HomeMy WebLinkAbout2007-07-11 Set Agenda & Handouts
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CITY COUNCIL MEETIN!!;
COUNCIL MEETING
Wednesday, July 11,2007
6:30 p.m.
SET AGENDA = RED
L CALL TO ORDER
1. RoD Call
D. PUBUC BEARINGS
m. APPROVAL OF AGENDA
IV. APPROVAL OF COtJNcn. MINUTES
1. June 27,2007 City Council Meeting Minutes (Pages 1-11)
v. CONSENT AGENDA
1. City of CenterviUe June 28, 2007 through July 11, 2007 Claims (Page 12)
2. Centeo." Fire Dbtttiet Oaims tbrouIh JUDe 29. 2007 (pap 13)
3. Trio Inn Request for Renewal of 2 a.m. Option Liquor Application
VI. A WARDS/PRESENTATIONSlAPPEARANCES
VB. OLD BUSINESS
1. Final Plat" Developers Agreement - Clearwater Creek EstateslJlaD7.a1
New Handout
2. Old MDt Road UtDity " Street Improvement Bids, Res. ##07-XXX-
AeeepdD. Bid" Awarding Projeet - Precision Exeavating " GradintI
(Pages 14-15)
3. Beard Gnup Downtown RedevelopllleDt Developers AgreeIIIeDt
4. Consider PubUc Works FaciUty Purchase - 2085 Cedar Street -
Res.1#07..oXX - AutIaeriziaI Purdaase & FiDallciIlg (Pages 16-39)
New Handout - Purcbase Agreement
5. Res. #l87.oXX .. Dead Broke Saddle Club Request for PreJ8ises
Permit/GalDbling Permit (Sagers Bar " GriD) - Paddlewbeel, Paddlewheel
w!fable, Bar BiD. & PulI-Tabs .. **BOUSEKEEPPING** ~ 48)
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VOl. NEW BUSINESS
IX. ANNOUNCEMENTS/VPDATES
1. City Administrator. Mr. Dallas Larson
2. eo.....emorative IteIIIs for SesquieeDtelUlial (Update)
ADJOURNMENT
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* *REMINDERS* *
Council Meeting - July 25, 2007, 6:30 p.m. Council Chambers wlBudget Worksession
Parks" Recreation Committee - August I, 2007, 6:30 p.m. Council Chambers
Pl"wns" Zoning Cormmllllion - August 7, 2007, 6:30 p.rn. Council Chambers
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Renewal Application for Optional Liquor 2AM
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License Type: 2AM-100K-500K Expires On: July 17, 2007
10 Number: 11952
DBA
Mountain Enterprises Inc.
Trio Inn
7082 Centerville Rd
Hugo MN 55038
Business P~one: 6514262956
If any of the above licensee information is not correct, please make corrections as necessary.
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 and Gambling Enforcement
Division '(AGED). MaD this application and check to: AGED, 444 Cedar St, Suite 133, St Paul, JIliN 55101-6133. '
~ 2 AM license fee - Up.to $100,000 in on sale gross receipts for alcoholic beverages
. $750 2 AM license fee - Over $100,000, but not over $500,000 in on sale gross receipts for alcoholic beverages
_ $1 000 2 AM license fee - Over $500,000 in on'sale gross receipts for alcoholic beverages
_ $200 2 AM license fee - 32% On Sale Malt Uquor licensees or Set Up license holders
_ $200 2 AM license fee - Did not sell alcoholic beverages for a full 12 months prior to this application
':$... Yes _No Does the city or county that issues your liquor license allow the sale of alcoholic beverages Ur:1t11 2 AM?
City ClerklCounty Auditor Signature
(I certify that the city or coun
2AM)
Date
approves the sale of alcoholic beverages until
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I
I
Licensee Signature
(I certify that I have ans
Licensee Minnesota Tax 10 Number (Required):
.~ )
Date ;. 7 0]
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Licensee: Prior to submitting this application to the Alcohol & Gambling Enfocement .
Division you must have this form signed by your local city or county licensing official
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division (AGED)
444 Cedar street, Suite 133, Sl Paul, MN 55101-6133
Telephone 651-296-6979 Fax 651-297-5259 m 651-282-6555
www.dps.state.mn.us
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2amRenewal2004
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erviI[e
CITY OF CENTERVILLE
NlONTHL Y ENGINEER'S REPORT
For July 11,2007 City Council Meeting
Italics ::;: New iTiformation.
Normal = No change :from last report.
1. Pheasant Marsh 3rd Addition (000616-03134-0). A walk-thru inspection of the project site
will be conducted next week before the wear course is scheduled The walk-thru will be
completed with the Developer, Public Works Staj]; and Bonestroo. James R. Hill has submitted
the Record PIan Drawings and will be reviewed by the Public Works Staff and Bonestroo.
2. Hunters Crossing 3rd Addition (000616-05141-0). The Record Plans were completed by
Bones1roo and delivered to the Public Works Staff. A walk-thru inspection will be conducted
with the Contractor, Public Works, and Bonestroo within a couple of weeks before the wear
course is scheduled
3. 21st AvenuelBaekage Road (000616-05143-0). The contractor has completed their work.
Wear course; striping, and signing are all now completed Some areas have been reseeded
because of inadequate growth. Bonestroo is working towards closing this project out. The
Backage Road is now openfor trajJic[------
4. 2006 Storm Water Analysis (000616-06146-0). On hold until the 2009 Street Project is better
defined.
5. Old Mill Road Improvements (000616-06147-0). Bids have been oPened Waiting on the
contract to be awarded before construction will be started
6. Fairview Street Improvements (000616-06148-0). Contractor has completed the sand,
gravel, and C1Db on the cul-de-sac portion of the project. He is currently constructing the turn
lane. Paving is scheduled for next week.
7. Block 7 Redevelopment Grading and Utility Improvements (000616-06152-0). All
underground installation is completed. Contractor has a few. items that need to be finished for
acceptance.
8. CenterviDe Townoftiee Park 2nd Addition (000616-06152-0). Construction is underway.
Underground Contractor has been onsite doing their utility work.
9. "an~l's Addition (000616-06154-0). On hold until the Old Mill Road improvements are
approved.
10. mdden Spring Park (000616-07155-0). Veit Construction has completed a large portion of
the project. Most of the grading, tree removal/trimming, pipe work and shoreline restoration
are completed Footings for the pavilion will be poured soon.
11. Downtown Overhead Power Relocation (000616-07156-0). Clearwater powerlines is in
limbo tmlil Xcel gets it back on their schedule. When CSAH 14 slipped they took advantage of
that to schedule other work ahead of this.
12. Comprehensive Plan (000616-07157-0). The Background Report was presented to a joint
meeting of the Planning Commission and City Council on June 5, 2007. Bonestroo is in
process of preparing new goals and policies for the August 'jh Planning Commission meeting.
Bonestroo will be using the edited version already completed by the staff and Planning
Commission and updating them from these edits. .
, 13.2009 Street and Utility Improvements (000616-07158-0). We have begun our investigation
of the condition of streets in the proposed project and will be evaluating the appropriate level of
improvements.
14. CSAH 14 Construction Services (000616-07159-0). Once the project is awarded, we will be
' acting as the City's representative in the field during construction.
1$. MiseeDanfi'Ous _
· We submitted a scope of services and engineering proposal for the production of a
Downtown Redevelopment Comprehensive Infrastructure Plan. This would layout,
conceptuaUy, the sewer, water, storm water, and street systems to allow continuity and
reliability of these systems as they are designed and constructed in phases. Included
with this proposal is a separate estimate to complete an EA W if it is necessary. This
proposal also now includes topographic survey work.
· We are working with the Public Works department to shape a pond and ditch
maintenance policy/plan and annual budget.
