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HomeMy WebLinkAbout2004-08-04 P&R / CITY OF CENTERVILLE PARKS AND RECREATION AGENDA Wednesday, August 4, 2004 - 6:30 P.M. I. CALL TO ORDER 1. Roll Call II. PUBLIC HEARING(S) III. SET AGENDA IV. APPEARANCES V. CONSIDERATION OF MINUTES 1. July 7,2004 Parks and Recreation Committee Meeting Minutes VI. COMMITTEE BUSINESS 1. 2005 Budget Planning VII. UPDATES 1. Subcommittees A. Grants B. Trails C. Laurie LaMotte Memorial Park Warming House Renovation D. Tracie McBride Memorial Park E. Wheels Skate Park 2. St. Genevieve Renovation / Trail Project 3. St. Paul Water Utility Property on Centerville Lake 4. Park & Trail Design & Planning Services (SRF) 5. Requesting Charitable Gambling Funds VIII. ADJOURNMENT PaIks & Recreation Committee ~eeting~ures07~7~4 PARKS AND RECREATION COMMITTEE MEETING MINUTES Wednesday, July 7, 2004 - 6:30 p.m. Pursuant to due call and notice thereof, the Parks and Recreation Committee ofthe City of Centerville held the regularly scheduled meeting on July 7, 2004, at City Hall, 1880 Main Street. Present: Chairperson Tedd Peterson Vice-Chairperson Wayne LeBlanc Committee Member Julie Lindsay Committee Member Suzanne Seeley Committee Member Kathy Peil Committee Member Richard Anderson Committee Member Andre Ziegler Absent: None Council: Tom Lee (ill[ill@~~[J@\"J@@] Staff: Kim Stephan L ROLL CALL Chairperson Peterson called the July 7, 2004 Parks & Recreation Committee Meeting to order at 6:36 p.m. n SET AGENDA Committee Member Ziegler requested a discussion of prospective Eagle Scout Projects be added as #6 under Committee Business. Motion was made by Committee Member Seeley, seconded by Committee Member Peil, to set the July 7, 2004 Parks & Recreation Committee Agenda with the above addition. AU in favor. Motion carried unanimously m. PUBLIC BEARING(S) None. IV. APPEARANCES None. lof6 Parks & Recreation Committee Meeting Minutes 07-07-04 v. CONSIDERATION OF MINUTES Chairperson Peterson requested the last line on page 2 under Satellites in the Parks be removed as it was not the committee's intention to continue reviewing the placement of the satellites in the Parks. The satellites will remain where they are currently placed for the season. Committee Member Seeley requested the last sentence under Grant Updates on Page 4 be changed to read the target date for the DNR Grant Committee to notify the applicants was by the end of July, 2004, not July 1st as stated. Motion was made by Committee Member Ziegler, seconded by Chairperson Peterson to approve the June 2, 2004 Parks & Recreation Committee Meeting Minutes with the above corrections. All in favor. Motion carried unanimously. VI. COMMITTEE BUSINESS City of Centerville Code of Ethics The committee discussed the purpose of the document and if this information would be released to the public. Council Member Lee explained his understanding of this policy was just to remove any appearance of conflict; such as a developer of CenterviIle property for example, being on the Planning & Zoning Commission and making decisions where there is potential financial gain for the commission member. Vice-Chairperson LeBlanc said this was standard with the state and larger corporations and felt it was reasonable for the city to implement also. Park & Trail Desi2n & Plannin!! Services (SRF) Committee Member Lindsay received a packet of information from SRF which was presented to the committee. The idea would be to have the consulting firm brain storm with the committee to help establish a direction for a trail plan. Chairperson Peterson questioned whether they would do an initial consultation without incurring cost to the city. The Downtown Property Owners Association has met with SRF and plan to actively pursue TIF for downtown redevelopment. Committee Member Lindsay will contact SRF to see if a representative would be willing to meet with the Parks & Recreation Committee and at what cost. Requestin!! Charitable Gamblin!! Funds The committee discussed requesting charitable gambling funds from the Spring Lake Park Lions and Dead Broke Saddle Club for additional skate park equipment. Chairperson Peterson has estimates for approximately $1,500. Motion was made by Committee Member Peil, seconded by Committee Member Ziegler to request City Administrator Moore-Sykes send letters of request to the Spring Lake Park Lions and Dead Broke Saddle Club requesting charitable gambling funds in the amount of $1,500 each for additional skate park equipment for the new permanent asphalt skate park at Laurie LaMotte Memorial Park. All in favor. Motion carried unanimously. 20f6 Parks & Recreation Committee Meeting Minutes 07-07-04 Res!ional Park Survey Committee Member Seeley presented the committee with copies of a Regional Park Survey which she felt was an interest to residents and committee members. Easde Scout Proiects Committee Member Ziegler and Council Member Capra have been working with Eagle Scouts interested in completing projects possibly with or for the Parks & Recreation Committee. Chairperson Peterson had a concern regarding liability insurance for Eagle Scouts working with the city and will pursue this with the City Administrator. Council Member Lee said the scouts have the ability to do a considerable project. Committee Member Ziegler said the scouts typically provide the organization and the labor, but not the funds. The nature of the project needs to be substantial. Committee Member Ziegler mentioned a gazebo on the Centerville Lake property, but this may be too large of a project for the Eagle Scouts. Other ideas were organizing the skate park, building picnic tables, painting murals in the warming house at Laurie LaMotte Memorial Park, brushing or trimming trees, repairing the monument signs at each of the parks or a fire pit at Laurie LaMotte Memorial Park. The bonfires at LaMotte Park have been in the parking lot and once that is paved that will no longer be an option. Chairperson Peterson suggested looking at other parks; such as Como Park to see how they have incorporated fire pits. The Eagle Scouts typically need to plan and organize the project through the fall and winter and complete the project in the spring. Vice-Chairperson LeBlanc suggested applying for a DNR Grant for a fishing pier and perhaps the Eagle Scouts could work on this project. With the timeline for applying for grants, the committee needs to start talking about