HomeMy WebLinkAbout2009-06-10 CC Packet W/Handouts
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CITY OF CENTERVILLE
COUNCIL MEETING AGENDA
Wednesday, June 10, 2009
6:30 p.m. or shortly thereafter
Set Agenda = Items
OPEN FORUM 6:30 p.m.: An opportunity for members of the public to address the City Council on items not on
the current agenda. Items requiring Council action may be deferred to staff or Boards and Commissions for
research and future Council Agendas if appropriate. You will be limited to two (2) minutes and we ask that you
conduct yourself in a professional, courteous manner, and refrain from the use of profanity. Failure to abide by this
policy may result in the loss of your privilege to speak. Persons wishing to speak will be required to complete a
sign-up sheet and give it to the Mayor or a Staff person by 6: 15 p.m.
I. CALL TO ORDER
1. RoIl CalI
II. PUBLIC HEARING(S)
1. 21" A venuelBackage Road Improvement Assessments - Continued from
Previous Meeting (pages i-v)
III. APPROVAL OF AGENDA
IV. APPROVAL OF MINUTES
1. May 27, 2009 Council Meeting Minutes (Pages 1-11)
V. CONSENT AGENDA
1. City of CenterviIle May 28, 2009 through June 10, 2009 Claims (Check
#24421-24438) (Page 12) & (Check #24439-24462) (Page 12a)
2. Centennial Lakes Police Department Claims through May 27, 2009 (Pages
13-14)
3. Centennial Fire District Claims through June 1,2009 (page 15)
4. Acceptance of Parks & Recreation Committee Member Ms. Savannah Lee's
Resignation (Page 14a)
VI. A W ARDSIPRESENT A nONS/ APPEARANCES
1. Mr. Steve McDonald, ABDO, Eick & Meyers - 2008 Audit Presentation Mr.
2. Greg Kieselhorst, Centerville Lions Request for Permits Associated w/2009
Fete des Lacs
VII. OLD BUSINESS
1. Parking Restrictions - Mill Road (During 2009 Street Project) - Continued
from Previous Meeting
VIII. NEW BUSINESS
1. Res. #09-0XX - Adopting the Assessment RoIl for the 21't A venuelBackage
Road Improvements Page 16)
2. Centerville Lion's Fete des Lacs Permits & Waiving of Fees - (August 7, 8 &
9,2009) (Pages 17-35)
a. Noise (8/7 - 8 a.m. - midnight, 8/8 - 8 a.m. - 1 a.m. & 8/9 - 8 a.m. - 6
p.m.)
b. Temporary/Event On-Sale Liquor License (8/7 -10 a.m. -11:30
p.m., 8/8 -10 a.m. ~ 12:30 a.m. & 8/9 -10 a.m. to 6 p.m.)
c. Fireworks (8/7 - dusk wlalternative date 8/8)
d. Raffle - Previously Approved (March 31, 2009)
3. Ground Development Request to Waive Letter of Credit - Pheasant Marsh,
3rd Addition (pages 36-56)
4. Res. #09-0XX - Authorizing Condemnation of Easement for Trail (page 57)
5. Off-Sale Liquor License & Tobacco License - 7093 - 2f1h A venue South
a. Upon Mr. Walmar's Relinquishment of an Off-Sale Liquor License &
Tobacco License Issued for 2009 or Revocation of Same for This
Location - Approval of Mr. Marek's Application for Off-Sale Liquor
License & Tobacco License for the Same Location (Pages 58-90)
b. Mr. Sager's Withdrawal of Previously Approved Off-Sale Liquor
License & Tobacco License for the Same Location due to Sale (Page
91)
IX. ANNOUNCEMENTS/uPDATES
1. City Administrator, Dallas Larson
a. Cable Equipment Needs
2. CERT (Capra)
X. ADJOURNMENT
'*REMINDERS**
City Council Meeting - June 24, 2009, 6:00 p.m. Council
Parks & Recreation Committee Meeting - July 1,2009,6:30 p.m. Council Chambers
July 3, 2009 - City Hall Closed (Observance ofIndependence Day Holiday)
Planning & Zoning Commission Meeting - July 7, 2009, 6:30 p.m. Council Chambers
Council Meeting - July 8, 2009, 6:30 p.m. Council Chambers
CITY OF CENTERVILLE
06/101093:42 PM
Page 1
*Check Summary Register@
Name
10100 MAIN STREET BANK
Paid Chk# 024439 A VLlC
Paid Chk# 024440 BURMEISTER, GREG
Paid Chk# 024441 CENTER FRAME & WHEEL
Paid Chk# 024442 CITIES DIGITAL
Paid Chk# 024443 ICC
Paid Chk# 024444 INSTRUMENTAL RESEARCH
Paid Chk# 024445 INTEGRA HOMES
Paid Chk# 024446 KEY AUTOMOTIVE SERVICE
Paid Chk# 02444 7 LAKE LAND CONSTRUCTION
Paid Chk# 024448 MARATHON ASHLAND
Paid Chk# 024449 MCFOA
Paid Chk# 024450 MCPHERSON, JOEL
Paid Chk# 024451 MINN. DEPT. OF HEALTH
Paid Chk# 024452 NATIONWIDE RETIREMENT
Paid Chk# 024453 ON SITE SANITATION
Paid Chk# 024454 OTTER LAKE ANiMAL CARE
Paid Chk# 024455 PALZER, PAUL
Paid Chk# 024456 PLATINUM BUiLDERS, INC.
Paid Chk# 024457 aWEST
Paid Chk# 024456 RIVARD ELECTRIC COMPANY
Paid Chk# 024459 SHUDY, DENNIS
Paid Chk# 024460 USA BLUE BOOK
Paid Chk# 024461 USA MOBiLITY WIRELESS, INC.