- End U/memo-
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SUBDIVISIONIDEVELOPMENT AGREEMENT
Clearwater Creek Estates
THIS SUBDIVISION AGREEMENT ("Agreement") dated . 2007 by
and between the CITY OF CENTERVILLE, a Minnesota municipal corporation ("City"), and
Jeff and Laura RBn7.a1 (the "Developer").
1. REQUEST FOR PLAT AND DEVELOPMENT APPROVAL. The
Developer has asked the City to approve a final plat and Development for Clearwater Creek
Estates 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 DEVELOPMENT APPROVAL. The City hereby
approves the final 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 final Plat. If the final 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) days expire, and is
approved by the City Council.
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,
Hanzal Development Agreement v91.docHanll!a:l Devslapmeat A~ '198
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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 has been received by the City, 3) the Plat has been recorded with the Anoka
County Recorder's Office, and 4) the City Administrator 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 required by applicable law or agreed to in writing by the City and the Developer.
Thereafter, notwithstanding anything in this Agreement to the contrary, to the full extent
permitted by 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.
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 but are incorporated by reference. If the Plans vary from the written terms of this
Agreement, the written terms shall control. The Plans are:
Hanzal Development Agreement v9l.docHa.rnsal Deyeleflmeat AgreemeRt 0,98
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Plan C -
Clearwater Creek Estates Addition final plat dated (pending
County review).
Final Grading and Erosion Control Plan dated prepared
by Plowe Engineering ("Grading Plan").
Stormwater Pollution Prevention Plan SWPPP dated
prepared by Plowe Engineering.
Tree Protection Plan dated prepared by Plowe
Engineering.
Plan A -
Plan B -
Plan D-
7. CITY INSTALLED IMPROVEMENTS. The City shall install and Developer
shall pay for the following improvements ("Public 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. Ponding as described in Bid Alternate #1 for the Old Mill Road Street
Improvement Project
The Developer hereby requests tha~ the City install the necessary Public Iimprovements
as described above (public Improvements A - F) to service the proposed development.
The City agrees to proceed pursuant to Minnesota Statutes Chapter 429, the Petition and
Petition for Improvement Special Assessment Agreement/Waiver of Hearing and Appeal
signed by Developer dated January 29, 2007, and to specially assess $186,944.43 of the
cost of said Public Iimprovements including 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.
8. DEVELOPER INSTALLED IMPROVEMENTS. The Developer shall install
and pay for the following improvements (the "Developer Improvements"): the Publie
Improvements and the Dcyelopa- Improvements are eolleetiYCly referred to herem as the
"Impr-oVv'ements").
Hanzal Development Agreement v91.docHanml De"/elepmeat Agreemeat Y98
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A. Site Grading /poOOing and Erosion Control
B. Private underground Utilities
C. Setting of Iron Monuments
D. Surveying and Staking
E. Street Lights
F. Signs and markers
G. Trees, sod, seed, landscaping
H. Ponding, excluding work included in "Public Improvements item 7. F ~
All Improvements (the Public Improvements and the Developer Improvements are
collectively referred to herein as the "Improvements") shall be installed in accordance with the
approved PlansCity Code; City standafd spceifieatieBs fer utilities and street eoastruetion; and
any other appropriate regulations or ordinances. The Developer shall submit plans and
specifications for any required Developer Improvements which shall have been prepared by a
oompetent registered professional civil engineer to the City for approval by the City's oonsulting
engineer, no changes may be made to the Plans without the City's express written consent. The
Developer shall obtain all necessary permits from other agencies before proceeding with
oonstruction of the Developer 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 Improvements meet the approved PlansCity stafiGards. In addition, the City may, at
the City's reasonable discretion and at the Developer's expense, have one or more City
inspectors and its engineer inspect the work on a full or part-time basis. The Developer may
provide City with its oonstruction 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, Rice Creek Watershed District, Army Corps of Engineers,
Hanzal Development Agreement v91.docHaiwal De'/elsflB\eat Agreemeat "/98
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Anoka County and/or any other governmental agency with applicable jurisdiction, so long as
their requirements are consistent with the Plans. The Developer's engineer shall provide for on-
site project management. The Developer or its engineer shall schedule a pre-construction
meeting at a mutually agreeable time in 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 Developer Improvements
and before the Security is released, the Developer shall supply the City 'Nith a oomplete set of
reprodl:leible "as eofl.Stru0ted" plaas for eaeh iImprE>"t'emeBt, aad mo eomplete sets ofbkle line "as
ooBStnleted" plans iB eleetroaie format .A..uteC.\D, >Ie .DWG, >Ie .DXF or >Ie. PDP file, all prepared iB
aeoordanee '.m City standards asiBg :\aoka Coanty N.'\D83 eoerdinates.. with "as constructed"
plans for each improvement. Before the Security for the completion of Developer 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 warrantees all Developer Improvements constructed by it
pursuant to this Agreement for a period of two years after submitting the "as constructed"
plansagainst poor materials aad faulty '.vorkmansmp.
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 permits (if any)
. NPDES Permit for GmdiBg S:Bd EmsieH. Coo1reIStorm Water Discharge
. MPCA for Hazardous Material Removal and Disposal
. DNR for Dewatering
. Rice Creek Watershed District Permits
. Wetland Conservation Act Permits
. City of Centerville for Building Permits
. City of Centerville Soil and Erosion Control Permits (Grading)
. City of Centerville Permits for Utilities such as gas, phone, electric, cable TV
Hanzal Development Agreement v9l.docHaooal De.telefl8'leat Agree8'leat v98
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10. TIME OF PERFORMANCE. The Developer shall install all Developer
Improvements set forth in the Plans by December I, 2008. Publie Improvements, 'With the
&XooptiOB of the final wear eourse ef asphalt OB streets shall be eompleted by Deeember 1, 2007.
The mal '.~ar eourse OB streets must be installed no later than Deeember 1, 2008. 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 posted by the Developer to reflect cost
increases and the extended completion date. Final wear eourse plaeemoot outside of this time
frame must have the \vrltten appro';aJ. 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
rCa!:lonably 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
Hanzal Development Agreement v91.docHa.nmJ Deyelel3meat Agreemeat ';<)8
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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 erosion control plans. The City will not unreasonably withhold permits.
The Developer shall require all subcontractors working on grading, structural exteriors or
who will moving vehicles across unimproved surfaces to comply with Centerville erosion control
standards. The Developer shall educate these subcontractors about the City standards and these
subcontractors 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
Security, 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 accepted
by the City. No structure shall be occupied until a final inspection of the grading is found to
match the "as constructed" grading plan.
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
Hanzal Development Agreement v91.docHIHlJ1llll Develepmem Ageem.eat ";98
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the level of effort needed to perform dewatering and store flow routing operations. All
dewatering 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 deb~s 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 daily inspect
streets and make sure they are swept clean of dirt and debris. Prior to any construction on the
Plat, the Developer shall identify in writing a responsible party for erosion control, street
cleaning, and street sweeping.
16. OWNERSHIP OF IMPROVEMENTS. Upon completion of the work-BllEi,
construction required by this Agreement, and approval by the City Engineer, the Public
Improvements ~ying 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. Notwithstanding anything
to the contrary in this Section 16, within sixty (60) days after Developer delivers a complete set
of reproch1eible "as constructed" plans and eleetronie format "as oonstructed" plans for the
Developer Improvements the City shall review said Developer Improvements and shall consent
to and accept the Developer Improvements and the work and construction required by this
Agreement or provide written notice to Developer of any defect or issue with said Developer
Improvements or work or construction that Developer is required to remedy under this
Agreement. Should City fail to respond within said sixty (60) day period, City shall be deemed
to have accepted all such Developer Improvements and all such work.
