HomeMy WebLinkAbout2006-03-08 CC Packet
NATIONAL SPORTS CENTER
SUPER RINK EXPANSION
GUARANTEE AGREEMENT
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THIS AGREEMENT is made this day of March 2006, by and between
the State of Minnesota acting through the Minnesota Amateur Sports Commission
("MASC"), the National Sports Center Foundation ("NSCF'), a Minnesota non-profit
corporation, and the City ofCenterville eCity ofCenterville").
WITNESSEm:
WHEREAS, MASC, pursuant to Minnesota Statutes Chapter 240A, has the
authority to design, construct, own and operate an ice arena and auxiliary facilities; and
WHEREAS, MASC has determined the need for additional ice sheets at the
Schwan Center, and has requested the issuance of tax exempt bonds ("Bonds") by the
Anoka County Housing and Redevelopment Authority ("ACHRA") for the purpose of
assisting in the financing of an additional ice arena ("Facility") consisting of at least four
ice sheets to be located on property ("Property") owned by the MASC at the National
Sports Center (''NSC'') at 1700 - 105th Avenue NE, Blaine, Minnesota; and
WHEREAS, it is contemplated that the total cost of the Facility including the cost
of the design, construction and securing financing will be approximately $11,100,000.00;
and
WHEREAS, the ACHRA has agreed to issue Bonds for the purpose of financing
a portion of the construction of the Facility pursuant to certain terms and conditions all to
be set forth in various bond documents ("Bond Documents"); and
WHEREAS, the Property has been leased by MASC to ACHRA in connection
with the issuance of the Bonds; and
WHEREAS, ACHRA has subleased the Property to the NSCF; and
WHEREAS, pursuant to the sublease, the NSCF is responsible for the
construction and operation of the Facility; and
WHEREAS, the Centennial Youth Hockey Association ("CYHA"), a Minnesota
non-profit corporation, has entered into an ice sheet rental agreement ("Ice Sheet Rental
Agreement") with NSCF and MASC through which CYHA will receive certain priority
rights in scheduling and purchasing up to 1,340 ice sheet hours per year in return for
agreeing to purchase each year a minimum of 860 ice sheet hours. The City of Centerville
is willing to assist in the financing of the Facility by guaranteeing each year 16% of the
1340 ice sheet hours and in consideration of the CYHA guarantee of 860 hours, the
remaining hour guarantee would be 16% of 480 hours annually.
Draft 02/22/2006
1
NOW THEREFORE, for good and valuable consideration the parties hereto
hereby agree as follows:
SECTION 1
TERM
This Agreement shall be effective as of the date set forth above, and shall terminate on
the earlier of January 1, 2026, or the final maturity date of the Bonds. In the event the
Bonds are redeemed prior to the final maturity date, this Agreement shall still remain in
effect until January 1, 2026.
SECTION 2
GUARANTEE OBLIGATION
2.1 Centennial Cities. The Centennial Cities (the cities of Centerville, Circle
Pines and Lino Lakes) agree to guarantee for each year during the term of this Agreement,
rental income to the Facility at the Hourly Rate for the one thousand three hundred forty
(1340) Priority Hours only if annual gross rink revenues are insufficient to pay annual
bond & operating costs. This guarantee obligation shall be allocated to each member city
as follows: Lino Lakes (72%), Centerville (16%), and Circle Pines (12%). It is
acknowledged that CYHA has entered into an Ice Sheet Rental Agreement with NSCF to
guarantee 860 of these 1340 hours.
2.2 Such guarantee of rental income shall not be required after the initial bond
debt, which finances the facility, is paid in full.
SECTION 3
NOTIFICATION
3.1 Notification. On or before June 1 of each year, NSCF shall provide to the
City of Centerville a written notification ("Notice") if any portion of the 1360 ice sheet
hours have not been committed to in the manner provided for by the joint board.
3.2 Right to call for Joint Board Meeting. The City of Centerville shall have
thirty (30) days from the date of the Deficiency Notice to request in writing that the NSCF
call a meeting of the Joint Board for the sole purpose of exploring any available
opportunities for the sale of all or any portion of the Uncommitted Hours. Upon receipt
of such written request for a meeting of the Joint Board, NSCF shall schedule a meeting as
soon as practical and notify the City of Centerville of the date of such meeting.
3.3 Payment of Deficiency. As soon as practical after March 31 of each year,
NSCF shall provide to the City of Centerville written notification of the number of
Uncommitted Hours that remained unsold as of March 31 and the dollar amount due
("Deficiency Assessment") NSCF based on the Regular Hourly Rate. Payment by the City
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2
of Centerville of the Deficiency Assessments shall be made within thirty (30) days of its
receipt.
SECTION 4
ESTABLISHMENT OF JOINT BOARD
4.1 Joint Board. NSCF and MASC agree to the establishment of a joint board
("Joint Board") consisting of one member appointed by the Blaine Youth Hockey
Association, one member appointed by the Centennial Youth Hockey Association, two
members appointed by the NSCF, and 2 members appointed by the MASC. MASC may
also appoint non-voting ex-officio members as needed. With respect to the two members
to be appointed by the NSCF, one such member shall be appointed to represent the
interest of the users of the Columbia Ice Arena and one such member shall be appointed to
represent the interests of the Herb Brooks Foundation.
4.2 Powers of Joint Board. The Joint Board shall exercise the following
powers and such other powers as are set forth in the Ice Sheet Rental Agreement or as
may be required by any of the Bond Document:
(a) Establish procedures for the fair and equitable exercise of rights relating to
the Ice Sheet Rental Agreement.
(b) Approval of an annual operating budged consistent with the Ice Sheet
Rental Agreement and the Bond Documents.
(c) Establish fair and equitable use and programming policies and procedures
not covered by and not inconsistent with the Ice Sheet Rental Agreement
and the Bond Documents.
(d) Recommend programming decisions.
( e) Establishing the Regular Hourly Rate.
SECTION 5
SPECIAL TERMS
5.1 Scheduling Rights for the Centennial Cities. Each city member of the
Centennial Cities shall be entitled to the following for 40 years until January 1, 2046:
(a) The right to schedule one fall session for free skating.
(b) 300 single use passes for open skating on an annual basis. Distributed
as follows; 216 to Lino Lakes, 36 to Circle Pines and 48 to Centerville.
(c) The right to schedule and purchase up to 12% ofCYHA 1340 hours if
requested by April 1 st prior to each season and shall be prorated as per
each cities Proportionate Share.
Draft 02/22/2006
3
5.2 Additional Rights for Centennial Cities. If subsequent to the date of this
Agreement, a Minnesota Hockey Association sanctioned club/association is organized to
serve all or part of a city member of the Centennial Cities, the Centennial Cities may, at
their discretion, choose to assign a portion of the Priority Hours that CYHA has under
Section 3.2( c) to the new association.
5.3 Recognition for the Centennial Cities. The Centennial Cities shall receive
recognition in 2 locations; on the exterior of the building and inside the entrance to the
building.
5.4 Centennial City Payments. The Centennial Cities have set a goal to
contribute the sum of $100,000 towards the construction of the Facility. Any payments
made pursuant to this pledge shall be paid directly to the NSCF Construction Fund and
CYHA shall receive a credit for such payments.
a. The city of Centerville shall make a capital contribution to the project
of $16,000 as per the following payment Schedule. January 15, 2007
$8,000 and January 15,2008 $8,000.
SECTION 6
MISCELLANEOUS TERMS
6.1 Observance of Laws. NSCF and MASC will observe all applicable laws,
regulations, ordinances and orders of the United States, the State of Minnesota and
agencies and political subdivisions thereof and each department or agency thereof,
applicable to Facility. NSCF and MASC shall have the right to contest by appropriate
procedures the adoption, validity or applicability of any laws, regulations, ordinances and
orders referred to in this Section and to delay compliance therewith, without violating the
provisions of this Section, if the procedures taken by NSCF or MASC to contest the
validity or applicability of any such law, regulation, ordinance or order are appropriate and
have the effect of staying the finality and enforceability thereof against NSC or MASC.
6.2 Amendments. This Agreement may not be amended, changed, modified,
altered or terminated without the prior written consent of the NSCF, MASC and the City
of Centerville.
6.3 Waiver and Cumulative Rights. No waiver of any breach of this
Agreement by a party shall be considered to be a waiver of any other subsequent breach,
and no right or remedy herein conferred upon or reserved under this Agreement is
intended to be exclusive of any other right or remedy.
6.4 Governing Law. This Agreement shall be governed and interpreted under
the laws of the State of Minnesota.
Draft 02/22/2006
4
6.5 Authorization for Agreement. Each of the parties to this Agreement
warrant and represent that it has full power and authority to enter into this Agreement and
carry out its obligations hereunder and that it has taken all action necessary to permit its
execution and fulfillment of this Agreement.
6.6 Not Joint Venturer. The City of Centerville shall not by reason of any
provision of this Agreement be or be deemed to be a joint venturer with or partner or
agent ofNSCF or MASC.
6.7 Assignment. This Agreement may not be assigned in whole or in part by
any party without the prior written consent of the non-assigning parties, except that NSCF
or MASC may assign this Agreement in whole or part to the Trustee under the Bonds or
its successor and NSCF may assign any of its rights and obligations under this Agreement
to the MASC.
6.8 Audits. All books, records, documents and accounting procedures and
practices of the parties relating to this Agreement shall be subject to examination by the
MASC, or other state agency as may be required by law.
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Minnesota Amateur Sports Commission
By
Its
City of Centerville
By
Its
Draft 02/22/2006
National Sports Center Foundation
By
Its
6
CITY COUNCIL MEETING
Wednesday, March 8,2006
6:30 P.M.
COUNCIL MEETING
L CALL TO ORDER
I. RoD Call
D. APPROVAL OF AGENDA
m. APPROVAL OF COUNCIL MINUTES
1. February 15, 2006 City Council Work Session MeetiBg MiDutes (page 1)
2. 'ebrue.., 22, 2006 City CODDel MeetiDl MInutes (Pale 2-14)
3. February 28, 2006 City Council Special Meeting MiDutes (page 15)
IV. CONSENT AGENDA
1. City of Centerville February 23, 2006 through March 8, 2006 CIaiIIIs (page
16)
2. CenteDDiaI Fire District Claims tbroup February 17 & March 3, 2006
(Paae 17-11)
3. Account Oerk D's AtteDdance of MiDnesota Municipal Oerks Institute
(MMCI) -- Not to eseeed 5410.00 (pqe 19-20)
4. Parks & Recreation CODl.iUee Request for CouDcD Approval to Sponsor
Kelly Miler Careus '.draiser Subject to Outliaed Research (pag. 21-22)
v. AWARDSIPRESENTATIONS/APPEARANCES
VI. PUBUC IIEAlUNGS
1. Ordinance Codification
VIL NEW BUSINESS
1. Ordinance ##1, Seeond Series AdoptiBg Codification (page 23)
a. Su...ary OrdiDaaee ##1, See.ad Series PubUeatioa (Pap 24-25)
2. Res. ##06-021 - Establishing Penalties for AdlDinistrative OtTenses (page 26)
3. Approval of Oa Sale aad S..day Llqaor LkeDle a Tobacco LiceDIe
Sager's Bar-n-GrUI (Chief Complete Review 3/1/06) (page 27-51)
4. Award LaWll Mablte...ee Contrad -- 2006 to Land Maiate_ee Outdoor
Service (page 5%-62)
5. Lift Station ##2, Ge8erater Parehase - Aid Eleetrie ($21,765.00) (pal. 63-61)
6. Bosiaess Penon of the Year & Citizen or the Year
vm. OLD BUSINESS
1. Sa..a.., olOrd. #190 for PubUeatioa (pale 68-69)
2. OrdiDaDce ##91- AIIlendiDg Ord. ##4, Division #165: Accessory Uses and
StrudDres (page 70) (Housekeeping - Bridges in Easements by Pennit)
3. Hunters Crossing 3- Addition - Bevelopen Agreement (page 71-102)
4. National Sports Center Super Rink Expansion Guarantee Agreement (page
103-108)
5. Proposal for Legal Services
a. Consider Work Session for Review
IX. ANNOUNCEMENTS /UPDATES
1. City AdaiDlsntor, Mr. DaIIu Lano.
2. CSAB 14 IIDprovement
X. ADJOURNMENT
* *REMINDERS **
Tuesday, March 14, 2006 - P &, Z - City Hall Council Chambers (6:30 p.m.)
* *RESCHEDULED* *
Wednesday, March IS, 2006 - Cable Commission - Spring Lake Park City Hall Council
Chambers (7:00 p.m.)
Wednesday, March 22, 2006 - Council Meeting - City Hall Council Chambers (6:30 p.m.)
City Council 02-15-2006, 6:00 p.m.
Summary of Work Session
Present were Mayor Mary Capra, Council members Michelle Lakso and Richard Terway.
Also present were lohn Meyer, Paul Palzer, Lance HotTofBonestroo" Assoc., and TlDl
Hoeft, City Attorney. Absent were Council members JeffPaar and Tom Lee.
1. Dallas Larson reviewed the costs associated with the 21 It AvenuelBackage Road
and industrial site project. Utility construction costs are about $1.4 million. Site
acquisition is at $650,000. The improved value of the land is estilllated at $6 per
square foot. John Meyer reviewed the financial projections of costs and the
repayment structure. The financing plan would allow about tbree years before the
City would have to consider tax levies to support the project. If land sales and
development go according to estimates, the project would not require any City tax
support. The Council discussed the possibility of purchasing the Sheehy parcel and
developing and marketing the combined, larger tract Having the additional land
would lower overall cost per square foot. Also, the Sheehy parcel could be cleaned
up so as not to depreciate lands around it. Council directed staff to see if a purchase
option could be obtained on the Sheehy property. This matter will be placed on the
agenda for a decision on February 22, 2006.
2. The Council discussed the Centennial Hockey Association proposal for the City of
Centerville to help underwrite obligations associated with the construction of an
additional sheet of ice at Schwan's Super Rink. They had asked the City to pay
516,000 up front and suarantee a proportion of unsold ice. The City had given
conceptual approval at the last meeting. Circle Pines and Lino Lakes have both
approved participation. The Council asked that we sather information on the
fmancing plan and what is being required by Anoka County lIRA, who is rmancing
the project with tax exempt bonds.
3. The Council agreed to meet with staff on April 4, at 4:30 p.m. to discuss goals.
The meeting was adjourned at 8:00 p.m.
Dallas Larson
City Adtninistrator
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CITY OF CENTERVILLE
CITY COUNCIL MEETING
FEBRUARY 22, 2006
6:30 p.m.
Pursuant to due call and notice thereot: the City of Centerville held their regularly scheduled
meeting on February 22, 2006, at City Hall, 1880 Main Street.
PRESENT: Mayor Mary Capra
Council Member Lee
Council Member Lakso
Council Member Paar
Council Member Terway
ABSENT: None.
STAFF: City Attorney Mr. Hoeft
City Engineer Mr. Peterson
City Administrator Mr. Larson
L CALL TO ORDER
Mayor Capra called the February 22, 2006, City Council meeting to order at 6:30 p.m.
n. SET AGENDA
Council added the following items to the Agenda: Resolution #06-0)0{, State Capital
Bonding Bill for Funding Associated with the Acquisition of 1601 Lamotte Drive;
Resolution #06-0)0{, A Resolution Authorizing Condemnation of Private Property for
Public Utility and Drainage Easements.
Motion bv Council Member Paar. seconded bv CouDcil Member Lakso to aoorove
the A.enda as amended. All in favor. Motion carried Dnanimouslv.
m. APPROVAL OF COUNcn. MINUTES
1. February 8.. 2006 City Council Meetin~ Minutes
Mayor Capra asked that the motion by Lakso to table that failed for lack of second be
added between .pages two and three. On Page 6 of 11 remove the word unanimously
from the motion that passed but was not unanimous.
Council Member Lakso requested the following change: On Page 3, clarify in her
comments that the City does not generally use general funds for play structures.
;Z
City of Centerville
Council Meeting Minutes
February 22,2006
Motion by Couocil Member Paar. seconded by Couocil Member Tenvay to aoorove
the February 8. 2006 City Couocil Meetint! Minutes as amended. All in favor.
Motion carried uoanimoDslv.
IV. CONSENT AGENDA
1. City ofCenterville February 9, 2006 through February 22, 2006 Claims
2. Centennial Police ~epartment Claims through February 10, 2006
3. Northdale Construction Company, Inc., Pay Estimate #8 - $11,902.61 with
Change Order # 1
4. Lynn & Associates, Strategic Planning with Council- $4,210
s. Resolution #06-015 - Comprehensive Plan Amendment & Rezoning Properties
Along a Portion of 20th Avenue As -Attached Exhibit A
Mayor Capra requested that Item 3 be removed for discussion.
Motion bv Council Member Tenvav. seconded bv Council Member Paar. to
aoorove Consent At!enda Items 1. 2. 4. and 5 as or~eDted. AU in favor. Motion
carried unanimouslv.
Mayor Capra asked whether the seeding, fertilizing and mulch has been done.
Mr. Peterson indicated that most of it has been and there is a small retainage until
summer when final site restoration can be completed.
Motion bv Council Member Lee. seconded by Council Member Labo to aoorove
Consent At!enda Item 3 as Dresenteel. All in favor. Motion carried unanimouslv.
v. A W ARDSIPRESENTATIONS/APPEARANCES
None.
VI. PUBUC HEARINGS
1. Outdoor Recreation Grant Application
Mayor Capra opened the public hearing at 6:37 p.m.
City Administrator Larson explained that the City proposes to make application for grant
funds and a requirement of that process is this public hearing.
Mayor Capra outlined the grants being requested and the intended use for the funds
noting that it is for park and trail improvement and to assist with the cost to purchase the
property from the St. Paul Water Utility.
Page 2 of 13
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City of Centerville
Council Meeting Minutes
February 22, 2006
Motion by Council Member Terway. seconded by Council Member Lee to close the
DubHc hearin2. AI in favor. Motion carried unanimously.
Mayor Capra closed the public hearing at 6:40 p.m.
Motion bv Council Member Lee. seconded by Council Member Terway to aoorove
Resolution ##06-016. A Resolution Aoorovin2 the Outdoor Recreation Grant
AooHeation. AI in favor. Motion carried unanimouslv.
VB. NEW BUSINESS
1. Ground Development~ Inc. Request for Escrow Return
Motion bv CODncD Member Tenvav. seconded bv Council Member Labo to
aoorove the reDuest for escrow return as recolDmeDded by StatT. AD in favor.
Motion carried unanimouslv.
2. Resolution #06-016 - Approval of the Outdoor Recreation Grant Application
Handled previously.
3. License Asreement with Anoka County - Use of eo lor Digital Orthophotos
Motion bv Council Member Lee. seconded bv Coaoct Member Paar. to aoorove the
License ARreement with Anob County for Use of Color Di2ital Orthoohotos. AI in
favor. Motion carried unanimouslv.
Council Member Lakso asked how recent the photographs would be.
City Administrator Larson indicated that there were new photos taken this past summer.
4. Proposed Emergency Interim Ordinance #90 - Temporarily Prohibiting Certain
Development in Downtown Centerville - Downtown RedevelQpment
City Administrator Larson indicated that the Planning and Zoning Commission is
working on the details surrounding the redevelopment plan for downtown and the
Commission has asked the City to consider instituting a moratorium.
Mayor Capra indicated she checked with the school to ask if they are going to be doing
construction this summer and they will be doing something that is in line with the plan.
Dave Fisher said that he has tried to build a garage since 2001 and he is in the Air Foree
so he has been busy but prior to that he has talked about building a garage on his property
but the zoning on M-l is confusing and the size was not allowed and it was too
frustrating. He then said that he is back and he wants to build a garage and he has a nice
sized lot that is 150 x 125 and asked if he will be able to build his garage.
Page 3 of 13
1
City of Centervi1le
ColDlcil Meeting Minutes
Febrwuy 22, 2006
City Attorney Hoeft indicated that under the current language of the Ordinance he would
not be allowed to build the garage and no exceptions would be allowed for just one
property .
Mr. Fisher said that he has budgeted to do this during the summer.
Council Member Terway explained that the Planning and Zoning Commission has said
they intend to be done within three to four months and this would be lifted.
Mr. Fisher asked what planned changes would do to his plan for the garage he wants to
build.
City Attorney Hoeft indicated that the city is working out the details and it may be
possible that the garage could not be built based on how the Ordinances are changed.
Mayor Capra indicated that she does not want to impede anyone to put on a garage.
Mr. Fisher said that he cannot believe that this is needed because there are no applications
on file.
Council Member Paar indicated that there is a lot of money invested in this project and it
is necessary to control development to guarantee that the money was well spent. He then
said that it is difficult to please everyone but the City does not want someone to come in
and come in under the current requirements to build something that the City does not
want to see for the redevelopment area.
Mr. Fisher asked for verbiage for a commercial moratorium that would not affect
residential property.
Mr. Fisher said that he respects the investment on this but he would like the City to
respect his property rights and not prevent his right to build a garage.
Mayor Capra said that it was not her intention to restrict anyone just to protect the City
from development that would not be consistent with the plans for the downtown
redevelopment area.
Mayor Capra said that normal residences downtown should be able to make
improvements to their home and she is more concerned with commercial redevelopment.
Mayor Capra said that she understands the reasoning behind this and she did not lie in the
beginning but the City did adopt the Redevelopment Guidelines and the Ordinance needs
to be amended to allow the City to enforce the Redevelopment Guidelines.
Council Member Lakso asked whether a City delay could assist in allowing him to build
the garage.
Page 4 of 13
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City of Centervi1le
Council Meeting Minutes
Februaly 22, 2006
City Attorney Hoeft indicated that actions like this affect someone adversely for a
temporary amount of time.. He then said that the City can wait but is at the mercy of what
else comes in during that time.
Mayor Capra suggested Larson work with the resident to iron out what would be allowed
and the moratorium can be lifted at any time. She then said that she would look to put
this in place now but she wants Staff to work with Mr. Fisher to determine what the
Ordinances will allow and determine the issue last time on the garage. She further said
that she would look at rescinding this to get the garage going.
Council Member Paar asked whether Mr. Fisher had a garage.
Mr. Fisher indicated that he has a one car garage that his truck does not fit in.
Motion bv Council Member Tenvav. seconded bv Council Member Labo. to
aDDrove Ordinance #90. an Ordinance Temoorarilv Prohibitinl! Certain
DeveloDDlent in Downtown Centerville - Downtown RedevelooDlent. All in favor.
Motion carried unanimouslv.
S. Resolution #06-017 - State Capital BondinS Bill for Funding Associated with the
Reconstruction of a Portion of CSAH 14 from Interstate 3SE to Interstate 3SW
Along with the Reconstruction of the Interchange at Interstate 3SE
City Administrator Larson indicated this confmns the City's intention to apply for a
bonding bill for funding associated with the Reconstruction ofa portion ofCSAH 14.
Motion bv Council Member L~ seconded bv CouDcil Member Paar. to aoorove
Resolution ##06-017. State Caoital Bondinl! Bill for FDRdinl! Associated with the
Reconstruction of a PortioR of CSAH 14 from Intentate 35E to Interstate 35W
A1onl! with the Reconstruction of the InterchaDl!e at Interstate 35E. AU in favor.
Motion carried unanimoDslv.
6. Resolution #06-018 - State Capital Bonding Bill for Funding Associated with the
Acquisition of 1601 LaMotte Drive
Motion bv CODDCU Member Terwav. seconded bv C~ancil Member Lee. to aoorove
Resolution ##06-018. State Caoital Bondin2 Bill for Fa.dint! Associated with the
Acoaisition of 1601 LaMotte Drive. All in favor. Motion carried DDanimouslv.
vm. OLD BUSINESS
1. Resolution #06-0xx. - Ice Rink E1Qlansion - Centennial Hockey Association
Mayor Capra clarified that the $16,000 is being requested by Centennial Hockey and
Anoka County is asking to guarantee 16% of 1,340 ice hours..
Page S of 13
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City of Centervi1le
Couneil Meeting Minutes
Febmaty 22, 2006
Mr. Terry Johnson, Finance Manager for Anoka County, addressed the Council and
explained that the County is looking to sponsor expansion of hockey through the HRA
revenue bonds with the balance of the funding for the project coming from the sale of the
Columbia Arena and donations or contributions from partners in the project.
Mr. Erickson said he feels that the great point of the project is the financing and it does
get confusing with the financing package. Mr. Erickson indicated it does not matter who
is asking for the money because all the funds go into the trustee construction account and
it ends up being a public recreational asset.
Mr. Erickson said that he does not want to take the fact that the Associations are raising
money as a negative because the total youth hockey contribution to the first project was
zero.
Mr. Erickson said that having the Hockey Association raising money is a good thing to
save taxpayer dollars.
Mr. Erickson mentioned that they have met with all three cities and they have added
value. He then explained that there is an agreement to be approved and then outlined the
five benefits to the City. The benefits are each Centennial City gets two free hours each
year, secondly Lino Lakes suggested that the Park Program can have passes 300 passes
giving the City 48 passes per year, park programs not park professionals so said if City's
contribute 100 of 780 that cities could have 12% of hours if want to have own learn to
skate program or something like that, all current programs will reserve slots for the
Centennial cities giving information for park information.
Mr. Erickson indicated that when people enter the arena they will see the City's name
proudly displayed. He also said that they have added values over the 40 year life of the
arena for $20,000 in value.
Mr. Erickson indicated that if one City acts out of sync it affects the team play of this
deal. He then said that the City does not have to worry about setting precedent and
having to contribute to other sports as this is a truly unique type of situation.
Mr. Erickson indicated that there are reasons. and one is that this is a public asset for the
community and this request is different because this is a one time contribution not
ongoing.
Council Member Paar said that the added benefits are a plus but he has been in favor and
was not misled on this. He then said that he has gotten 15 emails from residents in favor
and two handwritten cards and had no one opposed.
Council Member Lee indicated that he has received emails and letters and while he
appreciates the comments he does see that some of these opinions are biased because they
are from the parents of skaters. He then said that his concern is the 20 year commitment
Page 6 of13
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City of Centervi1le
Council Meeting Minutes
February 22, 2006
for ice time because the value of the ice time increases each year and he would want a
hard and fast number that this payment could possibly become.
Mayor Capra indicated that the City did a calculation and the 16% of 1,340 with inflation
of2.5% it is $926,000 if the City had to pay for all of this.
-- Council Member Lee indicated that he is not comfortable agreeing to it.
Paul said that the current four rinks operating since 1998 averaged 2,875 hours of ice
time and the guarantee is 1340. He then said that the sheet from the City's Finance
Director made an assumption in that it assumed that no hours would be sold for 20 years.
He further said that as the professional in charge of running the facility they are the only
state facility not receiving state funding.
Paul said that he believes the absolute worst case scenario would be 10% of the 1340
hours at the City's 16%.
Paul said that he does not foresee in the 20 years that there would ever be a year that they
would get down to the 1340 hours. He then said as a resident and neighbors that he
thinks a professional firm like Ehlers and Springsted have said the risk is little or none.
Mayor Capra indicated she was initially concerned about the 20 year commitment and
she has asked numerous questions of these representatives.
Mayor Capra indicated that she is in favor of the ice hours for Anoka County to back the
bonds and her concern is she asked how much it costs staff for four months of outside ice
it costs about $4,000 so the worst case scenario she justifies that if there were hours out
there she could tell future Councils to shut down the outdoor rink and have the indoor
rink open.
Mayor Capra said she is more comfortable now with the 20 year commitment after her
questions have been answered and the 20 year commitment is the key element to move
this project forward. She then said that the concern with the $16,000 there are other
organizations that have said they want the same for soccer and other sports. She further
said she will feel an obligation to donate to others.
Council Member Lakso thanked them for the additional information and said she is a
little more comfortable than she was. She then said that the 20 year commitment does
not seem to be an issue for the future.
Council Member Terway said that he feels that this is a good value for the Community
and the only question that he has is the 20 year commitment he then assured the Council
that ice time has been at a premium for all his years in the Parks and Recreation business.
Page 7 of 13
!
City of Centervi11e
Council Meeting Minutes
Februaty 22, 2006
Council Member Terway asked whether the City can appropriate the City's $16,000 and
asked whether that would satisfy the need. He then explained that this would be like
some other joint ventures that have been done.
Paul indicated the agreement started Centennial wanting 100% of 1340 hours and all
three wanted public skating access. He then said that for the $100,000 the cities are
purchasing 12% of the rights, which makes it 12% public skating and 88% for hockey.
Mayor Capra asked for a legal interpretation of the Resolution and the Agreement.
City Attorney Hoeft indicated that the City has the authority to do what is being asked but
the Council must make the decision as to whether to do this. He then said that he has not
seen an Agreement for review but the Resolution concerns him because it was specific.
He further said the City can express support without the specifics because the Agreement
is the binding document.
Council Member Lee indicated that he has an issue with this because there are going to
be other sports organizations that want contributions.
Mayor Capra indicated this was not budgeted for this year and so the dollars have to be
taken from somewhere and there are no Parks and Recreation funds.
Council Member Paar indicated that the Parks and Recreation Commission were in favor
of this but they do not have funds because the City is buying the lake property. He then
said one of the emails he got was questions on how this benefits those that do not have
young children.
Council Member Paar thanked Mayor Capra for her diligence in researching this
situation.
Council Member Paar indicated that this is a low investment for the benefits it can
provide.
Mr. Steve Dosh, 7095 Cottonwood Court, addressed the Council and said that he has
several issues with this because the figures seem nice and he knows many children
involved in Centennial Hockey but he has an issue with $16,000 is a lot of money to give
to the few children in hockey who are in Centerville. He then suggested using money for
a place to change skates at the outdoor rink and perhaps an attendant.
Mr. Dosh said that with 48 passes it will take 60 years to get 3,000 passes. He then said
that this is very fiustrating and there are many areas where youth are involved in different
activities and this is a negative comment because this is his money and the City's money
and he does not want this for use because it is not in this City.
Ms. Joann Mueller, a resident of Centerville on the Youth Hockey Board who has one
child who plays hockey and two (2) that do not and she is in support. She then said that
Page 80f13
9
City of Centerville
Council Meeting Minutes
FebIUaty 22,. 2006
she has a son who works at the Superrink and it provides employment for youth. She
further said that this is a very little amount of money to have CenterviUe's name on a
very, very excellent rink that is not just for hockey players but figure skaters and soccer
players too.
Council Member Lee divided it by 90 skaters and get 125 per skater so he redid the math
and took the $16,000 and divided it out over the 40 year life expectancy of the building
and it is $400 per year and the City could not get an attendant for a month for that kind of
money. He then said that the $16,000 is not budgeted and he is concerned where it would
come from.
Council Member Terway said that when you look at the dollar amount being spent over
the time frame being spent the City spends a lot more money on other things. He then
said that looking at the cost of youth softball and baseball is three months of the year and
this is being used to play hockey five (5) or more months out of the year. He further said
that he feels that recreation dollars are very important to spend to keep kids out of
trouble.
Paul said that Lino Lakes had the budget set for 2006 and they allowed them to move it to
the 2007 budgeting cycle and that can be done here.
Motion bv Council Member Terwav. seconded bv Council Member Lee. for
aODroval of the 516.000 to offset the cost of Centennial Lakes Hockev's
Association's costs and be the 16% share of the S100.000 bemS! asked for Davable in
vears 2007 and 2008. Aves - 4. Navs - liCaora}. Motion carried.
Council Member Lee indicated that he wants the funds to come out of the general funds
to be given to the Park fund to be used.
Motion bv Mavor Caora. seconded bv Council Member Paar. to aoorove the
commitment of the City of Centerville to its Dordon of the 1.340 hours at 16% over
the coune of 20 vears based on ADou County's reauirements. Aves - 4. Navs-
IlL..). Motion carried.
Mayor Capra indicated that she is doing this in an effort to support Centennial Youth
Hockey not to buy into the National Sports Center.
Council Member Lee indicated that the weather plays a large part in this because there
have been skate nights that are cancelled due to lack of ice.
Mayor Capra said she could not support the $16,000 because she would feel obligated to
provide contributions to other organizations.
2. Pheasant Marsh 3m Addition - Developer's Agreement
Page 9 of 13
/~
City of Centerville
Council Meeting Minutes
FebmaIy 22, 2006
City Administrator Larson indicated that Staff and Ground Development have been
negotiating and have come to agreement on the document and Staff is seeking approval.
Motion bv Council Member Lee. seconded bv Council Member Labo to aoorove
the DeveloDment Al!reement subiect to .oDroval bv the City Attornev. and the
execution of a Stioulation of Dismissal with Preiudice and .ooroval of the Deed
.m-eement bv the City Attornev on the soeeial assessment .oneal that is still
outstJlndint!. All in favor. Motion carried unanimouslv.
City Attorney Hoeft indicated that all of the issues he had with the document have been
resolved. He then said that the approval of the Development Agreement is subject to
approval of the City Attorney of the documentation required by the Agreement.
Mayor Capra asked if the Development Agreement contains information on cleaning
streets.
City Attorney Hoeft said it is in the document along with a requirement to monitor the
situation
3. Resolution #06-019 - Calling for Public Hearing. Plans & Specifications - 21 st
Avenue Bac1cllBe Road
Council Member Lee asked what happens ifLino Lakes does not approve.
City Administrator Larson indicated that it would not be finished to the north.
City Administrator Larson indicated that appraisals have been done and the City is aware
of what easements will be required and what those will cost.
City Administrator Larson indicated that the worst case scenario would be that if the lots
do not sell in two years the City may have to levy for debt service payments.
Council Member Paar asked the TIF timeframe.
City Administrator Larson said that a development TIF is 10 years and captures only five
years or so of increment after development happens.
City Administrator Larson outlined the steps involved in this process and suggested
getting the ball rolling on a condemnation resolution so that the attorney can ftle with the
court before the end of the month as there is a bill in the legislature holding up any
condemnations after March 1, 2006.
Mayor Capra indicated that this backage road would protect access to existing businesses
with this road and sell the property to cover some costs.
Page 10 of 13
/1
City of Centerville
Council Meeting Minutes
Febmaty 22, 2006
Motion bv Council Member LaDO. seconded bv Cou.cil Member Terwav. to
aoorove Resolution ##06-019. CallinS! for a Public HearmS!. Plans and SOeciticatiODS
- 21st AvenoeIBackaS!e Road. AU in favor. Motion carried onanimooslv.
4. Consider Execution of Option to Purchase Land Associated with Bac1cstge Road
Project
City Administrator Larson explained the proposed purchase of the 14.5 acres leaving 7.5
acres for resale to cover some costs and the option expires at the end of this week. The
Option Price is $650,000 and the appraisal indicated $669,000.
Motion bv Council Member Tenvav. seconded bv Council Member Paar to exercise
the ootion in the amount of 5649.000. AU in favor. Motion carried unanimouslv.
City Administrator Larson explained that the funds for the purchase of the lands would be
an interfund loan with interest from the Waste Water Treatment Fund to the General fund
to be repaid at the time of the land sales.
