REDEVELOPMENT AGENCY OF BOUNTIFUL CITY 7:30 p.m. (Time approximate after the City Council meeting) Tuesday,.January 8, 2019 NOTICE IS HEREBY GIVEN that the Board of Directors of the Bountiful City Redevelopment Agency will hold a meeting at Bountiful City Hall, 790 South 100 East, Bountiful, Utah, at the time and date given above. The public is invited to attend. Persons who require special accommodations should contact Shawna Andrus, Executive Assistant, at Ifyou are not on the agenda, the Board ofDirectors will not discuss your item ofbusiness until a subsequent meeting. If you wish to have an item placed on the agenda, contact the Redevelopment Agency Director at (801)298-6190, at least 7 days before the scheduled meeting. (801)298-6140, at least 24 hours prior to the meeting. AGENDA 1. Welcome 2. Consider approval ofi minutes for November 13,2018. 3. Consider approval of Land Sale and Development Agreement, including the proposed $64,100.00 purchase price, between Bountiful City and Mike and Kristan Crouch for the Historic Day-Mabey Home located at 73 West 100 North, Bountiful. 4. RDA Director's report and miscellaneous business. Director C Pending minutes have not yet been approved by the Redevelopment Agency Committee and are subject to change until final approval has been made. BOUNTIFUL REDEVELOPMENT AGENCY Meeting Minutes of: Tuesday, November 13, 2018 Location: Present: City Council Chambers, Bountiful City Hall, 790 South 100 East, Bountiful, Utah Chairman - Randy Lewis; Board Members - Kendalyn Harris, Richard Higginson, John Marc Knight and Chris R. Simonsen; City Manager Gary Hill; City Attorney - Clinton Drake; Redevelopment Director - Chad Wilkinson; City Engineer - Lloyd Cheney 1. Chairman Randy Lewis opened the meeting at 8:35 p.m. and welcomed those in attendance. 2. Consider approval of minutes for. June 12, 2018. Mr. Higginson made a motion to approve the minutes for. June 12, 2018. Ms. Harris seconded the motion. A A A A A Mr. Lewis Ms. Harris Mr. Higginson Mr. Knight Mr. Simonsen Motion passed 5-0. 3. Consider approval of finalist for purchase and preservation of the Historic Day-Mabey Redevelopment Director Chad Wilkinson presented a summary of the staff report (the full The Redevelopment Agency purchased the property at 73 West 100 North on December 5, 2016 for the purpose of creating additional parking to support downtown redevelopment efforts. The property has an existing residence that was constructed between 1903 and 1906 and is identified as the Day-Mabey home in the Bountiful Historic District inventory. The residence is in disrepair and earlier in the summer the RDA received complaints from adjacent property owners related to use of the property by transients. Bountiful Police removed the individual who was using the rear oft the property as a temporary living area and the City initiated efforts to remove thel buildings on the site in order to prevent future impacts As a routine part of the demolition process, the City building department notified the Bountiful Historic Society of the pending demolition. The Historic Society expressed concern with the demolition of the home and asked the City to postpone the demolition. Home located at' 73 West 100 North, Bountiful. staff report follows). to adjoining properties from what had become an attractive nuisance. Redevelopment Agency. Minutes - November 13, 2018 Page 1 of5 While the City has no regulation preventing the demolition of an historic home, it was determined to be worthwhile tol look at other options prior to demolishing the building. After reviewing options available for preserving the existing home, the RDA Board directed staff to issue a request for proposals (RFP) in order to solicit offers for the purchase and renovation of the residence. Notice of this RFP was sent to members of the Bountiful Historical Preservation Foundation, and was published in the newspaper and posted to the City website. The City received two proposals by the November 1St deadline: one from Brian Knowlton representing Knowlton General and one from Michael and Kristan Crouch. The RFP included the following five evaluation criteria to be used in selecting a finalist for purchase oft the property: 1. The respondent's proposed use of the property. 2. The area oft the lot proposed for purchase. the home in a timely manner. 5. Proposed purchase price. 3. Proximity of the subject property to other land already owned by the respondent. 