Hanzal Development Agreement v91.docHaBlIJ&! De-:elepmeat Agreement -,98
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17. CITY ENGINEERING, ADMINISTRATION AND CONSTRUCTION
OBSERVATION. Before the City signs.the final Plat, the Developer shall reimburse the City
for all of the City's out-of-pocket expenses incurred to the date of this Agreement, including
expenses incurred for, but not limited to, legal, planning and engineering services. Furthermore,
before the City signs the final Plat, the Developer shall deposit with the City a $10,000 cash
escrow for the City's future out-of-pocket expenses for legal, planning, engineering,
development agreement. compliance and inspection services. The Developer 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, payment of the special assessments levied to pay for the costs of the Public
Improvements, including interest and penalties, payment of the costs of all Developer
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
$ .00. The amount of the Security was calculated as follows:
19. CONSTRUCTION COSTS:
Cost of Developer Improvements, description:
a.
Lot access - gravel & silt fencing
~ Lots @ $500.00 each
$ 2,500.00
d.
Wetland protection markers
approximately Q @$150.00 each
$ 900.00
e.
Street sweeping
10 each@$250.00 each
$2,500.00
f.
,
Flushing of storm sewers, once per year until
all lots are built upon
$1,000.00
g. Shade trees (balled and burlapped) ~ per
lot or ~ per comer lot (10 Total) @ $250.00 per tree $ 2,500.00
Hanzal Development Agreement v91.docH&rn!al De':eleflm.eBt AgFeemeat ",98
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h. Grading! Mitigation! Erosion Control $
[Approximately 50,000.00] [Bids af6 eorning}
j. Final Grade/SodlCurhstop 6 @ $3.500.00 per 101$
[Approximately 21,000.00] (Bids are coming]
k.
Grading and sodding of outlots and boulevards
2,000 sf.x$0.50
$ 1,000.00
$ 1,000.00
$ 1,250.00
1.
Tele".ise Saaitary Se'.r."'er
m.
Install mailboxes 5 @$250
111ft.
Surveying, staking, setting of iron monuments-
$ 5,000.Oq
Subtotal
Guarantee of Special Assessments (3 yrs Installments)
$
$ 65,000.00
TOTAL COSTS
OTHER COSTS:
Additional requirements (50%)
$
$
TOTAL PROJECT SECURITIES
$
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, 2009, 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
after having given notice to the Developer of any violation of the terms 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, and if
any such breach has not been satisfactorily cured within seven (7) days of the notice being sent
Hanzal Development Agreement v91.docHanwll De":slepmeRt t..gfeemeat "198
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The notice and right to cure provisions shall be void if the Security will expire in less than thirty
(30) days, and in such case the City shall be allowed to proceed under the ''Emergency'' provisions
set forth in Section 23. If the Security is drawn down, the proceeds shall be used to cure the default
or held ~til 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 to the City
and Developer's contractors have been satisfied, with City approval the Security may be reduced
from time to time by ninety' percent (900.10) of the financial obligations that have been satisfied,
except in no event shall the security be reduced to an amount lower than the outstanding special
assessments on the property in the development. ~en percent (10%) of the Security. shall be
retained until all Public Improvements have been completed, all obligations to the City satisfied, and
the required "as constructed" plans have been reeeivedaccepted 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.
20. CLAIMS. In the event that the City receives claims from laborers, materialmen,
or others that work or materials have been provided subject to this Agreement for Developer
whereby 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. The Developer authorizes the
City 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. Upon such deposit, the Developer shall
assume responsibility for the claims, release the City from liability for the claims and authorize
the Court to dismiss with prejudice the City from any further proceedings as it pertains to the
claims, or the Security or Additional Security deposited with the District Court, except that the
Court shall retain jurisdiction to determine the City's attorneys' fees pursuant to this Agreement.
Hanzal Development Agreement v91.docHanool DeveleJ3meBt t\gFeemeat "/98
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Nothing in this paragraph shall diminish the Developer's duty to indemnify the City as stated
elsewhere in this Agreement.
21. SPECIAL PROVISIONS. The following special provisions shall apply to plat
development:
A. Park Dedication. Before the City signs the final Plat, the Developer shall
make a cash contribution of $18,000 in lieu of land dedication.
B. Trail Easement. Developer shall provide in a form and description
acceptable to City, an executed easement for the dedication of a trail along the northerly
portion of the property which will permit a future east-west trail through the property.
C. Mailboxes. Developer shall provide and install mailboxes to serve all lots
in the Plat. Developer shall provide a plan showing locations and installation details.
Mailboxes shall be of high quality.
D. 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
277,044.0 sq. ft.
x $0.05739 per sq. ft.
$15,900.00
All drainage fees must be paid in full in cash upon execution of this Agreement.
E. Record Construction Drawings. All plats, plans and record construction
drawings for Developer 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$219.00 (6 lots x $36.50).
F. PlanEleetronie Formats. The Developer shall submit all plans to the City
in both hardcopy and in the fiaal Plat in electronic formats. Three (3) copies of full-size
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12
and three (3) copies of half-size paper copies shall be submitted. The electronic format
shall be either ..A,.ateC.\.D, >Ie .DWG file or a >Ie .DXF file using Anoka County NAD83
coordinates. The Developer shall also submit one complete set ef the reeeroed mylar( s)
ftftEl-in a >Ie .PDF file of the Plat.
G. 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 dated December 4, 2006
22. RESPONSmILITY FOR COSTS & LIABILITY.
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, including 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, Plans, or any action or inaction by the Developer, including but
not limited to, the private agreements between the Developer and local residents related to
payment of assessments. 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.
Hanzal Development Agreement v91.docHanml De':elel3meat t\gFeemeBt '198
13
C. The Developer shall reimburse the City for costs incurred in the
enforcement of this Agreement or in making a claim against the Security, including engineering
and reasonable attorneys' fees.
D. The Developer shall pay, or cause to be paid whep. 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
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 the 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 $10,000.00 escrow account, identified 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. Additionally, at its discretion, the City may draw
down the Security or Additional Security to pay overdue bills as set forth in Section 18 of this
Agreement. Bills not paid within thirty (30) days shall accrue interest at the rate of eighteen
percent (18%) per year.
23. DEVELOPER'S DEFAULT. 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 as set forth in Section 19. 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 as a lien against the Land and/or draw down the Security, at its sole discretion.
Banzal Development Agreement v91.docHarn1iaJ Diwele~mellt Agreemeat y98
14
24. MISCELLANEOUS.
A. Third parties shall have no recourse against the City under this Agreement,
and 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.
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, or phrase
of this Agreement is for any reason held invalid, such decision shall not affect the validity of the
remaining portion of this Agreement.
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
one (1) single-family model home on lots in Clearwater Creek Estates, upon the City's receipt of
the certified "as constructed" grading plan and subsequent to execution of a contract by the City
for the Public Improvements. Bai.ldmg permits fer neB meael homes may be issued after
iastallatioB of p1:1blie 1:1tilities to the lot and iastallatioR of elass 5 aggregate base and eOflerete
emb aBd gutter to the street.
E. If building permits are issued prior to the completion and acceptance of
Public Improvements, the 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
-
Hanzal Development Agreement v91.docHlHW8:I De,:elepmeat f.gFeemeBt v98
15
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 recorded 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
there are no unrecorded interests in the property being developed; and that the 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 Developer 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 for each occurrence; limits for property
damage shall be not less than $500,000 for each occurrence; or a combination single limit policy
of $1,000,000 or more. The City shall be named as an additional 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)
Hanzal Development Agreement v9] .docHll:llWN De'Jelapmeat :'.greemeat ,,98
16
days advance written notice of the cancellation of the insurance. The certificate of insurance
shall substantially comply with the form attached hereto as Exhibit C.