grant issues in the fall for the next year's grants. Committee Member Ziegler will take these ideas back to the Eagle Scouts. Budeet Plannine The Parks & Recreation Committee was given the most current budget information from the Finance Director. The committee felt it needs to decide what projects are priorities and which will need to be removed from the budget. If everything currently included on the Parks & Recreation Budget were to be approved, the budget would have quite a large deficit. The next scheduled meeting will better determine the liabilities and assets. This is also dependant on the Clearwater Trail Grant. The committee questioned when the trail would have to be completed if the city were to receive the grant. Committee Member Seeley stated the city would have one full year, plus whatever months remain in the current year; after the city is notified, with the project being completed by December 31 st of the following year SUBCOMMITTEES Grants Committee Member Seeley stated she had contacted the DNR and they did not have an answer regarding the Clearwater Trail Grant at this time. The committee should have an answer by the end of July. 30f6 Parks & Recreation Committee Meeting Minutes 07-07-04 Trails Chairperson Peterson reported to the committee that the little sliver of land on 20th Avenue, which has been holding up the development of parts of the industrial park, is in the process of being resolved. He mentioned this as the future trail plan goes through this area and the committee needs to stay informed as to the progress of this. Council Member Lee brought up the condition of the trail in front of Apple Tree Square. This trail is in poor condition, almost unusable and has not been maintained. There were multiple problems with the trail and the developer when the trail was put in. Council Member Lee requested this be added to the next City Council agenda. Motion was made by Chairperson Peterson, seconded by Committee Member Seeley to recommend to City Council that the developer of Apple Tree Square & Uptown Center be held liable for the nonconforming trails in front of both strip malls on Main Street and require said developer to reconstruct trails according to city standards. As part of the discussion it was felt the trails were unsafe and unusable in their current condition. All in favor. Motion carried unanimously. Laurie LaMotte Memorial Park Warmine House Renovation Chairperson Peterson stated he did not think there would be time to do the necessary work to the warming house at Laurie LaMotte Memorial Park before Fete des Lacs, but he would try to get the eves scraped so it is presentable for festival. Council Member Lee suggested pressure washing the eves and building. Committee Member Peil stated the wood was so rotted that washing or scraping would be a waste of time. Chairperson Peterson stated he would still like to see the building expanded. Public Works has been discussing doing the lawn cutting for the city instead of hiring it out and they could use the additional storage space to store lawn implements, as there is no room at the Public Works site. The funds for storage at the park would most likely come from the Public Works budget. The committee discussed requesting council to direct staff to obtain bids to replace the soffits and fascia on the warming house and expedite the work to be completed before the festival. Motion was made by Committee Member Peil, seconded by Vice-Chairperson Leblanc to request City Council direct Public Works Staff to obtain bids to replace soffits and fascia at the warming house at Laurie LaMotte Memorial Park. The committee also requests the work be expedited to be completed before Fete des Lacs 2004, to be held from August 6 - 8. All in favor. Motion carried unanimously. Committee Member Peil obtained estimates for paint and supplies and would like to begin work on the inside of the warming house with a Centennial school colors and a Centennial Cougar theme. Committee Member Anderson will make overheads of Centennial Cougar pictures. Volunteers will donate the labor. 40f6 Parks & Recreation Committee Meeting Minutes 07-07-04 Motion was made by Committee Member Peil, seconded by Committee Member Anderson to request from City Council the expenditure of funds not to exceed $400 for paint and supplies to paint the inside of the Laurie LaMotte Memorial Park warming house. Labor will be donated by the Parks & Recreation Committee. All in favor. Motion carried unanimously. Tracie McBride Memorial Park Committee Member Zeigler requested Chairperson Peterson supply him with information on the water tower as Committee Member Ziegler was interested in pursuing the retail value of the tower. Wheels Skate Park Ryan Goodman, Project Inspector informed staff that the skate park pad probably will not be completed until August as they are having problems with the location and it is partially under water. Mr. Goodman needs to discuss this with the City Engineer, who is currently on vacation. Chairperson Peterson reported the pad is unacceptable and the equipment cannot go on it at this time. Per Chairperson Peterson, this pad was engineered to be a flat asphalt pad with 1 percent grade to the west, but after a rain there are three low spots on the pad which are retaining water. There is a construction meeting each Thursday with staff and this problem was brought to the engineer's and contractor's attention and it was discussed how this problem would be resolved and whose responsibility it was to repair this. It was suggested by the City Engineer / Contractors that additional drains be added, additional asphalt be added over the top of the existing pad, or a piece of equipment could just be put over the low spots. Chairperson Peterson's concern was the problem would not be resolved or would be resolved at the tax payer's expense when someone in this project made a mistake and should be held accountable for fixing the problem as well as incurring the cost. Council Member Lee requested this be added to the next City Council agenda. YMCA Summer Proeram Due to the small number of children registered for the second session of the YMCA Park Play Days at Laurie LaMotte Memorial Park, the YMCA regretfully canceled this session. The YMCA Staff left the registration open longer and was open to accepting walk-ins, but there was still a small turnout. This may have been due to the construction going on at the park; as well as LaMotte Drive and Heritage Street. Committee Member Seeley suggested the committee consider donating prizes at Frozen Fete des Lacs as gift certificates for the YMCA programs to possibly increase participation in the programs. Neither the YMCA, nor the Parks & Recreation Committee felt the cost of the program was the reason for the small registration. The YMCA Staff noted that programs in other areas had low enrollment also and were attributing it to the YMCA not having a central location and thought it would be different when their new building was completed. 