4. The respondent's 's ability, capacity, skill and financial capability to complete renovation of The City was fortunate to receive two very good proposals. Both proposals were submitted by individuals/companies with experience in renovating historic properties and both submitters appear to have the financial and technical capability to complete renoyation/restoration of the home in a timely manner. Where the proposals differ is the proposed use and the size of the property requested. The Crouch proposal indicates a proposed use as an office with the need for approximately 4,200 square feet ofl lot area. Since the Crouch family owns and operates their business from the adjacent property they are able toj propose a smaller lot area for purchase that could be combined with their existing property through a property line adjustment. Mr. Knowlton proposes a single family residential use for the property and seeks 8,000 square feet in order to create a compliant residential lot meeting the standards oft the downtown zone. The following table summarizes the proposals: Knowlton $146,000 8,000sf $18.25 No Yes Residential Yes Crouch $63,000 4,260sf $14.78 Yes Yes Office Yes Offer price Area proposed for purchase Offer price per SF Owns property adjacent properties Proposed use Stated financial capability Demonstrated ability to restore historic Redevelopment. Agency. Minutes - November 13,2018 Page 2 of5 One of the stated objectives of the RFP was to "Preserve the maximum amount of property for future parking to support the economic development of Downtown Bountiful." Both proposals include viable plans for restoration of the property. However, the Crouch proposal would preserve more property for downtown parking. Because the property boundaries could be easily adjusted to include the home within the existing parcel to the west, the sale could be limited to only those portions needed toj provide adequate setbacks for the home. This limited purchase area would be ideal and in keeping with the RDA plans for the property. The Crouch family are the neighboring property owners and have a strong vested interest in maintenance of the property. In addition, because the home would become a part of their overall property, they would retain ownership of the building after restoration which would increase the likelihood of long-term maintenance of the building. While the per square footage price of the offer submitted by the Crouch family is lower than that offered by Mr. Knowlton, the prospect of retaining additional property for parking means that the Crouch proposal is more consistent with the original plan for the property and the goals and objectives of the RDA with regard to the downtown. Both offers exceed the per square foot price paid by the RDA. For these reasons, RDA staff recommends that the Council select the Crouch family as the finalist to move forward with negotiations on purchase of the property and to finalize details for an agreement for completion of the renovation of the home. As stated in the RFP, if the RDA and the Crouch family are not able to come to an agreement on the details of the purchase and renovation of the home, the RDA will move to The proposed purchase offer would leave sufficient area to construct additional needed parking on the property while preserving and restoring the historic home. This would be a Mr. Wilkinson recommended that the Redevelopment Agency Board approve Michael and Kristan Crouch as the selected finalist and authorize staff tol begin negotiations on final price and terms of an agreement for purchase and restoration of the Day-Mabey Home. The final approval of a purchase and restoration agreement will come back to the RDA board for The board members had several questions and comments. Mr. Knight commented that the board was very clear when the property was purchased in 2016 that it would be used for additional parking to support downtown redevelopment efforts. Ms. Harris inquired regarding parking possibilities with the Crouch family proposal, and Mr. Wilkinson outlined potential parking. Chairman Lewis inquired regarding public availability under each proposal, and Mr. Wilkinson responded that a single family use would less likely allow for public availability (for historical purposes) versus office use. Mr. Knight asked if demolition of the house would be an option using either proposal, and Mr. Wilkinson responded that demolition would not be allowed to happen. Mr. Wilkinson explained that parking plans might be modified in order to meet legal requirements for setbacks, but that the goal will be to maximize the area to be utilized for parking and that could have an impact on the actual purchase price. Mr. Wilkinson noted that the city desires the selected finalist be comfortable with a completion deadline date as part of the terms of the agreement. Ms. Harris inquired regarding possible changes in square footage for parking, and Mr. Wilkinson explained that negotiations with the respondent in the second selection spot. positive impact for the Downtown zone. approval at a future meeting. Redevelopment