Paid Chk# 024462 WASTE MANAGEMENT
Paid Chk# BI-WEEKL Y ACH
Check Dale
JUNE 2009 - UPDATE
Check AmI
6/10/2009
6/1 0/2009
6/10/2009
6/10/2009
6/1 0/2009
6/10/2009
6/1 0/2009
6/10/2009
6/1012009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/10/2009
6/11/2009
Tolal Checks
$25.00 DEF COMP W/H PAY PERIOD 12
$63.25 MILEAGE REIMBURSMENT - STR P.
$45.00 CUT & WELD NUTS INTO PLAYGROUN
$3,788.00 LASERFICHE ANNUAL MAINTENANCE
$70.00 CERTIFICATE RENEWAL - P. PALZE
$38.00 MAY 2009 WATER TESTING
$200.00 SITE MAl NT. ESCROW RELEASE - 7
$42.43 OIL & FILTER -2008 FORD F250 -
$200.00 SITE MAINT ESCROW RELEASE - 73
$426.71 FUEL - MAY 2009
$70.00 T. BENDER MEMBERSHIP DUES
$86.90 MILEAGE REIMBURSEMENT - 09 STR
$23.00 P.PALZER LICENSE RENEWAL
$686.31 DEF COMP W/H FOR PAY PERIOD 12
$440.35 LAMOTTE PARK - SERV HTRU 5-29-
$181.00 ANIMAL CARE
$122.10 MILEAGE REIMBURSEMENT - 09- ST
$200,00 SITE MAl NT. ESCROW RELEASE - 1
$55.70 651-426-6579 - SERV THRU 6-30-
$262.50 REPLACE EMERGENCY LIGHTS W/BAT
$200.00 SITE MAINT ESCROW RELEASE - 20
$237.75 FLOURESCENT BLUE - PAINT
$14.57 ON CALL PAGER
$3,770.50 2009 CLEANUP SPRING - GARAGE S
$19,472.10 PAY PERIOD 12
$30,721,17
/2a-
Dear Park and Recreation Members,
Unfortunately I'm becoming extremely busy and I won't be able to
continue serving the community. I liked working with the
committee and being involved. I learned a lot from the experience.
I will keep on volunteering when it better fits into my schedule.
Please accept my resignation.
Sincerely,
Savannah Lee r
~omtC~~ N
/ /a..-
Agency Name: IIOR1#: I JCF:D Add'l 0 I!IIIIIDD
CENTENNIAL LAKES POLICE DEPT. MN0020300 Pages: *139131590*
Reporting O1liCOr(S): 1$0.00 I
17499 CARLSON, KRISTOFER ROBERT Total Value Slolen (property):
va.. "apo""": I Assigned: 11~:ed I Clearad: Total Value Damaged i_': 1$0.00 I
061081200906:33 PM 1833 1833
"a~lesl Oato! I.me uccurred: I Latest DalofTime uccurreo: Total Value Reoovered (PR>_): 1$0.00 I
Location of orronsollncident: Apt.: Grid:
709320 AVE S CENTERVlLLE, MN 55038- 06-06
MOC Code: Classification: Disposnion:
Incident Narrative 1
AS DIRECTED BY CHIEF MAKELA, I CONDUCTED BACKGROUND CHECKS FOR A LIQUOR LICENSE
APPLICATION OF JED'S LIQUOR IN CENTERVILLE.
UPON REVIEWING THE APPLICANT'S INFORMATION AND CONDUCTING BACKGROUND CHECKS, I
DISCOVERED THE APPLICANT, MAREK, HAS TWO PRIOR OWl REVOCATIONS ON HIS LICENSE, INCLUDING
ONE IN 2001 AND ONE IN 2005. APPLICANT'S DRIVING PRIVILEGES ARE CURRENTLY VALID.
UPON FURTHER REVIEW, I FOUND JED'S LIQUOR IS A NEW BUSINESS IN THE CITY OF CENTERVILLE,
AND THEREFORE HAS NO PAST OR CURRENT LIQUOR SALE VIOLATIONS RECORDED IN OUR SYSTEM. IT IS
UNKNOWN IF APPLICANT MAREK HAS HAD ANY PRIOR LIQUOR SALE VIOLATIONS AT ANY OTHER
ESTABLISHMENT, IF OWNED BY MAREK IN THE METRO.
NAME CODES: A. AduttArrested. AC - Arresting Citizen. C. Complelnant. 0 - Driver. F - FamNylP81ont. G. Guardian, J - Juvenile Arrested. I
M - Mentioned, MP - Missing Person, 1- Other Involved, 0 - Owner, P - Passenger, PT - Perpetrator. R - Repartee. S - Suspect, V - Victim, W - Witness
. Person NJIU: COda: Name: Alias:
o Business A M MAREK, JEDEDIAH GEORGE JED
Addres. (Slreet, Cily, State, Zip): I Apt.: Dale 01 B.rth: I ~sex: Re<:e:
3719 BURGUNDY DR EAGAN, MN 55122- 06/14/1977 MALE WHITE
Height: Weight: Haw Color: Eye Color: Hom&l8us. Phone: Worl<lBus. Cell: Ceil/Pagerl ax:
600 185 BROWN GREEN 612-483-5634
o Person NJIU: (;QQe: orne: Alias:
. Business M JEDS LIQUOR
Address (Slreet, City. Slate, lp): I Apt.: Oete olBirth: l50x: Race:
709320 AVE S CENTERVlLLE, MN 55038-
HOIght: "eoght: Hair Color: "y. Color: Home/tjus. Phone: Work/Bus. Cell: Ceil/Pager/Fax:
612-483-5634
o Parson AlJlU: Code: Name: Alias:
o Business
Address (Streel, Cily. Slate, .p): I Apt.: DatsolB; Ill: I50X: Re<:e:
Height: "eight: Hair Color: Eye COlor: HomalBUS. ""one: WOiI<IBus. cell: 1:ellfl>agor7F ax:
SUpervi5~ \0- Extra Copy To: Related Case Number.
