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to city <br /> of <br /> BRIN Report Number 13-137 <br /> (HTON Agenda Section VIII-2 <br /> the city that works for you Council Meeting Date June 11,2013 <br /> REQUEST FOR COUNCIL CONSIDERATION <br /> ITEM DESCRIPTION: Resolution authorizing execution of a Contract for Private <br /> Redevelopment by and between the City of New Brighton and Pulte Homes of Minnesota, LLC for <br /> the sale and redevelopment of land in New Brighton Exchange. <br /> DEPARTMENT HEAD'S APPROVAL: Grant Fernelius, Community Development Director <br /> CITY MANAGER'S APPROVAL: <br /> ,4b <br /> No comments to supplement this report Comments attached <br /> Recommendation: Resolution authorizing execution of a Contract for Private Redevelopment <br /> by and between the City of New Brighton and Pulte Homes of Minnesota, LLC for the sale and <br /> redevelopment of land in New Brighton Exchange. <br /> Legislative History: See report for additional background information on project history. <br /> Financial Impact: See report for additional information on the financial impact of this proposal. <br /> Explanation: <br /> Pulte Homes (Pulte) originally approached the City in April 2012 about interest in a 27 acre tract <br /> of land in New Brighton Exchange (Block I) for a potential single-family development. Council <br /> directed staff to work with the Planning Commission and EDC to seek feedback on Pulte's <br /> proposal, due to the fact that it was a departure from previous guide plans which called for much <br /> higher density townhomes and condominiums. That effort took place in the summer of 2012 and <br /> both groups expressed interest in the concept. <br /> Eventually, Pulte and the City entered into an Exclusive Negotiations Agreement that gave the <br /> company until October 31, 2012 to investigate the site. It is not clear how much due diligence <br /> work was actually done, since the company did not do any environmental or geo-technical <br /> testing. Pulte subsequently submitted a Letter of Intent to purchase the site and then met with the <br /> City Council last December to discuss their offer. Pulte indicated at the time that they wanted a <br /> more formal agreement with the City before investing substantial resources in additional testing <br /> and due diligence efforts. <br /> Typically, the City uses a term sheet to start the negotiations, which then becomes the framework <br /> for a more comprehensive redevelopment agreement. Pulte is used to working with private <br /> parties and standard purchase agreements, so the two sides had to compromise on the form of <br /> agreement to keep the process moving along. As previously reported, we have been working on <br /> a Redevelopment Agreement that outlines the business terms and legal issues. Due to time <br /> constraints, Pulte would like to have the agreement presented to the City Council on Tuesday <br /> night and, if approved, start the site investigation process/due diligence phase shortly thereafter. <br /> I:\COUNCIL\REPORTS\2013\Community Development\6-11-2013Tulle Redevelopment Agreement doc(Staff Report- <br /> V 10).doc <br />