5. St. Paul Regional Water Services - Purchase Agreement/Option Agreement
City Administrator Larson indicated that a grant was applied for to purchase the St. Paul
Water Property so the purchase has been broken into two pieces with the first . one having
a Purchase Agreement for the southerly portion of the property of $179,000 which is 1/3
of the price of the total package. He then explained that the City would exercise an
option to buy the second piece of the property by paying $10,000 and there is a Purchase
Agreement for the remaining purchase that spells out the terms of the purchase and that
amount would be $357,000. He further indicated that there will be language in the
document stating that interest would begin accruing from April 1, 2006.
City Attorney Hoeft said that he will look at the documents and fine tune them with Staff
City Administrator Larson indicated that there is a proposal to get back the first portion
should the City not purchase the property that is listed.
Council said that they appreciate the Water Utility working with the City on this.
MObOD bv CouDcl Member Paar. seconded bv Council Member Lee. to aoorove the
documents subiect to rmal review of the City Attom" of the Purchase At!reement
and oodon aueements. AU in favor. Motion carried uDanimouslv.
6. LegallProsecution Services
Nothing to report.
7. Condemnation Resolution
Page 11 of13
/z
City of Centerville
Council Meeting Minutes
F ebruaty 22, 2006
Mayor Capra indicated that she was asked to support a document before the legislature
and she will discuss that with Council at another meeting before she would give her
support.
Motion bv Council Member Lee. seconded bv Council Member Lakso. to aoorove
Resolution ##06-020. a Resolution Authorizin2 Conde.Dation of Private ProDertv for
Public Utility and Drainalre Easements. All in favor. Motion carried unADimODSIv.
IX. ANNOUNCEMENTS /UPDATES
1. City Administrator.. Mr. Dallas Larson
City Administrator Larson indicated he got a call from the Library Director that they
were receiving a proposal from Circle Pines to put the new resource library at the existing
site and Circle Pines has said they will provide the site for $1 and there is another site in
Lino Lakes being offered for a similar kind of price and she had 'asked whether
Centerville had an option for that kind of proposal.
Council agreed that there was nothing that the City could offer at this time.
City Administrator Larson indicated that there is information provided on the engineer's
cost estimate for the backage road project and there is an FYI on the engineer's cost
estimate for the utility planning for the CSAH 14 project.
City Administrator Larson suggested a work session on what to include in the CSAH 14
project.
Motion bv Council Member Lee. seconded bv Council Member Paar. to aoorove not
to exceed 510..0 for eatrineeriDt! fees for the utility imorovements associated with
CSAH 14 All in favor. Motion carried unanimouslv.
City Administrator Larson indicated that business cards with Centerville and Council
names and pricing was obtained and provided for information.
Council Member Terway updated Council on his attendance at the League of Minnesota
Cities newly elected officials training.
Council Member Lakso asked whether anyone else is going to the meth training.
City Administrator Larson indicated that he is looking at having it taped for viewing
during business hours.
Mayor Capra indicated that the City Clerk suggested having city Staff trained on what to
look for outside of resident homes on meth.
Page 12 of 13
/3
City of Centerville
Council Meeting Minutes
Febmary 22, 2006
Council Member Paar said he knows people affected by this and suggested watching
what kids are looking at on the internet because at the age of 13 or 14 year old are doing
this.
Mayor Capra updated Council on the League of Minnesota Cities experienced officials
training and felt it was informative especially the advanced financing training.
x. ADJOURNMENT
Motion bv Council Member Paar. seconded bv Council Member Lee to adiourn the
Febroan 22. 2006 City CODDCD Meetins! at 8:55 D.m. AU in favor. Motion carried
unanimouslv.
Transcribed by:
Joan Lenzmeier, Recording Secretary
TimeSaver Off Site Secretarial, Inc.
Page 13 of 13
/1
City Council 02-28-2006, 6:00 p.m.
Special meeting
Present were Mayor Mary Capra, Council members Michelle Lakso and Richard Terway.
Also present were Paul Palzer, Tom Peterson ofBonestroo " Assoc, and Jim Hoeft, City
attorney. Council members Jeff Paar and Tom Lee arrived later. The purpose' of the
meeting was to consider acquisition of property related to the 21. A venue-backage road
project.
Danas Larson reviewed status the 21st AvenueIBackage Road and industrial site
project. Developers of the property in Lino Lakes are not ready to commit to special
assessments or dedicating right of way. Gerald Rehbein had committed to providing
right of way and paying up to '150,000 toward the cost of the project, but is sellinS to
the developers Bart Rehbein and Shingobee Real Estate who have other ideas. Utility
construction costs are about $1.4 million. The Council already approved site acquisition
of the property associated with the backage road at $650,000. The Council felt that if
we cannot get the developer and Lino Lakes to commit to participation, then a 24 foot
gravel street would be installed on the Centerville portion of the roadway and left until
Lino Lakes decides to work on the improvement. Tom Peterson indicated that the
previously proposed right of way acquisition of 33 feet for 21st Avenue should be
sufficient to make the ~mprovement. The backage road would be adjusted at the 21st
Avenue intersection to match as closely as possible to the alignment of North em Lights
Blvd in Lino Lakes. No formal action was taken.
The meeting was adjourned at 7:10 p.tn.
Dallas Larson
City Adm;nistrator
/~
ervi[{e
*E.)i:afj(ishei{ .18_<7
CITY OF CENTERVILLE
03/03/06 10:57 AM
Page 1
*Check Summary Register@)
Name
10100 MAIN STREET BANK
Paid Chk# 021080 ASSURANT EMPLOYEE
Paid Chk# 021081 BANYON DATA SYSTEMS INC
Paid Chk# 021082 BONESTROO, ROSENE,
Paid Chk# 021083 CENTERPOINT ENERGY
Paid Chk# 021084 DAHLEN, DWYER & FOLEY,
Paid Chk# 021085 DAMON FARBER ASSOCIATES
Paid Chk# 021086 DAVE KICHLER INSPECTIONS,
Paid Chk# 021087 GATEWAY COMPANIES, INC.
Paid Chk# 021088 GATOR SIGNS
Paid Chk# 021089 INTERNATIONAL UNION OF
Paid Chk# 021090 KEY AUTOMOTIVE SERVICE
Paid Chk# 021091 KJOHLHAUG ENVIRONMENTAL
Paid Chk# 021092 LAUGHLINS PEST CONTROL
Paid Chk# 021093 MENARDS - FOREST LAKE
Paid Chk# 021094 METRO SALES INCORPORATED
Paid Chk# 021095 MN DEPARTMENT OF HEALTH
Paid Chk# 021096 NCPERS LIFE INSURANCE
Paid Chk# 021097 PC SOLUTIONS, INC.
Paid Chk# 021098 PENFIELD, INC.
Paid Chk# 021099 aWEST
Paid Chk# 021100 TOWN CRIER PROMOTIONS
Paid Chk# 021101 US BANK CORPORATE TRUST
Paid Chk# 021102 XCEL ENERGY
MARCH 2006
Check Date
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
3/8/2006
Total Checks
Check Amt
$121.50 SHORT TERM DISABLITY INS - MAR
$1,560.02 WINPAY & WINFUND SUPPORT
$21,170.67 GENERAL - SERV THRU JAN. 2006
$2,685.28 7087 20TH AVE S. - SERV THRU 2
$1,500.00 Appraisal of 1601 Lamotte Driv
$1.101.80 ANOKA COUNTY LIBRARY
$1,816.00 ELECTRICAL INSPECTIONS
$2,112.96 NEW COMPUTER
$76.68 REPAIR VINYL FOR VANDALIZED S
$90.00 MARCH UNION DUES FOR T.PETERSO
$15.37 SUPPLIES
$2,219.31 PROF. SERV FOR CENTERVILLE - D
$133.13 PEST CONTROL - TREAT FOR ANTS
$96.89 SUPPLIES
$562.16 ROCOH COPIER - QUARTERLY BILLI
$1,187.00 SAFE WATER TEST FE
$32.00 MARCH LIFE INS - T BENDER & J
$4.400.00 BLOCK SUPPORT LABOR HOURS FOR
$4.812.50 RIGHT OF WAY EASEMENT- PARCEL
$514.05 429-4834 - SERV THRU MARCH 15
$314.77 CLOTHING ALLOWANCE
$431.25 ACCT# 801112000 - AGENT/INCIDE
$1.076.64 1880 MAIN ST - SERV THRU 2-4-0
$48,029.98
NOTE: THERE WILL BE AN UPDATED LIST OF DISBURSEMENTS FOR APPROVAL ON 03-08-06.
/i;
Centennial Fire District
Check Register
2/1712006
The disbursements listed below are submitted by the Centennial Fire District for your approval:
DATE
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/17/2008
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/1712OCJ8
2/17/2006
2/17/2006
CHECKI NAME
15054
15055
15056
15057
15056
15059
15060
15061
15062
15063
15064
15065
15066
15067
15066
15089
15070
15071
15072
15073
15074
15075
15078
AlIina Education & Research
Blue Tow Service
Cameron Haapoja
Cedar Creek Automotive. Inc.
Comcast
Connexus Energy
David Bruder
Emergency Apparatus Maintenance
Fire Marshals Assn. of Minnesota
Franklin Products
League of Minnesota Cities
LaffIer Business Systems
Metro Fire
Milo Bennett
Minnesota State Fire Chief's Association
MN Fire Agencies Purchasing Consortium
MN Fire Service Certific8tion Board
North Memorial EMS Education
Pearson Education
PubUc Safety Center. Inc.
Qwest
Viking Office Products
Xcel Energy
Total
ACCOUNT
42190 - Fire Prevention Supplies
42000 - Vehicle Maintenance
42100 - Fuel and Lube
42000 - Vehicle Maintenance
42240 - Telephone
42252 - Station 1 - Electric
42100 - Fuel and Lube
42000 - Vehicle Maintenance
42200 - Dues and Memberships
42190 - Fn Prevention Supplies
42140 - Insurance Expense
42180 - Office Supplies Expense
42130 - Equipment Expense
42180 - Office Supplies Expense
42200 - Dues and Memberships,
42200 - Dues and Memberships
42220 - Travel. Conference, School
42220 - Travel, Conference, School
42220 - Travel, Conference, School
42130 - Equipment Expense
42240 - Telephone
42180 - Office Supplies Expense
42254 - Station 2 - Electric
1011
AMOUNT
86.90
179.73
8.75
100.33
95.00
329.20
5.33
450.88
35.00
620.58
12,985.00
79.52
2,944.90
78.25
385.00
35.00
110.00
200.00
883.03
82.64
214.45
285.10
~
20,821.77
/1
Centennial Fire District
Check Register
31312008
The da.bursements listed IIeIow .. 8IIIImitted by the _ File District for your approval:
DATE
31312006
3I!IlOO8
3fJI2OO6
3I3I'lOO8
3fJI2OO6
31312008
3I3I'lOO8
3I3f2OO6
3I3I'lOO8
3I3f2OO6
3fJI2OO8
3I3f2OO6
31312008
3I3f2OO6
3fJI2OO6
3f.3I2OO8
3fN.2OO8
3I3f2OO6
31312008
3fJI2OO6
CHECKI NAME
1SDTf CapltoI City Mutual Aid Asscoiatlon
15078 cnennlal UtilItIes
15079 CenterPoint Energy
15080 Comfort Plus Heating and Cooling
15081 David Bruder
15082 Emergency ,...... M8intenmace
15083 Ffattallo1... H8rdware
15084 Keeprs, Inc.
15086 liz Sheehy
15086 Mcleod USA
15087 Metro fire
15088 Metroc8II
15089 MN Chapter IAAIIJeffrey G. SGh8cIeII
15090 MN Metro Fn Chief OfficeI's Assocation
15081 Randy D._
15092 Rivard Tailoring
15093 Sedgwick
15094 Speedway SuperAmerica
15095 V~ Wn1es8
15096 Viking Office Products
ACCOUNT
42200. Dues and Member8hIps
4.1 · StatIon 1 - Gas
42253 - Station 2 - Gas
42110... Other MaInten8nce
42220 · Travel, Conference & School
42000 · Vehicle MIIintenInce
42110.0tler~
42120. Uniform Expense
42220. Travel, eonr... & School
42240. Telephone
42130 · Equipment Expense
42240 - Telephone
42220 · Travel, COli'''' IG8 & School
42200- Dues and _
422D0- D..-end_
42120 - Uniform Expense
42110 · Other M8Intenance
42100 - Fuel & Lube
42240. Telephone
42180 · Office Supplies
1of1
AMOUNT
60.00
741.03
1,204.76
98.00
48.92
3.230.14
13.13
161.67
371.8D
356.35
547.71
92.03
120.00
100.00
75.00
147.50
799.00
82.23
84.89
46.n
8,371.03
If
Earlv Refristration
GOVT 178925
2006 Minnesota Municipal Clerks Institute (MMCI)
Name: S(~2.e-eVley 6r/~ It"
Last . First
City of C-t vJ ~ev I j I L Population~
. Department:. --B ~ lOrA.. Yl. +, ~ ~ ...
Position Title: III ~ oo...YL+ . ej~ /L.IL "]:I::
Address: /81(0 fYJlt{ ~ . S./1.a+
City, State, Postal Code: Cf",../e,ru:ILt M1.tf) ~~.. YEAR THREE
Work Telephone: Ie )/-~ ze;, S2-~ E-mail address:h~ ~vl!.. (l~ ~ytJiJ '/"'/:;: ;"~~signate a year
Soci~1 Security No. I D7 7, '. (Last 4 digits only). '. '.
~Iease do not list my email address on the public list (please check).
Scholarship and Payment Information for 2006 MMCI:
Ii\..
Please Enroll me in
the 2006 MMCI for:
Mol.
~7DO
~EAA ONE
~ YEAR TWO
Before May 16: MCFOA member: $410
After May 16: MCFOA member: $430
Non-MCFOA Member: $450
/-"---..~.........-....\
(_ I plan to attend the \
\ banquet on Thursday j
. .
.....................--...~-~."..._.._-~/
Non-MCFOA Member: $470
V I am applying for an MCFOA scholarship.
I understand you will bill me in May and that payment is due before the conference.
I wish to secure a place at the Institute and enclose payment in the amount of $
[Check or money order is payable to University of Minnesota. A $20 service charge will be applied if returned for insuf-
ficient funds, closed account, or Stop Payment request.] .
Lplease bill my employer. reference Purchase Order no.
Please charge my credit card in the amount of $
- Visa _ MasterCard _ Discover _ American Express
Card Nu-mber:
Expiration Date:
Name as Printed on Card:
Signature of Cardholder:
Mail registration and payment to:
GOVT 178925
University of Minnesota
20 Coffey Hall
1420 Eckles Avenue
Saint Paul MN 55108-6069
Lodging and Conference at
Americlnn Hotel & Suites - Mounds View,.
763-786-2000 or 1-800-634-3444
Reservations guaranteed until June 27th.
Mention you are attend.ing MMCI to get special
Institute room rate of $69.90/night + 9.5% tax.
The information on this fonn is private data, used to identify and locate you, obtain payment, and enable instnlctors to better know their audience.
Name, address, and payment method are mandatory. Jfyou desire CEU certification and do not supply a Social Security number, an' alternative
identifier will be used. Information on this form, except Social Security number, may be shared with instructors and program cosponsors. Cancella-
tions are subject to a $30 service charge. Registrants who fail to attend or who cancel seven days from the start of the program are responsible for
tile entire fie. You must notify the registration office in writing o/your cancellation.
/f!
: "'~'
.;. ":
PURCHASE ORDER
'.Z:",
tervi{{e
Purchase Order #
'Lstabl'isfitll1857
IBBO Mal" SI,Nt
.8elflewl4Ce, IKN IJtHJlB
~/.r,29..lJU2 c, ~~,661"29.B~~,..
....T erms: N'et 30
: ....-
:....:.
Vendor "
Special Instruction . ':;,
GOvr'178925
Quantity Description' .' Amount Code To:
1
K. Sweeney - 2006 MN Clerks Institute
$410.00 Conf. Registration
$0.00
$0.00
$0.00
$0.00
$0.00
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:!JL :j L/~n:~~; ,-' L~J-
TO: Honorable Mayor & City Couneil Members
FROM: Kim Stephan
SUBJECT: KeUy Miller Cireus Fund Raising? Event
DATE: Mareh 3, 2006
The foUowing reeolDDlendation was made by the Parks & Reereation Committee at the March 1,
2006 regularly seheduled eommittee meeting.
Mr. Harry Rawls from the Kelly Miller Circus made an appearance to promote a fund raising event to
the Parks & Recreation Committee. The European style circus has been in existence since 1938 and
tours approximately 220 cities per year. The circus is a one ring format with no seating further than
50' from the ring. The big top seats 1,500 people per performance. The Parks & Recreation
Committee would make a percentage of the tickets sold at 200..4 of the first 200 Advanced Sale Adult
tickets, 40% of the Advanced Sale Adult tickets after the firSt 200 tickets sold, 25% of all Advanced
Sale Children's tickets sold, 25% of all Special Children's tickets sold, and loo" of all Circus tickets
sold by the Circus on Circus Day. Mr. Rawls stated a town of Centerville's size usually received a
$2,500 to $3,500 profit, but has potential for a $5,000 profit.
The Parks & Recreation Committee and the City of Centerville would be considered the Sponsor of the
event The Sponsor is required to provide a suitable show grounds approximately 300' x 300', access
to drinking water, on or near the grounds, for approximately 1,500 gallons, police and fire protection as
required by City ordinance (the Circus does not require police or fire protection specifically), and
permits or licenses as required by law (local, county or state), if necessary. The Circus will clean the
grounds completely, but the Sponsor is required to provide garbage containers and is responsible for
removing containers. A Contracting Fee of $290 is to be paid at the signing of the contract. The only
date available in this area is Wednesday, May 31, 2006. The performances would be at 4:30 and 7:30
p.m.
The Circus provides the following: $1,000,000 public liability insurance indemnifying Sponsor,
landowner and all operations of the Circus, Advance Telemarketing Personnel to sell special
Children's tickets for Sponsor, two (2) 1 & ~ hour performances, all electrical current, tents, seats and
equipment, 1,000 Adult and 1,000 Children's Advance tickets, tickets sold on Circus Day and 150
posters to be installed by Sponsor. Sponsor tickets sold in advance are priced as: Adult - $9 and
Child - $5. General Admission prices sold the day of the show are: Adult - $12 and Child - $6. There
will be 80 box seats available the day of the performance for slightly higher rates. The telemarketers
would contact local businesses to determine if they would be willing to have tickets available for sale
at their businesses. The Circus would mail the information to the businesses, but the Parks &
Recreation Committee would be responsible for picking up the tickets and monies on the day of the
lof2
~/
Circus. The Circus allows the Sponsor to sell four 4 x 6 banners for advertising to be displayed inside
the tent at a suggested price of $100 per b8.nner. The banners would be supplied by the advertising
businesses. This would be a potential for recouping the $290 Contracting Fee. The Circus offers
guided tours on Circus morning. Circus personnel set up the big top at 9 am. as there are usually
many residents who like to watch the tent being set up, as well as offering school field trips to view the
setup. The day of the Circus, there would be elephant and pony rides offered, as well as a moon jump.
Chairperson Peterson asked what the absolute deadline was for letting the Circus know if the City was
interested in booking and was told by Mr. Rawls, it is a first come first serve basis and since the May
31, 2006 date is the only date available, it mayor may not be taken by the time Council can review the
information and make a decision. The Parks & Recreation Committee would like to sponsor this.
event, but felt it was important to do additional research. The committee discussed whether there was
enough room at Laurie LaMotte Memorial Park. Chairperson Peterson said he thought there would be
enough room to accommodate 300' x 300' feet and a fire hydrant is accessible. The question was
asked what if Laurie LaMotte Memorial Park ends up being too wet and the Circus is unable to set up
at that site and it was suggested approaching Mr. Rich Defoe to see ifhe would be agreeable to using
his property at Waterworks for a backup site in the event the park is unable to be used. Chairperson
Peterson will contact Mr. Defoe. Chairperson Peterson will also call references; Committee Member
Amundsen will request a copy of the big top plans to ensure it will fit in the area at Laurie LaMotte
Memorial Park. The Committee would like Mr. Larsen to review the proposal. It was also suggested
Waste Management be contacted to see if they would donate garbage receptacles in exchange for an
advertising banner being placed in the tent. (Waste Management has agreed.)
Motion was made by ChairpenoD Petenon, seeonded by Committee Member Merkel to request
City ConeD approve the Parks &: Recreation Committee sponsoring the Kelly MUler Circus
fund raising event eontingent upon the review of the City Administrator, Mr. Dallas Larson and
the above questions be resolved. AU in favor. Motion earried unanimously.
2of2
ZL
CITY OF CENTERVILLE
ANOIa COUNTY, MINNESOTA
ORDINANCE ##1, SECOND SERIES
AN ORDINANCE ADOPTING TIlE "CENTERVlLLE, MINNESOTA, CODE OF
ORDINANCES,"
THE CITY COUNCIL OF THE CITY OF CENTEllVD..LE ORDAINS:
Section 1. The Centerville Code of Ordinances, Chapters 10 through IS7,
inclusive, attached hereto is hereby adopted.
Section 2. EtTeetive Date. This Ordinance shall be effective immediately
upon its passase and publication according to law.
ADOPTED this _ day of
City of Centerville.
. 2006, by the City Council of the
CITY OF CENTERvnLE
BY:
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
1,3
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE # 1, SECOND SERIES
NonCE IS HEREBY GIVEN that, on ~ 2006, Ordinance #1, Second Series,
entitled "AN ORDINANCE ADOPTING THE CENTERVILLE CODE OF ORDINANCES"
was adopted by the city Council of the city ofCemerville, Minnesota
NOTICE IS FURTHER GIVEN that, because of the lengthy nature of Ordinance #1,
Second Series, the City Council bas directed tbat a title and summary be prepared for publication
pursuant to MinD. Stat. 412.191, Subd 4.
NOnCE IS ftJRTBER GIVEN that a complete, printed copy of Ordinance #1, Second
Series is available for inspection by any person during regular office hours at the office of the City
Clerk, 1880 Main Street, CenterviUe, MN.
NOTICE IS FURTHER GIVEN that the general purpose of the ordinance is to organize
and codify all ordinances of the city for ease ofuse and enforcement. A sutlUMly of the sections is
as follows:
Title 1. General Provisions
Discusses rules of interpretation, future ordinances, captions,
definitions, severability, references to other sections and offices,
errors and omissions, official time, ordinances repealed, amended,
unaffected and supplement code, preservation of penalties,
offenses, rights and liabilities, copies of code, adoption of statutes
and rules by reference, administrative offenses and general
penalties.
Tttle 3. Administration
Elections, Mayor and Council Members terms and salaries,
Administrator, personnel poHcies, Co"1f1'Utlity Service Officer,
Building Inspector and establishing the Planning and Zoning
Commission, Economic Development and Parks and R.ecreation
Committees and their by-laws.
Title S. Public Works
Garbage/rubbish and both municipal and public utilities.
Title 7. Traffic Code
State traffic code adoption; parking and snowmobile regulations.
Title 9. General Regulations
Domestic and nondomestic animals; nuisances; burning; cleanup
of clandestine dtug lab and chemical dump sites; parks and
recreation; Peltier Lake; streets and sidewalks; use of right-of-ways
and sporting, athletic and music events.
Title 11. Business Regulations
92144
,21
Adult businesses; liquor regulations; pawnbrokers; peddlers,
solicitors and transient merchants; body piercing and painting;
saunas and massage parlors; tobacco sales and regulations;
fireworks; rental housing; licensing refuse haulers; licensing water
and sewer service line installers and dances.
Title 13. General OtTenses
Curfew; lurking, loitering and prowling; firearms and gambling.
Title IS. Land Use
Building regulations; sigri regulations; subdivision regulations;
zoning code; flood daPlage prevention and erosion control.
Table of Special Ordinances
Zoning map modifications and uncoded ordinances.
Titles, 2, 4, 6, 8, 10 &, 12, reserved for future use.
NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved
this Public Notice.
APPROVED this _ day of
. 2006.
CITY OF CENTERVILLE
Mary Capra, Mayor
ATTEST:
Teresa Bender. City Clerk
Published in
on
. 2006.
92144
~~
tervi{{e
1880~ainStreet . Centerr;i{Ce,.9vf.N 55038
. T,stao{isfiea 1857 CITY OF CENTERVILLE (651) 429-3232 . P~(651) 429-8629
COUNTY OF ANOKA, MINNESOTA
RESOLUTION #06-021
A RESOLUTION ESTABLISHING PENALTIES FOR ADMINISTRATIVE'
OFFENSES Wlrl~HIN THE CITY OF CENTERVILLE, AS AUTHORIZED BY
CITY CODE, CHAPT. 10, SECTION 10.79.
WHEREAS, City Code Chapter 10, Section 10.79, provides for administrative penalties
for offenses of the Code, and requires that such penalties be established by resolution.
NOW THEREFORE BE IT RESOLVED BY THE CITY COUNCIL OF
CENTERVILLE that the administrative offense schedule be established as follows:
OFFENSE
CODE SECT
ADM PENALTY
Parking hours
Winter parking
Overtime parking
Blocking Fire Station or Hydrant
Fire Lane
Keys in Vehicle
Illegally parked prohibited locations
Parking within 30 Feet of Stop Sign
Blocking Mail Box
Snowmobile-illegal use
Violation of street weight posting
Nuisance habitual barking dog
Nuisance noise
Nuisance snow on public sidewalk
Nuisance refuse, garbage or debris
Nuisance Junk Vehicles
Nuisance appliances or other junk
Nuisance burning
~ Defacing park property
Littering parks
Alcoholic Beverage in Park
In park after posted time
Climbing on trees or buildings in park
Adopted by the Council this _ day of
Attest:
Teresa.Bender, City Clerk
71.01 (F)
71.01 (F)
71.01 (F)
71.01 (4) & (9)
71.01 (12)
70.02
71.01 (12)
71.01 (7)
N/A
72.04-72.07
70.21
90.08 (A)
91.06 & 91.09
91.06 (A) & 93.01
91.04.. 93.01 & 93.02
91.06 (P)
91.06
91.04 & 91.22
92.02
92.04
92.05
92.07 & 92.08
92.16
~ 2006.
$ 35.00
$35.00
$ 35.00
$ 75.00
$ 75.00
$ 25.00
$ 35.00
$ 35.00
$ 35.00
$100.00
$ 75.00
$ 25.00
$ 50.00
$ 50.00
$ 35.00
$ 50.00
$ 50.00
$ 50.00
$100.00
$ 50.00
$ 50.00
$ 25.00
$ 50.00
Mary Capra, Mayor
~
M'
\ '..\
I: i" ( .' ~,- '.
._!I:\;:.a~..._, fl._
:,Ji .L\I~JJf\J\:. .'
TO: Honorable Mayor and Council Members
FROM: Teresa Bender, City Clerk
SUBJECT: New Liquor (On-Sale & Sunday) Applicationffobacco Application
DATE: ~ch3,2006
Chief Makela has completed his background search with no issues.
Property taxes are paid to date; however, utilities are late (please see attached).
;21
Page 1 of2
~--I
fA A !
I ' :
, ,I
1."1:' '",!
LCOIJNT'\~J
...... to the Welt.. of
Anoka County
MiuacID&ta
Property Account Summary
Current Genentllnfo.......n
Property 10 23-31-22-24-0028
Situs Address 7098 CENTERVlLLE RD , CENTERVlLLE, MN 55038-0000
Property Description CENTERVlLLE -VILLAGE OF- LOT 7 . N 20 FT OF LOT 8 BLK 5 CENTERVlLLE -VlLL OF-
Last Sale Price- 185,572.00
Last Sale Date 11/14/2002
Last Sale Document Type WOEE WARRANTY DEED
Unked Property Group Position 10'2 I COck for Unked Details ]
Status Active
Abstract/Torrens Abstract
IPart.
::er
IName
WJB ENTERPRISES INC
Docu....at Recordlna Process D.-
Abstract Documents Have Been Recorded Through 02/24/2006
Abstract Documents Have Been Mailed Through 02/22/2006
Torrens Documents Have Been Recorded Through 02/21/2006
Torrens Documents Have Been Mailed Through 02/17/2006
Active CertItIades Of TItle
Type ICertificate Number lc:ertiftcate Date
No Certificates Found
Documents Recorded Within 30
Type
ATLN AlTORNEYS UEN OR NOnCE OF ATTORNEYS UEN
or "Recorded Thro II" D8e. Above
Abstrac:t/Torrens Recorded Number Recorded Date
Abstract 1982433.001 02/27/2006
1....1II8IIY C.............
Lot Size IE7S*150
* Lot Size: Approximate lot size in feet, clockwise beginning with the direction the lot faces
TIIX Dildrlct Inforlllldlon
Cty Name I CENTERVlu.E
School District Number and Name ICENTENNIAL SCHOOL DISTRICT #12
ProDeltv C....lficIdIon
Tax Year Casslflcatlon
2005 !A-Q)mmerclal/Industrlal/public Utility, 4B1-Resldentlal Non-Homestead 3 Units or less
2004 3A-Commerdal/lndustrlaI/Publlc Utility, 4B1-Resldentlal Non-Homestead 3 Units or less
Proaertv V.I....
Tax Year Description Amount
2006 Est Market Land (MKLND) 52,400
2006 Est Market Improvement (MI<IMP) 253,200
2006 Est Market (MKTTL) 305,600
2005 Est Market (MKTTL) 293,900
2005 Taxable Market (TM1V) 293,900
ITIIX AInoun" for 1I1PR
https:/lprtinfo.co.anokamn.usI(3b34w2SS3eu4yh4S4gfsqn4S)/search.aspx
313/2006
2f
Page 2 of2
Tax Year Description Amount
2005 Total Tax Amounts - Before Payments 8,584.72
2005 Special Assessments (Included In Total) 331.90
- t HlstolY for P88t Three Y._
Date Paid Tax Year PrIncipal Interests, Penalties and Costs Amount Paid
11/12/2005 2005 822.68 65.81 888.49
11/07/2005 200S 3,956.37 335.99 4,292.36
10/15/2005 2005 3,805.67 486.69 4,292.36
05/15/2005 2005 0.00 0.00 0.00
11/17/2004 2004 3,361.08 268.88 3,629.96
05/15/2004 2004 4,897.84 361.08 5,258.92
05/15/2003 2003 7,554.06 528.79 8,082.85
I No Charges are currently due. I
Developed by ASIX, Incorporated.
02004 All rights reserved.
Version 1.0.2230.20213
https://prtinfo.co.anoka.mn.us/(3b34w2SS3eu4yh4S4gfsqn4S)/search.aspx
3/3/2006
29
Page lof2
1- I
I .~ I ~lDtbc......,
ItA! AnokaC!!!ty
ICOll1NTY j
~___~J
Property Account Summary
Current G.....llnfo.........n
Property 10 23-31-22-24-0029
Situs Address UNASSIGNED snvs , CENTERVILLE, MN 55038-0000
Property Description CENTERVlLLE -VILLAGE OF- LOT 8 -EX N 10 FT--EX N 10 FT OF S 4OFT- IlALL OF LOT 9 ILK 5
CENTERVlLLE -VlLL OF-
Last Sale PrIce 20,359.00
Last Sale Date 11/14/2002
Last Sale Document Type WOEe WARRANlY DEED
Unked Property Group 20f2 -- -. - -. -------- - --- -- - - -----1
Position ! Click for Unked Details
Status Active
Abstract/Torrens Abstract
rrt-
:::'r
IName
WJB ENTERPRISES INC
Docu..nt Recordlna Process DIdes
Abstract Documents Have Been Recorded Through 02/24/2006
Abstract Documents Have Been Mailed Through 02/22/2006
Torrens Documents Have Been Recorded Through 02/21/2006
Torrens Documents Have Been Mailed Through 02/17/2006
Actlv. CertIfIades Of TItle
Type ICertlftcate Number ICertlficate Date
No Certificates Found
Doc.......... Recorded Within 3.
Type Abstract/Torrens
No Documents Found
Recorded Date
IIIroDertv CheracterilltiCII
Lot Size IW7S*150
* Lot Size: Approximate lot size In feet, clockwise beginning with the direction the lot faces
Tex District Infornudlon
CIty Name I CENTERVlu.E
School District Number and Name I CENTENNIAL SCHOOL DISTRICT #12
--
ProDeltv C....lfIadIon
Tax Year Casslficatlon
2005 3A-Commerdal/lndustrlal/Publlc Utility
2004 3A-Commerdal/lndustrial/Public UtUIty
ProDeltv V.I....
Tax Yeaf Description Amount
2006 Est Market Improvement (MKlMP) 800
2006 Est Market Land (MKLND) 25,300
2006 Est Market (MKTTL) 26,100
2005 Est Market (MKTTL) 26,100
2005 Taxable Market (TMTV) 26,100
hUps:/lprtinfo.co.anoka.mn.us/(Sqqu2zmhSmtrSqjpmmlqmhai)/search.upx
3/3/2006
30
Page 2 of2
rex AInoune. for N1PR
Tax Year I Description
2oosITotal Tax Amounts - Before Payments
l
I
Amount
9S5.52
- _......._.1 H....rv for .... Three Y....
Date Paid Tax Year Principal Interests, Penalties and Costs Amount Paid
10/15/2005 2005 477.76 0.00 477.76
05/15/2005 2005 4n.76 0.00 477.76
05/15/2004 2004 1,056.61 0.00 1,056.61
05/15/2003 2003 1,081.38 64.88 1,146.26
.
No Charges are currently due. I
Developed by ASIX, Incorpol1lted.
02004 All rights reserved.
Version 1.0.2230.20213
https:/lprtinfo_co.anoka.mn.us/(Sqqu2zmhSmtrSqjpmmlqmhai)/search.aspx
31312006
3/
Date 3/3/2006
Account 02-00000051-00-8
KELLY'S CORNER
7098 CENTERVILLE ROAD
CENTERVILLE MN 55038-9712
Balance Due By 2/15/2006
Balance $278.40
Amount Enclosed
1111111111111111111111111111111111111111111111111111111111111111IIII~
. & 2 &"" &"" 5 1"" R.
1.1.1111.1.11.11..11.1111.1.1111...11..11.11.11.1111111...11.1
For Service at 7098 CENTERVILLE ROAD
Return This Top Portion with Payment
Current 1 Period 2 Periods 3 Periods and
Balance Charges Overdue Overdue more Overdue
$278.40 $255.20 $23.20 $0.00 $0.00
For Service at 7098 CENTERVILLE ROAD
Account 02-00000051-00-8
For Service From 10/1/2005 to 12/31/2005
J
J/-,
.D$te~ 02/~2/06 7i~: lO:eS AM To: '651-407-0364
. 651-641-8981
Page: "01-001
I 'T I
A~OF{Q~~ CERTIFICATE OF LIABILITY INSURANCE DATE (MMJOOIYY'YY)
2/22/2006
p~.couceR FAX (651) 641-8981 THIS CERnFICATE IS ISSUED AS A MAlTER OF INFORMATION
Paulet/Slate.r, Inc. ONLY AND CONFERS NO RIGHTS UPON THE CERTlFICA TE
HOLDER. THIS CERTIFICATE DOES NOT AfI1EHD, EXTE~D 01(
2610 U:oiversity' Ave. I '200 AL TER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
.~ !:..::-:~l l'.lN 55J.14 INSURERS AFFORDING COVERAGE NAle #
UoISUReO ;NSURER .t..: Safeco InsuraDce
Kelly's Korner 1no. , Sahwak of 1..- IDe INSL:RER B. Berkley AdministratoJ:s
dba: Sagers Bar-n-Grill H~SliRER C'
., 0 9 8 CeDte.l.'Vil1.e ad : NSURER 0:
.-
Ceu'te.Lville MN 550380000 INSURER E:
COVERAGES
T~E POLICIES OF iNSURANCE LISTED BeLOW HAVE BEEN ISSUED TO THE INSURED NAMED ABOVE FOR THE POLICY PER~OD II\iCICATEO. l'tJOT\l\JITHSTAND!NG ,A.f~"
RE(}UtREMEUT. TE~M OR CONDITlor'J OF ANY COf\JTRACT OR OTHER DOCUMENT WiTH R'ESPECT TO WHICH THIS CERTIFICA'Te MAY BE ISSUED OR M.AY PERTAIN.