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 be exercised from time to
time as often and in such order as may be deemed expedient by the City and shall 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.
K. Attached as Exhibit D 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: Jeff & Laura Hanzal, 7381 Old Mill Road, Centerville,
MN 55038. 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.]
HanzaI Development Agreement v91.docHanml Deyelel3meBt :\greemeAt -;98
17
L____
SIGNATURE PAGE TO SUBDMSIONIDEVELOPMENT AGREEMENT
CLEARWATER CREEK ESTATES
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
2007, 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
Hanzal Development Agreement v91.docHamJal Dev~laflmeat J\gfeemeRt ...98
18
SIGNATURE PAGE TO SUBDIVISIONIDEVELOPMENT AGREEMENT
CLEARWATER CREEK ESTATES
DEVELOPER:
BY:
Jeff Hanzal
BY:
Laura Hanzal
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this
2007, by JeffHanzal and Laura Hanzal.
day of
NOTARY PUBLIC
Hanzal Development Agreement v91.docHan2aI DEl'lela~ f..greemeBt .,98
19
MORTGAGEE CONSENT TO SUBDIVISIONIDEVELOPMENT AGREEMENT
CLEARWATER CREEK ESTATES
, which holds mortgage(s) on the subject
property, the development of which is governed by the foregoing Development/Subdivision
Agreement, agrees that the Agreement shall remain in full. force and effect even if it forecloses
on its mortgage(s).
Dated this _ day of
, 2007
MORTGAGEE
By:
Its:
STATE OF MINNESOTA )
( ss.
COUNTY OF )
The foregoing instrument was acknowledged before me this _ day of
2007by , the
of , on behalf of
NOTARY PUBLIC
Hanzal Development Agreement v9l.docHanmI Deyelsl'meRt .A.greemeBt \'98
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EXHIBIT " A"
TOSUBDIVISIONIDEVELOPMENT AGREEMENT
CLEARWATER ESTATES
Lemd Description of Pronertv Heinl! Develoned. situated in Anoka Countv. Minnesota:
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21
EXHIBIT "B"
TO SUBDIVISION.DEVELOPMENT AGREEMENT
Clearwater Creek Estates
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Centerville
1880 Main Street
Centervi1le, 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
, available to you by your draft
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No.
,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)
November 30, 2006
. on or before 4:00 p.m. on
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 of
each year), the Bank. delivers written notice to the Centerville City Administrator that it intends
to modify the terms of, or cancel, this Letter of Credit. Written notice is effective if sent by
certified 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, Centervi1le
City Hall, 1880 Main Street Centerville, MN 55038, and is actually received by the City
Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding 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 Credit is not assignable. This is not a Notation Letter of Credit. More than
one draw may be made under this Letter of Credit.
Banzai Development Agreement v91.docHIWJIl:I De\'Ellel3mem t\greemeBt y98
22
.
.
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. 500.
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.
Hanzal Development Agreement v91.docHanwll Dtwelepm.em ~''.greem.eRt '1198
23
EXHIBIT "C"
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.
E:ffective Date: Expiration Date:
Insurance Company:
COVERAGE - Workers' Compensation, Statutory.
GENERAL LIABILITY:
Policy No.
E:ffective Date: Expiration 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:
$500,000 for each occurrence
-OR-
Combination Single Limit Policy
$1,000,000 or more
COVERAGE PROVIDED:
Operations of Contractor: YES
Operations of Sub-Contractor (Contingent): YES
Does Personal Injury Include Claims Related to Employment? YES
Completed Operations/Products: YES
Contractual Liability (Broad Form): YES
Governmental Immunity is Waived: YES
Hanzal Development Agreement v91.docHIlll>W Develof)ffieat f.greemeat ...98
24
Property Damage Liability Includes:
Damage Due to Blasting YES
Damage Due to Collapse YES
Damage Due to Underground Facilities YES
Broad Form Property Damage YES
AUTOMOBILE LIABILITY:
Policy 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 DATE THEREOF, THE ISSUING COMPANY WILL MAIL TEN
(10) DAYS WRI'ITEN NOTICE TO THE PARTIES TO WHOM THIS CERTIFICATE
IS ISSUED.
Dated at
On
BY:
Authorized Insurance Representative
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25 .
EXHIBIT "D" TO SUBDIVISIONIDEVELOPMENT AGREEMENT
CLEARWATER ESTATES
CHECKLIST
Before the City signs the final plat, the following must be delivered to the City Administrator:
1. Fully executed Development/Subdivision Agreement
2. Cash payments
a. All out-of-pocket expenses paid in full, at least through the date of City
Council approval of the development [section 17]
b. $18,000 in lieu of remaining park land dedication [section 20.A]
c. $15,900 for drainage fees [section 20.D]
d. $219 for City base map upgrading [section 20.E]
3. Cash escrow/letter of credit
a. $10,000 cash escrow [section 17]
b.
$
. Letter of Credit [section 18]
4. Certificate of insurance [section 24.H]
5. Easement for trail 20. B
Hanzal Development Agreement v91.docHalmtl Development .A.greement ';98
26
EXHIBIT E
SPECIAL ASSESSMENT AGREEMENT
WAIVER OF HEARING AND APPEAL
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EXHIBIT 1 to
SPECIAL ASSESSMENT AGREEMENT
WAIVER OF HEARING AND APPEAL
PTID#143122310014
Registered Land Survey #048 consisting of 4.6 acres
Hanzal Development Agreement v91.docHI1IllIl&l De....eleJ3meat :\~meflt "198
28
,"
REAL ESTATE. PURCHASE AGREEMENT
This Agreement is made and entered into this _ day of
, 2007, by and
between Dennis C. Shudy ("Seller"), and City of Centerville, a municipal corporation ("Buyer").
In consideration of the representations, warranties, covenants and agreements of the
parties set forth in this Agreement, the parties hereby mutually agree as follows:
1. Purchase and Sale of ProPerty. Seller agrees to sell, convey, assign, transfer and
deliver to the Buyer, and Buyer agrees to purchase, acquire and take from Seller, all right, title
and interest in and to the following described property:
(a) All that real property located in the City ofCenterville, County of Anoka, State of
Minnesota, legally described on Exhibit A attached hereto and made part hereof,
and as shown on the drawing attached hereto as Exhibit B and made a part hereof,
together with all hereditaments and appurtenances thereunto belonging or
appertaining, and all buildings, improvements and fixtures situated thereon (the
"Subject Premises");
(b) All fixtures and equipment now located on the Subject Premises, owned by seller,
and used or useful in connection with and for the occupancy, management,
maintenance, and/or operation of the Subject Premises, including all
improvements to be completed pursuant to Paragraph 9 of this Agreement (the
"Personal Property"); and
The Property described in subparagraph (a) and (b) hereof is sometimes hereinafter
collectively called the "Property".
2. Price. The purchase price (the "Purchase Price") to be paid by Buyer to Seller for
the Property shall be equal to One Million Four Hundred Thousand and No/lOO ($1,400,000.00)
and shall be paid by Buyer to Seller in the following manner:
(a) $2,000 has been previously paid to Seller pursuant to an Option Agreement
entered into by the Parties on June -' 2007.
(b) $10,000 to be paid directly to Seller upon the execution and filing of this
Agreement to be used by Seller for expenses relating to improvements to the
Property. Seller may continue to draw upon. the escrow funds referred to in
. .
subdivision ( c) of this section in an amount up to $10,000. The funds shall be
used for expenses relating to improvements to the Property and may be released
to Seller after providing Buyer with satisfactory documentation and upon Buyer
providing written autIiorization to Title Company to release funds.
