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HomeMy WebLinkAbout2015-08-12 CC Set Agenda w-Handouts rAterviffe CITY OF CENTERVILLE COUNCIL MEETING & 'K,ta1*Aed1,'6,- CLOSED EXECUTIVE SESSION AGENDA Wednesday, August 12, 2015 — Set Agenda =Red 6:30 p.m, or shortly thereafter OPEN FORUM 6:30 P.M.: An opportunity for members of the public to address the City Council on items not on the current agenda. Items requiring Council action may be deferred to Staff or Boards and Commissions for research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you conduct yourself in a professional, courteous manner and refrain from the use of profanity. Failure to abide by this policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a sign-up sheet and give it to the Mayor or a Staff person prior to 6:15 p.m. COUNCIL MEETING I. CALL TO ORDER 1. Roll Call II. PLEDGE OF ALLEGIANCE III. APPOINTMENTS/PRESENTATION None. IV. PUBLIC INPUT V. APPROVAL OF AGENDA VI. APPROVAL OF MINUTES 1. July 22, 2015 City Council Meeting Minutes (Pages 1-9) 2. July 22, 2015 City Council Closed Executive Session Meeting Minutes (Page 10) VII. CONSENT AGENDA 1. City of Centerville July 23, 2015 through August 12, 2015 Claims (Check#29608- 29646 and voided Check#29607) (Pages 11 & 12) (and Checks #29648 -29660 (Pages 12A & 12B) 2. Centennial Lakes Police Department Claims through July 23, 2015 (Check #10463-10484) (Page 13) 3. Approval of Performance Review, Account Clerk II, Ms. Kris Sweeney Completion of Year 15) with a Grade Increase from Grade 5 Step 9 to Grade 6 Step 8 and Job Title change from Account Clerk II to Senior Account Clerk 4. Approve revision to City Personnel Policy for carryover of PTO (Union Contract/Personnel Policy PTO Carry-Over) (Page 14-15) VIII. OLD BUSINESS 1. Cancellation of Purchase Agreement for 1691 Main Street and 1695 Main Street and issue check in the amount of$1750.00 to buyer (Mr. Robert Scott). (Page 15a) IX. NEW BUSINESS 1. Discussion on North Metro TV Proposed 2016 Budget (Pages16-28) 2. Discussion on Proposed 2016 Budget (Page 29-47) 4. Metropolitan Council Environmental Services Water (Surface& Supply) Grant Program Summary (Pages 48) 5. Discussion on Letter of Agreement for Centennial Fire District Acting Fire Chief (Pages 49-52) 6. Lou Suski, Gone Companies request to extend Purchase Agreement terms for City owned property. X. COUNCIL & ADMINISTRATION ANNOUNCEMENTS 1. Administrator Ericson a. Centerville Road (CSAH 21) Culvert Replacement update (Page 53) b. Rush Line Corridor TAC Meeting Update (Page 54) c. Rice Creek Watershed District—notice on a Public Hearing on proceeding to correct the drainage system for JD#3 Anoka-Washington Judicial Ditch. (Page 55-57) 2. Council XI. ADJOURNMENT *REMINDERS** City Council Meeting— August 26, 2015, 6:30 p.m. (Council Chambers) Parks & Recreation Committee Meeting—August 5, 2015, 6:30 p.m. (Admin. Offices) Planning & Zoning Commission Meeting—August 4, 2015, 6:30 p.m. (Council Chambers) City Council Meeting— September 9, 2015, 6:30 p.m. (Council Chambers) Out Run Homelessness, 5, 8K's & Kids Run/Walk—September 19, 2015 (Around Centerville Lake and Out and Back) CHS Diamond in the Rough 5K & l OK Run/Walk— September 26, 2015 (Around Centerville Lake and Out and Back) Centennial Flag Football—LaMotte Park Fields 1, 2 & 11 —August 1 —October 30, 2015 (Tuesdays, Thursdays& Saturdays from 5:00 p.m.