Agency Minutes - November 13, 2018 Page 30 of5 setbacks might require modifications on the proposed parking area. Ms. Harris asked for clarification regarding Mr. Knowlton's area proposed for purchase, and Mr. Wilkinson explained that because Mr. Knowlton does not own property adjacent to the Day-Mabey Home that Knowlton would have to create a new minimum sized lot. Mr. Knight asked regarding the necessity of a quit claim deed, and Mr. Wilkinson explained that the City would need to come up with whatever would be required. A discussion ensued regarding possible future change of purpose for the property, and Mr. Wilkinson noted that the business office use would provide for the best likelihood of long-term maintenance of the home. Mr. Knight asked if there would be restrictions included in the agreement, and Mr. Drake explained that there would be a number of restrictions utilized to ensure that the property is utilized the way the finalist proposes to use it. Mr. Drake explained that the city would draft a special warranty deed or a quit-claim deed. Mr. Simonsen clarified that the end result would be one piece of property with two or three buildings on it. Mr. Higginson complimented Mr. Wilkinson on the process for the purchase and preservation oft the Day-Mabey Home. Mr. Lewis made a motion for approval of Michael and Kristan Crouch as finalists for purchase and preservation of the Historic Day-Mabey Home located at 73 West 100 North, Bountiful. As part of the approval, Mr. Higginson requested that as setbacks are calculated that the city endeavor to retain as much property as possible. Mr. Higginson seconded the motion with the modification. A A A A A Mr. Lewis Ms. Harris Mr. Higginson Mr. Knight Mr. Simonsen Motion passed 5-0. Mr. Wilkinson noted that if the city cannot come to terms with the Crouch family on their proposal, then the Knowlton proposal would then be taken into consideration. Mr. Simonsen asked ifaj plaque or monument would be placed at the restored home, and Mr. Wilkinson said that was the hope for this project. Michael and Kristan Crouch were in attendance and stated that they would be happy to include a plaque on the front of the building. Mr. Lewis noted that the city is thrilled about the project. 4. RDA Director's report and miscellaneous business. Mr. Wilkinson reported that all RDA loan payments are current. Mr. Wilkinson also noted that next: month he will meet with the Downtown Merchants to discuss Davis County's grant program for façade removal for a selected business in historic downtown. The County has given the City $25,000 with the City's promise to match the amount. Ms. Harris asked about the process for choosing which business would be awarded the façade removal grant, and Mr. Wilkinson explained that there will be an application process and that the façade removal project must be completed in a year's time. Mr. Lewis noted that this is through the Davis Redevelopment. Agency. Minutes - November 13, 2018 Page 4 of5 Fund Board and that Bountiful and Clearfield were selected as the first two cities to Mr. Knight made a motion to adjourn the RDA meeting. Mr. Higginson seconded the motion. participate as an experiment ofs sorts. A A A A A Mr. Lewis Ms. Harris Mr. Higginson Mr. Knight Mr. Simonsen Motion passed 5-0. The meeting was adjourned at 8:55 p.m. Chad Wilkinson, Redevelopment Director %2 - Redevelopment. Agency Minutes November 13, 2018 Page 5 of5 Redevelopment Agency Staff Report BOUNTIFUL EST.1892 Subject: Day-Mabey Home 73 W. 100 North Author: Chad Wilkinson, Planning and Redevelopment Director Date: January 8, 2019 Background and Analysis On November 13, 2018 the RDA Board of Directors selected Mike and Kristan Crouch as the finalists for the purchase and renovation ofthel historic Day-Mabey home and directed RDA stafft to finalize details of an agreement for the purchase oft the property. Over the past several weeks a survey has been completed and a draft agreement prepared for review and approval by the RDA Board. The survey identified a legal description for the property to be conveyed to the Crouch family which included the minimum area necessary in order for the existing residence tol be compliant with setbacks. The resulting parcel is slightly larger than the area identified in the Crouch proposal which in turn results in a slightly higher purchase price. The attached agreement details the purchase price for the property ($64,100.00 dollars) along with provisions for ensuring the timely renovation and preservation oft thel historic home which include: Aj prohibition on demolition oft thel home for 15 years. A two year deadline for completion oft the renovation oft the home. home and to: maintain interior historic elements. determine to sell the property within 15 