TH r-: INSIJ~ANCE .!Y=FOROED BY. THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL THE TERMS, EXCLUSIONS AND COftjOITIONS OF SUCH POLICIES.
AGGREGATE LIMITS SHOW~J MAY HAVE BEEN 'REDUCED BY PAID CLAIMS.
It-lSR ~DD'L TiP! 01: INSURANCE POLlCV NUMBER POLICY J;FJ~J:mVE POLICY EXPIRATION LIMITS
LTR fNSRD CATE .(MMIDDIVY) DA TE (MMIDD/VV)
I GENER4L LlABU..ITY I EACH CCCUF:RE:NCE $
I
, ~ ~~~1~i~~~1i~:V~i~~~~r, (e:;
_ t:". l".lj';/~r~C~AL -;'~i"~:f\-At..' LiP.S!!.!T: .~
--
1 ~ ~:lA"""I''^"1E . 0 Yr"'lR ~i;=~.: ::}!~ ,;',rv (;n~ (,9r;l.;n:i .~
, I " , ,. .. u ~.' .. '.. - ' . -
i ~~JA.L ~',!. D'\.. I;'~~ 'f
,
-1 . ;~Et'iE~.AL ;'!;GREG..;.'r~ i
~!'..'" ':'~';' E (. I. r::: L :J:T A :"PU ES PE::i ~RODUCiS - ('0~~Hi)P A::<:, $
" ," nr::9l;' nl("~
i :-').'.1 . Jt.....T _'JI_
I l!-~~M O&IlE lIA81L In' COMG:j'JEC. SiNG-'_E utJIT
! (Ea dc\.:oint) $
I .~ ."'\N Y .....J"~ ()
j ~ ~L~. '-I'('~NED A.Ul I)':; ~CViL y IN,Juh~ .
,F.;r P€f~.(..n} $
....- :.CHED'-LEC1 ':).'''; ;'( "~ -
! -- :-~, '~)E~' AUT') :.. 60Dl:..':' Ir~JUR'r'
O:~r ,,((idem: t:
n.; ~'.I...jl.'\'f\iE :::1 AU flY::;
; 10--
I 1--- ~~.---..~ PR(IPERT\' DAM/<...E ~..'t
! ~(:H acc,o.s.'1(
';.AAA~E LfAIU.fN p.UTl.) ON~.';' . EI"', .1, :/.:!C.ENT f.
: ==t ';', , .\.[(. $
OTYFR T~AN E~ ACe
~.l11 :) ,)t. j L Y . AI:oG $
! r::K~SS.t1JMS".ELLA LIABILITY EACH O(;('URPEN'':'E $
-',
~ ,:..;((::A~ o -L ',:-./1-- f 1~D:- AGI..H~EGA TE $
'.., 10\. I I.:;' , . .:.
i
.-
t ==1""'" . ,('TIF l C f
L_L" .. _ ._
!
, .:',:= iF;-iT; I ~.~': $ ~
! WUR;.<E;;;CO\4PENSA "or.~ I\ND wc220412i01403 02/06/2006 02/06/2007 I ,,'ves :-ATt. I I(-~~"
~ EMfi'LOYF.RS' UABIL~TY TOR.,. uM '..~.
; 2~~:~~f~:~~;~:~~~!~~:~~~!.~,~~.c(;UTiVE EL EA.CH A,(:(.IDENT 'I~ 100000
B I c.!.. DI'.;~ASE .. EA t:MF'L~JYt::t: :r; 500000
i I".~ r:~:' .::;.5,'lt''€ '.;!"'I'J~" -
~:::: ~(: .~:.L ::~. ::' \!l'~; Ot<i':: i: '~I.;;~'" EL C11SEASE - POLICY LlM~~' $ 100000
A : O"fHER Liquor Liability 02BP16163330 0' /23/2006 12/31/2006 CSL - $2/000,000
; ~otal Limit - $4tOCO,OOO
,
I -----.---.--..-...... - ----. -... -...-.-..-.-..-
oe~CRIPT:ON OF OPERA TIONS/lOCA TIONSNEHICLESlEXCLUSIONS ADDED BY ENDORSEMENTISPECIAL PRO'liSIONS
Provide~ Evidence of Insurance
ACOtiO-25 (i001i08).----.--~-------
INSOl5 ('J D:~.~ .):~ AMS
CANCELLA nON
SHOULD ANV OF THE ABove DESCRlaeO POLICIES BE CANCEU..I:O BEFORE THE
EXPIRATION DATE THEREOF, THE ISSuiNG II'JSURER ~iLL ENOEAVtJR TO MAIL
~ DAYS ~~rrEN NOTICE TO THe CERTIFfCAlE HOLDER. NAMED ~~'L'EFT, 'BUT
FAILURE TO 00 SO SHALL IMPOSE NO OBlIG,'\TION OR L1ABlL~TY OF AN'( KIND UPON THE
INSURER, IT'S AGENTS OR REPRES&NTA'rIVES.
AUTHORIZED REPRESENTATIVE __ _._,_~___..... __
Jeffrey Stanley/AML ~~~~~~~~
(;ACORD COR'PClRATION 1988
CERT'FICATE HOLDER
Cit~ of Centerville
188'0 MaiD Street
.Centez:ville, NN 55038
.,lt~iF' Mr)ttgege SOI:.:tlonS,lnc ($:)0)3:7-0545
33
02/21/2008 15:18 IFAX forestlakerealtyfax@cbburnet.col . Forestlake Fax ~002/028
82(21/2886 14:87 6514641898 TENNIS AND COLLINS PAGE 82
MJlI8r/Davls Co.. SL Paul. MN 861-842-1888
'1/11,,,'" Form 1811CIPA
COMMERCIAL~DUST~L
PURCHASE AGREEMENT
ThI8 (ann apPfOVBd by the Mlnneaats AsaooI.Uon of
REAL TORSe, whIch dfaclelms any liability
arising Qut of ut. or mfause of WI fOtrn.
"2004, Mlnneaota AsIocIation at REAL TORSe, EdIna, MN
1. Da. II'l!hft.~tf ,nn.c
2. Page 1
3. RECEIVED OF
4. the sum of
5.
gA. R A WTl 011 ~JMrRRyn J." "~ A UinftAa~tA Iimftt1l!ld ~f."i1i1:y ~,A~R"Y
) DOLLARS
u eamett money and In part payment for the 'purchase of propeny
(ohlGlc. CUh or note · .. vmra.)
8. at ?nR4 IIn" '7n~1 r...mev;l1l1J 11ft.". ~"'"tI!M~'A .
7. Stat, of Minnesota, and legally described .a follows:
8. ~AA AftAfthNl Ryldhit A
9.
10. together whh the following personal prop.rcy: ~ftftA
11.
12. ._.
1 S. all of whloh property the unde'llgned has this day lold to Buye, for the lum of:
14 . DOLLARS, which Buye, agres8 1tn "." '" the following menner:
16. earnest money herein pa"" .... , olsh, on MAM" 11
18. 20Q6.., the date of Closing ana tn. Dalane. of bV flnlnolng I' 'hown on the Ittached Addendum.
17. 1. DEED/MARKeTABU TITLE: SubJlo' to perform.not bv luy.r, Stller Igr...10 .-Mute Ind d.Uv,r 8
, B. Warranty Dead conv.ylng marketable. to the properly auDJect anly to the following exoeptlona:
19. (8) buDding and zoning laWl, ordlnanou, Stili Ind Fedar8J regulltlana; (b) I'IItrlCllana relating to UI8 or Improvement 01 the premia.. without
20. effective forfeiture provision; (0) rel'Natlon of any minerai. or minerai rlghtl to the 8tate Of Mlnnt8Ot8; (d) utlnlV and dralnsge eaaementa
21. which do not Interfere wfth prelent Improvlmantli (e) rights of tenanII u followa:
22. 'I'~~w\t Oll an f\nal mnnth tn ~N"IAAIA,t ,n.. ~p'"tI~.pun1A Rftlld
23.
24.
81t".tld In the County of
A.1\^1ra
25. 2. REAL ESTATE TAXES: Rtat Illite taua due and payable In the year of oIDelng ahall be prorated bllwaen SeUe, and auvw on 8
28. calendar ~ar "II to the actual date of clOIlng unl.. othtrwl.. plWldaclln Vda Pureht.. Agreement. Rell__ t8xea payable In the )'8111
27. prior to dOlIng shaD ba paid b~ SeDer. Real.... tax. payable In thl 18- l&lDaaquem to oIoIlng ,haJl be paid by Buyer.
28. 3. SPECIAL ASSES8MENTS:
29. 0 BUYER AND SELLER SHALL PRORATE AS 0' THE DATI 0' OLOSlNG ~ 8ELLIR 'HALL PAY on the elate of _Ine
("". one}
30. alllnstallmenta 0' eplClala...asmlntl certified for pa~.nt with thl ml....te tuN due and payable In the year of cloaIng.
31. 0 BUYER SHALL AlIUME .~ 8ILLIR SHALl. PAY ON DATI 0' GL081NG all ather .peoJaJ ......mentallVled 81 of the
(.h.. .M}
32. date of this Agreement
33. 0 BUYER SHALL ASSUME ~ SELLER SHALl. PROVlD! FOR PAYMENT Of .pecIIl....um.n.. pending 88 of the
(.,...It en.}
34. elate of 1h18 Agreement for Improvem.nCl Ihat have been ordered br the CI~ COuncD or any other gavernmental or private .'88Hlng
35. authorities. (Seller's provleJon for payment IhaII be by plymttlt Into 8ICfOW of 1 112 tImeIlhe estimated amount af Ihl IlHIsmsnta.) If a
36. lpeclal ......ment becomes pending Ifter the date of thII Purch... Agreement Ind before tht etale or clo,'ng, 8upr may. at Buyer's
37. option: (a) IllUme payment of the pending Ipeclal .....ment without adJultment to the purchaa. price: or (b) require Beller 10 pay the
38. pending epeclll ....eement (or 88GrOW far PlVlftent of eam. . sum eqUII to 11/2 amee Ite anJected pending ......ment) and Buyer ahall
39. pay a commensurate Increase In the purchase price of the proP'~r which 1n0ra'l ahaD ba the lime as the Mumeted amount of the
40. lIIU1ment or (c) dlcllre "II PurohlM Agreement terminated by written notice. tD Seller or lIcenIee I1Ipreeentlng at luting SeUer. If Buyer .
41. terminateS We Purohat. Agreement. Buyer and Sener lhall immediately algn . --Datfon of purohaaa agreement directing all earnest
42. monev paid hereunder to be refunded to Buylr. Siller .hlU pay on dlte of oIoIlng eny deferrid N8I Ntlte ~ or apeclal _menta
43. payment of which I. required 88 . nJlult of the aIoIlng of thl. nil.
44. 4. PRORAnONI: Alllttm. oultOmsrllV prorated and adJUItId In connection with the cloaI", of"'t 1." of the proper\' herein including but nat
45. limited to rents, opendlng upI",e., In.,. on lilY debt lluumed by Buyer. lhafl be prorated.. of the date of .llng. It l"aU b. 8Aumed
48. that Buyer will own the prope." far thl InUre dlle of the oloelng.
MNCI:PA.1 (8104)
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PAGE 83
COMMERCIAL..JNDUSTRIAL
PURCHA8EAOREEMENT
47. Addrs.1 7QJt41lnrl7nq!t r!enmMfllll Rna't
48. Pagl2
49. S. DAMAGES TO REAL PROPERTY: If there II any Iou or damage to the property ~etw'8n the dlte h.,eof Ind the date at clallng, for
SO. any "Ison, the risk of lOll the'I be on SeUer. If the property .. denroyad or subltantlaUy daml8ed bafore the aloelng, this Putohl"
61. Agr.ement ahaD terminate, . Buy,r'. option, If Buy.r glv.. written notice to S.U.r or oelna.. "pr_ntln, or 1IIIedng Seller of luoh
82. termlnadon within thirty (30f dava of the damag,. Upon laid tlrmlnatlon, Buyer and S,II,r IhaU Immecllately .Ign I oancellatlon of
53. pureh... 8Dr,ement directing III e.me,t mon.y paid h.reunder to 'I refund'" Buver.
54. 8. EXAMINATION OF~: Within I "asonabll tlm. ahlr l008ptlftO, of this Pureh... Agraement, Sell.r shall prmvld. evldenoe of title
S5. to Buyer or Buye,'. dealaftl1.d tltl. seMc, provld.r, whloh lhalllnolulte prop., Marohl. Govetlng IIsnkruptOle., ItItI and fed'ral
68. Judgments and lIena, and levied and plndlnl ,pealal __llmenta, II followl:
57. IP THE PROpeRtY.s ABSTRACT: SeDer shill provldl .kh'f II) . commitment for.n Owner'. poney of UU,lnsuranct on . currlnt
sa. AL T A form 'uued bV .n !lnaur.r Ilolnod to write title lnIuranH In Mlnn."ta and SeUe, ehln plV the DOlts of evldencI of till. tor such
69. title Insurance polley, and Buyer .hlll plV thl premium for Inv own.r', pOlio, or lend.,', pollOV luued by ,he title Inluranoe oompany,
80. th. title 8xa",ln8t1on f.. Ind thl fn for any endo",m.ntl or other ooverlge. requ,ated by BUYI', or (bJ Abavlat of Tltl. cartlfied .
81. dat.. SeUer ,hili pay for 1IIIbltnotlno faw Ind lurrendar any aNtraot In SlllIr'. po..enlon or oontrol to Buy., It CIMlng.
82. IF THE PROPERTY ,. TORRENS, SIU.r ahall provide, It Buyer's option and 'equllt, either. el) . Ftlglltered Propeny Absuact oeRlfled
83. to dete; or tbJ a commltm.nt for In own..... polloV of tltl. In",nnal on I currtnt ALTA form laeued by Nurer Uoene,ct. write title
84. Inauranoe In Minnesota. 8'''er .".U be "'PORl~I. to paV. und.r 111ht, altlan, onlv tho.. anti nlc....ry 10 prepare thl Real't"ed
86. PrOPSRV AIa.eraoe or aommltm'''1. Buyer .hlll, ., Buyer'. option, pay 'or tither _n luom.y', title opinion or the "'Ie Inturance pt.mlum
86. (tol bo," an own"'. pongy Inel Iny 'Inel.,', poUoy Ind th. ...mlnatlon f"t toO"'.' with "" 00'" for Iny .ndonlmlnt. or oth.r
87. covef'O.' tequeated Irt Buy.rl.
U. Buye, s"ln have ten C 1 OJ bUlln... dive Ifter ,eoelpt of m. AbstrIOt of nUl, RIglltertd Prop.rty AtJlUlat or Utle lnIul'lnol
69. commitment to provldl aa"er, or Ilo.n..e r.pre.entln, or .a.etlng Slnlr, with written otaJ,otIDna 10 '1tI1. 8uylf .hall b' d..",.d to
70. have waived any title obJeotlon. not nde within lUoh ten (10' dlV parlod, txoe" thlt !hit Ihlll not opeme u . waIY., of SIH.,',
71. Govenant to deliver I W.".nlV De.d, If. W.rranty Deed II ,plalfled In thlt Purohl.. Agr..""",, Sell., .hlll use Sell.,', beet efforts to
72. co,rect any tltla objection. noted by Iw.r and to provide markeUbll 1111, bV the "11. of Clo,fng. In thl IVlnt SeU., hi' not aurad the
73. title abjections or otherwl.. prOVided marketable tkI. bv th. Itltl of CloIIng, Setler lhall hlV' In addltlonll thlny (SOt claya to corrlct
74. thl tltl. obJ.ctlone or otherwlle mak.lIt1. matketatJl.. luyer may wllve title obJeotloRl or other d,fects by written nDtlDe to Sellar or
7&. lIe.ne.. r.pr..."tlna or l.alnAg Seller. In Iddltlon tD the thirty (Sot devatlnalon, Buye, 'nd Se".r may by mutual agreement further
78. extend the CI08b\Q date. Leoklng ,uGh eXllnalon, either party mav clHI.r. chi, Purch... Aor..ment termInated end nelth.r Pitt\' ahan
77. be Hable for dIMao.. to 'h. o.ef. luy.r end SeOer "'11I1",m.dllttly "8n I omollllllon of purohl.. Igr.lment dlre;tlng all tam."
78. money paid hereunder to b. refunded to Buy.,.
79. 7. POSSESSION: SeUer ahall d.,IY.r po....lon of IhI property on the dati of Closing.
80. 8. REPRESENTATIONS AND WARRANTIEI: e.. attached Addendum,
81. 9. nME 18 OF THE ElIENCE fOR ALL PROVlIIONS OF THIS CONTRACT,
82. 10. SELLER CERTIFieS THAT 8ELLERO DOE8~ DOES NOT KNOW OF A PRIVATE 8EWER 8YSTEM ON OR SERVING
83. THE PROPERTY: (I' anawlr I. DOlI, .~t."I:wO:)8r.tem DlloIOlure,)
84. 11. SELLER CERnFIE8 THAT SELLER ~DOEsr1 DOEI NOT KNOW 0' ANY WILLI ON OR SERVING THE PROPERTY.
-(;=...j- .
8S. (If answer II DOES, ... Well Dllcl08U,. 8tat8mant.)
8e. 12. ADDENDA. Attach.d .re (numberJ Addenda whloh It. mad, . pin of thll Purchls, Ag,"""m.
87. 13. MISCELLANEOUS PROVISIONS.
88. (It Survival. All of the WlrrenU.., ,.,r..entlllo", and OOVlnenD of thle Alre.mtnt Ih.lllurvlve and be ,"foro..bl. aner the oloalng.
88. tbt InCI,. Agreem,nt, ModlflaaCion. Thl. Puroh..1 Agreemant conltltutel 11\, Ilmple. IIN,ment between the patti.. and supersedea
90. any prior oral or wrlU.n agf.emenu betw.en the pi nit. ",Irdlng the propertY. There .r. no Ylrbll "r......ntl that change th18
91. Purcha.e Agreement end no waI~er of any of I" Ctrma will b. .ffeotlvt unltu In writing ..eouttd by the paRlee.
92. (oJ SUCCI..O.. and AI.IIM, If thl. PurohIH Agreement II ..lIan,eI. I" provlllon, of thl, Purchl88 Alr...tn, shall b. binding on
83. "'OONIIO!" Inel ...Igne.
94. 14. ACCEPTANCe DIADUNE. this offer to purchul, unle.. I.eptlcaleone" "'all b. nuU ami void" 11;&8 p.m.,
ea. &bnl~~ , 2004..- , Inelln .uch IWnt tU .I,neet mon.v .hln b, refunded to Buyer.
MNCI:PA.2 (8104)
:. ::]~~~..:
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82(21/2886 14:87 6514641898 TENNIS AND COLLINS PAGE 84
AI.
98.
(Agent)
100.
102.
JB INTBRPRlSBS,INC.
(Seller'. Printed Name)
By: William J. Blaek
lea: .....dtnt
103.
(Saci8I SeaulIly Number ar Plderlt TIX ID ft1.IMDtt. optional) (Marl'" StIM) (8aaI8I1eauIIty Number II' FedItII TIXID number. optionll) (M1fIt8J S18tut)
104.
(SeOI'" SIgnIIu..)
105.
(s.u.... PrInted Name)
108.
(Social Stourltv Number Of fecit.. T..ID RUmnr. opaoftll)
COMMERCIAL-INDUSTRIAL
PURCHASE AGREEMENT
88. Add,.. ?nl. And '7j)~R ~lmtMvllll! R,,~.....
87. Page a
NOTlCI
<<CAlmp... NImI)
R,pf888nt1
CComPlftV Naml)
Rlpr... ".-
(Date)
Its: ChicfMaaaaer
(Date) (Bup,., 8Ignaturt)
(Dale)
..". PIIftIed Mimi)
C800111 8~ Number or FecllrIf TulD number. optional)
MNCI:PA.3 (8104)
THill' A LEGALLY SIN DING CONTRACT.IP NOT UNDIRSTOOD, lEEK COMPETENT ADVICE.
107.
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3&
Process of Applying for Liquor License
Page 1 of3
Steps To Follow To Apply To State of MN For a Liquor License
The foUowing is a guideline for completing your license process with the state of Minnesota.
There may be further requirements -;aecessary through your local licensing officials.
ALL UCENSEES NEED TO COMPLETE THE FOLLOWING PAPERWORK
REQUIREMENTS WITH OUR OFFICE BEFORE APPROVAL CAN BE GRANTED:
1) Application form(s) fully completed and signed by applicant for each license applied for.
APPUCATIONS WILL BE RETURNED UNAPPROVED IF THEY ARE SUBMITTED TO
OUR OFFICE INCOMPLETE. License applications also need sheriff or local police signature and
county issued licenses need county attorney signature. Licensee name on application is the corporate
name if incorporated; partnership name, if a partnership; or individual(s) name or names if neither a
corporation or partnership. Dates of birth for all officers, partners or individuals must be on application.
2) License form that matches the type of application filled out. For example: A completed wine license
needs to accompany the wine application. (See below for license form numbers). City or county
completes and signs licenses to submit with the completed application(s).
2) Liquor liability insurance certificate that covers your license period completely. (see below for further
details). Do not submit applications for license without liquor liability insurance on either a new license
or renewal. Do not submit insurance company applications or invoices as proof of liquor liability. These
documents are not proof of insurance. We must have a certificate of liquor liability insurance.
3) Workers Compensation insurance certificate if you have employees, or ifno employees a statement to
that effect.
J 4) Sales and Use Tax ID number. Call Minnesota Department of Revenue at 651-296-6181 to apply.
Write sales tax number on liquor license application.
15) Federal Occupational Tax Stamp. Call TTB at 1-800-937-8864. rNe do not need proof of this being
done).
6) $20 buyers card. To request buyers card applications, write to the address above or our forms may be
obtained over the Internet at www.dps.state.mn.us.Fornewlicenses.this card will not be issued until
the licensing paperwork has been received and all requirements are met. Your card will then be mailed
to you to use to purchase' liquor from your wholesaler. Wholesalers will be notified when your
establishment is eligible to receive liquor shipments.
7) If your establishment is brand new and never before been licensed for the type of license you are
applying for, your establishment will need to be inspected by one of our field inspectors. To obtain the
name and telephone number of the inspector in your area to arrange for an inspection of your premises,
write to the address above or refer to our website at www.dps.state.mn.us.
PROCESS TO FOLLOW:
1. Contact city, if the establishment to be licensed is located within city limits, or contact the county, if
establishment is outside of city limits, for the appropriate liquor license application form(s), or if city or
http://www.dps.state.mn.us/alcgamb/alcenflprocess.htm
1/12/2006
31
Process of Applying for Liquor License
Page 2 of3
county is without forms, submit your request for forms and instructions to the address above, or retrieve
them from our website at www.dps.state.mn.us.
2. Contact Minnesota Department of Revenue at 651-296-6181 to apply for a Sales and Use Tax Permit
Number.
3. Contact the Bureau of Alcohol, Tobacco, and Firearms at 1-800-937-8864 to apply for a Special
Occupational tax Stamp. (We do not need proof of this being done).~
4. Contact your insurance agent to apply for workers compensation and liquor liability insurance. Our
office must have proof of both before approval will be granted. Certificates of insurance must be in your
exact cOIporate name if you are incoIporated, or
individual name(s) if not incorporated. The effective dates of the certificate of liquor liability must cover
the license period of your city or county completely. The minimum limits of the policy are $100,000 and
a $300,000 aggregate per policy year per licensed location. Applications submitted for new licenses or
renewals sent without liquor liability are not approved, and are blocked from receiving liquor shipments
from the wholesalers.
After completion of forms, return to city or county for approval before being sent to state of
Minnesota for fmal approval.
FORM NAMES AND NUMBERS
A. ON SALE AND/OR SUNDAY CERTIFICATION: Form #9011 (in cities only), apply if you will
only be serving liquor to be consumed on the premises (use this form only for establishments located
within city limits). Fill out completely, including the fees that the city charged to you for your On Sale
and Sunday Licenses. City Clerk must sign this fonn at the bottom. (Call Lisa Kreter at 651-296-6939
for help in completing your license process for on sale licenses). The actual license is not submitted or
signed by the state for city issued on sale licenses.
B. APPLICATION FOR COUNTY ON SALE INTOXICATING LIQUOR LICENSE: Form #PS 9015
(in counties only, outside city limits) to be used only for establishments that will be selling liquor to be
consumed on the premises). Fill out completely, sign and obtain signatures of county attorney, and
sheriff. Please call your county auditor for help in completing applications. Submit with white county on
sale license fonn. #9038.
C. ON SALE WINE LICENSE APPLICATION: Form # 9114 Apply for this license to sell only wine to
be consumed on the premises in either a city or county. (strong beer may be sold under this license, if
you are also licensed to sell 3.2% beer and your gross receipts are at least 60% attributable to the sale of
food) and you are approved to do so by your city or county). You must be a restaurant with seating
capacity for at least 25 in order to qualify for a wine license. Submit with green wine license fonn
#9115.
D. OFF SALE INTOXICATING LIQUOR LICENSE APPLICATION: Form # 9136. This application
is used for both city and county off sale licenses. For establishments selling liquor by the package.
Submit with yellow off sale license form #9008.
E: APPLICATION FOR CLUB ON SALE LICENSE: Form # 9016. This application is used for private
clubs, not open to the public. Only open to members and bonafide guests. Submit with blue club on sale
http://www.dps.state.mn.us/alcgamb/alcenf/process.htm
1/12/200df
Process of Applying for Liquor License
Page 3 of3
license fonn #9130.
F: RENEWAL OF LIQUOR, WINE OR CLUB LICENSE APPLICATION: Form #9093-96. This fonn
is only used at renewal time for currently licensed licensees with no changes in the licensee name or
ownership. Signatures at the bottom of the form are required as indicated. Please check the back of this
form for completion also. Violations that have occurred within the past five years must be reported on
the back of this fonn each year for five years. This form should not be used if the corporate name is
changing, ownership is changing, or address is changing. Use one of the full applications named above
for these types of changes. Submit with appropriate license form.
G. Application for Retailer Buyers Card: Form # 9135. For new licensees fill out except for the top line,
sign and submit with $20. Renewal applications are sent directly to business establishments at prior to
renewal time. Renewals only require a signature and $20. If a renewal is changing ownership or
corporate name, make changes on application before submitting with $20.
Licenses to accompany above applications are as foUows: (must be completed and signed by city
or county before sending):
Yellow Off Sale License F onn #9008 used by both city and county with Off Sale application folUl
#9136
White County On Sale License form #9038, used by county only submitted with County On Sale
application form #9015.
Pink County Combination License form #9082, used by county only submitted together with County On
Sale application #9015, and Off Sale application #9136.
Green Wine License fOIm, #9115, used by both city and county, submitted together with application for
wine license form #9114.
Blue Club on sale License fonn #9130 used by both city and county, submitted together with club on
sale application form #9016.
AFTER LICENSE APPROVAL IS GRANTED BY TIlE STATE, LICENSE IS MAn~ED BACK
TO THE CITY/COUNTY. TIlEY WILL FORW ARB LICENSE TO LICENSEE.
I ~ I Return to Alcohol Enforcement Home Page
Page
I ~ I Return to Public Safety Home¦
http://www.dps.state.mn.us/alcgamb/alcenflprocess.htm
1/12/20J7
Pre License Inspections and Counties Inspectors Cover
Page 1 of2
Pre-License Inspections
Information
Alcohol Inspectors and Counties They Cover
Pre-license inspections are required for a brand new establishment opening for the first time, such as a
new off sale liquor store, new combination on and off sale, new wine establishment or new private club
establishment. Brand new county board on sale establishments also need a pre-license inspection.
However, new city issued on sales do not require an inspection. The exception to this is in the cities of
Aurora, Biwabik, Chisholm, Ely, Eveleth, Gilbert and Virginia. On sales in these cities need a pre-
license inspection for all brand new licenses. Inspections are not required for any of the above licenses
for changes of ownership in a current establishment.
Licenses are not granted final approval until the pre-license inspection is done and all applications,
licenses, insurance documents, $20 buyers card application and check are submitted to the Alcohol and
Gambling Enforcement Division. The $20 check should be made payable to the Alcohol and Gambling
Enforcement Division. Fees for liquor licenses are paid to the city or county where the license is applied
for.
Alcohol Enforcement Agents and the Counties They Cover
c. Mike PoD.
507-829-0632
Mr. Polla performs pre-license inspections and investigations in the following counties.
Big Stone, Brown, Chippewa, Cottonwood, Douglas, Grant, Jackson, Kandiyohi, LacQuiParle, Lincoln,
Lyon, Martin, Murray, Nobles, Ottertail, Pipestone, Pope, Redwood, Renville, Rock, Stevens, Swift,
Traverse, Watonwan, Wilkin, Yellow Medicine, Becker, Clay, Clearwater, Hubbard, Mahnomen,
Norman, Polk, Red Lake, Wadena, Blue Earth, Waseca, Steele, Dodge, Olmstead, Winona, Faribault,
Freeborn, Mower, Fillmore, Houston, Nicollet, Wabasha.
Michael McManus
651-775-5282
Mr. McManus performs pre-license inspections and investigations in the following counties:
Anoka, Chisago, Isanti, Kanabec, Mille Lacs, Pine, Ramsey, Sherburne, Washington, Aitkin, Carlton,
Cook, Itasca, Koochicing, Lake, St. Louis.
Scott MueDer
651-775-5286
Mr. Mueller performs pre-license inspections and investigations in the following counties:
Carver, Hennepin, LeSueur, McLeod, Rice, Scott, Sibley, Kittson, Lake of the Woods, Marshall,
Pennington, Roseau, Steams, Morrison, Meeker, Todd, Wright, Cass, Crow Wing, Beltrami, Benton,
Wright, Dakota, Goodhue.
http://www.dps.state.mn.us/alcgamb/isnpec.htm
1/12/20011 j
Pre License Inspections and Counties Inspectors Cover
Page 2 of2
For information contact:
AI Erickson, Alcohol Enforcement, 444 Cedar Street, Suite 133, St. Paul, MN 55101-2156
Telphone:(651)296-6979;11rr:(651)282-6555;FAU{:(651)297-5259
Last Reviewed/Moditied: June 03, 2004.
URL http://www.dps.state.mn.us/alcgamb/alcenfllcempdir.html
f9
Return to Alcohol
Enforcement
Home Page
http://www.dps.state.mn.us/alcgamblisnpec.htm
111212006~
(f)
Alcah1ll6 Gambling Enforcemlnt
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division (AGED)
444 Cedar Street, Suite 133, St. Paul, MN 55101-5133
Telephone 651-296-6979 Fax 651-297-5259 TIY 651-282-6555
Certification of an On Sale Liouor License. 3.2% Liouor license. or Sunday Liouor License
Cities and Counties: You are required by law to complete and sign this form to certify the issuance of the following liquor
license types: 1) City issued on sale intoxicating and Sunday liquor licenses
2) City and County issued 3.2% on and off sale malt liquor licenses .
Name of City or County Issuing Liquor License C 6"f~e. III t.L l. License Period From: ~ 1",<1 To: ~..ep~
Circle One: ~w License 1 License Transfer Suspension Revocation Cancel
~ ~ (former licensee name) (Give dates)
License type: (circle a1ltbat apply) ~ Sale Intoxica~ ~ Li~ 3.2% On sale 3.2% Off Sale
Fee(s): On Sale License fee:$ ~SOO.oO Sunday License fee: $ ~(JO~DO 3.2% On Sale fee: $ 3.2% Off Sale fee: $
Licensee Name: .s4UAtA( !JII1JMV(JD1'4' J -$',vl. DOB lJ - .30-1 Y Social Secmity #_
(corporation, parlnership, LLC, or Individual)
Business Trade Name ~~! L'iAA-IJ- blhLL Business Address 7Q9i ~;tJ{iP."'LU dn, City Ct.Jt'lRIIII,"c..
Zip Code jSQ3g County tljtJ~ Business Phone '51 - 053 ~ 779L- Home Phone 651-'107- 7 ~dJ
Home Address ..'i'l'l-S JS7 '1! S1: M City till bo, Licensee's MN Tax ID # gJ- OSOS~
(To Apply can 651-296-6181)
Licensee's Federal Tax ID ## JO- i.JJ~7g~3 8
(To apply can IRS 800-829-4933)
If above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer:
/tJtfA4L- JAtt1l.5 SAb6R IJ-3o-h~ .5&J<jS lS19 S7.~
Partner/Officer Name (First Middle Last) DOB Home Address
(partner/Officer Name (First Middle Last)
DOB
Social Security #
Home Address
Partner/Officer Name (First Middle Last)
DOB
Social Security #
Home Address
Intoxicating liquor licensees must attach a certificate of Liquor Liability Insurance to this form. The insurance certificate
must contain all of the following:
1) Show the exact licensee name (corporation, partnership, LLC, etc) and business address as shown on the license.
2) Cover completely the license period set by the local city or county licensing authority as shown on the license.
Circle One: (Yes €;J During the past year has a summons been issued to the licensee under the Civil Liquor Liability Law?
Workers Compensation Insurance is also required by all licensees: Please complete the following:
Workers Compensation Insurance Company Name: 8atuy AMMtJJ-S11lA1'uA.1 Policy# We ~'JtJY J~7Qly()J
I Certify that this Iicense(s) has been approved in an official meeting by the governing body of the city or county.
City Clerk or County Auditor Signature Date .
(tille)
On Sale Intoxicating Uquor Heensees must also purchase a 510 Retailer Buyers Card. To obtain the
application for the Buyers Card, please call 651-115-6109, or visit our website at WWW.dDs.state.mn.us.