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Page 1 012
a
CITY OF CENTERVH..LE
GENERALAUTHOlUZATION AND RELEASE
PaN.O. to 1fi."1!IOta State SClltutafl3.85, Sabel. .-
/ MIIlDISOIa Data. Practices Act
TO: City ofCaltenDle
I. hereby 1dlhoai2.0 8Dd grant my iBfomlecI eollNt to
permit you. DCA, FBI. NCIC. DqleI1mcIIt of Motor Vehicles, lIIId the City ofCcmerviJ]e
to release to aud maD available to the City of ~'~Il.ltd LUa Police
~tw..Qt or their apntB IS .,.,tp(, cIaIa cl"";W .. private which 1lOIlC". "'" me lIIId
which may be in your pos8CllIiorI 'lbe data 1ItIicb I IIIItbori.ze to be released c:onaists of
priva1l: data, .. ~""'" by VImlCSOII State Statute 113.02. Sabd. 12, IIld has beon
col1ected by )'011 II a. result of my contIels lIIIIIIor ~ with youlDldlor your
aaeats aDd lll}4U dodives. The l'lfo-........ for which.... is """'lIlml iDclucles III
dala which Iw beeIlcolleetlld, ctWod. rece1vcd, ..-lned or dis8eanimlbld in wbaIcwr
form. which in Illy way .... to my "-1m,s. with you or your 8f1lIJI:1. I __oltl-d
tbat tbe JIUIPOllI' of JI"" ...:ltl'li tile City of cV'..... .iDcr'CcPt......lAl Lakes Police
:D&.a-btlo:l.Jl or their lIpIltI10 have IILlCelII to ... il&~',~is to dctamine my
fl""Ji~ iIr Jiquar/tolJecoo 1iceasiDg.
This .Ib>. :..otIQa sbIJ1 bnalid tbr a period of ODe (1) year, but I reserve the rlaht to. It
any time prior to that expit.liOll,. caoccl tbe wnttalllUlboriza!ioa by JII'O"idiD8 written
IlOticc \\) the City of ~tIlIl..ilJl Lakes PoliI:e ~ or their agell1S ..
1S8i~~~r.
:'~:"~~::~')~':'~<:~-::~F" '_ .,', ,.' " ",""_" ",'-:'h
~i~i./r
. - . ;;,:c.~~~,;
~-3-()2
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h-/1-77
Da1l: of Birth
, ... l
Full Name Printed: Find
Middle
LIIIIt
..............
~D
Certificate of Compliance
Minnesota Workers' Compensation Law
PRINT IN INK or TYPE.
Minnesota Statutes, Section 176.182 requires every state and local licensing agency to withhold the issuance or
renewal of a license or permit to operate a business or engage in any activity in Minnesota until the applicant
presents acceptable evidence of compliance with the workers' compensation insurance coverage requirement of
Minnesota Statutes, Chapter 176. The required workers' compensation insurance information is the name of the
insurance company, the policy number, and the dates of coverage, or the permit to self-insure. If the required
information is not provided or is falsely stated, it shall result in a $2,000 penalty assessed against the applicant by
the commissioner of the Department of Labor and Industry.
A valid workers' compensation polley must be kept in effect at all times by employers as required by law.
BUSINESS NAME (Individual name only if no company name used) LICENSE OR PERMIT NO (~applicable)
~DS LlQU jJ1lC
DBA (doing business as name) (if applicable)
- ''5 U rl
BUSINESS ADDRESS (PO Box must include street address) CITY STATE ZIP CODE
/I 3 ZOTH I/!. C8VflRJ/!!Lf JIJ. 5SO 38
YOUR LICENSE OR CERTIFICATE WILL NOT BE ISSUED WITHOUT THE
FOLLOWING INFORMATION. You must complete number 1,2 or 3 below.
NUMBER 1 COMPLETE THIS PORTION IF YOU ARE INSURED:
INSURANCE COMPANY NAME (not the insurance agent)
WORKERS' COMPENSATION INSURANCE POLICY NO.
EFFECTIVE DATE
EXPIRATION DATE
NUMBER 2 COMPLETE THIS PORTION IF SELF-INSURED:
o I have attached a copy of the permit to self-insure.
NUMBER 3 COMPLETE THIS PORTION IF EXEMPT:
I am not required to have workers' compensation insurance coverage because:
M I have no employees.
o I have employees but they are not covered by the workers' compensation law. (See Minn. Stat. ~ 176.041 for a list of
excluded employees.) Explain why your employees are not covered:
o Other:
ALL APPLICANTS COMPLETE THIS PORTION:
I certify that the Information provided on this form Is accurate and complete. If I am signing on behalf of a businesa, I
certify that I am authorized to sign on behalf of the business.
ory) TITLE
Rsation policy is cancelled within the license or permit period, you muat notify the
or permit by resubmlttlng this form.
different forms, such as large print, Brollle or on a lape. To request, csII1-4lOO-342-li3S4 (DIAL-DLI) Voice or
~/
CERTIFICATE OF COMPLIANCE
MINNESOTA WORKERS' COMPENSATION LAW
Minnesota Statute, Section 176.182 requires every state and local licensing agency to withhold
the issuance or renewal of a license or permit to operate a business or engage in an activity in
Minnesota until the applicant presents acceptable evidence of compliance with the workers'
compensation insurance coverage requirements of MSS Chapter 176. The information required
is: the name of the insurance company, the policy number, and dates of coverage, or the permit
to self. insure. This information will be collected by the City and retained in the files.