(c) $288,000.00 in cash to be paid into an escrow account upon the execution and
filing of this Agreement. The funds will be held at Centerstone Title, pursuant to
an Escrow Agreement in the form attached as Exhibit C. Seller shall be allowed
to draw upon the funds from the escrow account for expenses relating to the
Property, after providing written notice to the Buyer of his intent to draw upon the
funds. Buyer may, at its discretion, refuse to allow the Seller to draw funds from
the escrow account until it is provided documentation satisfactory to Buyer
indicating the proposed use of the funds to be drawn from the account. Funds
shall not be released from the escrow account by Centerstone Title until it
receives written authorization from the Buyer and Seller complies with the terms
and conditions of the Escrow Agreement. Concurrent with the execution of this
Agreement, Seller shall execute a mortgage in favor of. Buyer securing this
payment, in the form set forth as attached in Exhibit D. The mortgage will be
satisfied at the time of closing upon the compliance by Seller with the terms of
this Agreement;
(d) $1,100,000.00 by wire transfer in immediately available funds payable to Seller at
the time of closing.
3. Contingencies. Buyer's obligations pursuant to this Agreement are contingent
upon each of the following:
(a) Buyer receiving, on the Date of Closing, title insurance coverage effective as of
the Date of Closing in the form and content required by Paragraph 6 hereof.
(b) All warranties and representations of Seller hereunder being true and correct as of
the date hereof, and on the Date of Closing.
(c) Buyer obtaining satisfactory results of any tests or inspections described in
Paragraph 9 hereof, including the Environmental Report.
If any of the foregoing contingencies has not been satisfied or waived on or before the
Date of Closing, except as expressly provided otherwise herein, then this Agreement may be
terminated, at Buyer's option, by written notice to Seller given on the Date of Closing. Upon
written notice of termination, neither party shall have any further rights or obligations with
. .
respect to this Agreement or the Property, except as provided for in this Agreement. If no such
notice is given on the Date. of Closing, such contingency shall be deemed satisfied and this
transaction shall close in accordance with the terms:hereof.
4. Closing. The closing of the transaction contemplated by this Agreement shall
occur on or before November 1,2007 (the "Date of Closing"). The closing shalltake place in
the office of the title insurance company designated in Paragraph 6 at a time to be determined.
Seller agrees to deliver possession of the Property to Buyer on the Date of Closing.
(a) Seller's Closing Documents. On the Date of Closing, Seller shall execute and
deliver to Buyer the following:
(i) A warranty deed conveying fee title to the Property, free and clear of all
liens, charges and encumbrances;
(ii) A warranty bill of sale conveying the Personal Property, if any, to Buyer,
free and clear of all liens, charges and encumbrances;
(Hi) Copies of all site plans, blueprints, plans, surveys, specifications, manuals,
environmental studies, warranties and guaranties relating to the Property
which are in the possession of Seller or its agents, and a transfer and
assignment thereof;
(iv) Affidavits indicating that, on the Date of Closing, there are no outstanding
unsatisfied judgments, tax liens or bankruptcies against or involving Seller
or the Property, that there has been no skill, labor or material furnished to
the Property at the request of Seller for which paYment has not been made
or for which mechanics' liens could be filed, and that there are no other
unrecorded interests in the Property of any kind, together with whatever
standard owner's affidavit may be required by the title insurance company
insuring title;
(v) All other documents affecting title to and/or possession of the Property
and necessary or convenient to transfer the same to Buyer under
Minnesota law or practice;
(vi) Owner's duplicate certificates of title for any part of the Property that is
registered property, and a currently certified abstract of title to any part of
the Property that is unregistered property;
(vii) A non-foreign affidavit, properly executed and in recordable form,
containing such information as is required by Internal Revenue Code
Section 1445(b )(2) and its regulations;
(viii) A well certificate in the form required by Minnesota Statutes Section
1031.235.
(ix) An affidavit with respect to storage tanks pursuant to Minnesota Statutes
Section 116.48.
(b) Closing. Seller and Buyer shall each pay one-half of any amount associated with
the closing of this transaction, excepting such items as state deed taxes and filing
and recording fees that are customarily paid by the Seller.
5. Survey. Seller shall provide to Buyer at Seller's expense a current "as-built"
survey of the Property, showing access, easements, buildings, improvements, parking areas,
encroachments, utility lines and all other information generally included in a survey of
commercial real property, together with the legal description of the Property, currently certified
to Buyer and to the title insurance company referred to in Paragraph 6 hereof. Buyer reserves the
right to make written objections to marketable title based upon said survey within 15 days after it
receives the title commitment described in Paragraph 6 below. Any such objections to title shall
have the same effect as objections to title raised by Buyer under Paragraph 6 hereof.
6. Title Examination. Within a reasonable time after acceptance of this Agreement,
Seller shall furnish Buyer with an Abstract of Title or a Registered Property Abstract certified to
date including proper searches covering bankruptcies and State and Federal judgments, liens, and
levied and pending special assessments. Buyer shall have 15 business days after receipt of the
abstract of title or registered property abstract, at Buyer's own expense, to make an application
for a title insurance policy and notify Seller of the application. Buyer shall have 15 business
days after receipt of the commitment for title insurance to provide Seller with a copy of the
commitment and written objections. Buyer shall be deemed to have waived any title objections
not made within the applicable I5-day period set forth above, except that this shall not operate as
a waiver of Seller's covenant to deliver a warranty deed. If any objections to title are not made
and Seller notified, all as herein provided, within the aforementioned I5-day period, such
objections shall be deemed waived, but such waiver shall not negate the obligation of Seller to
convey the Property by warranty deed and warranty bill of sale, subject to the objections so
waived, or negate any of the warranties to be contained in the same. If any objections to title are
made, Seller shall be allowed 30 days to cure said objection. If any of the objections remain
uncured after the 30-day period, then the Buyer,. in its discretion, may allow Seller up to an
additional 30 days to cure objections deemed by the Buyer to be curable. The closing shall be
postponed until the time for curing objections has expired. If title is not marketable and is not
made so within the time allowed for curing objections, Buyer may: (i) terminate this Agreement;
or (ii) waive any remaining and proceed to close. All costs of the title insurance commitment
and the premium on the policy shall be paid by Buyer.
7. Real Estate Taxes and Special Assessments. General real estate taxes and
installments for special assessments payable in the year in which Closing occurs shall be paid by
Seller as of the Date of Closing. Buyer shall be responsible for the payment of all real estate
taxes and installments of special assessments due in all years following the year in which the
Date of Closing occurs.
8. Operation Prior to Closing. Seller may not from the date hereof through the Date
of Closing, enter into any lease, contract or other agreement regarding any of the Property, or in
any way encumber the Property, without Buyer's prior written consent. Seller agrees to permit
Buyer and its agents access to the Property to conduct such inspections, surveys and tests of the
Property as Buyer chooses. Buyer shall given Seller reasonable advance notice of when it
requires access, and shall return the Property to the condition existing before such inspections,
surveys or tests.
9. Improvements to Property to be Completed Prior to Closing. As part of the
consideration for the purchase of the Property, Seller agrees to complete the improvements to the
Property in accordance with the Plans and Specifications attached to this Agreement as Exhibit
E. In addition, Seller agrees to complete the following "Building Extras" at no additional cost to
the Buyer:
BUILDING EXTRAS
ARCHITECTURAL FEES FOR CHANGES
RICE CREEK., METRO ENGINEERING
OVEN,SINK.,FRIG,MICRO,CABINETS
MOP SINK IN SHOP
MIRRORS ON CORNERS,3
LOCKERS,8
AIR COMPRESSOR
PRESSURE WASHER
GARAGE DOOR OPENERS,9
FIRE EXTINGUISHER CABINETS,4
ROOF HATCH
ROOF LADDER
POWER GATE WITH TEN REMOTES
WINDOW BLINDS
CANOPY OVER EXIT DOORS
ROOF DRAIN UNDERGROUND PIPE
CEILING PAINTING IN SHOP AND MEZZ.