(Form 90 II-II/OS)
4t
(i)
Atcoltal Ii GmllDg Eafon:.mem
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division (AGED)
444 Cedar Street, Suite 133, St. Paul, MN 55101-5133
Telephone 651-296-6979 Fax 651-297-5259 TIY 651-282-6555
www.dps.state.mn.us
License type code:
ADDleation for ODtionall AM Liauor License
.,-,'")
2AM License Expiration Date r(~/, fl ~L::~ wZiJj~ ID#
/ ':'~ ("'or Utllce Use Unly)
/~
Licensee Name: ~SAHjfW( JJ~ n~.t~lSo1"4. ~rflI',
Trade Name: __C;A~R~ ~-Al- 6/lItL ·
Licensed Location Address: 70 '11 Ct~(lA"(U (. It I),
City, State, Zip Code: CrAJftAtllulJ IIII;V, SJo.j1
Business Phone: 6~/- 6~1 "'" 7791
If the above named licensee is a corporation, partnership, or LLC, complete the following for each partner/officer:
16ePAlv,i 'J/tp1tJ $AbGR IJ-J() ~'6Y ~~S is) 1'JJ s".J'1.I.
Parbler/OfficerName' (First Middle Last) DOB ,^",ICII a.ANUIUJ rr Home Address
Partner/Officer Name
(First Middle Last)
DOB
Social Security #
Home Address
Partner/Officer Name
(First Middle Last)
DOB
Social Security #
Home Address
Licensee must report previous 12 month on sale alcoholic beverage gross receipts by checking one of the boxes
below. Next to the box you check is your 2 AM license fee. Make check payable to: Alcohol aDd
Gamblina Enforcement Division (AGED). Mail this application and check to : AGED, 444 Cedar St., Suite
133, St. Paul, MN 55101-5133.
o $300 2 AM license fee - Up to $100,000 in on sale gross receipts for alcoholic beverages
D $750. 2 AM license fee - Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages
o $1,0002 AM license fee - Over $500,000 in on sale gross receipts for alcoholic beverages
D $200 2 AM license fee - ~.2% On Sale Malt Liquor licensees or Set Up license holders
l( $200 2 AM license fee - Did not sell alcoholic beverages for a full 12 months prior to this application
~ Yes 0 No Does your city or comty licensing official allow the sale of alcoholic beverages mtil 2 AM?
Licensee Signature
(I certify that I have answered th
Date
City Clerk/County Auditor Signature
(I certify that the city or county of
Licensee Minnesota Tax ID Number (Required)
Date )-ll.rd6
Licensee: Prior to submitting this appDeation to the Alcohol and Gambling Enforcement Division, it must be
signed by your loeal city or eounty Deensing official.
(2AM-l1/0S)
J3
DEPARTMENT OF PUBUC SAFRTY
ALCOHOL AND GAMBLING ENFORCEMENT DIVISION
444 Cedar Stnet Suite 133
St Paul, MN 55101-5133
Phone (651) 296-6979 roD (651) 282-6555
Fax (651) 297-5259
APPLICATION FOR RETAILER'S (BUYER'S) CARD FOR LIQUOR AND WINE
PLEASE RETURN THIS APPLICATION WITH FEE $21..
TYPE CODE BUYER'S CARD BXPIRBS IDENTIFICATION #
'OffICB Use Only)
NAME OF UCENSEE (AS SHOWN ON UCBNSE
SAUAvJK 01 M.'"/fl{Jf)Y'4J ~rJl.
BUSINBSS NAME (DBA)
SA661('J 8AR~)/-6R,U
COUNTY BUSINESS PHONE
/J,vOIt1 JJ/~bJJ~ 7'Y1j
,STATE, ZIP CODE
Ctl1!ffl)lIl/;tf, l31,,). S"So3f
PS 9135 (11198)
#
CITY OF CENTERVILLE
APPLICATION FOR LICENSE TO SELL
TOBACCO PRODUCTS AT RETAIL
The undersigned, residing at 51./ClS IS] t!t SrI ,'1i. intheCityof IluhO
in the County of JlASNltJlhi'j),J . State of Minnesota, Residence Telephone: llJl ).!:/.D2- 7JOI HEREBY
~AM~ll. j'. .sA6~
MAKES APPLICATION FOR LICENSE to be issued to Sfl~~ II J1i/o"rl., :;''''4 DBA 5A'.p~~ l~p-#.6Rltl
,
. to sen tobacco products at retail at 7098 CENTERVlLLE ROAD, Business Telephone: (~) 6J~ -:nJ1
in the City of Centerville, Anolra County, Minnesota for the term of one (1) year beginning with the 1st day of
Feb,.".", ZOtJ6, subject to the laws of the State of Minnesota and the ordinances and regulations of said City of
CefttenJille pertaining thereto, and herewith deposit $85. Of} in payment of the fee therefore.
Report below details of tobacco law violations that have occurred within the last five years. (Dates, offenses,
fines or other penalties):
Report below details involving any license rejections or revocations:
By signing this renewal appliclllioll, applictmt certifies tlud there IuJs bee" 110 clulnge ill owllelShip,
corportlte officers, or ptl1'tllers. q cluuages hll1'e occ"wed durill' the pllSt12 mollths, complete ill its entirety the
~hed Tax CleartUlCe Illfot7lllltioll, sign below.
Date: )- 16"'06
~/~
Si . e /
1tUAArlll 1: 5A6{/(
Name (Print)
FOR OmCE USE ONLY (Do Dot write below this line)
Report by Po6ce Department
This is to certify that the applicant and the associates, named herein have not been convicted within the past five years of any
violation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or tobacco
relateddevice:-7.~./ .~.. 'the ~~6
Sigaature~t1~ Title ch,rP aP Poh'cl/-/
~~
NOTIFICATION FOR LICENSE INVOLVING PRIVATE
OR CONFIDENTIAL INFORMATION
(Includes Tennessen Warning)
In connection with your request for a license, the City has asked that
you provide information about yourself which is classified as private,
confidential, nonpublic, or protected nonpublic under the Minnesota
Government Data Practices Act. This means that this data is not
ordinarily available to the general public. Accordingly, the City is
required to inform you of the following:
1. The purpose and intended use of the information requested is to detennine if you
are eligible for a license from the City of CenteIVille.
2. You are not legally obligated to supply the requested information.
3. The known consequence of supplying the requested information is that the
information of further investigation could disclose information which could
cause your application to be denied.
4. The known consequence of refusing to supply the requested information is that
your request for a license cannot be processed.
5. A criminal charge, arrest, or conviction will not necessarily bar you from
obtaining a license with the City, unless the conviction is related to the matter
for which the license is sought, according to Minnesota Statute 364.03.
However, failure to reveal the requested criminal information will be considered
falsification of the application and may be used as grounds for the denial of the
application.
6. Other governmental agencies necessary to process your application are
authorized by law to receive the information provided.
7. The City is required by law to furnish some of the information to the
Department of Labor and IndustIy and the Minnesota Commissioner of
Revenue.
8. During the application process, your name and address may be released to the
public. If the license is granted, all the data supplied will be available for
inspection by the public.
The undersigned, by signing this notice, acknowledges that he/she has read and
understood the contents of this notice and has received a copy of this notice.
)-/6-'06
Date
~
TAX CLEARANCE INFORMATION
TO LICENSE APPLICANT:
Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is
required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax
Identification Number and social security number of each license applicant.
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required
to advise you of the following regarding the use of this information:
1. This information may be used to deny the issuance, renewal or transfer of your
license in the event you owe the Minnesota Department of Revenue delinquent
taxes, penalties or interest;
2. Upon receiving this information, the licensing authority will supply it only to the
Minnesota Department of Revenue. However, under the Federal Exchange of
Information Agreement the Department of Revenue may supply this information
to the Internal Revenue Service.
3. Failure to supply this information may jeopardize or delay the processing of
your licensing issuance or renewal application.
Please supply the following information and return along with your application to the agency issuing the
license. DO NOT RETURN TO THE DEPARTMENT OF REVENUE.
LICENSE TYPE: IJJll.s~U hilJlO.f
NEW IX]
RENEWAL [ ]
LICENSING AUTHORITY:
City of CenteIVille
LICENSE RENEWAL DATE:
Business Name:
BUSINESS INFORMATION:
5Abe;J [fAR- jI/~ 6(ljtL
Business Address: "70 9~ Ct:,"r((;f finLi ,.f 0
C fNt1i? Ii' u..f,
[City]
)1IJ J~1J [
[State]
_J:fL1J8
[Zip]
Business Telephone Number: 65 j - 6. ~ ,1 - 7 7 9 L
List of Officers or Partners (full name, title, and social security number):
Full Name: -(l1?Il AIJ{ [ j;q;t1/S SA-U/{
Tide: Hi l51IJti'\rr
,
Social Security Number:
Full Name:
Title:
Social Security Number:
Full Name:
Title:
Social Security Number:
Full Name:
Title:
Social Security Number:
IF A CORPORATION:
Corporation Name: SA ~~IltK. tJf !41JtJ"'.; fvc.
Business Address: 70 9~ C fV'fU?t/i L tl. io.,
dba SAb6RJ J3AR-/VJ' bRILL
/f'J
Incorporation Date:
fE,:'?J II; rJ) /k20/;
List of Directors:
List of Stockholders:
PERSONAL INFORMATION (if sole proprietor):
Applicant's Name:
Applicant's Address:
[City]
[State]
[Zip]
Home Telephone Number:
Social Security Number:
ALL APPLICANTS:
List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business
to be conducted under the license for which this application is made and describe their interest in detail
below.
Addresses:
Assumed or Trade Names, if any:
Business Telephone Number: 6. {, - 6 s. J - 77 9t Home Telephone Number: & S I ~ 'I a 2- 7 JIJ /
Has any person named in the application ever been convicted of a felony? D Yes ~ No
If yes, set forth the offense, date, county and stated of conviction:
Applicant agrees that any manager employed in the licensed premises will have all qua1ifications of a
licensee and that the manager will not violate any city or state laws.
Minnesota Tax Identification Number: ~:J. - 050.5;),
Federal Tax Identification Number: :) 0 - '1J~ 7<l.3~
If a Minnesota Tax Ide . ca. on Number is not required, please explain on the reverse side.
Signature/ Position (Office, Partner, etc.): (Jf( /51121 N '1"
f
Print Name: "16t;(/AIlJ{ i .:f. >96tf' Date: J.,/J '/ah
4P
CERTIFICATE OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold
the issuance or renewal of a license or permit to operate a business or engage in an activity in
Minnesota until the applicant presents acceptable evidence of compliance with the workers'
compensation insurance coverage requirements ofMSS Chapter 176. The information required
is: the name of the insurance company, the policy number, and dates of coverage, or the permit
to self-insure. This information will be collected by the City and retained in the files.
This information is required by law, and licenses and permits to operate a business may not be
issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this
information is not provided or falsely stated, it may result in a $1,000 penalty assessed against
the applicant by the Commissioner of the Department of Labor and Industry.
Insurance Company Name:
(NOT the insurance agent)
8611K(~ f/(J1'41 idli S-(,M-rLlJ'~
Policy Number:
WC#dJO~ jJ70P(03
~-h-06 TO 1'1, -a7
(OR)
Dates of Coverage:
I am not required to have workers' compensation liability coverage because:
o
I have no employees
D
o
I am self-insured (include permit to self-insure)
I have no employees who are covered by the workers' compensation law
(these include: spouse, parents, children and certain farm employees)
I certify that the information provided above is accurate and complete and that a valid
workers' compensation policy will be kept in effect at all times as required by law.
~7 .~ ~A
Name: . C/lfC4Nl i. \. JA(I1I.'s ~Y1bG/(
, [First] [Middle] [Last]
Name of Business: 5Ah{~S 8/l~'" jV- h/(ltL
709~ C[l:v1't/~ IljLt i )(().
Cfitvf~'lIU E M,v,
[City] [State]
Business Address:
~)fiJjg
[Zip]
'J "' / 6 P'O~
Date
Business Phone:
49
CERTIFICATE OF COMPLIANCE
DEPARTMENT OF REVENUE
Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing
authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota
Business Tax Identification Number and the social securitv number of each license
aoolicant (oerson si2nin2 the aoolication).
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we
are required to advise you of the following regarding the use of this information:
1. This information may be used to deny the issuance, renewal, or transfer of your
license in the event you owe the Minnesota Department of Revenue delinquent
taxes, penalties, or interest;
2. Upon receiving this information, the license authority will supply it only to the
Minnesota Department of Revenue. However, under the Federal Exchange of
Information Agreement, the Department of Revenue may supply this
information to the Internal Revenue Service;
3. Failure to supply this information may jeopardize or delay the processing of
your license issuance.
Please supply the following information and return along with your application:
TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: Od S4t it t1 val
PERSONAL INFORMATION:
Applicant's Address:
'U/?RAI'J{ l JAM'S Y:11?Ci(
~ -
.Si$5 /S1/11 .57', I//.
Applicant's Name:
[~~ti)
/YJlti"
[State]
\~<JOcl~
[Zip]
Social Security Number: _
BUSINESS INFORMATION:
Business Address:
'- <)Ab&l? ~ 13AIl- JV~6/?liL
7(} 9rt CfiVftJiJltlt A1J.
~
[flvi'? l4Lll
[City]
111111; ~
[State]
,s-rIJ1~
[Zip]
Business Name:
Federal Tax Identification Number:
~ ~ - 0 s as 1-
~o ,A '1Ji7~dq
Minnesota Tax Identification Number:
If a Minnesota Tax Identification Number is not required, please explain on the reverse side.
~- Alflu{1'l/1'
goatuIi. osition (Officer, Owner, Partner)
J-II ~(}6
Date
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CONTRACT
This aareement made this _ day of ~ 2006 by aad between the City of CenteJviIle, Municipal
Corporation, hereinafter called "City", and Land Maintenance, Inc.~ hereiDafter called "ContlaCtOf'.
WITNESSETH, that the City and Contractor agree as foUows:
Descri{)tion of Work- Contractor wiD perform the following:
<a) Contractor sbaII thoroughly fBmilifttize bimseJf with City ordinances aacl State
laws dealing with noxious weeds and long grass.
(b) Cont1actor shall, mow grass and weeds on Ci1y puks and other City lands as
requested by the Public Works Director on a weekly or as-needed basis.
Eqoinment- Contmctor shaD 1Umish at Con111Ktor's expease, such equipment, including
riding and/or walking mowers, sickles and weed trimmers, includmg labor and fuel, as
necessary to properly handle the project.
Payment- City shall pay to contJaCtOr the sum of $760 for each mowing. Aeration of
Lamotte IWk and City Hall wiD b completed upon mquest at a cost of $700 each time.
Other work as requested by the City shall be charged at $30 per man-hour. Contractor
sha1I bill the City on a monthly basis and the City shall pay Contmctor upon approval of
the City Council. Contractor's billing shall show address, number of man-hours (1/4
hour tiaction thereot), per property, date of_aDd tota1811lO11Dt biDed
Indemnitv- ContJaCtOr hereby assumes entire responsibility and IiabiIi1y for any and all
damage of any kind or nature whatsoever to aD persons resulting from arising out of or
occurring in connection with the execution of work provided for in this contract. If any
person shall make a claim for damage or injury heIe above descn-w, whether such claim
may be based upon the City's al1egecl breach of any statutory duty or obligation on the
part of the City, Contractor qrees to iDdemnify and save harmless the City, its agents,
servants and employees from and against any and all losses, expense, damage or injury
that the City might sustain as a resu1t of any such claims and the Contractor apees to
assume, on behalf of the City, the defense of any action at law equity, which may be
brought apinst the City upon such claims and pay on behalf of the City, upon its
demand, the amount of judgement that may be entered into against the City in such
action.
In WitDess Whereof, the parties hereunto have set their bands the day and year first
above written.
IN PRESENCE OF:
CITY OF CENTERVILLE A
MUNICIPAL CORPORATION
BY
Arrest:
Mary CapJa, Mayor
Teresa Bender, City Clerk
............................................................................
BY
Witness
CONTRACTOR
6;0
Incorporated
Phone #651-248.4034 651.487.5811
Proposal for Centerville Parks. This contract will be between Land
Maintenance and the City of Centerville. Land Maintenance will mow
all parks May thru October for a total of 25 mowings for the price of
$19,000 or $760.00 per mowing. Aeration of City Hall and Lamotte
Park will be an additional $700.00. Each year after 2006 a 3% increase
will be charged Total contract cost includes all of the required labor,
equipment, and materials necessary to fulfill the terms of the grounds
landscaping specifications attached hereto. Tax will be applied when
applicable. Any extra work to be performed above and beyond contract
a $30.00 per man hour price will be charged.
I have reviewed the proposal for the above mentioned properties ,and
hereby approve and authorize, Land Mamtenance Inc., to proceed with
the scheduled work at the agreed upon cost described above.
Authorized Signature:
Date
Authorized Signature: Land Maintenance
Date
Billing Address
2697 East Ct. Rd. E
P.M.B 520 W.B.L. Mn. 55110
Building address
53
__ jJ
B & C SERVICE
8380 Lake Drive
Lino Lakes, MN 55014
Phone 651-784-7090
Cell Phone 612-275-2354
Email AddressKBOGIP-1@Juno.com
BILL TO:
Paul Pazer
Company City of Centerville
Address 11880 Main Street
Address 2 Centerville, Mn. 55038
Address 3
Phone 651-429-4750
Quotation Date: 08 Feb 06
Quotation Number: Cent grass # 1
Valid' Until:
Deseri tlon Su lies Parts
Mow City Hall, & Public works as well as all grass areas owned by city for the 2006 -
ru - 2008 mowing seasons on a weekly bid of
Amount
$1,500.00
Subtotal
Shipping
Tax Rate
Total Tax
$1,500.00
$0.00
6.50OA
TOTAL
1 SOO.OO"
Comments 1 Notes
I ~......~---__.
"-'--"~~.,-
........ r-1.......................f... ...........
~~ .' . .
..
WI~ ~~ld"Hnvl
II/uOO;i OOMumlllllmHlulRHIII~
B & C SERVICE
8380 Lake Drive
Lino Lakes, MN 55014
Phone 651-784-7090
Cell Phone 612-275-2354
Email AddressKBOGIP-1@Juno.com
BILL TO:
Paul Pazer
Company City of Centerville
Address 11880 Main Street
Address 2 Centerville, Mn. 55038
Address 3
Phone 651-429-4750
Quotatiofl Date: 08 Feb 06
Quotation Number: Cent grass # 2
Valid Until:
DescrlDtlon . SUDanes.l Parts . Amount.
Lawn Aeration of City Hall and laMotte Park area in late October $1,000.00
Subtotal $1,000.00
Shipping $0.00
Tax Rate 6.50oA
Total Tax
TOTAL I:, $ :L.OOO.~()O:
Comments I Notes
I -
f I
Carboniess
..."",
He 381~50
3 PART
PROPOSAL,
w~8 E~h"llI'I$~$
J598'1) -)( t~,J .$ J
~y1tJ~';t (' ;11r1
)
PROPOSAL SUBMITTED TO:
WORK TO BE PERFORMED AT:
.--- NC 3818-50
MAnF IN IIAA
PROPOSAL
i
I - ,
Metro Blade Runners4t LLP
Property Maintenance Specialists
Date: 2-11-06
Customer: City of Centerville
Contact Name: Paul Palzer.Public 'Works Director.(651-429-4750) Cell(651-261-5733)
Address: 1880 Main St
City: Centerville. State, MN. Zip Code, 55038
Phone: 651-429-3232. Fax:
Re: Outdoor Maintenance Per "One Time PerYear Maintenance Specifications"
Aeration: One time per year in Oct, Includes City Hall,and LaMotte Park. $2800.00
6.5% Minnesota Tax S 182.00
Total: 52982.00
Payment terms:
Late Charge:
Contract Length:
Net 30 days upon completion of work
3% per month plus collection cost.
2006 thro~ 2008
This contract will cover your basic lawn care needs for the above mentioned property.
You will find the customer service and quality provided by Metro Blade Runners, LLP is
above and beyond that of the average contractor. Feel free to contact me at 763-516-0511
with any questions. /
.~~ ~
Michael Hammond
Contractor
You are hereby authorized to complete the above work as outlined. Payment will be
made as specified above. A 30 day written notice is required by either party to terminate
this contract.
Authorized Signature
Date
2020 197tb Ave N W
Cedar Minnesota 55011
763-516-0511
Quality and Integrity you can count on
~1
Note: The proposed lawn contract would not need a request for s" price adjuStment for fuel
unless a gallon of gas is $3.50 or more. The adjustment would be $100.00 a week.
Also the total weekly amount that is proposed is good for the three year contract
Thanks, Mike Hammond
~z2:- -J-P
City: Centerville. State, MN.. Zip Code, 55038
Phone: 651-429-3232. Fax:
Re: Outdoor Maintenance Per "Weekly Maintenance.Specifications"
Lawn Maintenance cost per week: (No Chemical)
6.5% Minnesota tax:
Total:
$4..450.00
$ 289.25
$ 4..739.25
Payment terms:
Net 30 days upon completion of work
Late Charg~:
Contract Length:
3% per month plus collection cost.
2006 thro~ 2008
This contract will cover your basic lawn care needs for the above mentioned property.
You will find the customer service and quality provided by Metro Blade Runners, LLP is
above and beyond that of the average contractor. Feel free to contact me at 763-516-0511
with any que~ons.
~L~
Michael Hammond
Contractor
You are hereby authorized to complete the above work as outlined. Payment will be
made as specified above. A 30 day written notice is tequired by either party to terminate
this contract.
Authorized Signature
Date
2020 197th Ave N W
Cedar Minnesota 55011
763-516-0511
Quality and Integrity you can count on
~
.
.Our Service is Spreading"
7060 Valley Creek Plaza #115-28 · Woodbu~ MN 55125
Phone Number 651.458.0778 · Fax 651.436.3864
WW1N: vallevcreekmulch. com
A Division of VaOey Creek Companies, Inc.
LAWN MAINTENANCE CONTRACT
BETWEEN
CITY OF CENTERVILLE
AND VALLEY CREEK LAWN & LANDSCAPE
Client: City of Centerville
Location of Service: Parks/City Hall; as specified by Client Contact Person
Client Contact Person: Paul Palzer
Contract Effective Dates of Service: MAY 1, 2006 TO OCTOBER 31, 2006
Valley Creek Lawn & Landscape, a division of Valley Creek Companies Incorporated, shall
provide the following services for and on behalf of the client in description as follows. All
services shall be performed by Valley Creek Lawn and Landscape in a professional and timely
manner.
WEEKLY LAWN MOWING
· Weekly mowing of all areas of grass specified in location list above. Mowing every week or
as needed May through October as specified by the client contact person.
· Trimming around edges as needed, but no less than once per month.
· Sidewalks and parking areas to be blown off of excess grass cuttings after mowing
. All trash and debris to be picked up prior to mowing at locations listed above
· Any other areas mowed, other than the locations listed above, will be specified separately
per agreement with the client contact person.
. Mowing to be done on Monday or Tuesday of each week.
. Mowing will be billed at an hourly rate of $29.00 per hour.
t -~
"t+vr :J j) ws e- 'Z,? ,/ ~ r7{)! ve4-
fl
Property Maintenance Contract 2006
Valley Creek Lawn & Landscape
Page 2 of 4
ADDITIONAL SERVICES
. Any other additional services of landscaping or maintenance, not outlined in this contract, will
be bid separately with the client contact person specified on this contract.
. Flower beds will be charged at flower cost plus $25 per hour per person for planting
INVOICES & PAYMENTS
. Invoices will be mailed on the 1st of each month.
. Payments are due on the 15th of each month. In all other cases, the invoice will be due net
15. This applies to additional services not covered in the monthly rate of service.
. If Davments are not received on the sDecified due date. Vallev Creek Lawn &
Landsca_ may. at it's sole oDtion and without Drior notice. terminate this contract for
terms of non-Davment. See termination of contract clause.
. Payments to be made May 15, 2006 to October 15, 2006.
TERMINATION OF CONTRACT
Valley Creek Lawn & Landscape may, at its sole option and without prior notice, terminate this
contract for non-payment over 30 days of invoice date. In all other cases, this contract shall
continue in full force and effect until the scheduled effective contract termination date set forth
unless either party gives thirty (30) days written notice by certified or registered mail with return
receipt requested of its intention to terminate. Receipt of a termination notice by either party
shall automatically terminate this contract at the end of the notice period, unless both parties
agree in writing to reinstate the contract prior to the effective date of termination.
For the purpose of the service of notice of termination for the services listed in this contract,
pursuant to the paragraph above, service must be made to Valley Creek Lawn & Landscape
7060 Valley Creek Plaza #115-128, Woodbury, MN 55125. For the purpose of the service of
notice of termination to the client, pursuant to the paragraph above, service will be made to
The Lawn Maintenance Supervisor, City of Centerville, 1880 Main Street, Centerville, MN
55038.
DEFAULT OR DELAY OF GOODS OR SERVICES
~
Valley Creek Lawn & Landscape shall not be liable for delays or defaults in furnishing goods or
services hereunder, if such delays or defaults on the part of Valley Creek Lawn & Landscape,
are due to:
a. Acts of God or of a public enemy;
b. Acts of the United States or any state or political subdivision thereof;
c. Fires, severe weather, floods, earthquakes, natural disasters, explosions, or other
catastrophe;
d. Embargos, epidemics or quarantine restrictions;
e. Shortage of goods, labor strikes, slowdowns, differences with workmen or labor
stoppages of any kind;
elf)
Property Maintenance Contract 2006
Valley Creek Lawn & Landscape
Page 3 of4
DEFAULT OR DELAY OF GOODS OR SERVICES-continued
f. Delays of supplier or delay of transportation for any reason;
g. Causes beyond the control of Valley Creek Lawn & Landscape in fumishing items or
services including but not limited to breakdown or failure of machinery or equipment.
Acceptance of delivery or goods or services shall constitute a waiver and release of Valley
Creek Lawn & Landscape by Client of any claim for damages, setoff, discount or other liability
on account of delay.
INSURANCE
Valley Creek Lawn & Landscape represents that it maintains and shall continue to maintain
insurance covering its liability under this contract for loss or damage to persons or property from
any acts or omissions and arising directly from the provision of service hereunder, subject to the
limitations of this contract. Valley Creek Lawn & Landscape certifies that it has Worker's
Compensation insurance.
INDEMNITY
The Client shall indemnify and hold harmless Valley Creek Lawn & Landscape and any of its
directors, officers, shareholders, employees and agents from and against any action or
threatened action, suit or proceedings arising out of, or as a result of, the indemnifying part's
performance under this contract and against any and all claims, expenses, losses or damages
(including reasonable attorney's fees), arising out of the clients willful negligence or willful acts
of omission.
LEGAL EXPENSES
In the event Valley Creek Lawn & Landscape commences a lawsuit for the recovery of
payments due pursuant to the contract or any other amount due under the provisions of this
contract, due to liability, loss, damage, cost, or expense (including reasonable attorney's fees)
by reason of any act or omission of client or because of default in the clients performance of any
other term or provision of this contract, the client shall pay Valley Creek Lawn & Landscape
reasonable attomey fees and costs and disbursements associated there with.
ADDITIONAL NOTES
. This contract supersedes any and all other agreements, either oral or in writing between the
parties with respect to the matter stated herein and this contract contains all of the
agreements between the parties with respect thereto. This contract may be amended or
modified only in writing and shall be effective only after signed by both parties.
(;;/
Property Maintenance Contract 2006
Valley Creek Lawn & Landscape
Page 4 of4
ADDITIONAL NOTES-continued
. The failure of either party to this contract to insist upon the performance of any of the terms
and conditions of this contract, or the waiver of any breach of any of the terms and
conditions of this contract, shall not be construed as thereafter waiving any such terms and
conditions, but these shall continue and remain in full force and effect as if no such
forbearance or waiver had occurred.
. If any provision of this contract is held to be invalid or unenforceable for any reason
whatsoever, the remaining provisions shall remain valid and unimpaired and shall continue in
full force and effect.
. All work orders and communication must come from the client contact person listed on this
contract for the above listed site. Other persons, other than the client contact person,
handling any portion of said contract must be authorized in writing by the client contact
person to Valley Creek Lawn & Landscape.
. Work shall include all labor, supervision, tools, vehicles, supplies and other services that are
necessary to maintain the above contracted services.
. Vehicles and equipment will be operated safely and procedures employed shall be according
to accepted industry standards.
. Work performance shall comply with the Federal Occupational Safety and Health Act.
PRICING
The prices listed in this contract are valid if the unleaded gas price is below $2.50 per gallon.
If such price should go over $2.50 for the season specified, a new contract may be forthcoming.
CONTRACT RATE: for MAY 1, 2006 to OCTOBER 31, 2006 $29.00 per hour per mower
PLUS APPLICABLE MINNESOTA STATE TAXES.
I hereby accept all the terms in the above stated contract as an acting agent for the above
stated client.
Client Contact Person Signature
Date
Valley Creek Lawn & Landscaping
Date
~~
Memo
February 23, 2006
To:
Dallas Larson, City Administrator
From:
Paul Palzer, Public Works DirectorlBuilding Official ~
Re:
Lift Station #2 Generator
.........................................................................
Since the scada system has been installed we have been able to more accurately monitor
the lift station's pumping cycles and run times. I have a concern with lift station #2
which is. located at Peltier Lake Drive and Mill Road and its limited wet well capacity.
This station serves 218 lots and cycles about eight times on hour. Based on the wet well
capacity and the capacity in the sewer lines below the depth of the manhole lid on Peltier
Lake Drive east of Centerville Road, I have estimated that our residual time before the
sewage would overflow onto the street to be 3-4 hours. This is under normal to high
flow, but could be less during an extreme storm/power outage event.
To prevent sewage backup during a power outage and the potential to backup in homes, I
recommend that the City install a natural gas standby generator permanently dedicated to
this site. I have received several quotes from venders who have done work for the City in
the past and install standby generators. Based on the quotes, I recommend that the City
accept the quote from Aid Electric for $21,765.00 for the installation ofa 30KW
generator as stated in their proposal.
d3
17:01
AID ELECTRIC CORP. ~ 6514298629
SINCE 1979
1622 93rc1 Lane NE
Blaine, MN
55449
DESIGN
CUSTOM BUILD
.An Equal Op{JO/flJ1llty EmfJ/lJyer
DATE: February 22, 2006
NOTES: Please review
NO. OF PAGES: 1
NO. 398
[;101
OFFICE NUMBER
763.571.72&7
FAX NUMBER
763.571.4735
aty of Centenrilfe
AnN: Paul Palzer
FROM: Irian Kovar
bJiil1ltIWtIsI8t:b1lJ1:f11'p.etJlIJ
RE: Generatar for lift statiDn
Paul,
Per meeting on 2/22/06:
Revised C'OStper the quote &om January ))111: $21,765.00
Cost mcrease due to increase in material and Generator ~OSL
NOles per meeting:
· Unit is 120124o.~o]t three phase
· Per the motor data you $upplied me today - the size oftbe generator is still the same
· We will provide you cost for a service CODtract
· We wiD provide you a cost for an LP kit
· Extended warrantee ~SI
· Brand will be MnJ (s~e parts as a Kohler - Built at the Kohler plant)
· Color optiODS will be provided
Please "II with quesrions
1baDk you,
BrilD Kovar
PlUideIit
tfl
.- "'.1/.1.1/ lC:"''''C
J.lC:ii-.JJ.
M1U CLC~I~l~ ~u~r. ? C~J.~lC:JOOlC:J
'..,
'c:'
SINCE' 1979
1622 93" lane NE
Blafne, MN
55449
DESIGN
CUSTOM BUILD
An EqIJaJ 0ppMun1ty Employer
DATE: January 11, 200&
NOTeS: Please review
NO. OF PAGES: 2
I~U. ta='C b'ta.L
OFFICE NUMBER
763.s71a7267
FAX NUMBER
763.571.4735
CIty Of CenteNille
AnN: Paul Palzer
FROM: Brian Kovar
btfMtlsWM:lritllZll'/J.t:INII
0: Generater install for lift station
Paul,
Pel' site review. we are pleased to provide a budget "Dot TO exceed cost" for the installation of a new
Natural Gas Generator including:
· Provide one CODcrete pad with ",bar reinfotc:eJDeJU. excavate ground as needed
· Provide ODe 30-KW Natural Gas Kohler Generator with sound attenuated enclosure rared
for low Decibelnating.
· Provide a NauuaJ 01S aUowancc for a new service fO rile Generator ($900.00 allO\\lance _
open mvoiciq to lIIake verifY Ibis cost - Utibty rees are not included in this budget)
· Provide and install one Automatic transfer switcb with logic for starting 8Ild testing the
generator weekly. Logic also installed to call out or trip an alarm to the monitor system.
Transfer switch and. generator are the same brand and can be serviced by the same service
comp~.
· Provide aU camroJ wiring hm the tI'ansfer switch to the generator
· WiriDg for battery charger ad taDk heater (new circuit trom panel)
· Starr IIp and DaiDiDS provided by local represenTAtive
· Pcrmir fee mcluded ~ r, J
S.ut, J pcO~ % ",,,1e- .." ~ 1..
A~ve wodc complete for the sum of ~1.445~cm (bIX included)
Notes:
· N. Gas service fee by Centervil1e
· Restm:atiOD of dirt to be hand rake existing soil (sod or seed not included)
· I - year factory WUTaIltee on complete iDstaJlatioD
· PricinC"good for 31 days from date of this quotatioD
· Commodity pricing lood for lS-days (wire)
· GeDerator projects COIIIpleted by Aid BJec:mc over the past 2-years -reference Jetters
available
I. loh8llDa Fire DeparaneDt
2. New Brighton Family Service center
3. Norfbtown MaD - backup 2 oftbe 3-servk:es (2 -12S0KW geoeraton)
4. Waymore transport'atiOD - Fridley
s. Russ Davis Wbolesale - !Dver Grove Heights
6. ' SEe Fnmcis Fire Department -
7. Ci1)' HalJ Cin:le PiDes
S. .RId> System - Corporate facility (3-unirs ranpg &om 600.KW to 2M- watts)
9. U~ HospitaJ- replacement of 3 - generators
10. Target Superstore in Blaine (I - 1250 KW unit)
11. McOWre Elementaly - Lakeville
r--..?c~.t~~~.;,y..~,y~._....~ ';~H~~-:.:\;~':~''':.~~~t'''~'.'~ ',":'..~.. : ~~, .\~,-,:;..,-:4't::.."'1".'t';~ .~. -,.OC:-C"'t~ .....-:-...,. '. '\':'~.'~~"'~':~_~',!":.": .'-.":-
~6
"'J.'J.J.'.c:.~~0
..,
J.~.~J.