This information is required by law, and licenses and permits to operate a business may not be
issued or renewed if it is not provided and/or is falsely reported. Furthermore, if this
information is not provided or falsely stated, it may result in a $1,000 penalty assessed against
the applicant by the Commissioner of the Department of Labor and Industry.
Insurance Company Name:
(NOT the insurance agent)
Policy Number:
Dates of Coverage:
TO
(OR)
I am not required to have workers' compensation liability coverage because:
r&
I have no employees
o
I am self-insured (include permit to selfinsure)
o
I have no employees who are covered by the workers' compensation law
(these include: spouse, parents, children and certain farm employees)
I certifY that the information provided above is accurate and complete and that a valid
workers' compensation policy will be kept in effect at all times as required by law.
Name: .YJJmmH
(First] (Middle]
Name of Business: JS)'S LiQUOr
Business Address: 7D~5 20111 /J1/E )..
C[IV!lR(J/tt{ /YJN
(City] [State]
6~ 426 6 :;.
blOP.LC
!f7/lffl
[Last]
$'Z)SB
[Zip]
jL
CERTIFICATE OF COMPLIANCE
DEPARTMENT OF REVENUE
Pursuant to Minnesota Statute 270.72 Tax Clearance; Issuance of Licenses, the licensing
authority is required to provide to the Minnesota Commissioner of Revenue your Minnesota
Business Tax Identification Number and the social security number of each license
aoolicant (oenoo sil!oio!! the 8oplication).
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we
are required to advise you of the following regarding the use of this information:
1. This information may be used to deny the issuance, renewal, or transfer of your
license in the event you owe the Minnesota Department of Revenue delinquent
taxes, penalties, or interest;
2. Upon receiving this information, the license authority will supply it only to the
Minnesota Department of Revenue. However, under the Federal Exchange of
Information Agreement, the Department of Revenue may supply this
information to the Internal Revenue Service;
3. Failure to supply this information may jeopardize or delay the processing of
your license issuance.
Please supply the following information and return along with your application:
TYPE OF LICENSE BEING APPLIED FOR OR RENEWED: DFF5lrLl!
PERSONAL INFORMATION:
Applicant's Name:
;:ED[/J1n+1 G MIJfllL
'37 fI B1J%/)fV()) Dt
iMllf\/ frJrJ
[City] [State]
$12-2-
[Zip]
Applicant's Address:
Social Security Number: _
BUSINESS INFORMATION:
Minnesota Tax Identification Number:
VI\'( I J^, ,,,,F>
....Ao'1 }'J W l.\IVUI<....
7D~) 2{)1H /Ji;[ 5,
CiJV1tRM{jj MN
[City] [State]
/1)06/&4-
l7-aZCf3'L/3
.5;0,5~
[Zip]
Business Name:
Business Address:
Federal Tax Identification Number:
~----
If a Minnesota Tax Identification Number is not required, please explain on the reverse side.
ro/3jtJ1
ate
66
STATE OF MINNESOTA
CITY OF CENTERVlLLE
COUNTY OF ANOKA
Application No.
RENEWAL APPLICATION FOR LICENSE TO SELL
TOBACCO PRODUCTS AT RETAIL
The undersigned, residing at :~ 7/q l5u[XUl!JV DR in the City of W4!l/
in the County of .PlltDTlf , State of Minnesota, Residence Telephone: (6/2. )~3 - SbJ1
HEREBY
MAKES APPLICATION FOR LICENSE to be issued to JEDEDIAH G. MAREK, DBA Jed's Liquor to sell
tobacco products at retail at 7093 - 20TH AVENUE SOUTH, Business Telephone: (612)483-5634 in the City of
Centerville, Ano/ca County, Minnesota for the term of six (6) months beginning on the 1st day of July, 2009,
subject to the laws of the State of Minnesota and the ordinances and regulations of said City of Centerville
pertaining thereto, and herewith deposit $85.00 in payment of the fee therefore.
By signing this renewal application, applicant certifIeS that there has been no change in ownership,
corporate offteers, or partners. If changes hlll'e occurred during the past 12 months, complete in its entirety the
attached Tax ~rance Information, then sign below.
Date: ~ vi .
~.
~ture / . .
JE/)[/JI!l)/ I- If/ftil(
Name (Print)
Report by Police Department
This is to certify that the applicant and the associates, named herein have not been convicted within the past five years of any
violation of federal, state or local law, ordinance provision, or other regulation relating to tobacco or tobacco products, or
tobacco related dev' or an I . . . ten years. _& \ ^ of t /. _
Signature.. Title " tf .C~
~'-/
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, "
, .
, .
.. .
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1
Minnesota Department of Public SIIfcty
ALCOHOL AND GAMBLING ENFORCEMENT DMSION
444 Cedar St., Suite 133, Sl Paul, MN 55101-5133
(651) 201-7507 FAX (6S1)297-52S9 ITY(6S1)282-65S5
WWW.DPS.STATE..MN.US
APPUCATJON FOR OFF SALE INTOXICATING UQOOR UCENSE
No ~ will be alllllOVed 01' ,1...... IUIllIlbe S20 Rtlder m CallI fie II ......
Polk:ylt
Tollpply/DraMNMIk.t11Id""lla lPN. co1/(6JI) 19M,18}
rtJIer shaD encate tills . eatlo8.
Trade Name 01' DBA
j~D \ L U
Applicanl's Home Pbone #
12 5Z
OOB (Individual Applicant)
J , ,,;. 7
Ila eorp0ntfe8 lIT LLC stale name. date ofblrtlt, Soelal SecIIrlty 1# addraa, tilIe, .... 1!Iam Wd by _h olficer. Ila parlUnblp, IDle
aames, addrao.. 4Ile of birdl of _h parl8er.