—Sunset& 8:00 a.m. —2:00 p.m. Centennial Soccer—LaMotte Park, Fields 1, 2 & 11 —April 1 —July 31, 2015 (5:00 p.m. — Sunset) Centennial Soccer—Acorn Creek Park Field 1 —April 1 —October 30, 2015 (5:00 p.m. —Sunset) Centennial Soccer—LaMotte Park, Fields 1, 2 & 11 —August 1 —October 30, 2015 (Mondays, Wednesdays & Fridays from 5:00 p.m. —Sunset Centennial Little League—LaMotte Park, Fields 3, 4 & 5 —April 1 —August 1, 2015 (4:00 p.m. —Sunset), Monday—Thursdays, 6:00 p.m. —Sunset) CITY OF CENTERVILLE 08/12/15 10:23 AM Page 1 Check Detail -August 12, 2015 - UPDATE Check Date Check# Vender Name Comments Amount 8/13/2015 000773E WELLS FARGO H.S.A.W/H-PAY PERIOD 16 Check Nbr 000773 WELLS FARGO $1.052.07 8/13/2015 000774E IRS/EFTPS FED W/H-PAY PAY PERIOD 16 $2,959.91 8/13/2015 000774E IRS/EFTPS FICA/MED W/H-PAY PERIOD 16 $3,796.74 Check Nbr 000774 IRS/EFTPS $6.756.65 8/13/2015 000775E MINNESOTA DEPT OF REVENUE STATE W/H-PAY PERIOD 16 Check Nbr 000775 MINNESOTA DEPT OF REVENUE $1.089.86 8/13/2015 000776E PERA PERA W/H-PAY PERIOD 16 Check Nbr 000776 PERA $2.625.96 8/12/2015 029647 BURMEISTER,GREG REIMBURSE FOR BOOT&CLOTHING ALLOWANCE Check Nbr 029647 BURMEISTER GREG $185.97 8/12/2015 029648 CENTERPOINT ENERGY 2085 W CEDAR ST-SERV THRU 7-29-15 $65.34 8/12/2015 029648 CENTERPOINT ENERGY 1737 MAIN ST-SERV THRU 7-29-15 $9.50 8/12/2015 029648 CENTERPOINT ENERGY 6970 LAMOTTE DR-SERV THRU 7-29-15 $17.24 8/12/2015 029648 CENTERPOINT ENERGY 1880 MAIN ST-SERV THRU 7-29-15 $66.46 8/12/2015 029648 CENTERPOINT ENERGY 1785 PELTIER LAKE DR-SERV THRU 7-29-15 $22.84 Check Nbr 029648 CENTERPOINT ENERGY $181.38 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA BUILDING SEMINAR-D.SCHMITZ $100.00 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA SCREEN REPLACEMENT ON PAUL'S PHONE $128.22 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA 1ST CLASS PRE-SORT PERMIT#20 $75.00 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA 1ST CLASS PRE-SORT PERMIT#20 $75.00 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA FUEL-GENERATOR $74.29 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA IST CLASS PRE-SORT PERMIT#20 $75.00 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA FLAGS $100.63 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA REPAIRS&MAINT ON VEHICLES $369.18 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA MAINT.SUPPLIES $253.62 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA OFFICE SUPPLIES-P.W. $17.89 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA FUEL $267.14 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA FLAGS $201.27 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA POSTAGE-ENDICA $9.95 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA OFFICE SUPPLIES $41.72 8/12/2015 029649 CITY OF CENTERVILLE-MASTERCA FUEL $826.78 Check Nbr 029649 CITY OF CENTERVILLE-MASTERCA $2.615.69 8/12/2015 029650 CORRPRO ANNUAL SERVICE AGREEMENT WATER SOTRAGE TANK-PLAN Check Nbr 029650 CORRPRO $745.00 8/12/2015 029651 DAVE KICHLER INSPECTIONS,INC. ELECTRICAL INSPECTIONS _Check Nbr 029651 DAVE KICHLER INSPECTIONS INC $1,202.40 8/12/2015 029652 ERICSON,MIKE MILEAGE REIMBURSEMENT FOR JULY 2015 $228.85 8/12/2015 029652 ERICSON,MIKE OFFICE SUPPLIE REIMBURSEMENT $9.63 Check Nbr 029652 ERICSON MIKE $238.48 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. CITY HALL-LAWN MOWING $166.70 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. CLEARWATER BUSINESS-LAWN MOWING $225.50 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. 1737 MAIN STREET-LAWN MOWING $49.62 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. PELTIER LAKE PARK-LAWN MOWING $66.16 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. ACORN CREEK PARK-LAWN MOWING $272.48 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. WESTVIEW LOT-LAWN MOWING $33.04 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. TRAILSIDE PARK-LAWN MOWING $63.72 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. TRAIL EDGES-LAWN MOWING $205.80 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. ROYAL MEADOWS PARK-LAWN MOWING $47.56 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. LAURIE LAMOTTE PARK-LAWN