50f6 Patks & Recreation Committee Meeting Minutes 07-07-04 Senior Proe:rams Committee Member Seeley redesigned the original survey into a smaller versIon to be incorporated into the city's newsletter sent quarterly with the utility billing. Commercial & Industrial Park Dedication Fees Commercial & Industrial Park Dedication Fees was passed by City Council per the Parks & Recreation Committee's recommendations. St. Genevieve Renovation I Trail Proiect Chairperson Peterson reported there were no updates from the St. Genevieve's renovation committee, but he was glad to see that Vice-Chairperson LeBlanc's budget information includes notes from when Vice-Chairperson LeBlanc specifically discussed the trail easement with Father Fitzgerald in 2003. Chairperson Peterson added that a Class 5 trail was being installed along LaMotte Drive with the street project. This trail can be paved at a later time. St. Paul Water Utility Prooertv on Centerville Lake Council Member Lee reported the City Council was open to the idea of sharing the cost of the Centerville Lake property if the Rice Creek Watershed District requires the city to install a pond or rain gardens on a portion of the property for drainage purposes. The amount will be dependant on the amount of property required with the monies to come from the water fund. A purchase agreement has not been received at this time. Rice Creek Watenhed District Drain Stenciline: Proe:ram Ms. Dawn Dubats, coordinator for the Rice Creek Watershed Stenciling Program picked up the 10 kits left at City Hall on Thursday, May 13, 2004. Approximately 150 of the 200 storm drains have been stenciled by volunteers, consisting mostly of Parks & Recreation Committee Members, Council Member Capra & local CublBoy Scouts and a few residents. Some areas weren't stenciled because of road construction and overlay. Private roads were not done. Two stencils were left at City Hall for Public Works to touch up some stencils and do storm drains after the road construction is completed. Committee Member Ziegler recommended sending a thank you note to Council Member Capra and the CublBoy Scouts who participated in the stenciling program. Chairperson Peterson said he would take care of this. Chairperson Peterson will also supply Ms. Stephan with the totals of the number of storm drains which were stenciled so the information can be sent to Dawn Dubats, Rice Creek Watershed District. Motion was made by Chairperson Petenon, seconded by Committee Member Andenon to adjourn the July 7, 2004 Parks & Recreation Committee Meeting at 8:40 p.m. All in favor. Motion carried unanimously. 60f6 Minnesota Department of Natural Resources 500 Lafayette Road St. Paul, Minnesota 55155-40_ July 21, 2004 RECEIVED J":L 2 3 2004 Kim Moore-Sykes, City Administrator City of Centerville 1880 Main Street Centerville, Minnesota 55038 RE: 2004 Local Trail Connections Program Clearwater Trail Dear Ms. Moore-Sykes: Thank you for submitting your project for funding through the Local Trail Connections Grant Program. For your information, we received 42 grant applications for projects that requested an estimated $2.5 million. All of these projects were competing for about $550,000 that was available. The selection process for this grant program has recently come to an end. I regret to inform you that your project has not been selected for funding this year. Even though your project is a good one, there was too much competition for the small amount of funds that were available this year. We appreciate your interest in our grant program. Moreover, we appreciate the interest in building, enhancing and maintaining trails. Trails have a great impact on the community and on the residents themselves. The solicitation cycle for new funds will begin again in December, and you will be receiving a packet from the Department at that time. We hope that you will consider applying again. If you have any further questions, please call me at (651) 297-1718. Once again, thank you for your continuing interest in trails. Sincerely, -~~ -- - --- -- - Tim Mitchell, Trail Grant Coordinator Trail Recreation Section Trails and Waterways Division Minnesota Department of Natural Resources cc: File DNR Information: 651-296-6157 . 1-888-646-6367 · TrY: 651-296-5484 . 1-800-657-3929 An Equal Opportunity Employer ~ Printed on Recycled Paper Containing a "., Minimum of I O'h- Post-Consumer Waste Teresa Bender From: Sent: To: Cc: Subject: Bill Tschida [Bill. Tschida@ci.stpaul.mn.us] Thursday, July 22,20044:10 PM tbender@centervillemn.com Steve Schneider draft of land Sale and Purchase Agreement ~ ~ ~ Centerville_Sykes_ Purchase and Sale vacant lot Poo. of vacant 10... Hello, Theresa. I had planned to send this e-mail to Kim, but discovered I didn't have her address. Please share this with her and whomever else you feel would be appropriate. Attached please find a transmittal memo and Purchase Agreement draft that will be delivered by messenger to Kim Moore-Sykes on July 23, 2004. I will be out of the office until Monday July 26, and will forward to discussing any aspect of the agreement with City of Centerville staff. Thank you, Bill Tschida Engineering Division Saint Paul Regional Water Services 84th St. E., Suite 400 st. Paul, MN 55101 phone: 651-266-6265 Eax :651-292-7811 email: bill.tschida@ci.stpaul.mn.us 1 -, Memorandum Engineering Division 84th St E, Suite 400 Saint Paul MN 55101 To: Kim Moore -Sykes, City Administrator City of Centerville 1880 Main Street Centerville, MN 55038 Date: July 23,2004 From: Bill Tschida Phone: 651-266-6265 Re: Land Sale and Purchase Agreement draft Vacant lot at 1601 LaMotte Drive by Board of Water Commissioners Pursuant to your June 9, 2004 voice message indicating the City's approval that I draft a purchase agreement modeled after the most recent such agreement with Anoka