Partner Officer (Fim, middle, last) DOB
o ~ /rl t
_c.;. ritle
Partner Omcer (Fint, middl", last)
DOB
88#
tle
Shares Address, City, Stale. Zip Code
Partner Officer (Firsl, middle, last)
SS#
DOB
itIe
SIIoues Address, City, Stale. Zip Code
to
llaC<:llJlO'1llioo dllle ofi>""""",ation .~N[ ?M" ,Sl8lelncurp"utod in MINNfI,arA ,amount paid in
capilal , If a subsidiary of any oIiler corporation. so state and give purpoo;e of
cotpOnllion . If incorporated under the laws of 8lIOlIter state, is corporaIion
autOOrized to do busineu in the state ofMiDDesota? 1A Yes uNo
,
~'r;1i.~r;!jm~~suchas~~""fbmJn-.~2J~~re.
Is establishment 10000ed near any state university, state hospital, training school, refomurtory or prison? I 'Yes "No lfyes state
approximate distance.
2.
3.
4.
Name IIIld address of building owner:~LL
Has owner ofbuildillg any COIlIIection, dire<:lly or inditectly, willl appIicaDI? 0 Yes III No
Is applicant or any oftbe associates In this application. a member of tile _..;.." body oflbe mllllic;ipalily in wIlidI this U- is
tobelssued? ayes ~No Ifyes,inwhatcapacity'1
s.
6.
Sfate whl:ther any person odt<<lhIn ~ba lIlY, right.1ilIe oriRlerelt in !he Iimritun:. fixlurcscrequipmClll for wbidlllceftse
is applied and if so, aM name and deIalls. a
7.
Have app!icanls any interesc wl1aIsoever, directly or iD<Iino:tIy, in.. other liquor esl8bIisbmalt in the Slate ofM'mnesolIl?
n yes "No IfYe&. give name and address ofesl8blishmClll.
t/J5
8.
9.
Ate \he pr$Ilises now oocupied or to be occupied by the applicant entirely separate and exclusive ftom any <llher business
-+eh.lillh~ fies,.. ClNo.
State whether applicant has or will be gtanted, an On Nle Liquor License in conjunction with this Off Sale Liquor License and fur
the same ptCIIIises. DYes It No [1 Will be granted
s- whether applicant has or will be granted a Sunday On Sale Liquor UCCllSe In conjlUlc\ion with the regular On Sale Liquor
License. 0 Yas 'II No 0 Will be granted
Iftbis !WI...... ill &. aCcullr BoaalOftSelc Licc8sa, ....Ibe.........., in milcslOlbe_ '-'-';.\..dllJ.
SlIIIe NumllcrofEmployees
Jfthis license is being issued by a COlIIIly Board, has a public heariDg '-' bald IS per MN ~ 340A.40S sub2(d)7
Iftbis Iic:ense is being issued by a ColIIIt)' Board, Is it ~ in an mgani7Ir.d lIIwIlsbip? If ....lUDldItowDdIp............
10.
II.
(Z.
13.
14.
J.
SIllle whether applicant or any of the associateS in this applicadKiD have ever had an appJicalion fur a liquor license rejecled by any
municipality or _ aulhority; if so, give dates and dctsils.
2.
Has the applicant or any of the associates in this application, durina the five years immediately preceding this applicadon ever had a
Iicellse WIder the Minnesom Liquor ConlroI Act revoked for lUIy violation of such laws or looaI ordinances; ifsa, give dates ood
detail.. NO.
3.
Has applicant, parlnen, oflicer.l, or employees ever had any liquor law VlOla1ions or felony convictions in Minnesota or
elsewhere, including SIllle Uquor Control pcnaIties? 0 Yes rJ No Jfyes, give dates, charges and final outcome.
4.
During the pasllicense year, has a $UDUltOllS been issued under the Liquor CivilLiaI>ilily Law (DnIm Shop) M.s. 340A.802.
n Ves . No Jfyes, attach a copy of the SWlllllOllS.
This licensee must have one of the following:
Cho<k _
o A.
Of
o
or
o C.
(A TfACH CERnFICATE OF INSURANCE TO THIS FORM.)
B.
Liquor Uabllity Insurance (Dram Shop) - $.'50,000 per person, $100,000 more thm one person; $10,000 property
deslruc\ion; $.'lO,OllO and $100.000 for Joss of means of support.
A SUl1:ty bond Ilom a surety compmy with minimum coverage as specified in A.
e a.me are rue An
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REPORT BY ~1:'i~HiJti)1i's.~~Akl'Mt...r
This is to cerIitY that 1lIe applicant ood.the assoeiales named herein have not been convicted wilItin 1Ite past five years for any violalioo of
I of laIe ofMiIllleSOl;& or municipal ordinances relating to intoxicating liquor except as follows:
-
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IMPORTANT NOnCE
mustllPe a current FecIcraI Spa:iI1 n....'I"'"....1 SIIap.. This SIIImJI is issued by tIr<: ~ of AblhoI. TaIlea:o,
and Finsms. For inIbrmalion call (651)726-0220
/pi,
SWORN TO AN>> ATIESTED BEFORE ME THIS 3 DAY OF ~
.~.Q;k-, -
dSClhMf7- ~~HJ
Notary Public
/ill''IIW~", KAREN C CARLSON
,va." NOTARY PUBLIC
~\.~f MINNESOTA
"1;.tt,<l"_"~~'= M",.' Cor.unission ExpJres Jan. 31,2014
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NOTIFICATION FOR LICENSE INVOLVING PRIVATE
OR CONFIDENTIAL INFORMATION
(Includes Tennessen Warning)
In connection with your request for a license, the City has asked that
you provide information about yourself which is classified as private,
confidential, non public, or protected non public under the Minnesota
Government Data Practices Act. This means that this data is not
ordinarily available to the general public. Accordingly, the City is
required to inform you of the following:
I. The purpose and intended use of the information requested is to determine if you
are eligible for a license from the City ofCenterville.