M .a. LI CL.I::. \." I "" 1 \" \."U~\ . ? 0-' J....c:. ='OO.c:. ='
.12. . Target Plymouth
13. Others available
Please call with any questions
Thank you,
~
":: ',t.. -:":. ~ ~ ~.~~.'.1:..~ ~~\-;,"'r""!~" &".\'_ .~': ',''t1';..''':.~',,~", '''If':.. ':~ ~', ~ ~. . ':: ,:.,,:, ~"':'':'~\''~....~~. '.'":"" ~ (.: -=::t;':'+.. "0... '.... ""':", ", :-..;, "-t'J" '. ~..","'': '.. .. too "," \ r',', ~'~.' t.....:....,. ; "''\~:t'~,:,:.. > '_ ~ ~. ,'.If'
: ~ ~ r_~ ~ ~'\~~ ...::....t.~~...~":t::'\.i.~ .";~ \' ..t~.. : .v.... c~ ." :"'~r ~. .'.~ ....:.\~':t, ,"\" .~;....--:, ;\:~~ ~"",'.~" ~ . . .... ~.:. ~ 00;-"" ,.,....,;, ~~.: ~ :";-:,' ~'" ~. '"'.''1':'' ':'~'. -'," -:~''";'.'' ,.. t'~.~ .\'.... ': ,".;' -" '; '~''':;,'
I "IU . .~ ='0
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t-eD U~ Uti l~:ll'p
HYMH~K ~L~~I~l~,l"~.
ti~ 1 ~4D~-~./~1
p.l
. :: ark. Electric,. Ln.Cc>
6920 2315T Lane N.E. Stacy, Mn. 55079 Phone" 651-462-3721 I FaJC" 651.462-6194 I E-man: hymarkelectric@msn.com
QUOTATION
To: City of Centerville Utilities
Date: 1130/06
Attn: Paul Palzner
Fax: 651-429-8629
From: Kurt Paddock
Project: City af Centerville Lift Station Enaerg.ncy Generator.
HyMark Electric, Inc. is Quoting the Supply and 8ectricallnstallation of the City of Centerville
Standby Emergency Generator and Automatic Transfer Switch for Lift Station # 2.
HyMark is including: All Taxes. 8ectrical Permit. Labor and Material for the installation and
wiring of (1) New 75kw. 12OJ208volt, 3 phase. 4 wire, Natural Gas Standby Emergency Generator
(Caterpillar I Olympian) in a Outdoor Insulated Weatherproof Enclosure. To be set on a concrete
pad per manufactures spec.(by HyMark) on the east side of driveway, with the automatic transfer
switch mounted on the backside of the existing lift station control panel. The existing generator
receptacle will be removed and turned over to the city upon completion of project All equipment
training and testing included per attached Ziegler Power Systems Scope of equipment and work
with a (2) year warranty as outlined.
HyMark is excluding: Any Temporary Power, Power Company costs.
-Power Company costs
-Telephone Company costs
$-~
$_NA_
BID SCHEDULE:
ITEM No.
#1: Centerville lift Station Emergency Generator Installation: $_37,400.00_
(Emergency Generator and Transfer Switch by Ziegler Power included)
#2: Natural Gas Piping and Installation: $_7,120.0.0_
(City may elect to install gas piping and coordination for deduct of cost)
TOTAL QUOTE:
$_ 44,520.00_
*Deduct to go with the same type but 30kw, 100amp Generator and Transfer
Switch in place of the quoted 75kw, 200amp Generator and Transfer Switch: $":" 4,000.00_
Any questions please caD.
Thank You.
M
Cell: 651-307.0322
Commercial. Industrial, Specializina in the Municipal Market.
Pages: 4
~~~':lt-t.~~'.~':-:"':'''''.''''''l'''~-:'.. ..-.... ..... .:..."
&1
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
SUMMARY OF ORDINANCE ##90
NonCE IS HEREBY GIVEN that, on February 22, 20061 Ordinance #90, entitled "AN
EMERGENCY INTERIM ORDINANCE TEMPORARILY PROHIBITING CERTAIN
DEVELOPMENT IN THE AREA GENERALLY KNOWN AS THE DOWNTOWN 01'
CENTERVILLE" was adopted by the City Council of the City ofCenterville, Minnesota.
NOTICE IS FtJRllIbt GIVEN that, because of the lengthy nature of Ordinance #90, the
City Council has directed that a title and .lmm'-'Y be prepared for publication pursuant to MinD.
Stat. 412.191, Subd4.
NOTICE IS FURTHER GIVEN that a complete, printed copy of Ordinance #90 is
available for inspection by any person during regular office hours at the office of the City Clerk,
1880 Main Street, Centerville, MN.
NOTICE IS F1JR~11ID( GIVEN that the general pwpose oCthe ordinance is to establish a
moratorium on development in the area commonly known as the downtown, until August 14, 2006,
wbile the city studies the area IIld determines the appropriate use and establishes an use plan and
zoning regulations to implement such planning study.
Sedlen 1~
This section provides background and identifies the need for a study to identify current uses
and determine recommendations for the use or reuse of parcels in the study area.
Section 2.
This section establishes definitions for various terms used in the ordinance and identifies the
geographic area "Study Area" covered by the moratorium.
Section 3.
This section establishes a temporary moratorium on plats and building permits for
enlargements of existing uses within the downtown study area.
Section 4.
This section provides for the mechanism for enforcement of the ordinance, including
injunction and other civil remedies in court.
~D15
Section S provides that sections of the ordinance shall be separable for one another in the
event that any part would be invalidated by a court.
Seedon 6.
The ordinance is effective on passage and provides that the duration of the ordinance shall
be until the adoption of official controls contemplated by 'the ordinance or until August 1 S, 2006,
whichever is earlier.
92144
6P
NOTICE IS FURTHER GIVEN that the City Council has by at least a 4/5 vote, approved
this Public Notice.
APPROVED this _ day of
. 2006.
CITY OF CENTBllVILLE
Mary Capr, Mayor
ATTEST:
Teresa Bender, City Clerk
Published in
on
. 2001.
92744
tJ
CITY OF CENTERVILLE
ANOKA COUNTY, MINNESOTA
ORDINANCE ##91
AN ORDINANCE AMENDING ORDINANCE ##4,
DMSION 65: Accessory Uses and Structures
THE CITY COUNCa OF THE CITY OF CENTERvnLE ORDAINS:
Section 1. Division 65, of the City of Centerville Zoning Ordinance, Ordinance
#4, is hereby amended to read:
A. No more than two (2) accessory structures are permitted on any Single-family, detached
dwelling parcel located in any district except R-I. Combined aggregate square footage for
accessory structures may not exceed two hundred (200) square feet or two percent (2%) of the lot
area whichever is greater, except in the M-I and R-4 District. No accessory structure may be
constructed on a parcel without a principal structure. Accessory structures must have a minimum
of a five (5) foot side setback and a ten (10) foot rear setback, except in the M-I District where
the building code governs the setbacks. No structure may be placed in an easement, except
bridges by a written permit approved by the Council.
B. In case an accessory structure is attached to the main building, it shall be made structurally a
part of the main building and shall comply in aU respects with the requirements of this Ordinance
applicable to the main building. An accessory building, unless attached to and made a part of the
main building, shall not be closer than six (6) feet to the main building, except as otherwise
provided in this section. The side walls of an accessory building may not exceed ten (10) feet in
height. The total area of an attached accessory building (garage) shall be DO greater than 1500
square feet per level. Swimming pools may exceed the size requirements for accessory
structures, but they can not exceed fifty (50) percent of the rear yard.
C. Commercial uses in the M-I District will follow the Commercial guidelines for percentage of
green space. For all other properties in the M-l District, the maximum accessory structure
allowed is 704 square feet and 440 square feet in the R-4 District, neither to exceed the size of the
principal structure if an attached garage does not exist. If an attached garage exists, the maximum
accessory structure allowed is two (2) percent of the lot size or a maximum of200 square feet.
Section 2. EtTeetive Date. This Ordinance shall be effective immediately upon
its passage and publication according to law.
ADOPTED this 8th day of March, 2006, by the City Council of the City of
Centerville.
CITY OF CENTERvnLE
BY:
Mary Capra, Mayor
ATTEST:
Teresa Bender, City Clerk
1!J
,,~;,..
" ,)
I'
PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT
Hunter's Crossing 3rd Addition
THIS PLANNED UNIT DEVELOPMENT/SUBDIVISION AGREEMENT
~
. ("Agreement") dated ~~~ ~'N! , 2001 by and between the CITY OF CENTERVlLLE, a
Minnesota municipal corporation ("City"), and RICHARD S. CARLSON DEYELOPMENT,
LLC, "a Minnesota limited liability company (the "Developer").
1. REQUEST FOR PLAT AND PLANNED UNIT DEVELOPMENT
APPROVAL. The Developer has asked the City to approve a final plat and Planned Unit
Development for Hunter's Crossing 3rd Addition as the "Plat"). The land ("Land") is situated in
the County of Anoka, State of Minnesota, and is legally described on the attached Exhibit A.
2. CONDITIONS OF PLAT AND PLANNED UNIT DEVEL.OPMENT
APPROVAL. The City hereby approves the fmal Plat on condition that the Developer enter into
. this Agreement, furnish the secUrity required by it, and record the Plat with the County Recorder
or Registrar of Titles within sixty (60) days after the City Council approves the fmal Plat. If the
fmal Plat is not recorded within the sixty (60) days, the approval of the Plat is void, unless a
written request for an extension is submitted to the City Administrator before the sixty (60) d~ys
expire, and is approved by the City Council.
Agreement Hunter's Crossing 3rd v5
1
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3. RIGHT TO PROCEED. Within the Plat or Land to be platted, the Developer .
may not grade (except as authorized in a Grading Permit issued by the City or the Final Grading
Plan, hereinafter defined) or otherwise disturb the earth, remove trees, construct sewer lines,
water lines, 'streets, utilities, public or private improvements, or any buildings until all the
following conditions have been satisfied: 1) this Agreement has been fully executed by all
parties, including owners and mortgage holders, and filed with the City Administrator, 2) the
necessary security h~s been received by the City, 3) the Plat has been recorded with the Anoka
'County Recorder's Office, and 4) the City AdministratQr has issued a letter that all conditions
have been satisfied and that the Developer may proceed. The Plat will not be released to the
Developer and may not be recorded until the necessary security has been received and accepted
by the City. The City Administrator shall issue the notice to proceed within five (5) business
days after receipt and acceptance of the security.
4. FUTURE DEVELOPMENT. The City may refuse to approve future planning
or zoning applications, plats or development contracts by or with Developer if Developer has
breached this Agreement and the breach has not been remedied.
s. CHANGES IN OFFICIAL CONTROLS. For two (2) years from the date of
'this Agreement, no amendments to the City's Comprehensive Plan or official controls shall apply
to or affect the use, development density, lot size, lot layout or dedications of the approved Plat
unless requiredl~y state'or federal law or agreed to in writing by the City and the Deyeloper.
Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent
permitted by state law the City may require compliance with any amendments to the City's
Comprehensive Plan, official controls, platting or dedication requirements enacted after the date
of this Agreement.
Agreement Hunter's Crossing 3rd v5
2
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6. DEVELOPMENT PLANS. The Plat shall be developed in accordance with the
following plans ("Plans") which are on file with the City. The Plans shall not be attached to this
Agreement. If the Plans vary from the written terms of this Agreement, the written terms shall
control. The Plans are:
Plan A - Hunter's Crossing 3rd Addition final plat dated (pending
County review).
Plan B - Final Grading and Erosion Control Plan dated February 10, 2005 prepared
by Matke Survey and Engineering ("Grading Plan").
Plan C - Soils Investigation Report dated December 1, 2005 prepared by Stork
Twin Cities T~sting..
7. CITY INSTALLED IMPROVEMENTS. The City shall install and Developer
shall pay for the following improvements ("Improvements") as required by the Construction
. Plans:
A. Sanitary Sewer System
B. Water System
C. Storm Sewer
D. Streets
E. Concrete Curb and Gutter
F. Sidewalks and Trails
The Develope~ hereby requests that the City install the necessary streets, sanitary sewer,
water, municipal storm sewer, and walkway/trail to service the proposed development.
The City agrees to proceed pursuant to .Minnesota Statutes Chapter 429, the Petition and
Waiver of Irregularity and Appeal signed by Developer dated ~~~~~, ~t\t\\o ' and
to specially assess 100% of the cost of said improvements together with design and
construction engineering, to the subject property. The Developer hereby waives its right
to appeal the amount of any special assessments against its property within the described
development.
Agreement Hunter's Crossing 3rd v5
3
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8. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install
and pay for the following improvements.
A. Site Grading, Ponding and Erosion Control
B. Private underground Utilities
C. Setting of Iron Monuments
D. Surveying and Staking.
E. Common Mailboxes
F. Street Lights
G. Signs and markers
H. Trees, sod" seed, landscaping
All Improvements shall be installed in accordance with the City subdivision ordinance;
City standard specifications for utilities and street construction; and any other appropriate
ordinances. The Developer shall submit plans and specifications for any required Developer
Installed Improvements which shall have been prepared by a competent registered professional
civil engineer to the City for approval by the City's consulting engineer, no changes may be
made to the Plans without the City's express ~tten consent. The Developer shall obtain all
necessary permits from other agencies before proceeding with construction of the Developer
Installed Improvements. The Developer shall instruct its engineer to provide adequate field
inspection personnel to assure an acceptable level of quality control to the extent that the
Developer's engineer will be able to certify, that the construction work for the Developer
Installed Improvements meet the approved City standards. In addition, the City may, at the
City's discretion and at the Developer's expense, have one or more City inspectors and its
,engineer inspect-ffie work on a full or part-time basis. The Developer may provide City with its
construction schedule, and City will then provide Developer with a good faith budget estimate of
the cost of City inspection. City shall update the cost estimate as requested by Developer. The
Developer, its contractors and subcontractors, shall follow all instructions received from the
City's, Rice Creek Watershed District's and Anoka County's inspectors, so long as consistent
with the Plans. The Developer's engineer shall provide for on-site project management. The
Agreement Hunter's Crossing 3rd v5
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Developer or its engineer shall sched~le a pre-construction meeting at a mutually agreeable time
at the City Council chambers with all parties concerned, including the City's consulting engineer
and inspector, to review the program for the construction work. Within thirty (30) days after the
completion of the Improvements and before the Security is released, the Developer shall supply the
City with a complete set of reproducible "as constructed" plans for each Improvement, and two
complete sets of blue line "as constructed" plans in electronic format AutoCAD, DWG or a .DXF
'file, all prepared in accordance with City standards using Anoka County coordinates. Before the
Security for the completion of Improvements is released in total, iron monuments must be
installed in accordance with Minn. Stat. ~ 505.02. The Developer's surveyor shall submit a
written notice to the City certifying that the monuments have been installed. .
WARRANTY. The Developer warrants all Improvements required to be constructed by it
'pursuant to this Agreement against poor material and faulty workmanship. The warranty period
for streets is two years.
,
9. PERMITS. The Developer shall obtain or require its contractors and
subcontractors to obtain all necessary permits, including but not limited to: .
. Anoka County for County Road Access and Work in County Rights-of-Way (if any)
. NPDES Pe~t for Grading and Erosion Control
. MPCA for Hazardous Material Removal and Disposal
. DNR for Dewatering
. Wetland Conservation Act Permits
. City of Centerville for Building Permits
. City of Centerville Soil and Erosion Control Permits
. City Permits for Utilities such as gas, phone, electric, cable TV
10. TIME OF PERFORMANCE. The Developer shall install all Developer
'Installed Improvements in the Plans by December 1, 2006. City installed improvements, with the
exception of the final wear course of asphalt on streets shall be completed by December 1, 2006.
. ~()()'
The final wear course on streets .shall not be installed before J~ly 15,~, but must be installed
no later than December 1, 2007. The Developer may, however, request,an extension of time
from the City. If an extension is granted, it shall be conditioned upon updating the Security
Agreement Hunter's Cros~ing 3rd v5
5
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posted by the Developer to reflect cost increases and the extended completion date. Final wear
course placement outside of this time frame must have the written approval of the City Engineer.
11. LICENSE. The Developer hereby grants the City, its agents, employees, officers
and contractors a license to enter the Land to be platted to perform all work and inspections
deemed appropriate by the City in conjunction with the Plat development and the Improvements.
12. EROSION CONTROL. The erosion control shall be implemented by the
Developer according to the Grading Plan and inspected and approved by the City. The City or
Rice Creek Watershed District may impose additional erosion control requirements if field
conditions warrant. All areas disturbed by the excavation and backfilling operations shall be
reseeded within forty-eight (48) hours after the completion of the work or in an area that is
inactive for more than seven (7) days, unless authorized and approved by the City Engineer.
Except as' otherwise provided in the erosion control plan, seed shall be in accordance with the
City's current seeding specification, which may include certified oat seed to 'provide a
temporary ground cover as rapidly as possible. All seeded areas shall be fertilized, mulched,
. and disc anchored as necessary for seed-retention. The parties recognize that time is of the
essence in controlling erosion. If the Developer does not comply with the erosion control plan
and schedule or supplementary instructions received from the City or the Rice Creek Watershed
District, the City may take such action as it deems appropriate-to control erosion. The City will
designate a contact person responsible for erosion control issues. The contact person will attend
. the pre-construction meeting. The City will endeavor to notify the Developer in advance of any
proposed action, but failure of the City to do so will not affect the Developer's and City's rights
or obligations hereunder. If the Developer does not reimburse the City for any cost the City,
incurred for such work within ten (10) days, the City may draw down on the. Security or
Additional Security to pay any costs. No development, utility or street construction will be
. allowed and no building permits will be issued unless the Developer is in full compliance with
the approved eros~on control plans. The City will not unreasonably withhold permits.
Agreement Hunter's Crossing 3rd v5
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The Developer shall require all homebuilders working on the project to comply with
Centerville erosion control standards. The home builders are to be educated on the City standards.
and the homebuilders shall be required to post surety to secure performance.
13. GRADING PLAN. The Plat shall be graded in accordance with the Grading
Plan. Within thirty (30) days after completion of the grading and before the City releases any
.Secwity, the Developer shall provide the City with an "as constructed" grading plan certified by
a registered land. surveyor or engineer that all ponds, swales, and ditches have been constructed'
in accordance with the approved grading plan on public easements or land owned or to be owned
by the City. The "as constructed" plan shall include field verified elevations of (a) cross sections
of ponds, and (b) location and elevations along all swales, wetlands, wetland mitigation areas if
any, and ditches, and the Developer shall require lot purchasers to comply with the City's
. development standards for verifying lot comer elevations and house pads. The City will
. withhold issuance of building permits until the approved certified grading plan is on file with the
City and all erosion control measures are in place as determined by the City Engineer. The
Developer shall be required to maintain all erosion control measures until the project is accept~d
by the City.
14. DEWATERING. Due to the variable nature of groundwater levels and
. stormwater flows, it will be the Developer's and the Developer's contractors and subcontractors
responsibility to satisfy themselves with regard to the elevation of groundwater in the area and
the level of effort needed to perform dewatering and store flow routing operations. All
. de~atering shall be in accordance with all applicable county, state, and federal rules and
regulations. DNR regulations regarding appropriations permits shall also be strictly enforced. .
15. CLEAN UP. The Developer shall clean dirt and debris from streets that has
resulted from construction work by Developer, its contractors, subcontractors, agents or assigns.
During such times as construction activity is active, Developer or his agent shall frequently
inspect streets and make sure they are swept clean of dirt and debris. Prior to, any construction
Agreement Hunter's Crossing 3rd v5
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on the Plat, the Developer shall identify in writing a responsible party for erosion control, street
cleaning, and street sweeping.
16. OWNERSIDP OF IMPROVEMENTS. Upon completion of the work and
construction required by this Agreement, the Improvements lying within public easements, shall
become City property without further notice or action; Developer shall retain ownership and
maintain all ponds and other erosion control measures until adequate ground cover has been
established on the Plat including all lots in the Plat, at which time responsibility for the ponds
revert to the City without further notice or action. However, the Developer shall maintain ponds
until the last lot in the development and all landscaping has been completed, and provided the
engineer for Developer shall certify that the ponds have been cleaned and provide the designed
holding capacity.
17. CITY ENGINEERING, ADMINISTRATION AND CONSTRUCTION
OBSERVATION. Before the City signs the fmal Plat, the Developer shall reimburse the City
for all of the City's out-of-pocket expenses incurred up to the date of this Agieement, including
. expenses incurred for legal, planning and engineering services. Furthermore, before the City
signs the final Plat, the Developer shall deposit with the City a $15,000 cash escrow for the
City's future out-of-pocket expenses for legal, planning, engineering, development agreement
compliance and inspection services. The peveloper agrees that the City has the right to request
additional deposits from time to time based on the City's estimates of future out-of-pocket costs.
18. SECURITY. To guarantee compliance with the terms of this Agreement, payment of
. real estate taxes, including interest and penalties, payment of the costs of all Public Improvements,
and construction of all Private Improvements, the Developer shall furnish the City with a Letter of
Credit in the form attached hereto as Exhibit B, from'a bank or other financial institution acceptable
to the City ("Security") for $_762,750.00. The amount of the Security was calculated as follows:
19. CONSTRUCTION COSTS:
Cost of Private Improvements, description:
Agreement Hunter's Crossing 3rd v5
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a~
Lot access - gravel & silt fencing
44 Lots @ $500.00 each
$22,000.00
b.
Street name signs .
approximately 2 @ $250.00 each
$500.00
c.
Traffic signs, stop signs~ etc.
approximately ~ @$250.00 each
$750.00
d.
Trail markers
approximately 1 @$150.00 each
.$150.00
e.
Street sweeping
10 each @$250.00 each
$2,500.00
f.
Signage and barricades
1 @$250.00each
$250.00
g.
Flushing of storm sewers, once per 'year until
all lots are built upon
$1,000~00
h.
Snowplow service of streets
approximately 20@ $100.00
$2,000.00
1. Shade trees (balled and burlapped) 2 per
lot or ~ per comer lot (94 Total) at $225.00 per tree
$21,150.00
J. Final Grade/Sod/Curbstop @ $3..500.00 per lot $154,000.00
k. Grading and sodding of outlots and boulevards
12,000 sf.x$0.-50 $6,000.00
l~ Televise Sanitary Sewer $1,000.00
m. Install mailboxes (44 Total) @ $50.00 $2,200.00
n. Surveying, staking, setting of iron monuments $ 5,000.00
o. Street Lights $9,000:00
Subtotal $227,500.00
Guarantee of Special Assments(3 yrs Installments) $281,000.00
TOTAL COSTS $508,500.00
OTHER COSTS:
Agreement Hunter's Crossing 3rd v5
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Additional requirements (50%)
TOTAL PROJECT SECURITIES
$254,250.00
5762,750.00
This breakdown is for historical reference; it is not a restriction on the use of the Security.
Developer security shall also be used to secure timely payment of all special. assessments for Public
Improvements installed by City. The Security shall be for a term ending November 30,2006, and
automatically renewing thereafter unless notice of termination is provided to the City at least forty-
five (45) days prior to the end of the term or any renewal date. The notice given must comply with
Section 25 below. Individual security instruments may be for shorter terms provided they are
replaced at least thirty (30) days prior to their expiration. The City may draw down the Security,
with a written seven (7) day notice and seven (7) day right to cure by the Developer, for any
violation of the temis of this Agreement or if the Security is to be allowed to lapse prior to the end
of the, required term or any renewal term. The notice and right to cure provisions shall be void if the
.Security will expire in less than seven (7) days. If the Security is dr~wn down, the proceeds shall be
used to cure the default or held until the Developer has provided alternative security satisfactory to
the City. Upon receipt of proof to the City that work has been satisfactorily completed and financial
obligations tothe City and Developer's contractors have been satisfied, with City approval the
Security may be reduced from time to time by ninety percent (90%) of the financial obligations that
have been satisfied, except in no event shall the security be reduced to an amount lower than the
. outstandin~ special assessments on the property in_the_development. Ten percent (10%) of the
Security shall be retained until all Public Improvements have been completed, all financial
oblig~tions to the City satisfied, and the required "as constructed" plans have been received by the
City. The City must approve or deny a request for reduction in the Security within twenty-one (21)
days after receipt of proof satisfactory to the City as provided above.
Agreement Hunter's Crossing 3rd v5
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20. CLAIMS. In the event that the City receives claims from laborers, materialmen,
or others that work required by this Agreement for Developer installed improvements has been
performed, the sums due them have not been paid, and the laborers, materialmen, or others are
...
. seeking payment from the City, the Developer hereby authorizes the City to commence an
Interpleader action pursuant to Rule 22, Minnesota Rules of Civil Procedure for the District
Courts, to draw upon the Security and Additional Security in an amount. up to 125% of the
claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the
Developer shall release, discharge, and dismiss the City from any further proceedings as it
pertains to the Security or Additional Security deposited with the District Court, except that the
Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement.
21. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Park Dedication. Before the City signs the fmal Plat, the Developer shall
make a cash contribution of$132,OOO in lieu of land dedi~ation.
B. Common Mailboxes. Developer shall provide and install common
mailboxes to serve all lots in the Plat. Developer shall provide a plan showing locations
and installation details. Mailboxes shall be of high quality and match Hunter's Crossing
1 & 2..
c. Drainage Fees. The Plat is subject to fees for stormwater drainage at
$0.05739 per square foot.. The drainage fees are based upon the gross area of the Plat
and are calculated as follows:
Gross Area of Plat:
Fees
TOTAL
19.1 acres
x $0.05739 per sq. ft.
$47,719
Agreement Hunter's Crossing 3rd v5
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All drainage fees must be paid in full in cash upon execution of this Agreement.
Developer's.
D. Record Construction Drawings. All plats,.plans and record construction
drawings for Developer installed improvements shall be supplied to the City in electronic
format and developer pay a cash fee to the City for City base map upgrading. This fee is
$36.50 per lot for a total charge of$1,606,00 (44 lots x $36.50).
E. Electronic Format. The Developer shall submit the fmal Plat in electronic
format. The electronic format shall be either AutoCAD, .DWG file or a .DXF file using
Anoka Co~ty coordinates. Th~ Developer shall also submit one complete set of
recorded mylar.
F. City Engineer's Recommendations. The Developer shall implement all
recommendations listed in the engineering reports prepared by Bonestroo, Rosene,
Anderlik & Assoc. for the Development of the Land, as well as the soils investigation
report dated , prepared by
G. Street Light.Installation. The Developer shall be responsible for the cost of
,street light installation consistent with a street lighting plan approved by the City.
H. Pond Maintenance. The Developer shall be responsible for the construction
of the pond(s).according to the Plans and shall further be required to maintain the pond(s)
until the last lot in the Plat has been developed and all landscaping has been completed at
whichtime the City will take over the maintenance of the pond.
I. Street Access. The developer shall provide signage and notify all
contractors and subcontractors that access shall be permitted to the development from
Centerville Road and Dupre Road only. No construction traffic shall be permitted on
other streets within Hunter'sCross~g or Hunter's Crossing 2nd Addition.
Agreement Hunter's Crossing 3rd v5
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J. City's financial participation in oversizing of utilities. The City shall
parti~ipate in the cost of the utilities needed for oversizing the water main. The estimated
costs are as follows:
Twelve inch watermain .oversizing - 1830 feet.
$ 10,190
22. RESPONSffiILITY FOR COSTS.
A. Except as otherwise specified herein, the Developer shall pay all costs
incurred by it or the City in conjunction with the development of the Plat, inc~uding but not
limited to streets, watermain, sanitary sewer, storm sewer, Soil and Water Conservation District
'charges, legal, planning~ engineering and inspection expenses incurred in connection with
approval and acceptance of the Plat, the preparation of this Agreement, review of Construction
Plans.and documents, and all costs and expenses incurred by the City in monitoring and
inspecting development of the Plat.
B. The Developer shall hold the City and its officers, .employees, and agents
harmless from claims made by it and third parties for damages sustained or costs incurred
resulting from Plat development. The Developer shall indemnify the City and its officers,
employees, and agents for all costs, damages, or expenses that the City may payor incur in
consequence of such claims, including attorneys' fees.
C. The Developer shall reimburse the City for costs incurred in the
em-efGement of this Agreement or in making a claim against the Security, including engineering
and attorneys' fees.
D. The Developer shall pay, or cause to be paid when due, and in any event
before any penalty is attached, all special assessments referred to in this Agreement. This is a
personal obligation of the Developer and shall continue in full force and effect even if the
Agreement Hunter's Crossing 3rd v5
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Developer sells one or more lots, the entire Plat, or any part of it. Assessments attributed to any
lot or parcel shall be due in full on sale and shall be paid on or before t4e closing of such sale.
E. The Developer shall pay in full all bills submitted to it by the City for
obligations incurred under this Agreement within thirty (30) days after receipt. If the bills are not
paid on time, the City may draw down the $15,000.00 escrow account, identifi~ in Section 17 of
this Agreement, and may halt Plat development and construction until the bills are paid in full and
.the escrow replenished to its original amount. Bills not paid within thirty (30) days shall accrue
interest at the rate of eighteen percent (18%) per year.
23. DEVELOPER'S DEF AUL T. In the event of default by the Developer as to any
of the work to be performed by it hereunder, the City may, at its option, perform the work and
the Developer shall promptly reimburse the City for any expense incurred by the City, provided
the Developer, except in an emergency as determined by the City, is fIrst given notice of the
work in default, not less than 48 hours in advance. This Agreement is a license for the City to
act, and it shall not be necessary for the City to seek a Court order for permission to enter the
Plat. When the City does any such work, the City may, in addition to its other remedies, assess
.the cost in whole or in part.
24. MISCELLANEOUS.
A.. Third parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds
for denial of building permits, including lots sold to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph, C?r phrase
of this Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
Agreement Hunter's Crossing 3rd v5
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D. Grading, curbing, and one lift of asphalt shall be installed on all public
streets prior to issuance of any building permits, except that building permits may be issued for
two (2) single-family model homes on lots in Hunter's Crossing 3rd Additio~, upon the City's
receipt of the certified "as constructed" grading.plan and subsequent to execution ofa contract
'by the City for the Public Improvements. 'Bui~ding permits for non-model homes may be issued
after installation of public utilities to the lot and installation of class 5 aggregate base and
concrete curb and gutter to the street.
E. If building permits are issued prior to the completion and acceptance of
Public Improvements, t~e Developer assumes all liability and costs resulting in delays in
completion of Public Improvements and damage to Public Improvements caused by the City,
Developer, its contractors, subcontractors, materialmen, employees, agents, or third parties. No
sewer and water connection permits may be issued and no one may occupy a ,home or building
for which a building permit is issued on either a temporary or permanent basis until the streets
'needed for access have been paved with a bituminous surface and the utilities are accepted by the
City Engineer.
F. The action or inaction of the City shall not constitute a' waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be
in writing, signed by the parties and approved by written resolution of the City Council. The
City's failure to promptly take legal action to enforce this Agreement shall not be a waiver or
release.
G. This Agreement shall ,run with the land and may be rec.orded against the
title to the Land. The Developer covenants with the City, its successors and assigns, that the
'Developer is well seized in fee title of the subject property and/or has obtained consents to this
Agreement, in the form attached hereto, from all parties who have an interest in the property; that
Agreement Hunter's Crossing 3rd v5
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there are no unrecorded interests in the property being developed; and that th~ Developer will
indemnify and hold the City harmless for any breach of the foregoing covenants.
H. Developer shall take out and maintain or cause to be taken out and
.maintained until six (6) months after the City has accepted the Private Improvements, public
liability and property damage insurance covering personal injury, including death, and claims for
property damage which may arise out of Developer's work or the work of its subcontractors or
by one directly or indirectly employed by any of them. Limits for bodily injury and death shall
be not less than $500,000 for one person and $1,000,000.00 for each occurrence; limits for
property damage shall be not less than $200,000.00 for each occurrence; or a combination single
limit policy of $1,000,000.00 or more. The City shall be named as an additio;o.al insured on the
policy, and the Developer shall file with the City a certificate evidencing coverage prior to the
. City approving this Development Agreement. The certificate shall provide that the City must be
given ten (10) days advance written notice of the cancellation of the insurance. The certificate of
insurance shall substantially comply with the form attached hereto as Exhibit F.
I. Each right, power or remedy herein conferred upon the City is cumulative
and in addition to every other right, power or remedy, express or implied, now or hereafter
arising, available to City, at law or in equity, or under any other agreement, and each and every
right, power and remedy herein set forth or otherwise so existing may b~ exercised from time to
time as often and in such order as may be deemed expedient by the City and ~hall not be a waiver
of the right to exercise at any time thereafter any other right, power or remedy.
J. The Developer may not assign this Agreement without the written
permission of the City Council. The Developer's obligation hereunder shall continue in full
force and effect even if the Developer sells one or more lots, the entire Plat, or any part of it.
.Agreement Hunter's Crossing 3rd v5
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K. Attached as Exhibit G is a summary of the Developer's financial
obligations identified in other sections of this Agreement.
25. NOTICES. Required notices to the Developer shall be in writing, and.shall be
either hand delivered to the Developer, its employees or .agents, or mailed to the Developer by
certified mail at the following address: Richard S~ Carlson Development, LLC, 7671 Central
Avenue, Fridley, Minnesota ~5432. Notices to the City shall be in writing and shall be either
hand delivered to the City Administrator, or mailed to the City by certified mail in care of the
City Administrator at the following address: Centerville City Hall, 1880 Main Street; Centerville,
Minnesota 55038.
[REMAINDER OF PAGE INTENTIONALLY LEFT BLANK.
SIGNATURE PAGES FOLLOW.]
Agreement Hunter's Crossing 3rd v5
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SIGNATURE PAGE TO SllBDIVISION AGREEMENT
HUNTER'S CROSSING 3RD ADDITION
CITY OF, CENTERVILLE
BY:
. (SEAL)
Mary Capra, Mayor
AND'
Teresa Bender, Clerk
STATE OF MINNESOTA )
( ss.
COUNTYOFANOKA )
_. The foregoing instrument was acknowledged before me this _ day of
2005, by Mary Capra, Mayor, and by Teresa Bender, Clerk of the City ofCenterville, a
Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority
granted by its City Council.
NOTARY PUBLIC
Agreement Hunter's Crossing 3rd vS
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SIGNATURE PAGE TO SUBDIVISION AGREEMENT
HUNTER'S CROSSING 3RD ADDITION
RiC~IsOn Develo ment, LLC
BY.
. Richard S. Carlson
STATE OF MINNESOTA )
( SSe
COUNTY OF ~1't)"-.~ )
b . The foregoing instrument was acknowledged before me this "';J.~ day of ~~ ,
200J, by Richard S. Carlson, for Richard S. Carlson Development, LLC, a Minnesota limited
liability company, on behalf of the company.
COREEN A. ELWEU
Notary Public
Minnesota
My Commission Expires January 31,2010
( KI ~ ~ tJ. tiL41
NOTARY PUBLIC
Agreement Hunter's Crossing 3rd v5
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FEE OWNER CONSENT TO SUBDMSION AGREEMENT
HUNTER'S CROSSING 3RD ADDITION
R'L~A 'S.C"'.,~'" ~~M \.\.L, fee owner of all or part of the subject.property, the
development of which is governed by the foregoing Planned Unit Deve~opment/Subdivision
Agreement, affirm and ~onsent to the provisions thereo ee to be bound by the provisions
. as the same may apply to that portion of the su · ct property owne them.
Dated this "";1N. day of
.~, Ch.cw-4 S'.. C. ~..'~bV\
~'. ~c; ~
R..~...c\ -So <"~'<'M:~'4"\ ~~.~<...
STATE OF MINNESOTA )
( SSe
COUNTY OF ~~bX.~ )
Ca The foregoing instrument was acknowledged before me this ~~ day of ~~
2001, by R,~~ ~.. (,'C'",~~ .