County, please find enclosed a draft for review and discussion. You and your staff should consider this a working document that we are agreeable to modifying for benefit of the parties, provided fundamental requirements of the Board are addressed. The Anoka agreement contained less than customary title requirements of the Board due to the nature of the wetland property that was purchased. For that reason, I instead used language from our 2002 purchase agreement with the City of Vadnais Heights, which contains more typical title requirements. Following the City's review of the agreement, I suggest staff from both parties meet to discuss questions or requested revisions the City may have. In the mean time, you and your staff should feel free to contact me at any time throughout the review and discussion process with questions or concerns. I'll look forward to hearing from you regarding the City's review of the agreement. Enclosures: 1 Copy: Stephen P. Schneider, SPRWS General Manager Lisa Veith, Assistant City Attorney, City of Saint Paul C:\Documents and Settings\TBender\Local Settings\T emporary Intemet Rles\OLK3D\Centerville_Sykes_vacant lot PA_07- 22-04.doc .. LAND SALE AND PURCHASE AGREEMENT This Agreement is made this _ day of , 2004, between the BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL, a municipal corporation under the laws of the State of Minnesota ("Seller"), and the CITY OF CENTERVILLE, a political subdivision of the State of Minnesota ("Buyer"). SECTION 1 - SALE AND PURCHASE OF THE PROPERTY Seller agrees to sell and convey, and Buyer agrees to purchase, that certain real property located at 1601 I..aMotte Drive, City ofCenterville County of Anoka, State of Minnesota, consisting of 1.89 acres more or less, which is legally described on Exhibit A (the "Property"), and subject to covenants as more fully described in Section 4. SECTION 2 - PURCHASE PRICE The Purchase Price of the Property shall be the sum of $253,900, payable by bank draft or other draft satisfactory to Seller as follows: $10,000, as earnest money, the receipt and sufficiency of which are hereby acknowledged (earnest money to be placed in an interest bearing account); and $243,900, constituting the balance of the Purchase Price, to be paid at Closing. SECTION 3 - CONDITION OF PROPERTY To the maximum extent permitted by law, the Property is being sold and conveyed "as is," and '''with all faults," with no warranties, guarantees, promises, agreements, or representations, whether express or implied, by Seller or any person acting or purporting to act on its behalf, as to (i) title, (ii) Seller's interest or estate in the Property, (iii) the existence or nonexistence of other interests in the Property, (iv) the condition of the Property or its suitability for any use or purpose, (v) the value, nature, quality or condition of the Property, including without limitation, the water, soil or geology. SECTION 4 - COVENANTS RUNNING WITH THE LAND 4.01 The sale and conveyance of the Property are subject to the following covenants affecting the present and future use of the Property, which covenants are intended and agreed by Seller and Buyer to be binding upon Buyer, and upon any and all successors in interest of whatever kind in the Property: a) Water Ponding, Flowage and Drainage Easement (Exhibit B) b) Public Raw Water Conduit Easement (Exhibit C) c) Property Use Covenants (Exhibit D) 4.02 Buyer agrees that the above covenants shall be recorded with the Property Deed. C:\Documents and Settings\TBender\Local Settings\Temporary Internet Files\OLK3D\Purcbase and Sale of vacant lot_ 07-22-04.doc 1 4.03 In the event ofa violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. 4.04 In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. SECTION 5 - ACCESS TO EASEMENTS All easements retained by the Seller in Section 4 herein shall allow the Seller full access to all parts of such easements for the purpose of operation, maintenance and repair and/or reconstruction of the easement areas or facilities located therein. Such access shall include access by the Seller and its officers, agents and employees across the Property and retained easement areas at all times. SECTION 6 - CLOSING 6.01 Unless otherwise extended by the provisions of this Agreement, the closing of this transaction ("Closing") shall be held at a time that is mutually agreeable to Seller and Buyer; provided that the Closing shall be no later than September 30, 2005. 6.02 Buyer shall have the right to purchase the Property any time prior to and including September 30,2005. To exercise this right, Buyer shall give Seller sixty (60) days written notice thereof. Unless otherwise extended by the provisions of this Agreement, the Closing shall take place not later than ninety (90) days after the date of said written notice. 6.03 In the event that Seller satisfies all requirements of this Agreement by June 30, 2005 and Closing does not occur by September 30, 2005, or as otherwise extended by this Agreement, this Agreement shall be null and void at option of Seller; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. 6.04 Closing shall be held at Centerville City Hall, 1880 Main St., Centerville, Minnesota 55038, or such other location that Seller and Buyer mutually agree upon. C:\Documents and Settings\TBenderILocal Settings\Temporary Internet Files\OLK3D\Purchase and Sale ofva=t lot_07-22-04.doc 2 ... 6.05 Closing shall be conducted by a Title Company or otherreal estate or legal professional that Seller and Buyer mutually agree upon. Seller shall pay the costs of said professional closing service, which shall be deducted from Seller's proceeds at Closing. SECTION 7 - POSSESSION 7.01 Possession of the Property shall be given to Buyer on the date of Closing. 