OUTSIDE OF BUILDING PAINTING
SECURITY ON DOORS AND MOTION SENSOR
EXTERIOR LIGHTING, FLAGPOLE LIGHT,
POWER GATE WlRING,GARAGE DOOR WIRING,
CAT-6 WlRING,PHONE WIRE,FRONT CANOPY LIGHT,
EXTRA OFFICE OUTLETS, -Total Lighting and Electrical
650 YDS CLASS 5 STOCKPILED
MOVE BARRIERS FROM OLD SITE
AIR LINES AND REELS
OFFICE CABINETS,COUNTER
BLOCK UP DOOR ON WEST SIDE
4,250
2,000
5,000
500
500
1,250
5,260
5,785
8,500
229
1,500
500
5,000
1,500
1,000
3,500
11 , 183
10,530
3,000
25,000
13,000
500
500
3,000
1,000
TOTAL
$113,987
Seller agrees that the above listed building extras shall be supported by contractor bids or quotes
identifying the price. Upon completion, Seller shall provide copies of all paid invoices showing
that the above identified work has been completed and paid for in full. Seller shall provide
Buyer with all lien waivers in connection with the construction of the improvements to the
Property .
10. Permits and/or Licenses. Seller shall be responsible for securing all necessary
permits and/or licenses required to construct the improvements on the Property and Seller shall
be solely responsible for payment of costs associated in securing such permits and/or licenses.
11. Inspection and Approval of Improvements to Property. Seller agrees to complete
all improvements to the Property pursuant to the satisfaction and approval of the Buyer. Seller
understands that all improvements are subject to inspection and approval by the City Building
Inspector and must comply with all city, state and federal building rules and regulations. Seller
agrees that all goods and materials used to complete the improvements to the Property shall be
new.
12. Completion of Improvements to Property. Seller agrees that all improvements to
. the Property as set forth in Section 9 of this Agreement shall be completed no later than
November 1, 2007. No extension of time shall be allowed unless agreed upon in writing
between the Parties. If all improvements are not completed by this date, the Buyer, at its
discretion, can arrange for the remainder of the improvements to be completed by independently
selected contractors and the costs for the completion of the remaining improvements will be
deducted from any amounts owed the Seller at the time of Closing. Seller agrees to provide a
two year structural warranty and a one year mechanical and electrical warranty for the
improvements on the Property.
13. Property Insurance.
(a) Insured Risks and Amounts. Seller shall keep all buildings, improvements and
fixtures now or later located on or a part of the Property insured against loss by
fire, lightning and such other perils as are included in a standard "all risk"
endorsement, and against loss or damage by all other risks and hazards covered by
a standard extended coverage insurance policy, including without limitation,
vandalism, malicious mischief, burglary, theft and, if applicable, steam boiler
explosion. Such insurance shall be in an amount no less than the full replacement
cost of the buildings, improvements and fixtures, without deduction for physical
depreciation. If any of the buildings, improvements or fixtures are located in a
federally designated flood prone area, and if flood insurance is available for that
area, Seller shall procure and maintain flood insurance in amounts reasonably
satisfactory to Buyer.
(b) Other Terms. The insurance policy shall contain a loss payable clause in favor of
Buyer which provides that Buyer's right to recover under the insurance shall not
be impaired by any acts or omissions of Buyer or Seller, and that Buyer shall
otherwise be afforded all rights and privileges customarily provided a mortgagee
under the so-called standard mortgage clause.
(c) Notice of Damage. In the event of damage to the Property by fire or other
casualty, Seller shall promptly give notice of such damage to Buyer and the
insurance company.
(d) Application of Insurance Proceeds. If the Property is damaged by fire or other
casualty, the insurance proceeds paid on account of such damage shall be applied
to payment of the amounts paid by Buyer to Seller under this Agreement.
14. Injury or Damage Occurring on the Prol'erty.
(a) Liability. Buyer shall be free from liability and claims for damages by reason of
injuries occurring on or after the date of this Agreement to any person or persons
or property while on or about the Property. Seller shall defend and indemnify
Buyer from all liability, loss, costs and obligations, including reasonable
attorneys' fees, on account of or arising out of any such injuries.
(b) Liability Insurance. Seller shall, at Seller's expense, procure and maintain
liability and builder's risk insurance against claims for bodily injury, death and
property damage occurring on or about the Property in amounts reasonably
satisfactory to Buyer and naming Buyer as an additional insured. Seller shall also
procure worker's compensation insurance as required by law and provide Buyer
with evidence of such insurance.
15. Environmental Testing. At all times prior to the Closing, Buyer and its agents
shall have the right, upon reasonable notice to Seller, to go upon the Property to conduct such
inspections and tests as Buyer shall deem appropriate to determine that the Property is free from
any Hazardous Substances as defined in Paragraph 10(k) hereof, and is in full compliance with
all federal, state and local environmental laws and regulations. At Buyer's discretion, such
inspections and test may include Phase I and Phase IT environmental reports (the "Environmental
Report"), Seller's soils and/or geotechnical reports certified to Buyer. Buyer agrees to indemnify
and defend Seller from, and to hold the Seller harmless against any and all claims, causes of
action or expenses, including attorneys fees, relating to or arising from Buyer's presence on the
Property prior to the Closing. Buyer agrees to repair any damage to the Property caused by such
inspections and to return the Property to substantially the same condition as existed prior to
Buyer's inspection.
16. Agreements. Representations and Warranties by Seller. Seller agrees, represents
and warrants as follows:
(a) The individuals executing this Agreement on behalf of Seller have the requisite
authority to execute this Agreement and such other documents as are
contemplated or to be delivered by Seller herein, and to bind Seller thereto; and
Seller has the full and complete authority to sell the Property;
(b) Seller is not a foreign person, foreign partnership, foreign trust or foreign estate as
those terms are defined in Section 1445 of the Internal Revenue Code;
(c) There have been no bankruptcy or dissolution proceedings involving Seller during
the time in which Seller has had any interest in the Property; there are no
unsatisfied judgments or state or federal tax liens of record against Seller; and no
labor or materials have been furnished to the Property for which payment has not
. been made;
(d) There are no unrecorded mortgages, contracts, purchase agreements, options,
leases, easements or other agreements or interest relating to the Property and there
are no persons in possession of any portion of the Property except as may be
disclosed by the Title Evidence;
(e) To Seller's actual knowledge, there are no encroachments or boundary line
questions affecting the Property, except as may be disclosed by the Title
Evidence;
(t) To Seller's actual knowledge, the Property is not in violation of any statute, law,
ordinance or regulation, and there is no action, litigation, governmental
investigation, condemnation or administrative proceeding of any kind pending or,
to Seller's best knowledge, threatened, against or involving any portion of the
Property;
(g) Seller is not in default in the performance of any of Seller's obligations under any
purchase agreement, easement agreement, covenant, condition, restriction or other
instrument relating to the Property;
(h) To Seller's knowledge, either (a) there are no wells on the Property, or (b) all
wells located on the Property have been capped as required by Minnesota law, a
completed Minnesota Well Disclosure Statement has been delivered to Buyer by
Seller, and no such wells are conwminated, or are constructed or maintained in
such a manner that their continued use or existence endangers ground water
quality or is a safety or health hazard; and
(i) To Seller's knowledge, there are no underground or above ground storage tanks
of any size or type located on the Property nor any Hazardous Substances
(defined below) located on the Property in violation of applicable governmental
requirements, and the Property has not been used. in connection with the
generation, disposal, storage, treatment or transportation of Hazardous Substances
in violation of applicable governmental requirements. For purposes of this
Agreement, the term "Hazardous Substances" includes but is not limited to
substances defined as "hazardous substances," "toxic substances," "hazardous
wastes," "pollutants" or "contmninants" under federal or Minnesota law. The
term "hazardous substance" shall also include asbestos, polychlorinated
biphenyls, petroleum, including crude oil or any fraction thereof, petroleum
products, heating oil, natural gas, natural gas liquids, liquefied natural gas, or
synthetic gas useable for fuel (or mixtures of natural gas and synthetic gas).