years. Ar requirement to maintain the exterior appearance and architectural character ofthe Ar requirement that the City maintain first right ofrefusal should the Crouch family The Crouch family has received a copy of the proposed agreement and has agreed to the purchase price and provisions related to preservation of the home. Department Review The item has been reviewed by the RDA Director, City Attorney, and the City Manager. Significant Impacts The attached land sale and development agreement will allow for preservation ofthe historic home while leaving sufficient area to construct additional needed parking on the remainder oft the property. This would be aj positive impact for the Downtown zone. Recommendation Iti is recommended that the Redevelopment Agency Board approve the attached Land Sale and Development Agreement including the proposed $64,100.00 purchase price. Attachments Land Sale and Development Agreement 73 W1 100 North LAND SALE AND DEVELOPMENT AGREEMENT Purchaser: Seller: MIKE AND KRISTAN CROUCH BOUNTIFUL CITY REDEVELOPMENT AGENCY This Agreement between the Purchaser and Seller is entered into this day of 2019. WHEREAS, the Purchaser desires toj purchase and the Seller is willing to sell certain real propertyl located at approximately 73 West 1001 North, Bountiful City, Davis County, StateofUtah; and WHEREAS, this Agreement constitutes an tégalimpee agreement NOW,THEREFORE, PURCHASER AND SELLER AGREE AS FOLLOWS: ofthej parties. 1. Purchase: The Seller agrees to sell and the Purchaser agrees toj purchase certain real propertylocated at approximately 73 West 1001 North, Bountiful City, Davis County, Statec ofUtah, which propertyisr morej particularly describedi int the Quit-Claim Deed Exhibit"A)attached hereto. Thousand One Hundred Dollars ($64,100.00). The purchase price is calculated as follows: 2. The total purchase price for the above-described property shall be Sixty-Four 4,337 square feet X $14.78 per square foot = $64, 100.00 (Rounded) 3. vested as follows: Deed Provision: The Quit-Claim Deed shall bei made out to the Purchaser with title Michael and Kristan Crouch 4. Title Approval: Purchaser may, at Purchaser's option, obtain an Owner's Standard Titlel Policy to Purchaser for the amount ofs sale with the usual exceptions, or an abstract extending down to the date of the Deeds showing good marketable title in Seller. Purchaser shall have a reasonable timet to examine at title report before delivery of the Deeds. The sale shall be subject to thea approval ofthej preliminary titlei report by both parties. Iftitletot thej propertyisi found defective, Purchaser shall specify in writing such defects as render the title unmarketable, and fourteen (14) days ofadditional time shall be given to Seller to perfect the same. Purchaser shall pay for the title report and the title insurance policy. 5. Closing Date: This transaction shall close and the Deeds shall be delivered on or before January 31, 2019 ("Closing Date"), and possession shall occur on or before that date. This date may be extended or shortened by agreement oft the parties. 6. 7. 8. 9. Approval: This salerequires approval byt the Bountiful CityRedevelopment Agency Prorations: Taxes and assessments shalll bej prorated as ofthedateofclosing' based on (RDA) Board ofDirectors. All documents are tol have the approval oft the City Attorney's office. the latest figures available. Expenses: Closing costs and expenses shall be paid by the Purchaser. Representations: Purchaser declares that thej property has been personallyinspected and the same is being purchased upon personal examination and judgement and not through any representation made by Seller, as to its location, value, future value, income therefrom, type or condition ofimprovements or construction, production, allowed usages or zoning. Purchaser will accept the property as-is unless otherwise noted. Seller declares that it is the sole owner and holds clean and marketable title to the above noted property. 10. Attorney's Fees: Ifeither party fails to comply with thet terms ofthis. Agreement, said party shall pay all expenses of enforcing the Agreement, or any right arising out of the breach thereof, including reasonable attorney's fees. are expressly agreed tol by the parties: 11. Special Provisions: The following terms and conditions ofthis] propertyAgreement a. Purchaser agrees to sign a deed restriction prohibiting the demolition ofthe structure for a period of 15 years from closing. Said prohibition on demolition shall not apply in the event of an inevitable, unpredictable, and unreasonably severe event caused by natural forces without any human interference, and over which Purchaser has no control, such as an earthquake, Purchaser agrees toi restore thel home and establish aj