7.02 Access to Property prior to Closing. Prior to Closing, Seller shall afford Buyer or Buyer's designees reasonable access to the Property during reasonable hours of the day for the purpose of examining the Property, conducting soil tests and engineering feasibility studies, enviromrtental audits and investigations and planning the proposed development of the Property, provided such activities do not interfere with the activities of Seller on the Property. SECTION 8 - PROPERTY DEED AND OTHER DOCUMENTS Subject to performance of Buyer, Seller agrees to execute and deliver the following at Closing: a. Property Deed. A quitclaim deed in a form reasonably satisfactory to Buyer, which shall quit all interests Seller has in the Property in favor of Buyer. b. CRV. A Certificate of Real Estate Value in the form required by Minn. Stat. ~272.115. c. Well Certification. A well certification to the extent required by Minnesota law. d. Other Documents. All other documents reasonably required of Seller by this Agreement to transfer the Property to Buyer in accordance with this Agreement. e. Easements. Any and all easements and other rights specified in this Agreement shall be conveyed, transferred and assigned to Buyer by appropriate recordable documents and Seller shall execute and deliver with the Property Deed such other documents as may be reasonably required by any governmental entity or by the Title Insurance Company as a condition to the issuance of its policy of title insurance in accordance with Section 9 herein. f. Government transfer taxed and fees. All local, municipal, county, state and federal transfer and conveyance taxes shall be paid by Seller at Closing. Buyer shall pay all recording fees incurred at Closing, including, without limitation mortgage recording fees and mortgage registration tax. SECTION 9- TITLE EVIDENCE AND TITLE EXAMINATION 9.01 Seller's Title Evidence. Seller shall, within sixty (60) days after receiving Buyer's written notice provided for in Section 6.02 herein, furnish the following (collectively the "Title Evidence") to Buyer: a. Property survey. A survey of the Property prepared by or under the direction of a registered land surveyor. C:\Documents and Settings\TBender\Local Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant lot_ 07-22-04.doc 3 ... b. Title Commitment or Abstract of Title. 1. A commitment ("Title Commitment") for an ALTA Form B 1998 Owner's Policy of Title Insurance (accompanied by legible copies of all documents described therein) insuring title to the Property. 11. If the Property is abstract property, Seller shall deliver to the Title Company or to the Buyer an Abstract of Title to the Property certified to a current date and including all appropriate judgment and bankruptcy searches. 9.02 Buyer's Obiections. Within thirty (30) days afterreceiving the last of the Title Evidence, Buyer will examine the title to the Property and make written objections to the form or contents of the Title Evidence ("Objections"). If Buyer fails to give notice to Seller by such date, Buyer will be deemed to have waived its right to object to any title exceptions or defects shown in the Title Evidence. 9.03 Any matters shown in the Title Evidence not objected to shall be considered be accepted by Buyer. SECTION 10 - TITLE CORRECTIONS AND REMEDIES 10.01 Seller will use its best efforts to cure or satisfy the Objections within a reasonable time, not to exceed sixty (60) days after Seller's receipt of the Objections, during which period the Closing will be postponed if necessary until five (5) days after Seller cures or satisfies the Objections. 10.02 If a notice of Obj ections is so made pursuant to Section 9 herein, Seller shall have five (5) days from receipt of the Objections to notify Buyer of Seller's intention to cure said Objections within one hundred twenty (120) days from Seller's receipt Objections. Ifnotice of Objections is given and Seller gives notice it intends in good faith to cure Objections, payment hereunder required shall be postponed pending correction of Objections, but upon correction and within ten (10) days after written notice to Buyer, the parties shall perform this Agreement according to its terms. 10.03 If notice of Objections is given but Seller does not give such good faith notice to cure Objections, this Agreement shall be null and void, at option of Buyer; and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its down payment plus interest accrued. 10. 04 To the extent any Obj ectionscan be satisfied by the payment of money, a portion of the cash payable to Seller at Closing may be applied to the satisfaction of the Objections, if agreeable to Buyer and Seller. In that event, the amount so applied shall reduce the amount of cash payable to Seller at Closing. C:\Documents and Settings\TBender\Local Settings\Temporary lnt=et Files\OLK3D\Purchase and Sale of vacant lot_ 07-22-04.doc 4 10.05 Cure of the defects by Seller shall be reasonable, diligent, and prompt. Pending correction of title, all payments required herein and at Closing shall be postponed as follows: a. If notice of Objections is given and Seller cures such Objections, then upon presentation to Buyer of documentation establishing that Objections have been cured, and if not objected to in the same time and manner as the original title Objections, Closing shall take place within ten (10) business days or on the scheduled date of Closing, whichever is later. b. Ifnotice of Objections is given and Seller proceeds in good faith to cure said Objections, but the 120-day period expires without Objections being cured, Buyer shall have the option to do any of the following: (i) Declare this Agreement null and void by notice to Seller, and neither party shall be liable for damages hereunder to the other. In such event, Buyer and Seller agree to sign a Cancellation of Land Sale and Purchase Agreement, and Buyer shall be refunded its earnest money payment plus interest accrued. (ii) Waive the Objections and proceed to Closing. SECTION 11 - TAXES AND ASSESSMENTS 11.01 Seller shall payor credit against the Purchase Price all real estate taxes, and all installments of special assessments certified for payment with real estate taxes due and payable in the years prior to the year of Closing. 