MOWING $1,029.88 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. HIDDEN SPRINGS PARK-LAWN MOWING $87.90 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. EAGLE PARK-LAWN MOWING $44.37 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. DRAINAGE AREA-LAWN MOWING $71.40 8/12/2015 029653 GOER LANDSCAPE&IRRIG. DOWNTOWN SITES-LAWN MOWING $87.00 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. CORNER STONE PARK-LAWN MOWING $56.88 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. COMMERCE DRIVE LOT-LAWN MOWING $619.66 8/12/2015 029653 GOETZ LANDSCAPE&IRRIG. TRACIE MCBRIDE PARK-LAWN MOWING $126.28 Check Nbr 029653 GOETZ LANDSCAPE&IRRIG. $3.253.95 Pace A CITY OF CENTERVILLE 08/12/15 10:23 AM Page 2 Check Detail — August 12, 2015 - UPDATE Check Date Check# Vender Name Comments Amount 8/12/2015 029654 HEALTH PARTNERS SEPT.2015 HEALTH INSURANCE $3,416.54 8/12/2015 029654 HEALTH PARTNERS SEPT 2015-COBRA- D. LARSON $690.96 8/12/2015 029654 HEALTH PARTNERS CREDIT COBRA-SWITCH FROM FAMILY TO SINGLE -$2,164.5 Check Nbr 029654 HEALTH PARTNERS $1.943.00 8/12/2015 029655 INSTRUMENTAL RESEARCH INC JULY 2015 WATER TESTING Check Nbr 029655 INSTRUMENTAL RESEARCH INC $38.00 8/12/2015 029656 NATIONWIDE RETIREMENT SOLUTION DEF COMP-W/H PAY PERIOD 16 Check Nbr 029656 NATIONWIDE RETIREMENT SOLUTION $100.28 8/12/2015 029657 SPECIALIZED ENVIRONMENT TECH. MULCH Check Nbr 029657 SPECIALIZED ENVIRONMENT TECH $2.340.00 8/12/2015 029658 TRU GREEN -CHEM LAWN CITY HALL $107.00 8/12/2015 029658 TRU GREEN-CHEM LAWN VACANT LOT&HOUSE 1691 MAIN STREET $94.00 8/12/2015 029658 TRU GREEN-CHEM LAWN TRAIL SIDE PARK $35.00 8/12/2015 029658 TRU GREEN -CHEM LAWN CORNERSTONE PARK $60.00 8/12/2015 029658 TRU GREEN-CHEM LAWN HIDDEN SPRINGS PARK $125.00 8/12/2015 029658 TRU GREEN-CHEM LAWN TRACIE MCBRIDE PARK $198.00 8/12/2015 029658 TRU GREEN-CHEM LAWN ROYAL MEADOWS PARK $91.00 Check Nbr 029658 TRU GREEN-CHEM LAWN $710.00 8/12/2015 029659 VANTAGEPOINT TRRANSFER AGRENT DEF.COMP-W/H-PAY PERIOD 16-M. ERICSON Check Nbr 029659 VANTAGEPOINT TRRANSFER AGRENT $300.00 8/12/2015 029660 XCEL ENERGY 7098 CENTERVILLE RD-SERV THRU8-5-15 $11.40 8/12/2015 029660 XCEL ENERGY 1601 LAMOTTE DR-SERV THRU 8-5-15 $28.94 8/12/2015 029660 XCEL ENERGY 1880 MAIN ST-SERV THRU 8-5-15 $103.27 8/12/2015 029660 XCEL ENERGY 1737 MAIN ST-SERV THRU 8-5-15 $15.56 8/12/2015 029660 XCEL ENERGY 6970 LAMOTTE DR-SERV THRU 8-5-15 $69.03 Check Nbr 029660 XCEL ENERGY $228.20 TOTAL CHECKS$25,606.89 � a laR Listing Change Form and Contract Amendment This form may function as an amendment to the listing agreement between the parties. Name 7073 Centerville Rd Address 7073 Centerville Rd,Centerville Listing Agent Lou Suski File Location Lou/City of Centerville price Change *New List Price$ XD Expiration Date Change *Old Expiration Date 8/31/2015 *New Expiration Date 8/31/2016 Other UPDATE LISTINGS ON THE FOLLOWING: X❑Gaughan Website X❑MNCAR --I Master �LoopNet �CoStar �MasterListingSheet The undersigned do hereby agree that the listing contract dated 8/14/2013 (original contract date) between the undersigned is changed as shown above. All other terms of such listing contract shall remain unchanged and in full force and effect,except as we may agree in writing to change it in the future. Owner acknowledges receipt of a copy of this transmittal form. Ze r Date 5- Agint Signature Date Administrative Signature Date Listing Change Form and Contract Amendment This form may function as an amendment to the listing agreement between the parties. Name 1737 Main St. Address 1737 Main St.,Centerville Listing Agent Lou Suski File Location Lou/City of Centerville Price Change *New List Price$ X❑Expiration Date Change *Old Expiration Date 8/31/2015 * New Expiration Date 8/31/2016 ❑Other UPDATE LISTINGS ON THE