Wherever reference is made in this Agreement to the "knowledge" of the Seller, such term
means the actual knowledge of the Seller, or any knowledge that should have been known by the
Seller upon reasonable inquiry.
17. Representations and Warranties of Buver. Buyer warrants and represents to Seller
that Buyer is a municipal corporation under the laws of the State of Minnesota; that Buyer has
the requisite municipal power and authority to enter into this Agreement and all documents set
forth and/or contemplated by this Agreement; that the performance by Buyer of this Agreement
is a valid and binding obligation of Buyer enforceable in accordance with its terms.
18. Indemnification.
(a) Seller. Notwithstanding any provision herein to the contrary, if a closing occurs
under this Agreement, Seller shall indemnify Buyer, its successors and assigns,
against, and shall hold Buyer, its successors and assigns, harmless from any loss,
cost, expense or damage, including reasonable attorney fees, directly arising out
of or resulting from the breach of any of the agreements, representations and
warranties of Seller contained in this Agreement, whether such loss, expense or
damage arises before or after closing.
(b) Buyer. Buyer shall indemnify Seller, its successors and assigns, against, and shall
hold Buyer, its successors and assigns, harmless from any loss, cost, expense or
damage, including reasonable attorney fees, directly arising out of or resulting
from the breach of any of the representations and warranties herein contained,
whether such breach is discovered before or after closing.
19. Assignment. Seller may not assign its rights under this Agreement before or after
the Date of Closing without the prior written consent of Buyer. Any such assignment will not
relieve Seller of its obligations under this Agreement.
20. Survival. All of the terms, covenants, conditions, representations and warranties
of this Agreement shall survive and continue in full force and effect and shall be enforceable
after the closing and after conveyance of the Property to Buyer.
21. Notices. Any notice or election required or permitted to be given or served by
any party hereto, to or upon any other party, shall be deemed given or served in accordance with
the provisions of this Agreement if said notice or election is delivered personally or mailed in a
sealed wrapper by United States certified mail, return receipt requested, postage prepaid,
properly addressed as follows:
If to Seller:
City of Centerville
Attn: Dallas Larson
1880 Main: Street
Centerville, MN 55038
If to Buyer:
Dennis Shudy
6795 20th Avenue South
Lino Lakes, MN 55038-8743
Each such mailed notice or election shall be deemed to have been given to, or served upon, the
party to which the notice is addressed on the date the same is deposited in the United States
certified mail, return receipt requested, postage prepaid, properly addressed in the manner above
provided. Either party hereto may change its address for the service of notice hereunder by
delivering written notice of said change to the other party hereto, in the manner above specified,
at least ten (10) days prior to the effective date of said change.
22. Captions. The paragraph headings or captions appearing in this Agreement are
for convenience only, are not a part of this Agreement and are not to be considered in
interpreting this Agreement.
23. Entire Agreement. Modification. This Agreement constitutes the entire
agreement between the parties hereto with respect to the Property and supersedes any prior oral
or written agreements between the parties with respect to the Property. It is expressly agreed that
there are no verbal understandings or agreements that in any way change the terms, covenants
and conditions herein set forth, and that no modification of this Agreement and no waiver of any
of its terms and conditions shall be effective unless made in writing and duly executed by the
parties hereto.
24. Binding Effect. All covenants, agreements, representations, warranties and
provisions of this Agreement shall be binding upon and shall inure to the benefit of the parties
hereto and their respective successors and permitted assigns.
25. Controlling Law. This Agreement has been made and entered into under the laws
of the State of Minnesota, and said laws shall control the interpretation hereof.
26. Time. Time is of the essence of this Agreement.
27. Default. If Buyer defaults und(!l' this Agreement, Seller may terminate this
Agreement. The termination of this Agreement shall be the sole remedy available to Seller for
such default by Buyer, and Buyer shall not be liable for damages or specific performance. If
Seller defaults under this Agreement, this provision does not preclude Buyer from seeking and
recovering. from Seller specific performance of this Agreement.
28. Counterparts. This Agreement may be executed in several counterparts, each of
which shall be an original and all of which shall constitute but one and the same instrument.
IN WITNESS WHEREOF, the parties hereto have caused this Agreement to be executed
as of the day and year first above written.
SELLER
BUYER
CITY OF CENTERVILLE
By:
Dennis Shudy
Its Mayor
By:
Its City Administrator
STATE OF MINNESOTA
COUNTY OF ANOKA
} S&
The foregoing was acknowledged before me this _ day of
20----, by
NOTARIAL STAMP OR SEAL (OR OTIIER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
STATE OF MINNESOTA
COUNTY OF ANOKA
} ~
The foregoing was acknowledged before me this _ day of
20----, by
NOTARIAL STAMP OR SEAL (OR OTIIER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTIIER OFFICIAL
Check here ifpart or all of the land is Registered (Torrens) 0
EXHIBIT A
Legal Description of the Property
Parcell
The East 410 feet of the South 205 feet of the SW 1/4 of the SW 1/4 of section 24,. Township 31, Range 22,
Anoka county, Minnesota, together with an easement over that part of the south 20 feet of the SW 1/4 of the
SW 1/4 of Section 24, Township 31, Range 22, lying between the point where the south line of Section 24
intersects county Road 54, commonly known as Cedar Street and the west line of the above described
property. This easement shall be effective only in the event that the grantees herein have no other access to
said County road from the property conveyed herein.
Parcel 2
The East 410 feet of the South 345 feet of the SW 1/4 of the SW 1/4 of Section 24, Township 31, Range 22,
Anoka County, Minnesota, except the south 205 feet.
Abstract property
CenterviIle, Minnesota
County of Anoka
EXHIBIT B
Drawing of the Property
EXIDBIT C
Escrow Agreement
EXHIBIT D
Mort~age Document
MORTGAGE
.
,
By Individual
(reserved for mortgage registry tax payment data)
MORTGAGE REGISTRY TAX DUE HEREON:
(reserved for recording data)
$
TIllS lNDENTURE, Made this _ day of ----' 2007, between Dennis C. Shudy, an individual
(''Mortgagor''), and City of Centerville, a municipal corporation (''Mortgagee'').
WITNESSETH. That Mortgagor, in consideration of the sum of THREE HUNDRED THOUSAND
DOLLARS ($300,000) to Mortgagor provided by Mortgagee, pursuant to the terms of a Purchase
Agreement dated . 2007, the receipt whereof is hereby acknowledged, does hereby convey
unto Mortgagee, forever, real property in Anoka County Minnesota, described as follows:
Parcell
The East 410 feet of the South 205 feet of the SW 1/4 of the SW 1/4 of section 24,. Township 31, Range 22, Anoka
county, Minnesota, together with an easement over that part ofth~ south 20 feet of the SW 1/4 of the SW 1/4 of Section
24, Township 31, Range 22, lying between the point where the south line of Section 24 intersects county Road 54,
commonly known as Cedar Street and the west line of the above descnbed property. This easement shall be effective
only in the event that the grantees herein have no other access to said County road from the property conveyed herein.
Parcel 2
The East 410 feet of the South 345 feet of the SW 1/4 of the SW 1/4 of Section 24, Township 31, Range 22, Anoka
County, Minnesota, except the south 205 feet
Abstract property
Centerville, Minnesota
County of Anoka
together with all hereditaments and appurtenances belonging thereto (the Property).