11.02 Real estate taxes and all installments of special assessments certified for payment due and payable in the year of Closing shall be prorated between Seller and Buyer on a calendar year basis to the date of Closing. SECTION 12 - RISK OF LOSS The risk ofloss, damage or destruction to the Property and any improvements thereon through condemnation, fire or otherwise shall be borne by Seller until the Closing. In the event of a condemnation of all or part of the Property, Buyer shall have the right to terminate this Agreement. SECTION 13 - CONDITIONS TO CLOSING Buyer's obligation to close this transaction is subject to Seller having performed all terms, covenants and obligations required of Seller hereunder. SECTION 14 - BROKER Buyer and Seller represent and warrant that all brokerage charges incurred, if any, in connection with this transaction shall be paid by the party authorizing such broker to act in its behalf. C:\Documents and Settings\TBender\I...ocal Settings\Temporary Internet Files\OLIGD\Purchase and Sale ofvacant 10t_ 07-22-04.doc 5 SECTION 15 - NOTICES Unless otherwise provided herein, all notices shall be in writing and shall be delivered in person, by third party courier (including overnight courier such as Federal Express) or by certified mail, return receipt requested, postage prepaid, addressed to the party or person to whom notice is to be given at the following addresses: To Seller: Board of Water Commissioners of the City of St. Paul Attn: SPRWS General Manager 8 East Fourth Street, Suite 400 St. Paul MN 55101 After November 1, 2004: Board of Water Commissioners of the City of St. Paul Attn: SPRWS General Manager 1900 Rice St. St. Paul, MN 55113 To Buyer: [Name], [Title] City of Centerville 1880 Main St. Centerville, MN 55038 SECTION 16 - REPRESENTATIONS AND WARRANTIES OF SELLER AND BUYER 16.01 Seller's Warranties. Seller represents and warrants to Buyer the following: a. The execution and delivery of this Agreement by Seller and consummation by Seller of the transaction contemplated hereby are within Seller's powers and all requisite action has been taken to make this Agreement valid and binding upon Sellers in accordance with its terms. b. Neither the execution nor the delivery of this Agreement by Seller nor its performance by Seller will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Seller or to the Property, or of any term, condition or any indenture or other contract or agreement to which Seller is a party, or cause a default thereunder, or result in the creation or imposition of any lien, charge or encumbrance of any nature whatsoever on the Property pursuant to the terms of any such agreement. c. That there are no lawsuits pending affecting the Property or affecting the right of Seller to convey the Property. d. That neither Seller nor any agent or employee of Seller has knowledge of or have received notice of any suits, judgments or violations relating to or at the Property of any zoning, building, fire, health, pollution, environmental protection or waste disposal ordinance, code, law or regulation which has not been heretofore corrected. C:\Documents and Settings\TBender\Loca1 Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant lot_07-22-04.doc 6 ... e. That Seller makes no representation regarding future real estate taxes or assessments for the Property, except as may be specifically provided in this Agreement. f That Seller has not, and has no knowledge that anyone else has, used, generated, stored or disposed of above, in, on, under or around the Property any Hazardous Materials, as hereinafter defined, and has no knowledge, of any Hazardous Materials . above, in, on, under or around the Property. The term ''Hazardous Materials" means any material or substance which is listed in the United States Department of Transportation Hazardous Material Table (49 CFR 172.101) on the date of this Agreement which is kept, used, or disposed of in a manner and in quantities which do not comply with applicable laws and regulations pertaining to said materials or substances. Further, Seller agrees that it will not use, generate, store or dispose of or permit the use, generation, storage or disposal of any Hazardous Materials, as herein described above, in, on, under and/or around the Property now or at any time prior to . the date of Closing. g. That to Seller's knowledge, there never has been, and is not now, on the Property any underground storage tanks, wells or septic systems. h. That situated within the Property is a water pipe providing potable water from a well situated in Seller's adjacent pump station property to Seller's adjacent residential property. Said pipe will be cut off in Seller's pump station property and left abandoned in place within the Property prior to Closing. 16.02 Buyer's Warranties. Buyer represents and warrants to Seller as follows: a. The execution and delivery of this Agreement by Buyer and the consummation by Buyer of the transaction contemplated hereby are within Buyer's powers and all requisite action has been taken to make this Agreement valid and binding upon the accordance with its tenns. b. Neither the execution nor delivery of this Agreement by Buyer will conflict with or result in a violation or breach of any law, regulation, order, writ, or injunction of any court or governmental agency applicable to Buyer. SECTION 17 - APPROVALS AND ANNEXATION 17.01 Approvals. Buyer agrees to cooperate with Seller in its pursuit of any and all approvals that may be required to close the sale and convey the Property to Buyer. 17.02 Annexation. Buyer and Seller acknowledge that the Property is situated within the corporate boundaries of the City of Lino Lakes as well as the City of Centerville. Annexation by the City of Centerville of that portion of the Property situated in the City of Lino Lakes is the solution desired by the parties. Unto that end, Buyer agrees to initiate and consummate any and all agreements, or other such actions, as may be required to accomplish said annexation. C:\Documents and Settings\TBender\Loca1 Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant 10t_ 07-22-04.doc 7 SECTION 18 - REMEDIES 18.01 In the event Buyer fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Buyer under and pursuant to the terms and provisions oftrus Agreement and such default is not cured within thirty (30) days after written notice (other than Buyer's failure to tender the Purchase Price on the date of Closing, a default for which no notice is required), then Seller may (i) terminate this Agreement or (ii) seek an action for specific performance against Buyer to enforce the provisions of this Agreement. 18.02 The failure of either party to act upon a default of the other in any of the terms, conditions or obligations under this Agreement shall not be deemed a waiver of any subsequent breach or default under the terms, conditions or obligations hereof by such defaulting party. 