FOLLOWING: x]Gaughan Website XIMNCAR X�MLS FLoopNet X❑CoStar FEMaster Listing Sheet The undersigned do hereby agree that the listing contract dated 8/14/2013 (original contract date) between the undersigned is changed as shown above. All other terms of such listing contract shall remain unchanged and in full force and effect,except as we may agree in writing to change it in the future. Owner acknowledges receipt of a copy of this transmittal form. 0 ner to a Date ent Signature Date Administrative Signature Date Listing Change Form and Contract Amendment This form may function as an amendment to the listing agreement between the parties. Name 1691 and 1695 Main Street Address 1691 and 1695 Main Street Listing Agent Lou Suski File Location Lou/City of Centerville price change *New List Price$ Expiration Date Change *Old Expiration Date 8/31/2015 *New Expiration Date 8/31/2016 0 Other UPDATE LISTINGS ON THE FOLLOWING: lGaughan Website IMNCAR X�MLS x❑LoopNet XnCoStar A Master Listing Sheet The undersigned do hereby agree that the listing contract dated 8/14/2013 (original contract date) between the undersigned is changed as shown above. All other terms of such listing contract shall remain unchanged and in full force and effect,except as we may agree in writing to change it in the future. Owner acknowledges receipt of a copy of this transmittal form. ier Signa a Date 1. 1//1 4, t ignature Da e Administrative Signature Date tib •h an C•m• ,n i e s.c orn Illi _'"• � .•. ' •h trrrt MY,' ri AMe • q. • fM y S AyaM�'M1'dJ+f $A Pal!SAY - ♦- ns RR Uen.t 177 ,iwl:a '�' w= F . 2,1 1 -f � CITY OWNED L+ FOR SALE - OFFICE / RETAIL LIST PRICE 1737 Main St, Centerville, MN 55038M4 d Q me PROPERTY FEATURES $135,000.00 • Great Location in Downtown Centerville AVAILABLE AREA • Suitable for Office or Retail (Not Single Family) 1 ,050 SF MAIN BUILDING • Well Maintained Lot and Buildings .48 Acres (20,909 SF) LAND • Property Offers: PROPERTY ID • 4 Rooms and 2 Restrooms on Main Floor PID 23.31.22.21.0058 • Full Basement and Finished Second Level 2 1/2 Car Garage & Additional Land for Parking 23.31.22.21.0051 • Adjacent to Centerville Elementary School CONTACT • Located 20 Minutes North of the Twin Cities Lou Suski • Excellent Freeway Access to Interstate 35 E 612-238-4402 • Outstanding Redevelopment Site John Chirhart • Zoned M1 - Mixed Use 612-238-4403 ©Copyright 2011 Gaughan Companies,All Rights Reserved Gaughan Companies nor their respective officers,directors,employees and agents make any representation or warranties of any nature as to the accuracy or the completeness of this property fact sheet If you have interest in the subject property,it should be independently verified `-/ GAUGHANG a u g ha n Cc nipa nies.c om 19 (7- 0 �Ni I P N I I A '�olid I ound.16('11 Sincc 19( FOR SALE MIXED USE MULTI-FAMILY SITE LIST PRICE 8 7073 Centerville Road, Centerville, MN 55038 $3957888.8v $3491000.00 ($4.74 PSF) PROPERTY FEATURES AVAILABLE AREA • City Owned Development Site 1 .69 Acres (73,616 SF) • Zoned Multi-Family / Mixed Use • All Utilities & Storm Water Retention in Place • Consists of Eight Parcels CONTACT • Excellent Site for Mixed Use, Senior Housing or Market Rate For more information: • Can Accommodate up to 72 Units Lou Suski • Excellent Location in Downtown Centerville 612-238-4402 • Walk to Parks, Centerville Lake and Church of St. Genevieve John Chirhart • Located 20 Minutes North of the Twin Cities 612-238-4403 • Superior Access to Interstate 35 E (D Copyright 2011 Gaughan Companies,All Rights Reserved Gaughan Companies nor their respective officers,directors,employees and agents make any representation or warranties of any nature 05 to the accuracy or the completeness of this property fact sheet If you have interest in the subject property,it