(~o. Ud)
NOTARY PUBLIC
COREEN A. ELWELL
Notary Public
Minnesota
. My Commission Expires January 31. 2010
Agreement Hunter's Crossing 3rd v5
. 20
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MORTGAGEE CONSENT TO SUBDIVISION AGREEMENT
HUNTER'S CROSSING 3RD ADDITION
, which holds mortgage(s) on the subject
property, the development of which is governed by the foregoing Planned Unit
" Deve~opment/Subdivi~ion Agreement., agrees that the Agreement shall remain in full force and
effect eyen if it forecloses on its mortgage(s).
Datedthis _ day of
, 2005
MORTGAGEE
By:
Its:
STATE OF MINNESOTA )
( SSe
COUNTY OF )
", The foregoing .instrument was acknowledged before me this _ day of
2005 by.' , the
of , on behalf of
NOTARY PUBLIC
Agreement Hunter's Crossing 3rd yS
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EXHIBIT "A" TO SUBDMSION AGREEMENT
HUNTERS CROSSING 3RD ADDITION
.. .
Legal Description of Property Being Developed. situated in Anoka County. Minnesota:
Lot 1, B!ock 1, Hunters Crossing 3rd Addition, Lots 1,2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13,
14,15,16,17, 18, 19,20,21,22,23,24,25,26,27,28,29,30, 31,Block'2,lIunters
Crossing 3rd Addition, Lots 1, 2, 3,4, S, 6, 7, 8, 9, 10, 11, 12, Block 3, Hunters Crossing
3rd Addition
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EXHIBIT "B" TO SUBDIVISION AGREEMENT
Hunter's Crossing 3rd Addition
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City ofCenterville
1880 Main Street
Centerville, Minnesota 55038
Dear Sir or Madam:
We hereby issue, for the account of
Irrevocable Letter of Credit in the amount of $
drawn on sight on the undersigned bank.
(Name of Developer) and in your favor, our
9 available to you by your draft
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
9 2005 of (Name of Bank) ";
, dated
b) Be signed by the Mayor or City Administrator of the City of Centerville.
c) Be presented for payment at **1 (Address of Bank) " on or before 4:00 p.m. on
November 30, 2006
This Letter of Credit shall automatically renew for successive one-year terms unless, at.
least forty-five (45) days prior to the next annual renewal date (which shall be November 30 Qf
each year), the Bank delivers written notice to the Centerville City Adn$rlstrator that it intends
to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by
certit1ed mail, postage, prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior
to the' next annual renewal date addressed as follows: Centerville City Administrator, Centerville
City Hall, 1880 Main Street Centerville, MN 55038, and is actually received by the City
AdTl1fulstrator at least thirty (30) dys prior to the renewal date.
This Letter of Credit sets forth in full our un~erstanding which shall not in any way be
modified, amended, amplified, or limited by reference to any document, instrument, or
agreement, whether or not referred to herein.
. This Letter of Cr~dit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
Agreement Hunter's Crossing 3rd v5
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This Letter of Credit shall be governed by the most recent revision of the Uniform
Customs and Practice for Documentary Credits, International Chamber of Commerce Publication
No. 5.00.
We hereby agree that a draft drawn under and in compliance with this. 'Letter of Credit
shall be duly honored upon presentation.
BY:
Its
**1 Location must be within 50 miles of the City ofCenterville.
Agreement Hunter's Crossing 3rd v5
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EXHIBIT "F" TO SUBDIVISION AGREEMENT
CERTIFICATE OF INSURANCE
PROJECT:
CERTIFICATE HOLDER: City ofCenterville
. 1880 Main Street
Centerville, Minnesota 55038
INSURED:
ADDmONAL INSURED: City of Centerville
AGENT:
WORKERS' COMPENSATION:
Policy No.
Effective Date: Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
Effective Date: Expiratio~ Date:
Insurance Company:
( ) Claims Made ( ) Occurrence
LIMITS: [Minimum]
Bodily Injury and Death:
$500,000 for one person $1,000,000 for each occurrence
Property Damage:
$200,000 for .each occurrence
-OR-
Combination Single Limit Policy
$1,000,000 or more
COVERAGE PROVIDED:
Oper~tions of Contractor: YES
Operations of Sub-Contractor (Con~!ngent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed OperationslProducts: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Property Damage Liability Includes:
. Agreement Hunter's Crossing 3rd vS
. 25
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'Damage Due to Blasting YES
Damage .Due to Collapse YES
Damage Due to Underground Facilities YES
Bro.~d Form Property Damage YES
AUTOMOBILE LIABILITY:
Poliey No.
Effective Date:
Insurance Company:
(X) Any Auto
LIMITS: [Minimum]
Bodily Injury:
$500,000 each person
Property Damage:
$500,000 each occurrence"
Expiration Date:
$1,000,000 each occurrence
-OR-
Combined Single Limit Policy:
$1,000,000 each occurrence
ARE ANY DEDUCTIBLES APPLICABLE TO BODILY INJURY OR PROPERTY
DAMAGE ON ANY OF THE ABOVE COVERAGES:
If so, list:
Amount: $
[Not to exceed $1,000.00]
SHOULD ANY OF THE ABOVE DESCRIBED POLICIES BE CANCELLED BEFORE
THE EXPIRATION ~ATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN
(10) ~AYS WRITTEN NOTICE TO THE PARTIES TO WHOM THIS CERTMCATE
IS ISSUED.
Dated at
On ",
BY:
Authorized Insurance Representative
Agreement Hunter's Crossing 3rd vS
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EXHIBIT "G" TO SUBDIVISION AGREEMENT
HUNTER'S CROSSING 3RD ADDITION'
CHECKLIST
. Before the City signs the fin8:l plat, the following must be delivered to the City Administrator:
1. Fully executed Planned Unit Development/Subdivision Agreement
2. . Cash payments
a. All out-of-pocket expenses paid in. full, at least through the date o~ City Council. approval
of the development [section 17]
b. $~32,000 in lieu of remaining park land dedication [section 20.a]
c. $47,719 for drainage fees [section 20.c]
d. $1,606 for City base map upgrading [section 20.d]
3. Cash escrow/letter of credit
a. $15,000 cash escrow [section 17]
b. $762,750. Letter of Credit [section 18]
4. Certificate of insurance [section 24.H]
Agreement Hunter's Crossing 3rd vS
27
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PETITION AND WAIVER
Petition for Improvement, Assessment and Waiver of Irregularity and Appe~.
This Petition and Waiver is made this ~ day of ~ . 200l by Richard S. Carlson
Development, LLC. (the "Owner").
ent, LLC.
By:
Witness: Gru~ a .~~
Agreement Hunter's Crossing 3rd vS
28
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MEMO
1. Final Plat approval City Council 3/08/06.
2. Close Mortgage.
Furnish Letter of Credit $762,750.00.
Mo~gage company sign Mylar.
Mortgage company sign Consent.
Furnish Inswance Certificate.
3. City sign Mylar.
4. Record Myar County.
5. Bid start construction.
99
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" HUNTERS CROSSING 3RD ADDmON
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FAIDLEY. MN 65432
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KNOW ALL PERSONS BY THESE PRBSBNTS: That Richanl s. Carlson
. Developmell1, LLc, a Limited Liability Company, fee owaer ofdle foUowiDg cIescribed
property, ami 21ST CeIItm)r Bauk. a Minnesota CorpomtioD, mortgagee of tile followiDs
described property situated in the County of Anoka. Stale of~ta, to-wit:
Outlot A.IRJNTERS CROSSING 2ND ADDITION. Except the East 2Ql.00 feet oCdIe
Solllh 35.00 feet thereof; 8Dd Except that part of &aiel Outlot A described as tbllows:
8egimJiDg at the south end of'tbe easterly most IlOlth-south line of said Outlot A. wlJich
line is also the West right~~way line of CeIiteMIIe Road; thence North 88 cIegrecs 35
miDutes 45 secoads West. assumed beariDa 13.28 feet aIoag the bo1mdaJy ofsaid Outlot
A; thence Nolth 00 degrees 04 minutes 23 seconds Bast 17.00 feet; thence South 88
cIegrecs 35 miDutes 45 seconds East 73.28 feet to the Bast line of saJcI 0ut10t A; tbm:e
South 00 cIegrecs 04 minutes 23 seconds weSt 17.00 feet along said Eat line to the poiDt
ofbegimaiDg.
AND
TIud part of tile East 480.00 teet oftbe West 504.75 feet ofdle Northwest Quarter oldie
Northwest Quarter of Section 26, Township 31, Range 22,lyiDs south of Outlot A,
HUNTERS CROSSING 2ND ADDmON.
Have caused the same to be surveyed.... platted as IItJNTERS CROSSING 3RD
ADDmON and do hereby cIoDate aad cIedicate to the public tor public use Coma the
lane, way, and park as shown on the plat, also cIedic:atbag the easements for draiDage and
utility purposes as shown 08 the plat. In witiIess whereof: said Richard S. Carlson
Developmell1, LLC I1as caused these presents to be sipecl by its proper 08icer this _
day of .2006. Also ill wiIness wIInot said 21ST Cenbay Bank bas
caused these presents to be sigaecI by its proper officer this _ day of
. 2006.
Richard S. Carlson Development, LLC
Richard S. CarJscm, as CbiefMauager
21. Cenbay BalIk
James W. Linclherg, as SeDior Vice PIesident
STATE OF MINNESOTA) The finaoiDg iDstnuaeDt was acImowleclged betbre me this
COUNTY OF ) _ day of .2006, by RicIJard S. Carlson
as CbiefMauager of Richard s. Carlson Developmell1,
LLC. a Limited Liability Company, on behalf of the
colllpl1lJ. .
Notal)' Public,
My Commission expires
County, MiDDesota
STATE OF MINNESOTA) The foreaoiDa iDstnuaeDt was ackaowleclged befoJe me this
COUNTY Of . ) _day of .2006. by James W. LiDdbeJ&
as Senior Va President of 21ST CeatuIy BalIk. a
Mhmesota COJpnatioD. on behalf of tile corpcmdioo.
NotaJJ Pbb1ic.
My Commission expires
County, Mhmesota
I hereby certify that I have surveyed 8Dd p'- tile property cIescribecl on this plat as
IIUNTBRS CROSSING 3D ADDMON, that tbis pial is a colleCt ~nof
the survey, that all disrm;es are coaecdy shown on the plat in feet 8Dd 1umc1redtbs of a
foot. tbat an II10DIDIIeIIlS will be coaecdy pJaced in the aavUDd as desipated.that the
outside bouadaly lilies are coaecdy desipated on the plat, and that there are DO wet
IaDds as cletined in MS 505.02, Subd. t, or pubJic highways to be cIesipated other than as
sbowD.
Tedd W. Mattke. Laad SurYeyor
Mhmesota License No. 15612
STATE OF MINNESOTA) The foreaoin8 iDstrumcnt was ackDowleclpd before ... this
COUNTY OF ) _day of .2006, by TaM W. Mattke,
Laad Surveyor.
Notmy Public,
My Commission expires
I hereby certify that the City CoUDCil of tile City ofCeDlerviDe, Aaoka Co1m1y,
Mitmesota, duly accepted and apJJrOved the p)at oflltJNTlRS CROSSING 3RD
ADDmON at a regular meeting beld this _ day of .2006. If
applicable, written CODIIDeD1S aad l~~DS ofdle Commissioner or
Tl8IISpOIt8Iion and the County Highway EasDer haw been.aivecl by die City, or the
pteSCribed 30 day period bas elapsed without receipt of such collllllCll1S ami
IeCOIIDIlCDdado as provided by MimL Statutes. Section 505.03, Subd. 2.
Co1m1y. Mhmesota
City ofCentervillo
Anoka County. Minnesota
B1.
B1.
.. Mayor
. City Mauager
Checked aDd Approved this _ clay of
. 2006.
Mattke Surveying 1& Engineerin.g, Inc.
By
. Aaoka County Surveyor.
City 0:1 Centerville
County 0:1 ADoJc:a
Section 28, T31, B22
GRAPHIC SCALE
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NOTE: FOR lHE PURPOSES OF -mIS PLAT. THE SOUlH UNE
OF THE NORTHWEST QUARTER OF THE NORTHWEST
QUARTER OF SECTION 26. T31. R22 IS ASSUMm TO
BEAR N88.J4'25.W.
(f) DENOTES AN ANOKA COUNTY MONUMENT
. DENOTES FOUND IRON MONUMENT
o DENOTES 1/2D IRON PIPE SET AND
MARKED BY R.LS. REGlSTRA nON NO. 15612
-6- DENOTES DRIGHT OF ACCESS. DEDICATED TO
ANOKA COUNTY IN HUNTERS CROSSING 2ND
ADDInON.
DRAINAGE " UTlUlY EASEMENTS SHOWN THUS:
10.
BEING 10 FEET IN WIDTH AND ADJOINING STREET UNES
AND REAR LOT UNES. AND 5 FEET IN WIDTH AND ADJOINING
SIDE LOT UNES, UNLESS SHOWN OlHERWlSE ON THIS PLAT.
NATIONAL SPORTS CENTER
SUPER RINK EXPANSION
GUARANTEE AGREEMENT
THIS AGREEMENT is made this day of March 2006, by and between
the State of Minnesota acting through the Minnesota Amateur Sports Commission
("MASC"), the National Sports Center Foundation ("NSCF'), a Minnesota non-profit
corporation, and the City of Centerville ("City of Centerville").
WITNESSETH:
WHEREAS, MASC, pursuant to Minnesota Statutes Chapter 240A, has the
authority to design, construct, own and operate an ice arena and auxiliary facilities; and
WHEREAS, MASC has determined the need for additional ice sheets at the
Schwan Center, and has requested the issuance of tax exempt bonds ("Bonds") by the
Anoka County Housing and Redevelopment Authority ("ACHRA") for the purpose of
assisting in the financing of an additional ice arena ("Facility") consisting of at least four
ice sheets to be located on property ("Property") owned by the MASC at the National
Sports Center (''NSC'') at 1700 - 10Sth Avenue NE, Blaine, Minnesota; and
WHEREAS, it is contemplated that the total cost of the Facility including the cost
of the design, construction and securing financing will be approximately $11,100,000.00;
and
WHEREAS, the ACHRA has agreed to issue Bonds for the purpose of financing
a portion of the construction of the Facility pursuant to certain terms and conditions all to
be set forth in various bond documents ("Bond Documents"); and
WHEREAS, the Property has been leased by MASC to ACHRA in connection
with the issuance of the Bonds; and
WHEREAS, ACHRA has subleased the Property to the NSCF; and
WHEREAS, pursuant to the sublease, the NSCF is responsible for the
construction and operation of the Facility; and
WHEREAS, the Centennial Youth Hockey Association ("CYHA"), a Minnesota
non-profit corporation, has entered into an ice sheet rental agreement ("Ice Sheet Rental
Agreement") with NSCF and MASC through which CYHA will receive certain priority
rights in scheduling and purchasing up to 1,340 ice sheet hours per year in return for
agreeing to purchase each year a minimum of 860 ice sheet hours. The City of Centerville
is willing to assist in the financing of the Facility by guaranteeing each year 16% of the
1340 ice sheet hours and in consideration of the CYHA guarantee of 860 hours, the
remSlining hour guarantee would be 16% of 480 hours annually.
Draft 02/22/2006
1
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NOW THEREFORE, for good and valuable consideration the parties hereto
hereby agree as fonows:
SECTION 1
TERM
This Agreement shall be effective as of the date set forth above, and shall terminate on
the earlier of January 1, 2026, or the final maturity date of the Bonds. In the event the
Bonds are redeemed prior to the final maturity date, this Agreement shall still remain in
effect until January 1, 2026.
SECTION 2
GUARANTEE OBLIGATION
2.1 Centennial Cities. The Centennial Cities (the cities of Centerville, Circle
Pines and Lino Lakes) agree to guarantee for each year during the term of this Agreement,
rental income to the Facility at the Hourly Rate for the one thousand three hundred forty
(1340) Priority Hours only if annual gross rink revenues are insufficient to pay annual
bond & operating costs. This guarantee obligation shall be allocated to each member city
as follows: Lino Lakes (72%), Centerville (16%), and Circle Pines (12%). It is
acknowledged that CYHA has entered into an Ice Sheet Rental Agreement with NSCF to
guarantee 860 of these 1340 hours.
SECTION 3
NOTD1CATION
3.1 Notification. On or before June 1 of each year, NSCF shall provide to the
City of Centerville a written notification (''Notice'') if any portion of the 1360 ice sheet
hours have not been committed to in the manner provided for by the joint board.
3.2 Right to call for Joint Board Meeting. The City of Centerville shall have
thirty (30) days from the date of the Deficiency Notice to request in writing that the NSCF
call a meeting of the Joint Board for the sole purpose of exploring any available
opportunities for the sale of all or any portion of the Uncommitted Hours. Upon receipt
of such written request for a meeting of the Joint Board, NSCF shall schedule a meeting as
soon as practical and notify the City of Centerville of the date of such meeting.
3.3 Payment of Deficiency. As soon as practical after March 31 of each year,
NSCF shall provide to the City of Centerville written notification of the number of
Uncommitted Hours that remained unsold as of March 31 and the donar amount due
("Deficiency Assessment") NSCF based on the Regular Hourly Rate. Payment by the City
of Centerville of the Deficiency Assessments shall be made within thirty (30) days of its
receipt.
SECTION 4
Draft 02/22/2006
2
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ESTABUSBMENT OF JOINT BOARD
4.1 Joint Board. NSCF and MASC agree to the establishment of a joint board
("Joint Board") consisting of one member appointed by the Blaine Youth Hockey
Association, one member appointed by the Centennial Youth Hockey Association, two
members appointed by the NSCF, and 2 members appointed by the MASC. MASC may
also appoint non-voting ex-officio members as needed. With respect to the two members
to be appointed by the NSCF, one such member shall be appointed to represent the
interest of the users of the Columbia Ice Arena and one such member shall be appointed to
represent the interests of the Herb Brooks Foundation.
4.2 Powers of Joint Board. The Joint Board shall exercise the following
powers and such other powers as are set forth in the Ice Sheet Rental Agreement or as
may be required by any of the Bond Document:
(a> Establish procedures for the fair and equitable exercise of rights relating to
the Ice Sheet Rental Agreement.
(b) Approval of an annual operating budged consistent with the Ice Sheet
Rental Agreement and the Bond Documents.
( c) Establish fair and equitable use and programming policies and procedures
not covered by and not inconsistent with the Ice Sheet Rental Agreement
and the Bond Documents.
(d) Recommend programming decisions.
( e) Establishing the Regular Hourly Rate.
SECTION 5
SPECIAL TERMS
5.1 Scheduling Rights for the Centennial Cities. Each city member of the
Centennial Cities shall be entitled to the following for 40 years until January 1, 2046:
(a> The right to schedule one fall session for free skating.
(b) 300 Single use passes for open skating on an annual basis. Distributed
as follows; 216 to Lino Lakes, 36 to Circle Pines and 48 to Centerville.
(c) The right to schedule and purchase up to 12% ofCYHA 1340 hours if
requested by April 1 st prior to each season and shall be prorated as per
each cities Proportionate Share.
S.2 Additional Rights for Centennial Cities. If subsequent to the date of this
Agreement, a Minnesota Hockey Association sanctioned club/association is organized to
serve all or part of a city member of the Centennial Cities, the Centennial Cities may, at
Draft 02122/2006
3
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their discretion, choose to assign a portion of the Priority Hours that CYHA has under
Section 3.2(c) to the new association.
5.3 Recognition for the Centennial Cities. The Centennial Cities shall receive
recognition in 2 locations; on the exterior of the building and inside the entrance to the
building.
5.4 Centennial City Payments. The Centennial Cities have set a goal to
contribute the sum of $100,000 towards the construction of the Facility. Any payments
made pursuant to this pledge shall be paid directly to the NSCF Construction Fund and
CYHA shall receive a credit for such payments.
a. The city of Centerville shall make a capital contribution to the project
of $16,000 as per the fonowing payment Schedule. January 15, 2007
$8,000 and January IS, 2008 $8,000.
SEC'DON 6
MISCELLANEOUS TERMS
6.1 Observance of Laws. NSCF and MASC will observe all applicable laws,
regulations, ordinances and orders of the United States, the State of Minnesota and
agencies and political subdiVisions thereof and each department or agency thereo(
applicable to Facility. NSCF and MASC shall have the right to contest by appropriate
procedures the adoption, validity or applicability of any laws, regulations, ordinances and
orders referred to in this Section and to delay compliance therewith, without violating the
provisions of this Section, if the procedures taken by NSCF or MASC to contest the
validity or applicability of any such law, regulation, ordinance or order are appropriate and
have the effect of staying the finality and enforceability thereof against NSC or MASC.
6.2 Amendments. This Agreement may not be amended, changed, modified,
altered or terminated without the prior written consent of the NSCF, MASC and the City
of Centerville.
6.3 Waiver and Cumulative Rights. No waiver of any breach of this
Agreement by a party shall be considered to be a waiver of any other subsequent breach,
and no right or remedy herein conferred upon or reserved under this Agreement is
intended to be exclusive of any other right or remedy.
6.4 Governing Law. This Agreement shall be governed and interpreted under
the laws of the State of Minnesota.
6.5 Authorization for Agreement. Each' of the parties to this Agreement
warrant and represent that it has full power and authority to enter into this Agreement and
carry out its obligations hereunder and that it has taken all action necessary to permit its
execution and fulfillment of this Agreement.
Draft 02122/2006
4
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6.6 Not Joint Venturer. The City of Centerville shall not by reason of any
provision of this Agreement be or be deemed to be a joint venturer with or partner or
agent ofNSCF or MASC.
6.7 Assisnment. This Agreement may not be assigned in whole or in part by
any party without the prior written consent of the non-assigning parties, except that NSCF
or MASC may assign this Agreement in whole or part to the Trustee under the Bonds or
its successor and NSCF may assign any of its rights and obligations under this Agreement
to the MASC.
6.8 Audits. All books, records, documents and accounting procedures and
practices of the parties relating to this Agreement shall be subject to examination by the
MASC, or other state agency as may be required by law.
Draft 02122/2006
5
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Minnesota Amateur Sports Commission
By
Its
City of Centerville
By
Its
Draft 02122/2006
National Sports Center Foundation
By
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PROPOSAL TO THE
CITY OF CENTERVILLE
FOR MUNICIPAL LEGAL SERVICES
Dated: February 28, 2006
For Burstein & Glaser:
Steven . Burstein
(612) 339-6561
Kurt Glaser
(612) 333-6513
510 First Avenue, Suite 610
Minneapolis, MN 55403
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Introduction
Thank you for considering our proposal -to provide legal services to the City of
Centerville. This proposal marks the association of the law fIrmS of Burstein Law Firm, P .A.,
and Smith & Glaser, LLC., under the name of Burstein & Glaser. We have a proud history of
offering personal attention to our clients. For more than twenty years, we have served as the City
Attorneys for the City of Circle Pines and the City of Lexington. We would like to bring that
same pride and dedication to the City of Centerville.
Weare the natural choice to provide legal services to Centerville because we already
provide these services for Circle Pines and Lexington. Since all of these Cities share similar
issues and are all served by the Centennial Lakes Police Department, the economies brought
about by these shared assets allows us to provide services at a lower cost than any other fIrm. In
every respect of legal representation, Burstein & Glaser will meet or exceed the current level of
service previously received by the City of Centerville.
ProDosal Summarv
Burstein & Glaser will provide both civil and prosecution services to the City of
Centerville. Legal services would be provided by attorneys Steven Burstein and Kurt Glaser.
Attorneys Fred Burstein and Dennis Smith will be available to lend their expertise and guidance
in areas when needed. These services will be provided at the rate of$95.00 per hour.
Burstein & Glaser: Firm Oualifications
The lawyers of Burstein & Glaser provide civil and prosecution services to the Cities of
Circle Pines and Lexington. We also provide or have provided civil services to the Cities of
Minneapolis and Oak Grove, and for the Minneapolis Community Development Agency (now
known as Community Planning and Economic Development Agency). Outside of our
governmental work our firm provides legal services in the areas of general business litigation,
contract and employment law, international law and real estate development.
Attorneys Steve Burstein and Kurt Glaser, along with their colleagues, Fred Burstein and
Dennis Smith provide the Cities of Circle Pines and Lexington with the vast majority of their
legal needs. We attend council and workshop meetings, draft ordinances and resolutions, and
provide general counsel to the Cities. We provide advice on matters involving property, zoning,
business regulation, police and fire procedure, employment, and many more areas. In unique or
specialized areas of law we are not too proud to call in experts or serve as a resource manager for
the needs of our clients. Our service to the Cities of Circle Pines and Lexington shows how we
can and will provide excellent service for the City of Centerville.
In addition to civil services, Burstein & Glaser also provides the Cities of Circle Pines
and Lexington with prosecution services. These services include all in-court hearings and trials.
Outside of court we complete case investigations, work with crime victims, litigate restitution
matters, and serve as a liaison between our Cities and all outside law enforcement and related a
agencies. The Chief, Captain and Investigator of the Centennial Lakes Police Department all
support the transfer ofCenterville's prosecution services to Burstein & Glaser. They believe that
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the level of professional service and expertise previously provided by attorneys Burstein and
Glaser make us the logical and preferred choice to perform these services in the future.
Introduction To Our Lawvers & Staff
· Steven M. Burstein
Legal Training.
University of Minnesota Law School (Juris Doctor, 1994).
Admitted to practice. Supreme Court State of Minnesota, 1994, United States District
Court for the District of Minnesota, United States Court of Appeals for the Eighth
Circuit.
Professional Chronology. Steven went into private practice with The Burstein Law Firm
after graduating from law school in 1994. He has practiced with the :firm continuously
and served the City of Circle Pines during his entire tenure.
· Kurt B. Glaser
Legal Training.
University of Toledo, Ohio
College of Law (Juris Doctor, 1992).
Oxford University, England
Magdalen College, Institute on Comparative and International Law (1990)
Admitted to practice. Supreme Court State of Minnesota, 1992, United States District
Court for the District of Minnesota, United States Court of Appeals for the Eighth
Circuit.
Professional Chronology. Kurt has been a solo practitioner or small law fIrm partner in
two :firms since entering practice in 1992. Mr. Glaser is currently a partner in the fIrm of
Smith & Glaser, LLC. A feature of his professional history is his distinguished service to
the U.S. District Court which has reappointed him annually since 1998 to serve the Court
in complex criminal law matters. Early in his career he served as a prosecutor in Wayne
County (Detroit), Michigan, where he prosecuted gang~related gun and drug offenses. He
also served in the Office of the Public Defender, Lucas County, Toledo, Ohio.
· Fred Burstein
Legal Training.
University of Minnesota (B.B.A., 1960); Univ~rsity of Minnesota (Juris Doctor, 1960).
Admitted to practice. Supreme Court State of Minnesota, 1960 United States District
Court for the District of Minnesota, United States Court of Appeals for the Eighth
Circuit.
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Professional Chronology. Fred began his practice with the law fIrmS of Smith, Juster,
Feikema, Malmon & Haskvitz, 1960-1961. and Robins, Davis & Lyons (ilow Robins,
Kaplan, Miller & Ciresi), 1961-1963. In 1963, Fred started his own law fIrm and has
maintained his fIrm ever since. Fred has represented the City of Circle Pines since 1961.
· Dennis Smith
Legal Training.
William Mitchell College of Law (Juris Doctor 1976)
Admitted to practice. Supreme Court of Minnesota, 1976. Of counsel since July 2005.
Professional Chronology. Dennis has been a solo practitioner or small law fIrm partner in
three firms since entering practice in 1976. A feature of his professional history is that..
Dennis has served as the City Attorney for the City of Lexington since 1985. Currently,
Dennis is of counsel to the fmn where he advises on civil matters for the City.
· Lisa M. Sorbe, Paralegal
Ms. Sorbe has been with Kurt since 2004. She is familiar with every operation within the
firm and knows all of our clients (usually by their first name). Lisa is directly responsible
for the office preparation of prosecution matters such as file organization, document
production and contact with witnesses or administrative agencies. She is the initial point
of contact for City Officials and Police Officers.
· Jennifer Scribner, Legal Assistant.
Jennifer has been with the firm since September of 2005. Jennifer is intimately involved
in all aspects of prosecution matters.
Soecific Areas Of Exoertise
Criminal Prosecution
We have prosecuted petty misdemeanor, misdemeanor, and gross misdemeanor cases for
Circle Pines and Lexington for over 20 years. Cases are processed from the defendant's fIrst
appearance through jury trial, if necessary. We are also responsible for advising the officers of
the Centennial Lakes Police Department regarding the current law, and for conducting relevant
parts of the field training for all new officers. We hold all of the certifications and law
enforcement authorizations necessary to perform criminal prosecutions. These are as follow:
Certification from the Federal Bureau of Investigation, National Crime Information
Center granting our firm access to the National Law Enforcement Telecommunications
System. This certification allows the firm direct access to the F.B.I.'s nationwide system
of law enforcement and criminal history records.
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Certification from Minnesota Department of Public Safety, Bureau of Criminal
Apprehension granting us access to all private and secure State law enforcement records
and criminal history records.
Certification to use the Statewide Supervision System granting us access to State
detention, probation, and prison records. In particular this certification authorizes our
firm to use the new CrimNET system for tracking criminal histories and the whereabouts
of suspects and witnesses.
Certification from the Minnesota Department of Public Safety, Division of Vehicle
Services granting us direct access to State driver license information, driving records, and
vehicle ownership records.
General Municipal Law
(1) Eminent Domain Proceedings
We have represented the City of Minneapolis in eminent domain proceedings to acquire
land for expansion of the Convention Center and recently completed representing the City in
connection with the Mann Theatre/Stimson building on Hennepin Avenue. In the Convention
Center case, we defended the City against an appeal by one of the property owners dissatisfied
with the award by the court-appointed commissioners. We have represented the City of Circle
Pines in multiple eminent domain proceedings to obtain land for a major commercial and
residential development. Of the three commissioner hearings, one resulted in an award below
the quick-take amount and one at the quick-take amount.
We have also served as counsel to both the City and the MCDA to successfully defend
the claim of a tenant of the Conservatory Center on Nicollet Mall that the MCDA and the City
lacked the authority to use their eminent domain power to acquire the Conservatory site. The
MCDA and the City successfully opposed the tenant's request for a temporary restraining order
to prevent any eminent domain activity and obtained an order dismissing the tenant's lawsuit.
We have represented the City and the MCDAfrom start to finish in more than a dozen
eminent domain proceedings, including those involving the Target Center, Block E, Chicago-
Lake, Harmon Commons, Hawthorne Crossings, and West Broadway redevelopment projects.
We also represented the MCDA on the Minneapolis Downtown Magnet School and. St. Thomas
Coll~ge expansion projects. The firm also represented the MCDA with respect to part of the
Model Cities urban renewal plan and has recently concluded representing the City with respect to
the storm watef and flood mitigation proje~t.
We have tried several condemnation cases to Hennepin County District Court juries on
behalf of the. MCDA. In one of them .we were successful before trial in obtaining an order
restraining an individual who purchased the property after commencement of the condemnation
action from continuing with . construction of improvements intended to enhance the value of the
property.
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(2) Real Estate and Leasing
We have represented purchasers, sellers, and lenders on a regular basis in connection
. with all aspects of the acquisition, sale and financing of commercial, . industrial and residential
real property. We have negotiated, prepared and reviewed commercial leases for our municipal
clients and many of our business clients. This has included representation of parties in major
lease negotiations with developers of major office buildings and shopping centers. We have
represented several major corporations in "negotiations and litigation relating to lease violations
and other real property'disputes.
(3) Preparation of Development and Redevelopment"
During our tenure as City Attorney for Circle Pines, Circle Pines has been transformed
into a fully developed community. We have been closely involved in all development in Circle
Pines and Lexington, and have consequently negotiated, prepared and review~d development
contracts, and supervised the other legal aspects of several commercial and residential develop-
ments. We recently assisted the City of Circle Pines on a major redevelopment project.
Lexington was the first City in Minnesota to fully utilize a new cooperative designation
for manufacture home communities. We assisted the City to redeveloping our largest
manufactured home community into a cooperative. We have also worked on numerous blight
and building removal matters.
Contract Litigation
. We have litigated a wide variety of contract disputes in State and Federal court at both
the trial and appellate levels. The litigation has involved issues involving real estate purchase
agreements and contracts for deed; stock and asset purchase agreements; leases; business
brokerage agreements; shareholder agreements; indemnification agreements regarding
environmental, premises liability, and other issues; restrictive covenants; and commercial loan
agreements.
Labor and Employment Law
We have substantial experience in the area of employment law representing both
employees and employers. This work primarily involves disability and discrimination work. We
have regularly worked with the Equal Employment Opportunity Commission and have been
listed as a preferred attorney by the Minnesota Department of Human Rights since 1995. The
representation has includeEl=local employers in employment actions such as Wells Fargo Banks
and the Valley Automotive Group, and Blaine employer, Life's Companion, p.e.A., Inc. -
Miscellaneous Matters
We have handled many matters on behalf of our clients that are not mentioned elsewhere
in this proposal. These matters" include the following:
*
Financing and construction of a new City Hall in Circle Pines.
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Acquisition of new City Hall in Lexington.
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Preparation of leases of space in the new City Hall to the City's municipally-owned gas
utility, the Centennial Lakes Police Department and private businesses.
*
Acquisition of real property, including acquisition of tax-forfeited land.
*
Gas franchise negotiations with the City of Lino Lakes.
*
Representation in negotiations and review of operating agreement for Circle Pines and
Lexington with a sanitary sewer district.
*
Gas utility disconnection, cold weather disconnection, and landlord/tenant policies for the
City's gas utility.
*
Successfully recovered close to $400,000 in damages against an engineering frrm due to
negligent work performed on a development project.
*
Create and renegotiate Cable franchise and operating agreements.
*
Assist in the creation of the Rice Creek Watershed Wetland Management Plan.
Ooerational RelationshiD
Our proposed working relationship with the City of Centerville would be based on our
model of practice with the Cities of Circle Pine and Lexington - and our philosophy of providing
excellent services to our clients. As any small law firm our attorneys are directly accountable to
our clients, but we will also serve the ~ity as a team. Kurt and Steven will work together to
provide both the civil and prosecution services for the City. Using this team approach, if one
person is unavailable, another can assist- whether it is to answer a simple question or to respond
to an emergency situation.
Since we are a small office, the files are accessible to all attorneys and staff: Generally,
our main lines of communication have been through the City Administrators for civil issues and
individual police officers or the Chief of Police for prosecution issues. As individual matters
arise which involve other City. staff or contractors we directly deal with those individuals and
keep the administrative or elected officials appraised of progress or updates. Obviously, not
every aspect of our current practice can be applied to Centerville but as a small office we are
flexible and we will respond to the exacting needs of the City. We also use technology to our .
advantage.
Communication, Resources & Technology
The phone is answered by our legal assistants, Lisa Sorbe and Jennifer Scribner. Ms.
Sorbe and Ms. Scribner know all of our clients. If an attorney is not in the office, their calls are
generally routed directly to the attorney's cell phone. If it is after hours, the voice mail tree
directs calls to cell phones -not an office voice mail system. Whenever possible our attorneys .
take phone calls as they arrive instead of routing them for a message.