18.03 In the event Seller fails to comply with any or all of the obligations, covenants, warranties or agreements to be performed, honored or observed by Seller under and pursuant to the terms and provisions oftrus Agreement, and such default is not cured within thirty (30) days after written notice, Buyer may either (i) terminate this Agreement or (ii) seek an action for specific performance against Seller to enforce the provisions of this Agreement. SECTION 19 ~ MISCELLANEOUS 19.01 This Agreement shall be binding upon and inure to the benefit of and bind the parties hereto, their respective heirs, executors administrators, personal and/or legal representatives, successors and assigns. 19.02 All covenants, warranties, representations and agreements of Seller and Buyer contained in this Agreement or in any document executed by either party pursuant to this Agreement shall survive the execution and delivery of the Property Deed. 19.03 This Agreement constitutes the entire agreement between the parties and there are no representations, oral or written, relating to the Property or to this transaction which have not been incorporated herein. Any agreement hereafter made shall be ineffective to change, modify or discharge this Agreement in whole or in part unless such agreement is in writing and signed by the party against whom enforcement of any change, modification or discharge is sought. 19.04 The headings of Sections hereof have been inserted for convenience only and shall in no way modifY or restrict any provisions hereof or be used to construe any such provisions. 19.05 If two or more persons constitute the Sellers, "Seller" shall be construed as if it reads "Sellers" throughout this Agreement. 19.06 If two or more persons constitute the Buyers, "Buyer" shall be construed as ifit reads Buyers" throughout this Agreement. C:\Documents and Settings\TBenderILocal Settings\Temporary Internet Files\OLK3DlJ>urchase and Sale of vacant lot_ 07-22-04.doc 8 19.07 This Agreement may be executed in multiple counterparts, each of which shall be considered to be an original document. 19.08 Time is of the essence. Whenever anytime period is to be computed hereunder, the day from which the period shall run is not to be included in any period ending on a Saturday, Sunday or legal holiday and will be extended to the next business day. 19.09 Seller and Buyer will pay their own attorney's fees. 19.10 Exhibits A through D listed below are attached hereto and incorporated herein, and are a part thereof as though fully set forth in the body of this Agreement: EXHIBIT A LEGAL DESCRIPTION OF PROPERTY EXHIBIT B WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT EXHIBIT C PUBLIC RAW WATER CONDUIT EASEMENT EXlllBIT D PROPERTY USE COVENANTS [Remainder of page left intentionally blank.] C:\Documents and Settings\TBender\Loca1 Settings\Temporary Internet Files\OLIGDlPurchase and Sale of vacant lot_ 07-22-04.doc 9 IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed on the dates listed below. ON BEHALF OF SELLER: BOARD OF WATER COMMISSIONERS OF THE CITY OF SAINT PAUL By: Patrick Harris, President Approved: Date: By: Stephen P. Schneider, General Manager Saint Paul Regional Water Services By: Janet Lindgren, Secretary Date: Approved as to form: By: Lisa Veith, Assistant City Attorney By: Matthew G. Smith, Director Office of Financial Services Date: C:\Documents and Settings\TBenderILoca1 Settings\Temporary lnternet Files\OLK3D\Purchase and Sale of vacant 10t_ 07-22-04.doc 10 ON BEHALF OF BUYER: CITY OF CENTERVILLE, MINNESOTA By: [Name], Mayor Date: Approved as to fonn: By: [Name], City Attorney By: [Name], City Clerk Date: C:\Documents and Settings\TBender\Local Settings\Temporary Internet Files\OLK3DlPurchase and Sale of vacant lot_07-22-04.doc 11 EXHIBIT A LEGAL DESCRIPTION OF PROPERTY [Description of Property. Half-size survey will be included] C:\Documents and Settings\TBender\Local Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant lot_07-22-04.doc 12 EXIllBIT B WATER PONDING, FLOWAGE AND DRAINAGE EASEMENT Seller reserves and retains a perpetual and non-exclusive Water Ponding, Flowage and Drainage Easement over, under and across the following described portion of the Property ("Ponding Easement Property'') for the storage, holding, drainage and flowage of water to be released by Seller at any time and in such quantities as Seller may in its sole discretion determine from time to time: [Description of easement, proposed to be approximately fifty feet from shoreline.] This retained easement is for benefit of Seller in its lawful management ofCenterville Lake water levels. Neither the Buyer, nor any other person, shall use or schedule the use of the Property for any purpose inconsistent with the release of water onto the Ponding Easement Property. The foregoing restrictions and rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Board of Water Commissioners of the City of Saint Paul, its officers, agents, employees, and servants, and also the City of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall arise from any injuries or damages received or sustained by Seller's release of water onto the Ponding Easement Property, or arising out of or resulting from any action or negligence of Seller, its employees, agents or, business invitees. In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank.] C:\Documents and Settings\TBender\Local Settings\Temporary Internet Files\OLK3D\Purcbase and Sale of vacant 10t_ 07-22-04.doc 13 EXlllBIT C PUBLIC RAW WATER CONDillT EASEMENT Seller reserves and retains a perpetual, restrictive, public utility easement on, over, under and across the following described portion of the Property ("Conduit Easement Property"), for the purpose of future construction, reconstruction, inspection, operation, maintenance or repair of its water facilities: [Description of 3D-foot wide easement centered on raw water conduit] Buyer covenants with Seller that it understands and agrees to the following: a. No buildings, structures, trees or any temporary structure, material storage, fixture, or any other objects which may prohibit normal access to water facilities for the above stated purposes will be permitted within the Conduit Easement Property. b. Improvements in or upon the Conduit Easement Property that do not prohibit Seller from exercising its reserved rights may be allowed by obtaining prior written permission from Saint Paul Regional Water Services General Manager, with the understanding that the restoration and costs of such improvements shall be the sole responsibility of Buyer, its successors and assigns, in the event the Seller exercises its reserved rights. C. Should it be necessary that Buyer's works