:______________________________
Michael J. Mornson
Its:City Manager
GEORGE R. WOLFF POST NO. 425,
VETERANS OF FOREIGN WARS
OF THE UNITED STATES
By:____________________________
Its:____________________________
By:____________________________
Its:____________________________
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EXHIBIT A
PRIOR AGREEMENT
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EXHIBIT B
LEGAL DESCRIPTION OFPROPERTY
\[Insert Legal Description of Property\]
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