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Our fax system is unique in that documents faxed to the office are directed to e-mail
instead of being printed. As a fax arrives it appears on the e-mail system and also notification is
sent out to the appropriate cell phone(s). This system is especially helpful during the weekend so
that quick action can be taken regarding people who have been arrested or if a police officer has
a question. Our computer network is also equipped with a feature which allows for secure,
remote access of our files. Together, these call routing, fax, and computer access features are
helpful if the City needs a quick response at a time when an attorney is at home or otherwise
outside of the office. .
The computer resources of our office use a database system called TimeMatters. This
system contains all of the contact information for clients and parties to litigation (including each
person arrested or prosecuted by the City). It also handles scheduling, deadline warnings, billing,
phone messaging, and e-mail traffic based on Microsoft Outlook. TimeMatters serves as a
document creation system for documents produced using WordPerfect or Microsoft Word. Our
office primarily creates documents in WordPerfect and Adobe.
We have the most secure internet system available. Our e-mail is run through a secure
internet server operated by the Lexis-Nexis Corporation (a corporation serving the legal
industry). The office internet connection is contracted through Time-Warner. The connection has
static IP addresses with a dedicated fIrewall using 128 bit encryption. We have a Gold
maintenance contract for our Norton Corporate Anti-Virus protection allowing for real-time
virus updates.
Reporting Mechanisms
We have systems and mechanisms in place for reporting on projects, requests and
litigation. Each matter, project or prosecution is entered into our TimeMatters system. That
database systems tracks the date and type of each court appearance, documents produced for
each case, and amount of hours billed. We produce several types of reports which show billing
and progress. Currently we provide detailed billing entries for all civil matters. Because of the
requirements of the Minnesota Data Practices Act, we provide a tally of hours spent on
prosecution matters and a separate report showing the progress of each case. The report describes
each case by its identification number, type of charges, and then states the type and date of each
court appearance. Accordingly, the City is protected from civil liability for errant disclosure of
private data as no criminal suspect or defendant is identified in a billing or progress report.
Responsive Time Frames
All telephone calls are returned within a maximum of 24hours. We intend on treating the
City of Centerville as we do Circle Pines and Lexington - and we have always viewed them as
priority clients. The normal response time for inquiries from the Cities are generally much
shorter than 24 hours and are often handled immediately. Requests for research depend on the
scope or urgency of the project but are usually initiated within 24 hours.
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In the event that the City presents our fmn with a question or matter which is beyond our
expertise, we have preexisting relationships with a number of law firms to provide specialty
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services. We will immediately initiate contact with such firms and assess time lines for time
sensitive issues.
Potential Conffict of Interests
Weare not aware of any clients, lawsuits, or other legal actions between our clients and
the City, with the exception of matters involving the Cities of Circle Pines or Lexington. In the
event that any potential conflict arises, we will bring this to the attention of the City in order to
fully protect its interests.
It is unlikely that any conflict would arise between the Cities served by Burstein &
Glaser. There is, however, the potential for a conflict to arise over issues related to the
Centennial Lakes Police Department. In the event that an issue would arise between the Cities, it
may be likely that the Cities would want Burstein & Glaser to handle the matter and waive any
conflict as doing so may be a less costly alternative than if farmed out to three separate law
firms. In the unlikely event that an actual conflict arose between the Cities which did require
separate counsel for each City, Centerville would be served by independent counsel, Steven
would serve as counsel for Circle Pines and Kurt would .serve as counsel for Lexington. Circle
Pines and Lexington will formally authorize this designation of counsel if Burstein & Glaser is
selected to serve Centerville.
Joint Service I Merger
Initially, Burstein & Glaser will provide services to Centerville through an association of
the law firms of Smith & Glaser, LLC and the Burstein Law Firm P .A. As a first step, the two
law firms are moving into the same office and are planning for the formal merger of the firms
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ComDensation
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We are extremely sensitive to the City's need to contain costs. Subject to that request, the
following is a schedule of the proposed hourly rates for work performed by Steven and Kurt:
· Prosecution Services: $95.00 per hour for prosecution services.
· Civil Services: $95.00 per hour for general counsel services.
· Paralegal Services: $55 per hour.
· Expenses will be billed at cost as they may arise.
· For specialized civil projects beyond general counsel services, our hourly rates would
need to be negotiated on a per project basis. or not to exceed basis.
Insurance
The firm currently maintains insurance for general liability, automotive, workers
compensation, and errors and omission insurance with a disclosure of our work as a City
Attorney.
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Professional References
The following people can provide information concerning the. legal services we have
provided for the City of Circle Pines, City of Lexington, City of Minneapolis, and the
Minneapolis Community Development Agency:
James W. Keinath
City Admiliistrator
City of Circle Pines
200 Civic Heights Circle
Circle Pines, Minnesota 55014
(763) 784-5898
Joel D. Heckman
Chief of Police, Retired
Centennial Lake Police Department
102 Indian Hills Lane
Circle Pines, MN 55014
(763) 792-9526
Donald Valenta
Mayor
City of Lexington
4175 Lovell Road, Ste 140
Lexington, Minnesota 55014
(763) 786-5281
R. Joseph Quinn
Jupge of District Court
Anoka County District Court
325 East Main Street
Anoka, MN 55303
(763) 422-7440
Dot Heifort
Mayor, Retired
City of Lexington
9272 Griggs Avenue North
Lexington, MN 55104
(763)786-3789
Michael Norton, Esq.
Former Minneapolis Deputy City Attorney
Kennedy & Graven
200 South Sixth Street, Suite 470
Minneapolis, MN 55402
(612) 337-9300
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Michael J. Delmont
City Manager
. City of Lexington
4175 Lovell Road, Ste 140
Lexington, Minnesota 55014
(763) 784-2792
Thomas A. Gump, Esq.
Former Oak Grove City Attorney
The Beard ~roup, Inc
750 Second Street N.E. Suite 100
Minneapolis, Minnesota 55343
(952) 930-0630
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Chief Robert Makela
Captain Ron Nelson
Investigator Russel Blanck
Centennial Lakes Police Department
54 North Road
Circle Pines, l\1N 55014
(763) 784-2501
Michael L. Schwab, Esq.
Former Development Counsel
Legal! Real Estate
Minneapolis Community Development
Agency
10740 57th Place N.
Plymouth, MN 55442
(763) 694-9611
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Conclusion
Thank you for considering our proposal. Our fmn is made up of people who enjoy
helping others. We all take pride in our work and it is reflected in the successes we have brought
to our clients. We would enjoy serving Centerville as general counsel and prosecutor.
We would greatly appreciate the opportunity to speak directly to the council regarding
our proposal to provide legal services. Should you have any questions please feel free to directly
contact Steven Burstein at (612) 339-6561 or Kurt Glaser at (612) 333-6513
Very truly yours,
Steven M. Burstein
Attorney At Law
Kurt B. Glaser
Attorney At Law
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-11-
DRAFT VERSION 2/16/05
LEASE AGREEMENT
BY AND BETWEEN
CITY OF CIRCLE PJNBS
("Landlord")
AND
BOARD OF POLICE COMMISSIONERS
OF THE crrms OF
CENTERVlLLE. CIRCLE PINES AND LEXINGTON
("Tellant")
Leased Premises
TABLE. OF CONTENTS
~ bat
1. LeasaI PrCIIIises .............. .... ...... ....... ............ ...... ........ ............ ........... ............ .......... ....................3
2. Term ............... .... ... ..... ... ....... ... ............ ...... .... ..........,......... ..... ... ......... ...... .......... ..... ...... ............. :)
3. T eJIIIlt's Use of tile Prauises .... ..... .......... ...... ........ ..... ... ..... ................... ........ ............... ......... ......3
4. Rent, Additional Rent and Other Sums to be Paid by TeJIIIlt .........................................................3
s. Condition, Repair, Replacement and IIAintenanr.e oftbo Premises ................................................ S
6. IDs1D'aJll:e...... .... ... .... ....... .......... .... ....... .............. ..... ... ... .... ....... ....... ............. .., ........ ............... ......6
7. Compliance 'With Laws and Imura.nce R~.....................................................................7
8. AlteratioDs~ Ac:IcIitioDs 8Ild Impro~ ................................................................................... 10
9. Fire aIlCI OIlIer Casualty A1I"ectins the Prauises..........................................................................10
10. AssiJllllllCllt and Sub1ettiJJ&... ...... ............. ... ........... ......... ... ...... ..... ....... ..... ..... ... ........ .e... ............. 11
11. Landlord's Right to Inspel)t aIld Repair ......................................................................................11
12. J~~ftcatiOD 8J1d WaivoJ- mLiability ..................................................................................... 11
13. CondCl'lllSltion ......... ..... .... ........ ..... ...... ..... ................. .... ...... ...... .............. ..... .... ........... .... .... ...... 12
14. I.aJlcIIorcl'. Right to Re-Enter ..................................................................................................... 12
IS. Ilefault by TeJI8Ilt aIlCIl.aJ1dlord's RCIIlOCIics ..............................................................................12
16. 8er'viccs 8IlCIlJtiIides ....... ........ ..... ... ..... ............. ... ......... ..... ......... .... ....... .... ...... ........... ... ....... .... 14
17. Notices .... ..... ....... .......................... ............. .... ........ ....... ... ....... ....... ... .............. ............ .... ..... ..... 14
18. TeJIIIlt'. Ript to Qlliet ~ ............................................................................................15
19. TransfCl" of Tide to TeJIIIlt............................................ ...................... ............ ........ ................... 15
20. Ni.IA~........... ....... .......... ... .... .......... .................... ........ ..... ........ ................. ..................... IS
2
Tbis Lease Agreement effective this day of 2006, between the City
ofCirole Pines, a Municipal Corporati~ referred to in this Lease as "LmIIord",
-and-
tho Board of PoIicc Commissioners of the Cities of CenterviJlo, Circle Pines and IAxiDfon referred to in
this Lease as "TeDBDt."
1. Leawd ftwn---- Landlord Leases to Tenant aDd Tenant hires &om Landlord, in accordance
with the proYisioas of this Lease, the land, toptber with the buildiDs aad improvemads thereoD, located in
the City of Circle Pines more particularly described in Schedule A aonexed to and made part of this Lease;
dID land, buildiDs mI improwments beiDa ref.... to in this Lease 8S the "Premises." This Lease is made
subject to such facts as an accurate survey may disclose easements, rights of way and restrictioos of
record.
2. :b!Ig, TbD term oftbis Lease sbaU be for fifteen (IS) years, COJDJDDncina January 1,2006
and endins miduisht, December 31, 2021.
3. TeMldt. Use o'dIe .........
(a) Use bv TeD8ld ... CertUkate of ~1Ift'.. Tenant shaD use and occupy the
Premises only as and for Police Headquarters. In the event required, Tenant sbaD, at Teaant'. own expeDSO,
apply for and obtain a Certificate of Occupancy with respect to the Premises, ..sed upon the use set forth
above, &om the appropriate authority, prior to tho COIIIIIleIICCID elate oftbD Lease.
(b) P.roIdbited Use. T eaant sball not occupy nor use aU or any part of the Premises nor
permit or suffer the Premises to be occupied or used for any purpose other than as prcMded for in this
Lease.
4. Rent. A........ RelIt .... Other ... to .. PaId bv T-DtIIIt.
(a) Reat. Tenant sba11 pay Landlord rent in the amount of Sloo,ooo DoDars on Aupst 1,
2006.
(b) Additional Rent Based UllOa Real Estate Toes. As aclditicma1 rent, Tenant shaD pay
LandIorcl the aanuaI real estate taxes, if IIDJ, and assessments, if any, assessed and Imcd apinst tho
Premises, on the first (1st) day of eacb month, in ad.la, in a sum equal to 1/12th of the real estate taxes
aad assessmen1s duo aad payable for the then calendar year,
(0) Additional Reat Based UllOa Assessments lor Public ImnrovemeJds. As additional
rcat, upon dcmancI. Tenant shall pay Landlord aU assessments, if any, for public improvements assessed
and lewed against the Premises. If any assessment for public improvements sball be payable in
~ Landlord sba11 pay such asses.... in the maximum number ofiaml'menta permitted by law,
and Tenant's obliption to pay additicmal rent sbaU be limited to eacb installment thereof due and payablo
cIuriDa the leaso term.
(d) Additioaal aent Based UDDn Other SDIIIL Teuant sbaU pay Landlord, as additioual
rent, aU other sums of money on Tenant'. part to be paid pursuant to tho terms, coWllllds aad conditicms
oftbis Lease.
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(e) Additioual Rent Based 0_. ReilllburseDle.t to L8nd1onl. If Tenant sbaU fail to
cxnnpIy with or to perform any of the terms~ conditions aad coveaants of this Lease, LandIorcI may (but
with no obligation to do so) carry out and perform such terms, conditions and coveuants, at tho expense of
T~ which expense sbaII be payable by T~ as additioaal rout, upon the cIemancI of Landlord.
(t) Additiolllll Rent Based DIIO_ Tue Based 0. Relit. If at any time duriDs dID term of
this Lease a tax or ohar. shall be imposed by tho State of Minnesota or the 00UDty or IDUllicipality in
which the Premises is located, pursuant to any future law, which tax or charge sball be based upon the rent
due or paid by Tenant to LandI~ then Tenant sbaU pay Landlord, as aclditional rent, suoh fix or cbarae.
(g) Net Lease. No Setotr and ADDHftltfnn.
(i) Net Lease. It is the iDten1ion of the parties that this Leaso is a "triplo net lease"
and Landlord shaD receive the rent, adcliticmal rent and other sums required of Tenant under the Lease,
.....hed fi'om aU costs, expeuses aacI obIiptions of every kind relatiaa to the Premises, whioh sid
arise or become due during the Lease term, all of which shaD be paid by Tenant.
(Ii) A,...... No payment by Tenant or receipt by Landlord of an amount less
than the run rent, additional rent, or otbDr sums required of Tenant under tho Lease, shaD be cloemed
anytbina other than a payment on account oCtile rent, acIcIitionaI rent, or ot1Ier sum duo fi'om Tenant under
the Lease. No endorsements or statements on any check or any letter accompanyiDg any check or payment
of rent, acIditional rent, or other sum due &om Tenant under the Lease, sbaII be deemed an acoorcI and
satisfaction of Landlord. Landlord may accept any check for payment fi'om Tenant without prejudice to
Landlord's risJd to recover the baIanco of rent, acktitioJal rent, or other sum duo tiom Tenant under the
Lease, or to pursue any other risJlt or remedy provided under this Lease or by Requirements.
(Iii) ..... .......... The provisions and terms orthis Lease operate independently
ofthc obligations of the Teuant's member cities to repay bonds issued for the ccmstruction of the Premises.
Payments of rents or lIlODies pursuant to this.......... are not subject to abatemlDt, deduction or setoff
between Landlord or T eoanl
(h) Place 01 Pamnent 01 Rent. The rent, additional rent and other SU1llJ required of Tenant
UDder this Leaso, sbaU be paid by Tenant to Landlord at City of Circle Pinel, 200 Civic Rei'" Circle,
Circle Pines, Minnesota SS014~ or to such other place as Landlord may notify Tenant. a
s. Coadltloa. ..... ...........t.... u............ .Idle ........
(a) Conrlitfnn of the .......... Tenant acknowledges examiDins the Premises prior to the
eo~t of the Lease term, that TOJBDt is tully famiIi... with the condition oCtile Prcmi- and that
Tenant accepts the Premises "As-Is." Tenant enters into the Lease without any representatioos or
warranties 011 the part of Landlord, express or implied, as to tho condition of tho Premises, incIucliDg, but
not limited to, the cost of operations and the condition of its fixtures, improvements and systems, with the
sole exception that Teuant may rely on or enforce any represeldations or warranties IIIlCIo by any COIl1raotor
or subcontractor with respect to ccmstruction of the Premise, fixtures and any personal property acquired
by Landlord for use on the Tenaut's Premise.
(b) TelllUlt's Obl.-tln..
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(i) TeJlBDt's M......~ Tenant sball, at Tenant's own expense, .....in, keep in
good condition, repair and make ~ foreseen and uaforeseea, ordinary and extraordiD&ry~
structural and non-structural, to the exterior of the building on the Premises (includiD& but not limited to,
the roo( roof system, windows aad doors) and interior of the buildias on the Promises (mclucIia& but not
limited to, the plumbiDs system, the spriDIder system, if any, the heating system, the air conditicming
system, if any, the olec1ric system and any other system of the building on tho PraDises1 and the
driveways, parking areas, shrubbery and lawn, on the Premises.
(ii) ....... c........ Iw T...... Notwitbstandiaa any contrary provisiOllS set forth in
this Lease, any damage to the Premises, including, but not limited to, the building or its systems, or the
improvements, caused by Tenant sba1l be promptly repaired or replaced to its former condition by Tenant,
as required by Landlord, at Tenant's own expeDSO.
(Oi) .,..... to KeeD Pi..... ae... In addition to the foreaoiD& 8Dd not in
limitation of it, Tenant shaD also, at Tenant's own expense, undertake aU replacement of aU plate glass and
Opt but'" tlOJ'CSCCllt tubes and ballasts, and decora1iDa, recIecoratias and elcaaiD& of the interior of the
Premises, and sbaU keep and maintain the Premises in a clean condi1ion, free from debris, trash, refuse,
snow and ice.
(iv) T....'s NemdlYe 0......... Tenant shaD not iqjuro, cIoface, permit waste nor
otherwise banD any part of the Premises, permit any nuisance at the Premises, permit the emission of any
objectionable noise or odor from the Premises, place a load on the tloor on the PraDises exceeding the tloor
I load per square foot the tloor was designed to cal1"Y.____________________________________________________------------------------ =~:::l~O~~:;:.~
dlltsImD DOt bear an 1IIIIktnibn
6. 1asunDce. apporaL
(a) lDsanmce CovelW!e. Tenant shaD, during the lease term, at Tenant's own expense,
obtain and keep in force, the following insurance:
(i) Pro~fW 1Dsurance. An AD-Risk Insurance policy covering the Premises and aD
improvements located therein in an amount of one hundred (1000A>>) percent of the replacement value of the
building and aD improvements on the Premises other than foundations, and with such deductible not to
exceed $5,000 DoUars. Tbis insurance sbaU (A) D8IIlC Landlord as its interest may appear; (8) provide that
no act of Tenant sbaD impede the right of Landlord to receive and conect the insurance proceeds; and (C)
provide that the right of Landlord to the insurance proceeds shaD not be diminished because of any
insurance carried by Tenant for Tenant's own account. Tenant acknowledges that it bas no right to receive
any proceeds from such insurance policy, except that after Landlord has completed restoration of damage
to the building, any remaining proceeds sian be remitted to Tenant. LancUord shall not bave to carry
insurance of any kind on the Premises or on Tenant's furniture or furnishings, or on any of Tenant's
fixtures, equipment, improvements, or appurtenances under this Lease; and Landlord shall not be obligated
to repair any damage thereto or replace the same but shaD use any proceeds received from insurance to
repair or restore the building.
(ii) SDrinlr~.. 1Dsunnce. If sprin1ders are instaUed in the Premises, Tenant sball
obtain spriDlder leakage insurance in an amount equal to at least ten percent (1ooA>>) of the amount of
insurance required to be carried by Tenant pursuant to subparagraph (i) above. This insurance may be
included as a part of the All-Risk Insurance policy. This insurance shan (A) name Landlord as its interest
may appear; (B) provide that no act of Tenant shall impede the right of Landlord to receive and coUect the
insurance proceeds; and (C) provide that the right of Landlord to the insurance proceeds shaD not be
diminished because of any insurance carried by Tenant for Tenant's own account.
s
(Hi) LIabIitv IDsunmce. Comprehensive general liability insurance coverage (either
primary mIIor umbrella poIioies), which shall incJucIe persouaI iqjury~ bodily injury, broad form property
damage, operatious bazard, owner's protective coverage, contractua11iabi1ity and proclucts and completed
operations liability. in limits DOt less tbaD Sl,OOOtOOO DoI1ars inclusive. This iasurance shall insure
Landlord and "Landlord's Indenmities" (as defined below) and Tenant, and such other parties as Landlord
may desipte, Il8DIiIw each as the iDsurod. NotwitbstancIins any contnuy proWsions contaiaed in this
paragraph, if any liability insurance policy excludes coverage of any claim made by one iDsured against
anothor, or any action or suit tiled by ODD iDsured against aaother~ then Teuaut sball deliver to Landlord a
separate liability insurance policy, which iDsures oaly Landlord and Landlord's Indemnities and such other
parties as Landlord may _...., in accordanco with tho pro~siOJlS of this paraarapb, ancI a eertitioate of
insurance evidencing a separate liability insurance policy insuring Tenant in accordance with the provisions
of this .......pb. The term "LanclIord'. IDdemDities" sbaII IIle8D any agents, employees, eIectDd or
appointed officials from the cities ofCenterviJle, Circle Pines and LexiDgtoD.
I L______________~_l.lIIsar8IKe Reauirelnelds Ge.nIlv._N1_~~~_~_~_~_~_~_~_~t_// ~ ai..: ;:~.......
are acceptable to Landlord and in form satisfactory to Landlord. Tenant agrees that certificates of II!!I!:!!!!!o Wabr'sCompD1atiCl18111l
insurance wiD be delivered to Landlord as soon as practicable after the placing of the requinxl insurance. ~sLiabilily~=-
Tenant sball, contemporaneously with the execution of this Lease, provide Landlord with a certificate of with=="'sba1l~a
insurance as written evidence of the insurance in force, and renewals thereof sbaD be delivered to Landlord waiYerofsubqatiaa apiDstLaDdlard.,
at least thirty (30) days prior to the expiration of the respective policy terms. All policies shall contain an ,
undertaking by the insurers to notify Landlord in writiDg not less than thirty (30) days before any material
change, reduction in coverage, canceUation, or other termiDation thereof: Tenant shaD authorize insured to
provide Landlord with any information related to policies and this agreement sbaD serve as a general
release authorizing Landlord to seek, review or obtain information related to any Tenant policy for the
Premises.
(c) Waiver of Subrol!lltloa To the extent that the parties may legaOy so agree, neither
Landlord nor Tcaant shall be liable by way of subroption or otherwise to the other party, or to any
insurance company insuring the other party for any loss or damase to any of the property of Landlord or
Tenant, as the casc may be, which loss or cIanIIp is covered by any iDsunmce policies carri.. by the
parties and in force at the time of any such damage, even though such loss or damage might have been
occasionad by the "pace of Landlord or Tenant, and the party hereto ~t.. suoh loss or cIaaIIp so
protected by insurance waives its rights, if any, of recovery against the other party boreto to tho extent and
amount that 81ICb loss is covered by such iDsuraace. Tbis release sid be in effect only so Ions as the
applicable insurance policies shaD contain a clause or endorsement to the effect that the aforemDlltioned
waiver sbaIIllOt affect the right of the insured to recover under such policies; Tenant shall use its best
efforts (includins payment of any additional premium) to bave its iDsUI'aIlCO policies contain the standard
...uver of subroptioa clause. In the event Tcaant's iDsuranco curia' declilles to include in such earria"s
policy the standard waiver of subrogation clause, Tenant sbaD prompdy notify Landlord in writiDg.
7. ,..~.~ wItIa Laws and......... ...~.~-.
6
(a> Ge..r" CoIDn1~ with Laws 8Dd Reaulrelllents. Tenant shaD, at Tenant's
own expense, promptly comply with: (i) each aDd every federal, State of Minnesota. county and muaicipal
statute, orcliaance, code, rule, regulation, order, cIirec1ive or requirement, currently or hcRafter existing,
iacludins, but Dot Iimitdd to, the Amcricaas with Disabilities Act of 1990 and all CJlYironmeotaIlaws.
together with all amending and successor federal, State of Minnesota, county and municipal statutes,
ordinances, codes, rules, regulations, orders, directives or requirements, and the common law, regardless of
I whether such laws are foreseen or unforeseen, ordinary or extraordiDary, applicable to the Tenant or the -{ De....... .
Tenant's use of or operations at the Premises, (hereinafter known as the "Requiremeflts7; - (-ii)- -thtf -c:: = ~ ~ . · Premises.
requirements of any iDsurance carrier insuring thefJlremises;-B1e-failure-to-mentiOltany-specifie--statute,--'", 'i Deleted:.
ordinance~ rule, code, regulation, .order, cIirec1ive or ~iremtBt-shaD-notbc-~-to-meant!-t-~-enant---'",~"i Deleted: orallof~
was . not Intended to comply with such statute, ordinance, rule, code, regulation, order, directive or "Deleted: ;nprdless ofwhltha'
requirement. ~ (X)nsuIts &am any oaaditioD.
_eDlorw~~OD(1I'a8sr
tilt, ... ofb Lease tam; m
(b \ EDYirulmlentBI Law. iatafems with Teaaars use oreDjoJmeDl
I -- of... PnmIiaII; or (Z) requiresstruatmal
orllOlHllrDClmal repairs or npJacanads
(i) Tnms8di.oD Trim!end EDYiruIlDleDtal Law. Tenant shaD, at Tenant's own
expense, comply with any transaction triggered environmental law, the regulations promulgated thereunder,
and any amending and successor legislation and regulations now or hereafter existing in the state (the
"Cleanup Law"). Tenant sball, at Tenant's own expense, make aD submissions to, provide aU information
to and comply with aU requirements ot: the applicable state environmental protection or conservation
agency enforcing the Cleanup Law. Tenant's obligations under this subparagraph shaD arise if any action
or omission by Landlord or Tenant triggers the applicability of the Cleanup Law.
(ii) lDfornudiftn to L8DdIonL At no expense to ~ Tenant shall promptly
provide aU infOl1llltion and sign aU documents requested by Landlord with respect to compliance with
Requirements; however, this shaD not in any way be deemed to impose upon Landlord any obligation to
comply with any Requirements.
(iii) Landlord Audit. Tenant shan permit Landlord and its representatives access to
the Pranises, from time to time, to conduct an environmental assessment, investigation and sampling of the
Premises, at Tenant's expense.
(iv) No lDstaIIatIoD of T8Dks. Tenant shall not instaU any underground or above
ground storage taDks ("Tanks") at the Premises without the prior written consent of Landlord, and upon
demand of Landlord, sbaU, prior to the expiration or sooner termination of the Lease term, remove, at
Tenant's own expense, aU Tanks instaUed at the Premises during the Lease term, and in so doing, Tenant
sbaD comply with aU closure requirements and other requirements of Requirements.
7
(v) TeD8ld R.eIIledlatloa Should any assessment, investiption or samplins reval the
existence of any Contaminants in, on, under, or about, or migrating from or onto the Premises as a result of
I a Discharge caused or brought .about by Tenant during the Lease ~ then, in addition to such event
eonsti_ a Defiwlt under tbis Lease, and Landlord having aU rights a~ble to Landl~d under this ~ _ _ _ - DeIeIed:.
ami by IaVby-l'CIISOft-of -such-Event-ofDefiault,-l' enant-shall;-at l' enant-s-own-expeIIlIC; m-aecordaace- With -:: _ _ _ { 1118
aD Requirements, undertake aU action required by Landlord and any "Govemmcnta1 Authority" (as defined ~ { DeIeIMI: DBveatof
below), including, but not limited to, promptly obtaiDing and delivering to Landlord an U11C011ditional
written determination by the applicable environmental protection or conservation agency that there are no
DiscIBrgecl ContAm1nantK present at the Premises or at any other site to which a Discharge originating at
the Premises migrated, or that any Discharged Contaminants present at the Premises or that have migrated
from the Premises, have been remediated in accordance with aU applicable requirements ("No Further
Action Letter''). In no event shaD any of Tenant's remedial action involve engineering or institutional
controls, a groundwater classification exception area or weD restriction area. Promptly upon completion of
aD required investigatory and remedial actMties, Tenant shaD, at Tenant's own expense, aod to Landlord's
satisfaction, restore the affected areas of the Premises from any damage or condition caused by the
investigatory or remedial work.
(Yi) ftI:Dd!!. Teaant sbaD not commence or alter any operatioDS at tho Premises prior
to: (A) obtaioing all permits, registrations, licenses, certificates and approvals from aU Oovemmenta1
Authorities required pursuant to any RequiremImts; and (8) delivering a copy of each permit, rcaistratiOD,
license, certificate and approval to Landlord, together with a copy of the application upon which such
~ J'eIistration, IiceDse, ccrtificato and apprcMl is based.
(vii) EDYirulllllental DoemneJds. The term _ Documents" sbaU mean aU
arvirODlllClltal documeIdation CXJIlCCIIIiDa the Premi~ or its aMroDs, in the possession or under the
control of Tenant, including but not limited to, plaDs, reports, correspondence and submissions. During the
term of this Lease, and subsequently, promptly upon receipt by TCDaDt or a Tenant Representati", Tcmaat
shaD deliver to Landlord aU BnYiJ:onmental Doc.-tqentg COJlCeJ11ins or generated by or on behalf of Tenant
with respect to tho Premises, whether durins or after the Lease term, and whether C1II'I'CDtIy or hereafter
existing. In additi~ Tenant shaD promptly notify Landlord of any environmental condition of which
Tenant bas lmowIedp, which may exist ~ on, under or about, or may be mipatina tom or onto the
Premises.
(viii) Attendance at MeetInR~ Tenant shaD notify Landlord in advance of aU meetings
I =-= =~= ~ ~e:::~ =p=~~_~~:_-------{ ........:.-
employees, including, but not limited to, legal counsel and en~ consultants and engineers, sball
have the right, without the obligation, to attend and participate in aU such meetinp.
(ix) Intemretation and DefiDitiollS.
(A) Intemretatloa The obligations imposed upon Tenant under this
subparagraph (b) are in addition to and are not intended to limit, but to expand upon, the obligations
imposed upon Tenant under subparagraph (a).
.
(B) COnttnn.......... The term "Contaminants" shaD include, without
IiaJitation, any replated substance, toxic substance, hazardous substaaoe, hazardous ~ poUuticm,
poDutant or contaminAnt, as defined or referred to in the Resource Conservation and Recovery Act, as
.~l' 42 U.S.C. f6901 el seq.; tile CompJehensive BDYiroDmeataI Response, Compensation and
Liability Act, as amended, 42 U.S.C. 19601 et seq.; the Water PoDution and Control Act, 33 U.S.C. 11251
el seq.; analogous state laws; toptbor with lIlY 8IIIDIldmeDts thereto, rcpIations promuIp" thereunder
and aU substitutious thereo( u weD as words of similar purport or meaning referred to in any other federal,
State of Mimlesota, eoUDty or municipal envirOllllClltal statute. orcIinanco, code, rule, ~ order,
directive or requiremeDt, including, without limitation, radon, asbestos, polychlorinated biphenyls, urea
formaldehyde and petroleum products and pctroIoum based da'ivativcs. Where a statuto, ordiDanao, oocl-.
rule, regulation, order, directive or requirement defines any of these terms more broadly than another, the
broader defiDitioa shaD apply.
(C) Discha..... The term "Discharge" sbaD mean the releasing, spilliDs,
IeakiDg, 1eachiD& clisposiaa, pumpias, pouriIJ& emittina, emptyins or dumpiDs of ~ftA,* at, into,
onto or miara_ &om or onto the Premises, reprdless of whether the result of an intenticmal or
uaintentiODal action or omission.
(0) Gov........... Anthoritv/Govermnental Authorities. The term
_ Authority" or "OowrDmmtaI Au1borities" shaD IIDIIl the fed<<al, State of Minnesota,
county or municipal goverJJJDeDt, or any clepartmDnt, asoncy, bureau or other similar type body obtaiDiDg
authority thcro&om, or cr.taI pursuant to any Requirements.
(c) SunivaL This parapaph 7 sball survive tho expiration or earlier termination of this
Lease. Without IimitiDa any othot remedy avails" to LaDdlord UDder this Lease or by Rcquircments.
Tenant's failure to abide by the terms oftbis paragraph 7 sball be restrainable or enforceable, as the case
may ~ by iqjUllltion.
8. AIteratioDS.. AddltlnDS ... lIIlamvements. No alterations, additions or improvements sball
be made by Tenant to the bui1dina and improvements on the Premises, in excess of S15,000 Dollars cIuriDa
any year of this Lease without the written consent of Landlord, which ccmsent wiD not be uoreascmably
witbheIcL
9. JIn and Other Casualtv AfreetIag the PnDdses.
(a) Nedce.' c.o.Itv bv T....... If tile improVOllllllts situated upon the Promises sball be
damaged or destroyed by any peril, including, but not limited to, tire, wind storm or other casualty (each
such occurreDCe, a "Casualtyh at any time. whether covond by iDsuranee to be pro~ded by Tenant uncIer
this Lease, or not, Tenant sball live prompt DOtice tbDreof to LaDdlorcl and this Lease shall continue in fUll
foree and effect.
(b) Restoration bv Tell8Dt. If at any time any Casualty occurs, Tenant shall proceed in
good faith and with due diIipnce to rcstDro, replace, rebuild and repair the improvements ........ or
destroyed by such Casualty to substantially the same condition such improvements were in immediately
prior to such'" or destructioD, and Teaant'. obliptions to pay tbD rent, additional rent aad other
sums required of Tenant under tho Lease sbaIl not be abated or reduced, nor sball Tenant be entidecl to
surrenclcr possession of the Premises by fCIISOD thereof: NotwitbsiaDIIiD anytbina to tho CODtrary set forth
in this Lease, the net insurance proceeds, if any, collected by LaDdlorcl &om any insurance policy sbaU be
available to be used by Tenant for the restoration of tile Premises.
9
I 10. AssItnllllent and SnbIettimL Landlord's Couse. Reauired. Tenant sball not voluntarily or ",,{ Deleted: .
by operation &flaw usip; -subIet;-~ or-otherwise-1raDsfer-or 1lIIC1IDIber1lll or-any part- of-T-elJllllfs- ~:: - - - -1 Deleted: ·
interest in 1his Lease or in the Premises without Landlotd's prior written ccmsent. , ..
. . ee> .