TO HAVE AND TO HOLD THE SAME, to Mortgagee forever. Mortgagor covenants with Mortgagee as
follows: That Mortgagor is lawfully seized of the Property and has good right to convey the same; that the Property is
free from all encumbrances, except as follows:
[1ist mortgages]
that Mortgagee shall quietly enjoy and possess the same; and that Mortgagor will warrant and defend the title to the
same against all lawful claims not hereinbefore specifically excepted.
PROVIDED, NEVERTHELESS, that the Mortgage will be satisfied at the time of closing upon the
compliance by Mortgagor with the terms of the Pmchase Agreement dated .2007.
AND MORTGAGOR covenants with Mortgagee as follows:
1. to pay all taxes and assessments now due or that may hereafter become liens against the Property before
penalty attaches thereto;
2. to keep all buildings, improvements and fixtw'es now or later located on or a part of the Property insured
against loss by ::fire, extended coverage perils, vandalism, malicious mischief and, if applicable, steam boiler
explosion, at all times while any amount remains unpaid under this Mortgage. If any of the buildings,
improvements or fixtures are located in a federally designated flood prone area, and if flood insurance is
available for that area, Mortgagor shall procure and maintain flood insurance in amounts reasonably
satisfactory to Mortgagee. Each insurance policy shall contain a loss payable clause in favor of Mortgagee
affording all rights and privileges customarily provided under the so-called standard mortgage clause. In the
event of damage to the Property by ::fire or other casualty, Mortgagor shall promptly give notice of such
damage to Mortgagee and the insurance company. The insurance shall be issued by an insurance company or
companies licensed to do business in the State of Minnesota and acceptable to Mortgagee. The insurance
policies shall provide for not less than ten days written notice to Mortgagee before cancellation, non-renewal,
termination, or change in coverage, and Mortgagor shall deliver to Mortgagee a duplicate original or
certificate of such insurance policies;
3. to pay, when due, both principal and interest of all prior liens or encumbrances, if any, and to keep the
Property free and clear of all other prior liens or encumbrances;
4. to commit or permit no waste on the Property and to keep it in good repair;
5. to complete forthwith any improvements which may hereafter be under course of construction on the
Property; and
6. to pay any other expenses and attorney's fees incurred by Mortgagee by reason of litigation with any third
party for the protection of the lien of this Mortgage.
In case of failure to pay said taxes and assessments, prior liens or encumbrances, expenses and attorney's fees
as above specified, or to insure said buildings, improvements, and fixtures and deliver the policies as aforesaid,
Mortgagee may pay such taxes, assessments, prior liens, expenses and attorney's fees and interest thereon, or obtain
such insurance, and the sums so paid shall be impressed as an additional lien upon the Property.
In case of default in any of the foregoing covenants, Mortgagor confers upon the Mortgagee and hereby
authorizes and empowers Mortgagee to foreclose this Mortgage by judicial proceedings or to sell the Property at public
auction and convey the same to the purchaser in fee simple in accordance with the statute, and out of the moneys
arising from such sale to retain all sums secured hereby, with interest and all legal costs and charges of such foreclosure
and the maximum attorney's fee permitted by law, which costs, charges and fees Mortgagor agrees to pay.
.
The terms. of this Mortgage shall run with the Property and bind the parties hereto and their successors in
interest.
IN TESTIMONY WHEREOF, Mortgagor has hereunto set its hand the day and year first
above written.
MORTGAGOR
Dennis C. Shudy
STATE OF MINNESOTA
} ss.
COUNTY OF ANOKA
The foregoing was acknowledged before me this _ day of
c. Shudy.
. 2007. by Dennis
TIllS INSTRUMENT WAS DRAFTED BY (NAME AND ADDRESS):
Steven Burstein
510 First Avenue North
. Suite 610
Minneapolis, MN 55403
SIGNATURE OF PERSON TAKING ACKNOWLEDGME
NOTARIAL STAMP OR SEAL (OR OTHER TITLE OR RA
FAILURE TO RECORD OR FILE THIS MORTGAGE
MAY AFFECT THE PRIORITY OF THIS MORTGAGE
.
EXHIBIT E
Plans and Specifications
22
o
,
.
ESCROW AGREEMENT
DATE:
PROPERTY LEGAL DESCRIPTION:
Parcell
The East 410 feet of the South 205 feet of the SW 1/4 of the SW 1/4 of section 24,. Township 31,
Range 22, Anoka county, Minnesota, together with an easement over that part of the south 20 feet
of the SW 1/4 of the SW 1/4 of Section 24, Township 31, Range 22, lying between the point where
the south line of Section 24 intersects county Road 54, commonly known as Cedar Street and the
west line of the above descn"bed property. This easement shall be effective only in the event that
the grantees herein have no other access to said County road from the property conveyed herein.
Parcel 2
The East 410 feet of the South 345 feet of the SW 1/4 of the SW 1/4 of Section 24, Township 31,
Range 22, Anoka County, Minnesota, except the south 205 feet.
Abstract property
Centerville, Minnesota
County of Anoka
1. The City of Centerville ("Buyer") will deposit the sum of $288,000.00 with
Centerstone Title, who will receive and hold these funds solely as escrow agent under
the terms of this agreement
2. The escrow agent will receive a fee of $ from for its
services under this agreement
3. The escrow agent will hold these funds as assurance of Dennis C. Shudy's ("Seller")
performance ~f the following: Prior to closing, Seller shall comply with all
requirements of Purchase Agreement entered into by the Parties, including but not
limited to, the satisfactory completion of the improvements and Building Extras to the
Property.
4. On receipt of written notice from Buyer to the escrow agent, at Centerstone Title, stating
that full performance has been rendered, the escrow agent will disburse the funds as
follows: Escrow Agent shall disburse funds to Seller in the amount specified in writing
by Buyer. Escrow agent understands that multiple disbursements will occur prior to
closing. Escrow agent shall be responsible for obtaining lien waivers from Seller for
improvements to the Property prior to the release of funds for work performed by
contractors.
5. If any funds held under this agreement remain at the time of closing, those remaining
funds will be paid to Seller.
6. This agreement will terminate on the full performance by each of the parties of their
respective obligations hereunder; provided, however, that if the performance required by
paragraph 3 has not been rendered on or before , the escrow
agent will be entitled to disburse the funds to Buyer; and on such disbursement this
escrow agreement will terminate and the escrow agent will have no further obligation
under this agreement to either party.
SELLER
BUYER
ESCROW AGENT
---------------~- ---~-------- --------
DATE r
TASK
I
EAW
Designl
Bidding
July
Aug.
Sep.
Ode
3Q-Day
Comment
Period
EAW Prep.
Auth.
EAW
Prep.
Submit
Notice
to EQB
CC
Approves
Submit Draft
to City and
Developer
Survey Work
Prep. Study
--0 (;
Auth.
Infrastructure
Study &
Preliminary
Survey
CC Aprove
Study
Auth. Plans
Permittingl
Construction
. Bonestroo
End of
comment
period
Publish
Legal Notice
in Paper
Prepare Plans & Specs
City of Centerville
Downtown Redevelopment ProJed Schedule
Nov.
2008
Jan.
Apr.
May
Feb.
Mar.
Dee.
Responses to
Comments and
FOFROD
CC
Approve
FOFIROD
I Submit
I to EQB
I
I
I
NOD
Published
in EQB
v
City/DevLloper,
and Cq;unty
Revifw
Revisions Bidding Contracts
<> <> <>
Approve Open Notice to
Plans Bids Proceed
<>
I
I
I
I
I
I
Comments
Due
Submit
Draft Plans
o
Permitting
o
CJ
Send Plans out
for Permits
Begin Construction
June
July
Construction
Aug.
Sep.
Oct.
Construction
Complete