2. You are not legally obligated to supply the requested information.
3. The known consequence of supplying the requested information is that the
information of further investigation could disclose infonnation which could
cause your application to be denied.
4. The known consequence of refusing to supply the requested information is that
your request for a license cannot be processed.
5. A criminal charge, arrest, or conviction will not necessarily bar you from
obtaining a license with the City, unless the conviction is related to the matter
for which the license is sought, according to Minnesota Statute 364.03.
However, failure to reveal the requested criminal infonnation will be considered
falsification of the application and may be used as grounds for the denial of the
application.
6. Other governmental agencies necessary to process your application are
authorized by law to receive the information provided.
7. The City is required by law to furoish some of the information to the
Department of Labor and Industry and the Minnesota Commissioner of
Revenue.
8. During the application process, your name and address may be released to the
public. If the license is granted, all the data supplied will be available for
inspection by the public.
The undersigned, by signing this notice, acknowledges that he/she has read and
understood the contents of this notice and has received a co of this notice.
~ /3 /o~
Date I I
r;/
TAX CLEARANCE INFORMATION
TO LICENSE APPLICANT:
Pursuant to Minnesota Statute 270.72 Tax Clearance: Issuance of Licenses, the licensing authority is
required to provide to the Minnesota Commissioner of Revenue your Minnesota Business Tax
Identification Number and social security number of each license applicant.
Under the Minnesota Government Data Practices Act and the Federal Privacy Act of 1974, we are required
to advise you of the following regarding the use of this information:
I. This information may be used to deny the issuance, renewal or transfer of your
license in the event you owe the Minnesota Department of Revenue delinquent
taxes, penalties or interest;
2. Upon receiving this information, the licensing anthority will supply it only to the
Minnesota Department of Revenue. However, under the Federal Exchange of
Information Agreement the Department of Revenue may supply this information
to the Internal Revenue Service.
3. Failure to supply this information may jeopardize or delay the processing of
your licensing issuance or renewal application.
Please supply the following information and return along with your application to the agency issuing the
license. DO NOT RETURN To.:rHE DEPARTMENT OF REVENUE.
LICENSE TYPE: MF:J1l((;tW
NEW [.>'1
RENEWAL [ ]
LICENSING AUTHORITY:
City of CentervilIe
LICENSE RENEWAL DATE:
BUSINESS INFORMATION:
Business Name: cSED~S UQUDK
,
Business Address: 101) 20"'( r I 11J~ .<;.
[JlVfE1(JjLi[ /11N
[City] [State]
Business Telephone Number: tK/ 42? 0671
$?J,~8
[Zip]
List of Officers or Partners (full name, title, and social security number):
Full Name: Y:-DrJ) IfNi & /I/lllt{J(
,
Title: 1) wtVfR Social Security Number:
Title:
Social Security Number:
Full Name:
Full Name:
Title:
Social Security Number:
Full Name:
Title:
Social Security Number:
IF A CORPORATION:
corpomtiOnName:Stf)S UbI/oF!- lIVe
Business Address: 7(} 9,~
dba :iDS VRuoE
2D 1ft Ifl/t 5: Ct:M~L/Ltf./J1N S?03e
I
12
Incorporation Date: ~\\)[ 'Z.CO~
ListofDirectors: YtitDlJjJ1 C frJA-Pf:t
()v/WR./fte/OFNf
/
List of Stockholders: JJ1JJlffH G fl1/1flJ:..'l<-
PERSONAL INFORMATION (if sole proprietor):
Applicant's Name:
Applicant's Address:
[City]
[State]
[Zip]
Home Telephone Number:
Social Security Number:
ALL APPLICANTS:
List all persons or entities with either a direct or indirect interest in the applicant or the applicant's business
to be conducted under the license for which this application is made and describe their interest in detail
below.
Addresses:
Assumed or Trade Names, if any:
Business Telephone Number:
Home Telephone Number:
Has any person named in the application ever been convicted of a felony? 0 Y es ~ No
If yes, set forth the offense, date, county and stated of conviction:
Applicant agrees that any manager employed in the licensed premises will have all qualifications of a
licensee and that the manager will not violate any city or state laws.
Minnesota Tax Identification Number: jtJO 6J B4
Federal Tax Identification Number: "2 j- OZ.9, '5 2--13
Sign
Print Name: JiI)[b;/I/I 6- N;Jf1/
s not required, please explain on the reverse side.
[)k/Mt/ntJ//FlW
Position (Office, Partner, etc.):