11. Landlnnl'. Iliold to IDsDect and ReDBir. Landlord or Landlord's agents, employees or
representatives, sball have the right to enter into and upon aU or any part of the Premises during the Lease
tam at all reasmable hours, for the purpose of (a) examination; (b) determination whether Tenant is in
compliance with its obligations under this Lease; or (c) making repain, alterations, additions or
improvements to the Premises, as may be necessary by reason of Tenant's fiillure to make same after notice
to Tenant to do so, except in an ~8CI1C)'. This paragraph shaD not be deemed nor construed to create an
obligation on the part of Landlord to make any inspection of the Premises or to make any repairs,
I alterations, addi1ions or improvements to the Premises for its safety or preservation
12. ~D aDd Waiver ofl~i."". Neither Landlord nor Landlord's IndemDities sian
be liable for and Tenant sbaD indemnifY and save barmless Landlord and Landlord's Indemuities trom and
against any and all liabilities, damages, claims, suits, costs (mcluding costs of suit, attorneys' fees and
costs of investigation) and actions of any kind, foreseen or unforeseen, arising or aneged to arise by reason
of injury to or death of any person or damage to or loss of property, occurring on, ~ or about the
Premises, or by reason of any other claim whatsoever of any person or party, occasioned, direcdy or
indirectly, wholly or partly: (a) by any act or omission on the part of Tenant or any Tenant Representative;
(b) by any breach, violation or non-performance of any covenant of Tenant under tbis Lease; or (c) by a
I Disclarge of CoJdaminants as dermed herein duriog the Lease ~ If any action or proceeding shaD be
brought by or against Landlord or any Landlord Indenmity in coonection with any such liability, claim,
suit, cost, iqjury, death or damage, Tenant, on notice nom Landlord or any LancDord Indenmity, sban
defend such action or proceeding, at Tenant's expense, by or through attorneys reasonably satisfactory to
Landlord or the Landlord Indemnity. The provisions of this paragraph shaD apply to all activities of Tenant
or any Tenant Representative with respect to the Premises, whether occurring before or after execution of
this Lease. Tenant's obliptions under tbis paragraph shaD not be limited to the coverage of insurance
tnAintAined or required to be 11I8iptAined by Tenant under this Lease. Neither Landlord nor any Landlord
IndemDity sbaD be liable in any manner to Tenant or any Tenant Representative for any qury to or death
of persODS or for any loss of or damage to property, regardless of whether such loss or damage is
occasioned by casualty, theft or any other cause of whatsoever nature. In no event shall Landlord or any
Landlord IndemDity be liable in any manner to Tenant or any Tenant Representative as the result of the acts
or omissions of Tenant or a Tenant Representative and aD liability therefore shaD rest with Tenant. All
I perscmaI property upon the Premises shaU be at the risk of Tenant only. Nothinf! within this AfD"eement
shaD be construed to bind the Tenant from fuUv utilizim Tenant's rif!hts under anv insurance or liabilitv
coverage available to Tenant.
13. eo...eJDD8tiolL
(a) PennaneDt CondeDoudiolL
(i) Le_ TennintJtlolL If aD or any portion of the Premises is taken under the power
of eminent domain, or sold under the threat of the exercise of the power (both caned "Condemnation"), this
Lease shaU terminate as to the part taken as of the first date the condemniDg authority takes either title or
possession. If more then twenty-five (25%) percent of the leasable area of the Premises is taken or the
balance of the Premises is unfit for Tenant's USCt Tenant bas the option to terminate this Lease as of the
date the condenming authority takes possession. The option shall be exercised in writing as foUaws:
(A) Notice of TI1Idntr. Within thirty (30) days after Landlord or the
eondemning authority bas given Tenant written notice of the taking; or
10
(8) Possession. Absent notice, within ton (10) days after tbD condemDina
authority bas taken possession.
IIn either case.. if Tenant does not termiDate~ this Lease shall remain in tbIl force and etrect as to the portion
of the Premises remaini.. The rent and additioDaI rent sball be reduced in the same proportion as the area
I oldie Premises taken by condenmationL uu _ _ u _ wu _ _ _ _ u _ _ m _ _ um umm uu uu _ __ -___ _ _m_ m - uuu - mum - ----- - -1 :=~ beam totbe___1Ilased
(ii) Award. Any award for Condemnation is Landlord's, whether the award is made
as compensation for diminution in value of the leasehold or for the taking of the fee, or as severance
damages. If this Lease is not termiDated, Landlord shall diligently repair any damage to the Premises
caused by such Condenmation, subject to delays due to Force Majeure.
(b) TeJQDOrarY Condeln...tloa Upon Coudemnation of all or any portion of the Premises for
temporary use, this Lease sian continue without change or abatement in Tenant's obligations, as between
Landlord and Tenant. Tenant is entitled to the award made for the use.
(c) Landlord's Right of Condenuudioa The Landlord shaD not exercise its Right of
Condemoation against the Premises without the coosent of the cities of Centerville and Lexington.
14. Landlord's pWd to Re-Bnter. If Tenant sball default in any of the terms, conditions or
covenants of this Lease, then it sball be lawful for Landlord to re-enter the Premises and to again possess
and enjoy the Premises.
1 S. Default bv Tell8Dt and Landlord's Remedies.
<a) Event of Detimlt. If any one or more of the foUowing events shaD occur and be
continuing beyond the period set forth in any default notice provided to be given, an Event or Events of
Default sbaU have occurred under this Lease:
(i) No........... If Tenant sball fail to pay any sums clue &om Tenant to Landlord
under tbis Lease; or
(ii) No..Pe......1II!lIL If Tenant shall fail to comply with any of tho o1her terms,
covenants, CODditiODS or obliptions of this Lease and such failure in compliance shaD continue for thirty
(30) days after delivery of aotieo &018 Landlord to Tenant specifyias the failure, or~ if such failure 0IUIJl0t
with due dilipnce be remedied within thirty (30) days, Tenant sball not, in good faith have colD1lleJlCed
within saicI thirty (30) day period to remedy such failure and continued ditiseadY and contiDuousIy
thereafter to prosecute the SBIDD to completion; or
(iii) V8r8tl&n or ~t. IfToaant sid vacate or abandon the Premises.
(b) Illold to TermlnaM u.e .... R..Blder. In the event of a default that bas not been
cured within tho time prescribed by this Lease, LaacIIorcI may, in addition to any ou.r remedy a_able to
Landlord under this Lease or available 'under Requirements, at Landlord's option, on 60 days' notice to
Teuant, declare this Lease terminated at the expiration of such 60 day Fiod and Toaant shall quit and
surrender possession of the Premises, but Tenant sbaI1 remain liable to Landlord as hereinafter provided,
and upon Tenant's failure to surrender of possessi~ Landlord may ro-enter tho Premises by SUIIIII8I)'
proceeding or otherwise tree &om any estate or interest of Tenant therein.
11
(c) LadIonl's"oId to Restore ... Re-Let. and TeDllld's LIabIlItY for Eme....1n the
event that Landlord shall obtain possession by ro-cntry, lepI or equitable aotioDs or proeori. or other
lawful mama as a result of an Event of De&ult by Tenant, Landlord shaD have the ript, without the
obIiption, to mako renomiODS, alterations and repairs to 1be Premises required to restore them to its
condition at the time of occupancy, and to re-Iet the Premises or any part thereof for a term or terms that
may be less or more than the tuII term of the Lease bad Landlord not ro-entcred and ...possessed or
termiDated tho Lease, and Landlord may grant reasonable concessions in the re-rentins to a DDW tenant,
without atYectiDa tho liability of TOIIIIIt under dID Lease. Any of the forepiaa action takOD or not taken by
Landlord shaD be without waiving any rights that Landlord IDlY otherwise have under Requirements or
pursuant to tho torms of this Lease. Teaant shall pay Landlord alllcpl and otla- expcDSCS incurred by
Landlord in termi..ang this Lease by reason of an Event of Default, in obtaiDiDg possession of the
Premises, ia makiDg all alteratioDs and repair to restore tbD Premise to its coaditioD at the time of
occupancy and repairs and in paying the usual and ordinary COJDJDissiODS for re-lettiDg the same, tosother
wi1l1 interest thereof at the Primo Rate, which interest shall acorue tiom the elate OrLandlonl~8 demaacI.
(d) Surrival CovenAnt - LiabIlItY of TeD8Dt after Re-EDtrv 8Dd Possession or
T.~~"'D.
(i) Surrival olOhllmdfft-. If any Event of Default OCClD'S (whether or not this
Lease shall be termiDated as a result of an EVCDt of Default), Tenant shall remaiIlliable to LandlorcI for aU
rent and additicmal rent herein reserved (UJ)IudiD& but not limited to, the expenses to be paid by Teoant
pursuant to tho proYisiOllS of this Lease); less tho net amount of rent, if any, that sball be collected and
received by Landlord tiom the Premises, for and duriDs the remainder of the term of this Lease. In addition,
LancIlorcIIIBY. tiom time to time. without ternma_ this Lease, as apnt for Tenant, ..let tile Premises or
any part thereof for such term or terms, at such rental or rentals, and upon such other terms and conditions
as Landlord may cIecm adWsabI~ in accordanco with tho pro_ODS of subparapapb (0) above. Tho failure
ofLaadlord to ..let the Premises or any part thereof sbaD not release Tenant or afrect T eDBDt's liability for
damqes. Landlord shall have tho ri_ without the obliptioD, foUowins re-entry and possession or
termination, to apply any rentals received by Landlord in the fonowins order: (i) to the payment of
indebtedness or costs other than rent or damaaes; (Ii) to the pa,.m of any cost of..JettiDs; (Ui) to the
payment of any cost of a1teriDg or repairing the Premises; (iv) to the payment of rent and additional rent, or
ctamaacs, as the caso may bc~ .. and unpaid hereunder; aDd (v) the residue, if any, shall be hDld by
landlord and applied for the payment of future rent and additional rent, or damages, as the case may be, as
thD ...., nay become due and payable hereuDder. LencIIonI may sue periodically for and collect tho
amount that may be due pursuant to the provisions of this paragraph, and Tenant expressly agrees that any
such suit shall not bar or in any way prciudice tho riFts of Landlord to enforce the coUectiCll or the
amount due at the end of any subsequent period by a like or similar proceediDa. Tho words "re- entry" and
"re-enter," as used herein, sball not be couatrued u 1imitod to their strict lepllIlCIIIIins.
.. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - --- '
16. Services ... Utilities. Tenant sbaD, at T~s own expense, obtain aU utility services
supplying the Premises, including but not limited to electricity, water, sewer, standby water for sprinIder,
gas, telephone and aU other utilities and other communication services, in its own name, effective as of the
commencement of the Lease, and shaD pay the cost directly to the applicable utility, including any fine,
penalty, interest or cost that may be added thereto for non-payment thereof:
17. Notices. All notices, CODSCDts, demands, communications or approvals required or permitted
by this Lease shaD be in writing aDd sbaD be delivered personally or delivered by certified or registered
~ return receipt requested, addressed as foRows:
12
, , , DeIeI8d: _ (e) _ ...... to .............. In
, , ... eva of a 1nad1 or t:baeatiD8l breach
by TGIDIl of 8IlJ ofb cor..- or
purisiaDs J.nat LaadIard s1mIIlBve the
rigI4 of iajuDctiaD 811II d8riak to invoke
any remedy a110wed at law or iD equi1y as
if recatIy. SUIIIDI8I)' proaeecIiIIp 811II oIbIr
nmedies ,qeDDlhniDpvricted b.
~iD this Lease of any pa1icuIar
nmedy s1d DJt peclude LaadIard &om
any dIB nmedy. iD law or iD equi1y.
If to Landlord:
City of Circle Pinos
200 Civic Heipts Circle
Circle Pines, Minnesota 55014
If to TeJIIDt:
Board of Police Comaissioners for the Cities of
CenterviIIe, Circle Pinos and LoxiDgton
54 North Road
Circle Pines, Minnesota 55014
LaacIlord and Tenant may~ by notice Biven in the S8IIlD IIIBIIIIft" lOt forth abow, c1csi.... a dimnnt address
to which subsequent notices sbaI1 be sent. Notice sbaI1 be deemed given when delivered, if delivered
pcrscmaIIy or by reputable ovemisbt delivery scniee tlat provides proof of cloIivery, or when mailed if SCDt
by certified or resistered mail, return receipt requested.
18. ,......'. IUaht te 0aIet .nlaYJnent. Upon paying the rents and other sums required of
Tenant under the Lease and faitbfuUy and fully perCormins the terms, conditioDS and covenants of the
Lease on Tenant's part to be performed, Temmt sbaU peaceably and quietly have, hold and enjoy the
Premises for the Lease term.
19. T...fer of Title to TeD8llt. At the end of the Lease period herein, Landlord sbaI1 tnmsfer
title to the Premises by Quit Claim Deed to Tenant. At the end of the Lease period herein, Landlord shaD
I transfer title to the Premise by W arranw ~_~ _~ _~~~_ _~f~l~,_ _~~!~_ _~_~_ ~ _. _ - - -. - { De......: Quit Claim
ownersbip in the following percentages:
~e 35%
CiJcle Pines 35%
Lexington 30010
On February 1, 2013 and on February 1 of any year thereafter, Tenant sball transfer the Premises
to the above cities if the General Obligation Bonds of the Landlord are paid in fun. In that event
the Premise shall be transferred in the same percentages specified above.
20. ......0.__
<a> V.lldltv of Lease. The provisions of this Lease are severable. If any provision of
the Lease is adjudpcl to be invalid or uneaforceablo by a court of competcat jurisdictioa, it shaU not affect
the validity of any other provision of this Lease.
(b) BIdin ~ This Lease contains tho entire ........ between tho parties.
No representative, agent or employee of Landlord bas been authorized to make any representations,
warranties or promises with respect to the Iottin& or to vary, alter or modify the pro~sions of this Lease.
No additions, ohaogC$, modifications, renewals or extensiODS of this Lease, sbaU be bindins unless reduced
to writias and Biped by both parties.
13
(c) EtredIve Law. This Lease shaD be IOvemed by, CODStrued and enforced in
accorcIance with tho laws of tho State of MiDnesota without sMaI effect to its prinoipl. of oontliots of
law. Landlord and Tenant waive their risht to trial by jury in any action, proceecIing or counterclaim
brought by either of tho parties apiDst tho other, or with respect to any issue or cIofcnso raisccl t1tereia, on
any matters whatsoever arisins out of or in any way coanected with this Lease, the relationship ofLancDord
and TIIJaDt, Tenant's use aad ocoupancy of., Premises, iaoludiDg 8111111D81)' pr~ 8Dd possession
actiODS, and any emergency statutory or other statutory remedy.
(d) ~ Tho captions of tho paraarapbs in this Lease and the Table of Contents
are for reference purposes only and shaD not in any way affect the meaning or interpretation oftbis Lease.
(0) ~ This Lease may be executecl in ODe or more _ each of
which shall be an oriaiDal, and aU ofwbicb constitutes one and the same Lease.
(f) ...........'. Pe........... .r T.....'s ~1IaatIn_ The perfOl'llllllCO by
Landlord of any obliption required of Tenant under this Lease shaD not be construed to modify this ~
nor shaD it create any obliption Oft the part of Landlord with respect to any perfOJ1lllUlCO required of
Tenant under tbis Lease, whether Landlord's performance was undertaken with the knowledge that
Tenant was obUpted to perform, or whether Landlord's performanco was undertaken as a result of mistake
or iDadvertence.
(g) .-.dles and IllaIatJa Not Bselusive. No right or remedy couferred upon
Landlord or Tenant sbaII be CODSidered exclusive of say other riaht or remedy, but sbaII be in addition to
every other risht or remedy available to Land10rd of Teuant under this Lease or by law. Any risht or
remedy ofLandlorcl or TCIIllDt, IIBY be exercised &om time to w., aad as often as the occasion may arise.
The granting of any ript, remedy, option or election to Landlord or Tenant under this Lease shaD not
impose any obUption on Laadtord or Tenant to excrciso tho riald, remedy, option or c1ection.
(h) 8'.......... .... DeliverY bv . ~.nd1nrd., This Lease is of no force and etfect unless
it is Bi.... by Landlord and TeDaDt, and a Bi.... copy of this Lease doIiverecl by Laadtord to Tcaant. The
maiJins, delivery or nesotiation of this Lease by Landlord or Tenant or any agent or attorney of Landlord
or Tenant prior to the execution and doliWI)' of this Lease as set forth in this subparaaraph shall DOt be
deemed an offer by Landlord or Tenant to enter into this Lease~ whether on the terms contained in this
Lease or 011 any other terms.
(i) bBaectloD. Le,.1Jth of Tbne of TelUlllt's Default NotbiDs in this Lease requires
LandIonl at any time, to iaspeot tho Premises to determine whether Tenant is in default of Teuanfs
obliptions under this Lease.
G) Drafthur AlnblonltlM! IDtemntatio... In interpreting any provision of this Lease,
no weiaht shall be Biven to DOl' sball any construction or interpretation be iatl..... by tho faot that
COUDSOl for one of the parties drafted this Lease, each party recognizing that it and it's COUDSeI have had an
OJ-POltwbty to review this Lease aad have con1ributed to ... final form of this Lease. Uuless otherwise
specified, the words "include" and "including" and words of similar import shall be deemed to be fonowed
by the words "but not limited to" and tile word "or" sball be "and/or."
(k) References. In all references to any persons, entities or corporations, the use of
any particulu ..... or the plural or siDpIar IlUIDber is intendod to include the appropriate .... or
number as tho text of this Lease may require.
14
(I) IIindhur E8'ect. Tbis Lease is binding upon and shaD inure to the benefit of the
parti~ their I'" rcpl"-'dtatives, successors ancI......tW assips.
(m) TilDe .,the Essence. Time is oCthe essence oftbis Lease.
IN WITNESS WHERBOF, the parties ba'eto lawexecutecl this 8Ifeemcnt as of tho day and year tint
above written.
LANDLORD: CITY OF CIRCLE PINES
By:
David BarthoIOIIIIY, Mayor
ATTEST:
By:
James W. Keinath, City Aclminis1rator
TENANT:
BOARD OF POUCH
COMMISSIONERS OF THE CITIES
OF CBNTBRVILLE, CIRCLE PINES
AND LEXINGTON
By:
ATTEST:
By:
IS
FEBRUARY 2006
CITY OF CENTERVILLE.
CITY COUNCIL REPORT
1. Financial Statement & "Budget Report
2. Bank Reconciliation & Investment Allocation
Prepared By: John W. Meyer
Finance Director
I~~~~il
General Fund
Monthly Financial Report
Month Ended February 28, 2006
j:~~~rlil
MTD YTD Budget Variance % of Budget
2/28/06 2006 2006 +(-) Used
Revenues:
Property Taxes 0.00 14,716.35 1,725,000.00 1,710,283.65 0.85%
Other Taxes & Assessments 2,973.30 3,441.58 84,500.00 81,0.58.42 0.00%
Licenses & Permits 6,320.75 29,052.06 195,000.00 165,947.94 14.90%
Building Inspection 287.00 5,315.76 168,000.00 162,684.24 3.16%
Fines & Forfeits 3,136.36 5,883.99 30,000.00 24,116.01 19.61 %
Intergovernmental 0.00 0.00 . 110,000.00 110,000.00 0.00%
Fire Relief Aid 0.00 0.00 95,000.00 95,000.00 0.00%
Charges for Services 0.00 0.00 2,000.00 2,000.00 0.00%
Interest Earnings 2,624.14 3,771.01 40,000.00 36,228.9~ 0.00%
Miscellaneous Revenues 0.00 818.35 10,000.00 9,181.65 8.18%
Refunds & Reimbursements 54.50 3,304.20 4,000.00 695.80 82.61 %
Fund Balance 0.00 0.00 0.00 0.00 0.00%
Total Revenues 15,109.05 60,987.54 2,200,500.00 2,139,512.46 2.77%
Expenditures:
Current
General Government
Mayor and Council 1,695.49 3,791.72 23,000.00 19,208.28 16.49%
Elections 0.00 0.00 5,000.00 5,000.00 0.00%
Planning & Zoning 322.45 866.45 10,000.00 9,133.55 8.66%
Administration 32,758.07 64,222.27 324,600.00 260,377.73 19.79%
Financial Administration 0.00 0.00 18,000.00 18,000.00 0.00%
Assessing 1,471.20 1,471.20 20,OO().00 18,528.80 7.36%
Legal 4,318.50 9,503.55 80,000.00 70,496.45 11.88%
City Hall 1,755.88 2,878.94 38,000.00 35,121.06 7.58%
Total General Government 42,321.59 82,734.13 518,600.00 435,865.87 15.95%
Public Safety
Police Protection 48,114.67 96,229.34 577,376.00 481,146.66 16.67%
Fire Protection 0.00 22,746.50 186,000.00 163,253.50 12.23%
Building Inspection 11,821.25 23,449.06 155,000.00 131,550.94 15.13%
Electrical Inspection 0.00 0.00 9,000.00 9,000.00 0.00%
Civil Defense 862.00 862.00 4,000.00 3,138.00 21.55%
Animal Control 0.00 490.70 1,500.00 1,009.30 32.71%
Total Public Safety 60,797.92 143,777.60 932,876.00 789,098.40 15.41%
Public Works
Pllblic Works 14,213.59 24,886.57 170,000.00 145,113.43 14.640/0
Engineering Services 7;26T.a9 9,206.26 15,000.00 5,793.74 61.38%
Recycling 257.54 514.70 5,000.00 4,485.30 10.29%
Streets 408.91 789.16 80,000.00 79,210.84 0.99%
Street Lighting 2,613.46 5,067.31 27,000.00 21,932.69 18.77%
Total Public Works 24,755.19 40,464.00 297,000.00 256,536.00 13.62%
3/3/2006
11:42 AM
budget GF 2006.xls
""J~or.L_4.
MTD YTD Budget Variance % of Budget
2/28/06 2006 2006 +(-) Used
Culture and.Recreation
Park/Rec. Committee 71.50 271.50 2.500.00 2.228.50 10.86%
Park/Rec. Programs 734.84 1.004.50 10.000.00 8.995.50 10.05%
Park Maintenance 1.776.91 3.341.57 65.000.00 61.658.43 5.14% .
Total Culture and Recreation 2,583.25 4,617.57 77,500.00 72,882.43 5.96%
Community Development 3,877.50 15,315.32 0.00 ( 15,315.32) 0.00%
Economic Development .
Economic Development 30.88 530.88 6.500.00 5,969.12 8.17%
EDC - Frozen Fete Des Lacs 30.88 530.88
EDC - Business Directory 0.00 0.00.
EDC - Business Promotion 0.00 0.00
EDC - Miscellaneous 0.00 0.00
Cougar Cash 0.00 0.00
Total Economic Development 30.88 530.88 6,500.00 5,969.12 8.17%
Unallocated "
Miscellaneous 100.00 100.00 0.00 (100.00) 0.00%
Refunds & Reimbursements 0.00 0.00 0.00 0.00 0.00%
City Summer Festival 40.00 40.00 20.000.00 19,960.00 0.20%
Total Miscellaneous 140.00 140.00 20,000.00 19,960.00 0.70%
Total Current Expenditures 134,506.33 287,579.50 1,852,476.00 1,580,311.82 15.52%
Capital Outlay
General Government 0.00 0.00 42,124.00 42,124.00 0.00%
Public Safety 0.00 0.00 0.00 0.00 0.00%
Streets and Highways 0.00 0.00 100.000.00 100,000.00 0.00%
Culture and Recreation 0.00 0.00 25.000.00 25.000.00 0.00%
Total Capital Outlay 0.00 0.00 167,124.00 167,124.00 0.00%
TOTAL EXPENDITURES 134,506.33 287,579.50 2,019,600.00 1,747,435.82 14.24%
EXCESS (DEFICIT) OF REVENUES (119,397.28) (226,591.96) 180,900.00 392,076.64 N/A
OVER EXPENDITURES
OTHER FINANCING SOURCES (USES)
Operating Transfer In 65,400.00 65,400.00 0.00 (65,400.00) N/A
Operating Transfer Out 0.00 0.00 (180,900.00) (180.900.00) N/A
Sale of General Fixed Assets 0.00 0.00 0.00 0.00 N/A
TOTAL OTHER FINANCING 65,400.00 65,400.00 (180,900.00) (246,300.00) N/A
SOURCES (USES)
EXCESS (DEFICIENCY) OF (53,997.28) (161,191.96) 0.00 145,776.64
REVENUE AND OTHER FINANCING
SOURCES OVER EXPENDITURES
AND OTHER FINANCING USES
PREPARED BY: JOHN W. MEYER, FINANCE DIRECTOR
3/3/2006
11 :42 AM
budget GF 2006.xls
Water Fund
Monthly Financial Report
Month Ended February 28, 2006
&r~~l:~lij~
MTD YTD Budget Variance % of Budget
2/28/06 2006 2006 +(-) Used
Operating Revenue:
Charges for Services 21.863.55 40.356.44 210.000.00 169.643.56 19.22%
Total Operating Revenue 21,863.55 40,356.44 210,000.00 169,643.56 19.22%
Operating Expenses:
Salaries and ..Benefits 4.~21.14 9.195.49 65.000.00 55.804.51 14.15%
Professional Services 563.78 11.833.93 15.000.00 3.166.07 78.89%
Supplies 553.00 1.789.37 48.000.00 46.210.63 3.73%
Other Services and Charges . 0.00 0.00 5.000.00 5.000.00 0.00%
Utilities 232.60 782.90 3.000.00 2.217.10 26.10%
Depreciation 0.00 0.00 30.500.00 30.500.00 0.00%
Total Operating Expenses 5,870.52 23,601.69 166,500.00 142,898.31 14.18%
OPERATING INCOME 15,993.03 16,754.75 43,500.00 26,745.25 38.52%
Nonoperating Revenue (Expense)
Interest on Investments 567.13 813.80 15.000.00 14.186.20 0.00%
Special Assessments 0.00 6.782.89 26.800.00 20.017.11 25.31%
Hook up Fees and Unit Charges 20.00 2.035.0~ 34.000.00 31.965.00 5.99%
Other Equipment (8.024.53) (8.024.53) 0.00 8.024.53 0.00%
I nterest Expense (45.00) (45.00) 0.00 45.00 0.00%
Refunds & Reimbursements Rev 2.38 3.77 0.00 (3.77) 0.00%
Refunds & Reimbursements Exp (730.00) (765.00) 0.00 765.00 0.00%
Total Nonoperating Revenue (8,210.02) 800.93 75,800.00 74,999.07 1.06%
(Expense)
INCOME BEFORE OPERATING 7,783.01 17,555.68 119,300.00 101,744.32 14.72%
TRANSFERS
OPERATING TRANSFERS OUT 0.00 0.00 0.00 0.00 0.00%
NET INCOME 7,783.01 17,555.68 119,300.00 101,744.32 14.720/0
CREDIT FOR DEPRECIATION ON 0.00. 0.00 0.00 0.00 0.00%
CONTRIBUTED ASSETS
NET INCREASE IN RETAINED 7,783.01 17,555.68 119,300.00 101,744.32 14.72%
EARNINGS
PREPARED BY:
JOHN MEYER
FINANCE DIRECTOR
~~J
3/3/2006
11 :24 AM
budget report water 06.xls
Operating Revenue:
Charges for Services
Total Operating Revenue
Operating Expenses:
Salaries and Benefits
Professional Services
Supplies
MCES Disposal Charges
Utilities
Depreciation
Total Operating Expenses
OPERATING INCOME
Nonoperating Revenue (Expense)
Interest on Investments
Special Assessments
Hook up Fees and Unit Charges '
Other Equipment
Interest Expense
Refunds & Reimbursements Rev
Refunds & Reimbursements Exp
Total Nonoperating Revenue
(Expense)
INCOME BEFORE OPERATING
TRANSFERS
OPERATING TRANSFERS OUT
NET INCOME
CREDIT fOR DEPRECIATION ON
CONTRIBUTED ASSETS
NET INCREASE IN RETAINED
EARNINGS
PREPARED BY:
JOHN MEYER
FINANCE DIRECTOR
3/3/2006
;~~r<<~l
Sewer Fund
Monthly Financial Report
Month Ended February 28, 2006
(~~:~fllll~
MTD YTD Budget Variance % of Budget
2/28/06 2006 2006 +(-) Used
33,637,,18 65.~944.61 230,000.00 164,055.39 28.67%
33,637.18 65,944.61 230,000.00 164,055.39 28.67%
4,956.22 14,167.06 .63,779.00 49,611.94 22.21 %
447.83 570.83 10,000.00 . 9,429.17 5.71%
390.01 1,023.99 13,550.00 12,526.01 7.56Ok
12,011.46 24,022.92 130,000.00 . 105,977.08 18.48%
206.64 398.75 1,500.00 1,101.25 26.58%
0.00 0.00 30,000.00 30,000.00 0.00%
17,712.16 40,183.55 248,829.00 . 208,645.45 16.15%
15,925.02 25,761.06 . (18,829.00) (44,590.06) -136.82%
3,098.50 4,452.69 26,000.00 21,547.31 0.00%
0.00 8,290.19 50,000.00 41,709.81 16.58%
7,000.00 9,165.50 80,500.00 71,334.50 11.39%
(51.68) (51.68) 0.00 51.68 0.00%
(55.00) (55.00) (8,780.25) (8,725.25) 0.63%
0.00 0.00 0.00 0.00 0.00%
0.00 0.00 0.00 0.00 0.00%
9,991.82 21,801.70 147,719.75 . 125,918.05 14.76%
25,916.84 47,562.76 128,890.75 81,327.99 36.90%
0.00 0.00 0.00 0.00 0.00%
25,916.84 47,562.76 128,890.75 81,327.99 36.90%
0.00 0.00 0.00 0.00 0.00%
25,916.84 47,562.76 128,890.75 81,327.99 36.90%
11 :40 AM
budget report sewer 06.xls
2006 MONTHL Y CASH/GENERAL LEDGER BALANCE RECONCilIATIONS
2006 Interest 1/31/2006 2/28/2006
Bank Checking Statement Balance $ 803,247.18 $ 576,893.86
Outstanding Deposits $ $
Outstanding Checks $ (67,771.16) $ (63,380.72)
Monthly Interest $ 4,524.62 $ 2,751.26 $ 1,773.36
Net Checking Account Balance $ 735,476.02 $ 513,513.14
Investments
Mainstreet Bank Flex CD
Beginning $ 823,948.42 $ 823,948.42
Other Tansactions $ $ 170,000.00
Monthly Interest $ $ $
Ending Balance $ 823,948.42 $ 993,948.42
Mainstreet Bank CD's
Beginning $ 3,641,036.10 $ 3,641,036.10
1000532645 CDARS $ 1,094,725.69 $ 1,094,725.69
1000532637 CDARS $ 2,546,310.41 $ 2,546,310.41
Other Transactions
Monthly Interest - CD $ $ $
Monthly Interest - CDARS $ $ $
Ending Balance $ 3,641,036.10 $ 3,641,036.10
Malnstreet Bank - Subtotal $ 5,200,460.54 $ 5,148,497.66
Smith Barney
Smith Barney Money Fund
Beginning $ 167,502.62 $ 170,287.32
Monthly Adjustments $ 13,680.80 $ 2,784.70 $ 10,896.10
Other Transactions $ $ (170,000.00)
Ending Balance $ 170,287.32 $ 11,183.42
Smith Barney Gov't Bonds
Beginning $ 1,nO,493.16 $ 1,770,493.16
FHLB DTD 9/29/03 $ 100,000.00 $ 100,000.00
FHLB DTD 6/30/03 $ 100,411.37 $ 100,411.37
FHLMC DTD 8/14/03 $ 150,000.00 $ 150,000.00
FHLMC DTD 6/30/03 $ 99,750.00 $ 99,750.00
FNMA DTD 217/03 $ 205,000.00 $ 205,000.00
FNMA DTD 3/30/04 $ 100,000.12 $ 100,000.12
FNMA DTD 4/8/04 $ 200,394.17 $ 200,394.17
FHLB DTD 4/19/04 $ 250,000.00 $ 250,000.00
FHLM DTD 11/28/03 $ $
FHLM DTD 3/25/04 $ 150,000.00 $ 150,000.00
FHLM DTD 3/17/04 $ 99,937.50 $ 99,937.50
FHLM DTD 3/24/04 $ 150,000.00 $ 150,000.00
FHLM DTD 2/27/03 $ 165,000.00 $ 165,000.00
Other Transactions
Monthly Adjustments $
Ending Balance $ 1,nO,493.16 $ 1,770,493.16
Smith Barney CD's
Beginning $ 657,100.00 $ 657,100.00
Direct Merchants Bank $ . 100,000.00 $ 100,000.00
Capitol One Bank $ 100,000.00 $ 100,000.00
Hemisphere Natl Bank $ 96,000.00 $ 96,000.00
Lehman Brothers Bank $ 96,000.00 $ 96,000.00
CIB Bank $ 89,100.00 $ 89,100.00
Compass Bank $ $
1 st. Natl Bk of Nevada $ 80,000.00 $ 80,000.00
Cole Taylor Bank $ . 96,000.00 $ 96,000.00
Other Transactions
Monthly Adjustments $
Ending Balance $ 657,100.00 $ 657,100.00
Smith Barney · Subtotal $ 2,597,880.48 $ 2,438,776.58
Total Cash/Investments Per Statement $ 7,798,341.02 $' 7,587,274.24
General Ledger Cash Balance $ 7,798,341.02 $ 7,587,274.24
Total Monthly Interest $ 18,205.42 $ S,535.96 $ 12,669.46
CITY OF CENTERVILLE
Cash Balances jwm
MTD MTD Current
FUND Oeser Account Debit Credit Balance
Last Dim 10100
GENERAL FUND G 101-10100 $99,414.79 $145,285.08 51,535,250.03
FED COMMUNITY DEV BLK GRANT G 202-10100 $3,Sn.50 $29,479.17 -$32,466.88
MOUND TRAIL DEBT SERVICE G 306-10100 $34.23 50.00 $22,087.42
21ST AVE IMP DEBT SERVICE G 308-10100 $60.87 $0.00 $38,923..44
MUNI STREET IMP DEBT SERVICE G 312-10100 $673.47 $0.00 $286.8_~ 9.09
IND PARK TIF 1-4 DEBT SERV G 317-10100 $20.29 $18,856.55 -$5,424.59
G.O. Bond Pheasant I 2001 G'327-10100. $963.92 $0.00 $520,540.36
G..O. Bond Hunters Cross 12000 G 336-10100 $229.55 $80,339.17 $55,222.44
CSAH 14 WATERMAIN G 339-10100 $0.00 $0.00 $4,829.93
PHEASANT MARSH II G.O. 2002 G 342-10100 $1,310.17 $0.00 $781,299.11
PEL TIER PRESERVE DEBT SERVICE G 345-10100 $994.35 $0.00 $660.481.06
Hunters Crossing II G.O.. Bond G 346-10100 $852.31 $6,825.00 $542,645.74
PARK CAPITAL PROJECT G 402-10100 $622.53 $65,400.00 $282,022.18
MUNI STREET CAPITAL PROJECT G 412-10100 $209.26 $0.00 $140,678..50
PEDESTRIAN TRAIL WAYS G 414-10100 $19.02 $0.00 $12,527.33
STORM WATER IMP PROJECTS G 415-10100 $3,578.98 $857.52 $233,848.84
PHEASANT MARSH III G 443-10100 $11.40 $1,307.00 $6,042.48
HUNTERS CROSSING PHASE II G 446-10100 $106.53 $13,815.78 $54,882.44"
CENTERVILLE TOWN OFFICE PARK G 447-10100 $0.00 $0.00 $8,437.00
HUNTER'S CROSSING 3RD ADDN G 448-10100 $0.00 $0.00 $77.90
WATER FUND G 601-10100 $22,497.41 $14,670.05 $378,274.47
SEWER FUND G 602-10100 $43,735.68 $19,353.34 52,044,132.20
CABLE TV FUND G 614-10100 $6,102.96 $193.34 $16,143.75
Last Dim 10100 $185,315.22 $396,382.00 $7,587,274.24
$185,315.22 $396,382.00 $7,587,274.24
03/0210610:22 AM
Page 1