should be independently verified r2O GAUGHAN 5-,()" Milli;)" I CZ717,FAC I I I International EXCLUSIVE COMMERCIAL AU1 SALE LISTING AGREEMENT THIS AGREEMENT("Agreement") is made this 10th day of August,2015,by and between Gaughan Enterprises, Inc.,d/b/a Gaughan Companies, (hereinafter referred to as 'Broker"),and City of Centerville(hereinafter referred to as "Seller"). In consideration of the covenants and conditions contained herein and other good and valuable consideration,the receipt and sufficiency of which is hereby acknowledged,Broker and Seller hereby agree as follows: 1. PREMISES: Seller hereby grants to Broker the exclusive rights to market for sale the property known as 2.3 Acre Shovel Ready Commercial Lot located at 7030 20th Ave(Commerce Drive lots),Centerville,MN 55038, PID 24.31.22.23.0018. 2. PRICE: Broker and Seller mutually agree to list the Property at a purchase price of Four Hundred Fifty Thousand Dollars($450,000.00);final pricing will be subject to market conditions at Sellers consent. 3. TERM: The term of the Listing Agreement shall be for 12 months and terminate on August 31,2016 at which time the Agreement shall automatically terminate. 4. SELLER'S REPRESENTATIONS: Seller has full legal rights to sell the property,and certifies that as of the date of execution of this Agreement, Seller has not received any notice of building,health or fire code violations,nor the notice of hazardous waste on the Property. 5. SELLER'S OBLIGATIONS: It is agreed that Seller shall promptly furnish Broker with complete information concerning any person who during the period of this Agreement makes inquiry to Seller regarding the sale,exchange of the Property with the exclusion of: Seller hereby agrees to: A. Furnish to Buyer an Abstract of Title,or a Registered Property Abstract, certified to date,to include proper searches covering bankruptcies and state and federal judgments and liens, and to execute or cause to be executed a deed of general warranty conveying a marketable title to the Property to the Buyer and any further documents as may be required to consummate the sale to Buyer in accordance with the terms above designated or with the terms to which Seller may hereafter consent. B. Furnish to any Buyer,before signing an agreement to sell,a written disclosure of all known wells on the Property and further to provide Buyer 1 at closing with a Well Disclosure Certificate or certification of no known wells. C. Promptly notify Broker of any notices pertaining to the Property which are hereafter received during the term of this Agreement. NOTICE: THE COMPENSATION RATE FOR THE SALE, LEASE, RENTAL OR MANAGEMENT OF REAL PROPERTY SHALL BE DETERMINED BETWEEN EACH INDIVIDUAL BROKER AND ITS CLIENT. 6. BROKERAGE FEE: Seller agrees to pay Listing Broker a brokerage fee of Seven Percent(7%), of the gross sale price for which the Property is sold or exchanged. Commission shall be reduced to Five Percent(5%)if there is no Co- Broker. Broker shall have earned a commission upon the occurrence of any of the following conditions: A. The sale,contract for sale,exchange, or conveyance of the Property during the period of this Agreement by Broker or any other person, including,but not limited to Seller,or any other agent or broker not a party to this Agreement, in accordance with the price,terms, or exchange as set forth herein or as otherwise consented to by Seller. B. If a Buyer is procured,whether by Broker, Seller, or any one else,who is ready,willing, and able to purchase the Property at the price and terms set forth above and Seller refuses to sell. C. If Seller agrees to sell the Property before this contract expires, the Seller refuses to close the sale. D. Seller removes Property from the market before expiration of this