Date: rP/f/o1
13
Date: 06/03/09 Time: 12:33 PM To: 1-651-429-8629
651-641-8981
Page: 001-002
ACORD CERTIFICATE OF LIABILITY INSURANCE I OAT1/r"DIYYYYl
~._.._~.. 6/3 2009
PRODUCER: (651)644-0311 FAX: (651) 641-8981 THIS CERTIFICATE IS ISSUEO AS A MATTER OF INFORMATION
Paule~/Slater, tne ONLY AND CONFERS NO RIGHTS UPON THE CERTIFICATE
HOLDER. THIS CERTIFICATE DOES NOT AMEND, EXTEND OR
2610 University Ave. ALTER THE COVERAGE AFFORDED BY THE POLICIES BELOW.
S~. Paul MN 55114 INSURERS AFFOROING COVERAGE NAIC #
INSURED INSURER Po:. Amerioan Economy 19690
Jedls Liquor Inc. INSURER B:
7093 20TH AVE S INSURER C
INSURER 0;
CENTERVILLE MN 55038 INSURER E:
THE POLICIES OF INSURANCE LISTED BELOW HAVE BEEN ISSUED TO 1HE INSURED NAMED ABOVE FOR THE POLICY PERIOD INDICATED. NOTWIlHSTANDING ANY
REClUIREMENT, TERM OR CQND1110N OF AN'( CONtRACT OR OTHER DOCUMENT \MTH RESPECT TO WHICH THIS CERTIFICATE MAY BE ISSUED OR MAY PERTAIN,
THE INSURANCE AFFORDED BY THE POLICIES DESCRIBED HEREIN IS SUBJECT TO ALL 1HE TERMS, EXCLUSIONS AND CONDITIONS OF SUCH POLICIES
::5r=' ~,= 'ROO' REOlJCon
INSR L POLICY EFFECTIVE POLICY EXPIRATION
TYPEOFINSUI\ANCE POUCYNUMeEft DAtEiMwDn,w...~ DATE LIMITS
~ERAL LIABILITY ."NCE $
COMMERCIAL GENERAL UABJLITY ~~~lSk~~~~\ $
I CLAIMS MADE D OCCUR M~EXP(M onel)$f$Ol'1) $
~ PERSONAL t ADV INJURY $
O~'OD" I
-
~'L AGGREGATE LIMIT nES PER: Dom q<. $
[Mlleyl I~g LOC
~OMOeu..E L1A.BILITY COMBINED SINGLE LIMIT $
(E9IiCCident)
- ANY AUTO
- ALL O\t;>NED AUTOS BODILY INJURY
(Per person) $
- SCHEDULED AUTOS
- HIRED AUTOS BODILY INJURY
(PerlKlCident) .
- NON-Q\M\lED AUTOS
- PROPERTY DAMAGE $
(peracciderrt)
~".E LIABILITY AUTO ONLY. EA ACCIDENT .
ANY AUTO OTHER THAN EAAC.G $
AUro ONLY: AGO'
EXCE$SllJMBRELLA LIABIUTY ,
::J"OCClJR 0 CLAIMS MADE AGGREGATE $
.
=i DEDUCTIBLE .
RETENTION ~
WORKERS COMPENSATION AND STAT. lOll;'-
EMP1..0YERS" LIABILITY
ANY PROPRIETORlPARTNERlEXECUTIVE E.L. EACH ACCIDENT ,
OFFICERIMEMBER EXCLUDED? E L. DISEASE - EA EMPlOY~ $
~~I~~Vl~er EL DISE.A.SE - POUCY UMrT $
A OTHER Liquor Liabili. ty 02SP2397906 7/1/2009 7/1/2010 $2,000,000 Qocurr
$4,000,000 Aggreqat.
DESCRIPTION OF OPERAlIONS/l.OCATIOI\IS/VEHICLESlEJ:.CI-USIONS "-ODED ey ENDORSEMENTISPEctA1. PRO\lf$lONS
CERTIFICATE HOLDER
CANCELLATION
(651)429-862\1 SHOULD At.JY OF THE ABOve DESCRIBED POliCIES BE CANCELLED BEFORE THE
City of Cen~ervil1e EXP&RATlON DATE THEREOF, THE ISSUING INSURER WILL ~MAIL
At~: Theresa ~ OAYS WRITTEN NOT1CE TO THE CERTIFICATE HOLDER NAMED TO THE LEFT, iGO<
1880 Main S~reet ~~lItlE.X~lOO(iOOOOOO\X
Centervill, MN 55038
A.uTHORlZED REPRESENlATlVE 2~"-~ ~
J Stanley/JAAKER ~~.. -. -- ---~--
ACORD 25 (2001/081
INS025 ('"08)""
.. ACORD CORPORA liON 1888
Page1d2
11
Date: 06/03/09 T~me: 12:33 PH To: 1-651-429-8629
651-641-8981
Page: 002-002
IMPORTANT
If the certificate holder is an ADDITIONAL iNSURED, the policy(ies) must be endorsed. A statement on this
certificate does not confer rights to the certificate holder in lieu of such endorsement(s).
If SUBROGATION IS WAIVED, subject to the terms and condnions of the policy, certain policies may require an
endorsement A statement on this certificate does not confer rights to the certificate holder in lieu of such
endorsement( s).
DISCLAIMER
The Certificate of Insurance on the reverse side of this form does not constitute a contract betvveen the issuing
insurer(s), authoriZed representative or producer, and the certificate holder, nor does n affirmatively or negatively
amend, extend or alter the coverage afforded by the pOlicies listed thereon.
ACORD 26 (2001108)
INS026 (ot08)."""
Page 2 of 2
75
Michael Walmar
4892 Granada Avenue
Oakdale, MN 55128
(651) 278-8872
December 30, 2008
Terrance J. Sager
SaHawk, Inc.
5485 I 57th St. N
Hugo, MN, 55038
Re: LEASE TO OWN CONTRACT
Dear Mr. Sager:
Pursuant to Paragraph 2 of our Lease to Own Contract regarding the off sale liquor store located
at 7093 20th Avenue South., Centerville, Minnesota 55038, please consider this formal
notification of my intent to opt out. Possession of said store will be returned to you on June 30,
2009.
Please note that pursuant to Paragraph 4 of the above-referenced Lease to Own Contract, on June
30, 2009 you must provide . in the form of a cashier's check, for the inventory in the
off sale liquor store located at 7093 20'" Avenue South., Centerville, Minnesota 55038.
Sincerely,
Michael Walmar
Direct Line: (651) 278-8872
?
.-
10
L~SE TO OWN CONlRACI'
This is a lease with option to purchase. It is a legal agreement between the BUYER and
the SELLER. in which the SELLER. agrees to lease the BUSINESS described below to BUYER,
and grants to BUYER an exclusive option to purchase the BUSINESS, subject to the terms and
conditions ofthis lease.