permitted use within the structure with restoration work to be completed and occupancy granted Thej purchaser agrees toi maintain the existing exterior architectural elements and appearance oft thel home. Minor exterior alterations shall be approved by the Bountiful Redevelopment Agency Director and Building Official. This shall not include routine maintenance and repair that does not change the appearance ofthe building. Any major changes to the exterior oft thel home other than thosei necessary toi restore ori repair thel home: shall requireapproval by the Bountiful RDA Board of Directors. This provision shall expire 15 flood or lightning. b. within 24: months of closing. C. years from the closing date described herein. d. The applicant may makei improvements tot thei interioroftheresidence at their discretion without approval from the Bountiful RDA provided the interior improvements do not impact the exterior appearance ofthel home with two exceptions: i. ii. shall be retained. The historic fireplace and surround shall be retained The two historic light fixtures near the front entrance to the home Should the applicant elect to remove thesel historic elements from theinterior of the home during their renovation work, they shall immediately be surrendered to the Bountiful Redevelopment Agency. Anyr removal oft these elements shalll bej performed usingr nondestructivet techniques. This] provision shall expire 15 years from the closing date described herein. Should the purchaser determine to sell the property in the future the Redevelopment Agency shall retain first right ofrefusal for the property for the contract amount contained int this Agreement 66,10000plusverfiabie improvement costs, regardless offairi market value or offers toj purchasei from third parties This first right ofrefusal shall expire 15 years from the closing e. date described herein. 12. Entire Agreement: The terms of this Agreement constitute the entire preliminary contract between thej parties, and any modifications must be in writing and signed by both parties. This is a legally binding document. Ifnot understood, seek competent advice. PURCHASER Michael Crouch Kristan Crouch STATE OF UTAH COUNTY OF DAVIS before me this before me this ) SS. ) The foregoing instrument was acknowledged The foregoing instrument was acknowledged day of day of 2019, by Michael Crouch 2019, by Kristan Crouch NOTARY PUBLIC SELLER Bountiful City Redevelopment Agency By: Title: ATTEST: Shawna Andrus, City Recorder EXHIBIT "A" Mail filed copy to: Bountiful City Redevelopment Agency 790 South 100 East Bountiful, Utah 84010 QUIT-CLAIM DEED The Bountiful City Redevelopment Agency, A CORPORATION SOLE, 790 South, 100 East, Bountiful, Utah, hereby QUIT-CLAIM tol Mike and Kristan Crouch, of245 North 100 East, Bountiful, for the sum ofTen Dollars ($10.00) and/or other valuable consideration, the Beginning at aj point which is South89-0'15-West 64.45 feet along the South Line of 100 North Street from the Northeast Corner ofLot 3, Block 32, Plat A, Bountiful Townsite Survey, Davis County, Utah said Northeast Corner Being Norh89-4015'East 310.09 feet along the Center Line of1001 North Street and South0-0216'East 24.75 feet from the Bountiful City Monument marking the intersection of1001 North and 100 West Streets and running thence South0-0216'East 76.50 feet; thence South89-4015"West 59.30 feet to the West Line ofthe property conveyed in Entry #2986888, Davis County Recorder's Office; thence North0>02'16West 76.50 feet along said line to the South Line ofa street; thence North89-4015'East 59.30 feet along said line to the point of! beginning, following described tract ofl land inl Davis County, State ofUtah: containing 4,337 square feet. PARCEL NO. 03-029-0024 WITNESS, thel hands of said Seller, this day of SELLER: 2019. Bountiful City Redevelopment Agency Randy Lewis, Chairman STATE OF UTAH ) COUNTY OF DAVIS) Ont the :SS dayof 2012,personalyapperdbeloremeRANDYLEWIS,who duly acknowledged to me that he is the CHAIRMAN of the BOUNTIFUL CITY REDEVELOPMENT AGENCY, and that the document was signed by him in behalf of said Redevelopment Agency, and RANDY LEWIS acknowledged to me that said Redevelopment Agency executed the same. The QUIT-CLAIM DEED signed by the BOUNTIFUL CITY REDEVELOPMENT AGENCY, dated the CROUCH on the dayof_ day of ,2019, hasl been accepted byl MIKE. ANDKRISTAN 2019. MIKE CROUCH PURCHASER STATE OF UTAH COUNTY OF DAVIS) On the ) :SS day of 2019, personally appeared before me. MIKE CROUCH, who dulyacknowledged to me that the QUIT-CLAIM DEED was signed by him. NOTARY PUBLIC KRISTAN CROUCH PURCHASER STATE OF UTAH COUNTY OF DAVIS) Ont the ) :SS dayof 2019,peronalyappeared beforei mel KRISTANG CROUCH, who duly acknowledged to me that the QUIT-CLAIM DEED was signed by her.