Listing Agreement. E. If Seller grants an option to purchase the Property, Seller shall pay Brokers a sales commission in the percentage provided herein based on the price paid for the option and for any extensions thereof. This commission shall be paid upon receipt by Seller of any such payments. In the event such option is exercised,whether during the terms of this Agreement, or within(12)months thereafter, Seller shall also pay Broker a sales commission on the gross sales price of the Property in accordance with the provisions herein. Notwithstanding the foregoing,to the extent that all or part of the price paid for the option or any extension thereof is applied to the sales price of the Property,then any commission previously paid by Seller to Broker on account of such option payments shall be credited against the commission payable to Broker on account of the exercise of the option. F. Seller contributes or conveys the Property or any interest therein to a partnership,joint venture or other business entity during the term of this 2 Agreement in lieu of sale of the Property during the term of this Agreement. G. Seller is a partnership or other business entity and an interest in the partnership or other business entity is transferred,whether by merger, outright purchase or otherwise in lieu of sale of the Property during the term of this Agreement.If within 180 days after the end of this Agreement, Seller sells or agrees to sell the Property to anyone who has made an affirmative showing of interesting the Property by responding to an advertisement or by contacting the Broker or salesperson involved or has been physically shown the Property by the Broker or salesperson. It is understood that Broker shall not seek to enforce collection of a commission under this Paragraph G,unless the name of the prospect is on a written list given to Seller within 72 hours after expiration of this Listing Agreement. As security for Broker's commission, Seller hereby grants to Broker a security interest in the proceeds from the sale of the Property described herein and any title company or other closer who conducts the closing on the sale or lease of the Property described herein is directed to disburse the Broker's commission provided hereunder to the Broker at the time of closing. 7. SIGN: Seller shall permit Broker to erect a marketing sign"For Sale" or other applicable signage related to the marketing of said property. Seller shall remove all other"For Sale"signs from the Property during the period of this Agreement. It is further agreed that Seller shall permit Broker to erect a"Sold"sign on the Property for a period of 30 days following the sale or exchange of the Property by Broker at Broker's option. 8. DEPOSIT: Broker is authorized to accept from a Buyer or its representative,a non-interest bearing deposit represented by check or certified funds,and to place said deposit in a federally insured banking or savings institution in Broker's escrow account. Broker shall have no responsibility in case of failure or suspension of said banking or savings institution. In an event of a dispute between Seller and Buyer, Seller understands and agrees that Broker cannot disburse the deposit without the mutual written consent of the Buyer and Seller. 9. CLOSING SERVICES: After a purchase agreement for the property is signed, arrangements must be made to close the transaction. Seller understands that Seller may arrange for a qualified closing agent or attorney to conduct the closing or Seller may ask Broker to arrange for the closing. Seller understands that Seller may be required to pay certain closing costs which may effectively reduce the proceeds from the sale. Seller has indicated his/her/its choice for closing services Seller wishes to have Broker arrange for closing services. (Seller) (Seller) Seller shall arrange for closing services. (Seller) (Seller) 3 10. FORFEITURE OF EARNEST MONEY: If a Buyer of the Property defaults and, as a result,forfeits the earnest money, Seller will receive Eighty(80%)and Broker will receive Twenty(20%)of the earnest money. 