or improvements be removed or damaged as a result of Saint Paul Regional Water Services operations, all removal, replacement or modification costs shall be borne solely by Buyer. d. No change from the existing grade within the Conduit Easement Property shall be permitted without prior written permission from Saint Paul Regional Water Services General Manager. e. No change in surfacing within the Conduit Easement Property shall be permitted without prior written permission from Saint Paul Regional Water Services General Manager. f. Buyer, its successors and assigns shall fully indemnify, defend, and save harmless the Seller, its officers, agents, employees, and servants, and the City of Saint Paul, its officers, agents, employees, and servants, from all suits, actions or claims which shall arise from any injuries or damages received or sustained by any break in the raw water conduit situated within the Conduit Easement Property, arising out of or resulting from any action or negligence of Seller, its employees, agents or, business invitees. The foregoing rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. C:\Documents and Settings\TBenderILocal Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant lot_ 07-22-04.doc 14 . ) In the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times. In the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank.] C:\Documents and Settings\TBender\Local Settings\Temporary Internet Files\OLIGD\Purchase and Sale of vacant lot_ 07-22-04.doc 15 EXIDBIT D PROPERTY USE COVENANTS Buyer hereby agrees to have the following restrictions recorded with the Property Deed: The Property shall be devoted exclusively to the purposes for which Buyer acquired it, namely: 1. Public Park and recreational purposes, excepting use as a Dog Park, which is expressly prohibited. ["Dog Park" to be defined by the parties prior to approval of this Agreement) 2. Public utility purposes 3. Any public purposes duly designated by the City of Centerville At no time shall any portion of the Property be converted to purposes or uses other than those stated above. The foregoing restrictions rights shall be binding upon and inure to the benefit of Seller and Buyer, and to their successors and assigns, and shall run with the land. ill the event of a violation or attempted violation of the easement rights or restrictive covenants set forth above, Seller may institute and prosecute any proceeding at law or in equity to abate, prevent, or enjoin any such violation, or to specifically enforce the covenants herein set forth, or to recover monetary damages caused by such violation or attempted violation. It is acknowledged and agreed by Buyer that Seller is entitled to obtain injunctive relief requiring Buyer to comply with said covenants without the need for a bond or security, and that specific performance is an appropriate remedy and that Seller does not have an adequate remedy at law and will suffer irreparable harm upon a violation of said covenants. No delay in enforcing the provisions of said covenants as to any breach or violation shall impair, damage, or waive the right to enforce the same, or to obtain relief against or recover for the continuation or repetition of such breach or violation or any similar breach or violation thereof at any later time or times ill the event suit is brought by Seller to enforce the restrictive covenants or easement provisions, or if suit is brought for damages or for any other relief hereunder, Seller shall be entitled to recover its costs, including reasonable attorneys' fees incurred in connection with such suit. [Remainder of page left intentionally blank] C:\Documents and Settings\TBender\LocaI Settings\Temporary Internet Files\OLK3D\Purchase and Sale of vacant Iot_07-22-04.doc 16 ~;tervi{{e ruta6{isfiecf 1857 1880 Main Street . Centervi{fe, M'1{ 55038 (651) 429-3232 . :Fate (651) 429-8629 July 26, 2004 Mr. Dean Keller, President Spring Lake Park Lions 8433 Center Drive Spring lake Park, MN 55432 Dear Mr. Keller: The City of Centerville Parks & Recreation Committee has requested that I send a letter to you requesting financial assistance i_n the form of charitable gambling proceeds for the purpose of purchasing additional skate park equipment for the Wheels Skate Park at Laurie LaMotte Memorial Park. The city has recently installed a permanent asphalt pad at the park and would like to expand with equipment estimated at $1,500. Any amount the Spring Lake Park Lions could donate towards this purchase would be greatly appreciated Thank you for your consideration of the Parks & Recreation Committee's request. If you have any questions or comments, please feel free to call me at City Hall, 651-429-3232. CC: Tedd Peterson, Parks & Recreation Committee Page 1 of 1 Kim Stephan From: nessie@usfamily.net Sent: Friday, July 16, 2004 4:17 PM To: Kim Stephan; Lynn Truninger Subject: Park Play Days Dear City of Centerville I Thank you so much for the opportunity to service your community again this summer! The first session of Park Play Days was very small but loads of fun! We were able to put the whole amount($300.00) that you contributed towards this half of the summer. Unfortunately because of the small numbers we still lost close to $200 on the first session. Faced again with small numbers for the second session, and not having the funds to cover staffing, we made the painful decision to cancel the second session. Thank you for your ongoing support. We hope to be able to try to run more programs in your area in the future. Jen Smith Program Coordinator Chain of Lakes YMCA ----l1SFilcmily~Nel- Unlimited Internet - From S8.99/mo! ---- 7/23/2004 Page 1 of 1 Kim Stephan From: Drew Johnson [dewyj08@yahoo.com] Sent: Thursday, July 22, 2004 2:45 PM To: kstephan@centervillemn.com Subject: Eagle Scout Project Hi, I am Drew Johnson, from Boy Scout Troop 232. I would like to do my Eagle Project in Centerville. Mary Capra helped me come up with the idea to build 50 wood duck houses and put them around ponds in CenteIVille. Also to start an Adopt a Wood Duck foundation. For this I might start a web site or talk to some people that live around the ponds. I would like to get on the agenda for the Parks & Recreation Committy meating on the first Wednsday in September. Please eMail mebackatde.~jD~Y.lb-.)o.cQm Thank you for your time. Drew Johnson Do you Yahoo!? YQ~_fQIJh~ stanLQfYaboo! '~ne~La~L<::ampillgn , 7/22/2004