11. DUAL AGENCY DISCLOSURE: If a Buyer represented by Broker becomes interested in the Property,a dual agency will be created. This means that Broker will represent both Seller and the Buyer and owes the same duties to the Buyer that Broker owes to Seller. This conflict of interest will prohibit Broker from advocating exclusively on Seller's behalf. Dual agency will limit the level of representation which Broker can provide. If a dual agency should arise, Seller will need to agree that confidential information about price,terms and motivation will still be kept confidential unless Seller instructs Broker in writing to disclose specific information about Seller. All other information will be shared. Broker cannot act as a dual agent unless both Seller and the Buyer agree to it. By agreeing to a possible dual agency, Seller will be giving up the right to exclusive representation in an in-house transaction. However, if Seller should decide not to agree to a possible dual agency,and Seller wants Broker to represent Seller, Seller may give up the opportunity to lease the Property to purchasers or Buyers represented by Broker. SELLER'S INSTRUCTIONS TO BROKER Having read and understood this information about dual agency, Seller now instructs Broker as follows: X Seller will agree to a dual agency representation and will consider offers made by tenants represented by Broker. Seller will not agree to a dual agency representation and will not consider offers made by tenants represented by Broker. Seller: (signature) Broker: (signature) 12. MISCELLANEOUS: A. Seller understands that Broker may list other properties during the term of this Listing Agreement which may compete with Seller's property for potential buyers. B. This Agreement is binding upon the heirs,successors,and assigns of the parties. C All the representations and covenants of this Agreement shall survive and be enforceable after termination of the Agreement. D. This Agreement constitutes the complete agreement between the parties and supersedes any prior oral or written agreements between the parties relative to 4 the provisions herein. No amendment,modification or extensions of this Agreement shall be valid or binding unless made in writing and signed by both Seller and Broker. E. This contract shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF,the respective parties hereto have caused this Listing Agreement to be executed as of the day and year first above written. SELLER: BROKER: CITY OF CENTERVILLE GAUGHAN ENTERPRISES,INC. By: By: taia—,, Mike Ericson Louis R. Suski Its: City Administrator Its: Vice President of Sales&Leasing__ Date: Date: 5 CANCELLATION OF PURCHASE AGREEMENT Seller: City of Centerville Buyer: Robert Scott 1 The undersigned herebyagree to cancel and terminate the pending Purchase Agreement between the Parties 2 on the conditions stated below.The agreement in question is a Purchase Agreement dated August 21,2014, 3 and its related addenda and amendments,for the property at 1691 Main Street, Centerville, MN 55038 and 4 1695 Main Street,Centerville,MN 55038,described by property identification numbers as 23-31-22-22-0005; 5 23-31-22-22-0004; 23-31-22-22-0009; 23-31-22-22-0010. One-thousand, seven-hundred and fifty dollars 6 ($1750.00)of the Earnest Money in connection with that Purchase Agreement shall be refunded to the Buyer 7 within fifteen days.All remaining Earnest Money shall be retained by Seller,and the Buyer releases all rights 8 in the property. Seller has no further obligations to Buyer under said Agreement. Buyer has no further 9 obligations to Seller under said Agreement. 10 Dated: 11 Robert Scott, Buyer 12 Dated: 13 Tom Wilharber, Mayor,for the Seller Initials: Seller(s) & ; Buyer(s) & , Dated Page 1 of 1 1 Sa. CW RICE CREEK WATERSHED DISTRICT RICE CREEK WATERSHED DISTRICT Public Hearing on proceedings to correct the drainage system record of Anoka-Washington Judicial Ditch 3 PLEASE TAKE NOTICE that on Monday, August 31, 2015 at 6:30 p.m. in the City of Hugo Council Chambers, 14669 Fitzgerald Avenue No., Hugo, MN, the Rice Creek Watershed District (RCWD) Board of Managers will receive public comment under Minnesota Statutes 103E.101, subd. 4a, on proceedings to correct the drainage system record and functional alignment, dimension and grade of Anoka-Washington Judicial Ditch 3. You are receiving this letter because your property drains to and/or is traversed by this public ditch system. The information presented will deal only with the historical background of the drainage system, the drainage system alignment and configuration and the drainage system right of way. This is an opportunity to present information about the current location and configuration of this drainage system and to ask questions about how the ditch affects your land. This hearing does not address the current efficiency of the drainage system, possible future repair options for the system or the associated costs of possible future repairs. Please see www.ricecreek.org for an explanation of the purpose of the hearing, FAQ's about the hearing, a map of the area affected and the engineer's historical review memo. These items are also available at the District office at 4325 Pheasant Ridge Dr. NE, Suite 611, Blaine, MN 55449. 763-398-3070. 4325 Pheasant Ridge Drive NE#611 1 Blaine, MN 55449 1 T: 763-398-3070 1 F: 763-398-3088 1 www.ricecreek.org BOARD OF Michael J. Barbara A. Haake Patricia L. Steven P. John J. Waller MANAGERS Bradley Preiner Wagamon Ramsey County Ramsey County Anoka County Anoka County Washington County Anoka Washington judicial Ditch 3 Public Hearing Frequently Asked Questions 1. Why did I receive this notice? You received this notice because your property drains to Anoka Washington Judicial Ditch 3 (Clear Water Creek). AWJD 3 is a public drainage system managed by the Rice Creek Watershed District (RCWD). The District's role is to ensure that water passes through the system to prevent flooding and provide drainage. 2. What information will be presented at the hearing? At the hearing, RCWD staff will discuss the location and capacity of system, previous repairs, and the maintenance right of way associated with the ditch. 3. What information will NOT be presented at the hearing? This hearing will not address how the public drainage system is working today, future repairs, or cost associated with those repairs. Please note that the RCWD is not responsible for managing private drainage or localized flooding/drainage problems. 4. What feedback would be helpful for residents to share with the RCWD? - Known alterations to the public drainage system - Location of private ditch and/or drain the outlets 5. How will the RCWD proceed with this information? After the hearing, the RCWD board will adopt the public drainage system's location, depth, width, and grade to create a baseline for minor maintenance on AWJD 3. 6. Will I receive future notices? If you received this notice, you will be notified in the future of additional work on this drainage system. if you did not receive this notice, please click here to sign up for all RCWD public notices. An email will be sent after you fill out the online form. 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