The word SELLER. as used in this lease refers to ;e Yir a :1 ( e
and the SELLER.'s address is
J~''-:1er
"
. SELLER. is the owner of the Business, and
is willing to lease the Business to BUYER, for use by the BUYER.
THE word BUYER as used in this lease refers to /1//" h ,,,,,I Lv.;, I~., iL 1/
and the BUYER's address is
,
The words LEASE AGREEMENT, as used throughout this document, refers to the entire
agreement contained herein, including the Option to Purchase.
This LEASE AGREEMENT is a legal contract which can be enforced in Court against
SELLER. or BUYER if either one does not comply with the provisions of this Lease.
1. Descriotion of Business. The name and address of the Business are
0;:1= \Al-~ fiOi./lJ,.{! -YfiJ/2e: @
hi? 3 ;1) tit Ave \, (."e,1TC,.;;V/c.U" /1."; ;-.n.: ') '[f
,
2. Term of Lease. This Lease is for a term of 3/ S years, beginning on
i":Jm~s;:~ agree~=~~~t~:n~::/~ =;:;:~'by
providing Seller with written notification of Buyer's intention to opt out of the lease.
Said notification must be provided to Seller within a 24 hour period starting on .L, / ;;..c,n / lA"J
and ending on JWI. 7- JcvJ."':1 If Buyer elects to opt out of the lease during the statedf:lpt out
period, Buyer will return possession of the business to Seller on . J:.'Y>o 2,e k:j 1~'the
parties further agree that if Buyer elects to cancel this Lease Agreement at any time other
than the specific opt out period stated above, Buyer sball forfeit all money paid to Seller
under this Lease Agreement.
3. Lease Pavment . The monthly lease payment shall be the sum of per
month, payable by the :; t1, of each month, with ' lue at the time of
signing this Lease. A portion of each month's payment shall be applied towards, and
shall reduce, the Option to Purchase price as set forth in the paragraph nine (9) below.and
the Attached Amortization schedule.
4. Inventorv. Buyer agrees to pay to Seller the sum of .is and for the
physical inventory of the Business, due in full on ~ I Jot' +- . Buyer and
Seller agree that if Buyer validly exercises Buyer's righi to opt out of this Lease as set
11
forth in Paragraph Two above, Seller will purchase from Buyer the physical inventOly in
the store valued on the effective opt out date as set forth in Paragraph Two above. The
purchase price which Seller shall pay for the inventory shall be determined as follows
S>JJ~r Wlu;-i ~I;rch",'" ,d'lau.+ '_ (..f....qi 13..,1."'-
I,!//,j('f' iJewt' {f;:-IU'lJ~ 1'1 ..L/lVfY7tv/7 (if I1u!
1-tw": ,y'/-' 0<,5'"",
5. Late Pavment Penalty. If Buyer does not pay the lease payment by the ID th of each
month, Buyer sha1l pay to seller a late penalty in accordance with the Penalty Schedule
attached hereto. BUYER AND SELLER. SPECIFICALLY AGREE lHAT SELLER
MAY CANCEL TIllS LEASE IF BUYER IS MORE THAN FORTY-SIX (46) DAYS
LATE IN MAKING PA YMENTFOR ANY GIVEN MONTH.
6. Buve(s OblilWions, Buyer hereby agrees to be bound by the following terms and
conditions of this Lease agreement:
a. Liquor License. Buyer will maintain a valid liquor license at all times during the
duration of this Lease.
b. Insurance, For the entire duration of this Lease Agreement, Buyer shall be
responsible for 1I"1IIinhoining Dram ShoplThird Party liability insurance on the
Business in an amount no less than . Buyer will, upon Seller's
request, provide Seller with written verification of such insurance.
c. Buver's Card. For the entire duration of this Lease Agreement, Buyer shall have a
valid Buyer's Card. Buyer will, upon Seller's request, provide Seller with written
verification of said Buyer's Card.
d Tax StamD. For the entire duration of this Lease Agreement, Buyer sba11 possess
and maintain a "Special Tax Stamp". Buyer wil~ upon Seller's request, provide
Seller with written verification of said "Special Tax Stamp".
e. Good Faith Purch- Efforts. Buyer specifically agrees that Buyer will make
good faith efforts to obtain financing to exercise the Option to Purchase herein
within the first three (3) years of the term oftbis Lease Agreement.
f. Relocation. Buyer agrees not to relocate the business without the written consent
of Seller.
g. Mail1tenance. Buyer agrees to keep the Business and the equipment in the
Business in good working order throughout the duration of this Lease Agreement
h. Alterations. Buyer agrees not to make any alterations to the fixtures or equipment
of the Business without the consent of Seller.
7. Seller's Oblilllltion's. Seller hereby agrees to be hound by the following terms and
conditions oftbis Lease agreement:
a. Non-Comnete AareP.ment Unless the parties mutually agree otherwise, during the
duration of this Lease Agreement, Seller will not have any interest in an off-sale
liquor establishment within ten (10) miles of the location of the Business, with the
exception of Ov'1 u, Co 1'1 Ie: '" 1- . located at ! '-/ B'I if Fe 1"'';;, 13 fd i< I
. 1'" ~1t6f-'r2.'~ i.j(;;"'(,~ which is already owned by Seller.
b. Confidential Information. Seller agrees not to disclose any information regarding
the Business to any third-party without the written consent of Buyer.
1y
8. Heirs and Assian~, The terms of this Lease Agreement apply to the Buyer and the Seller.
In the case of the death of either the Buyer or the Seller, the terms of this Lease
Agreement shall also apply to and be binding upon any heirs of Buyer or Seller.
8. Otmon to Purchase. Seller hereby grants to Buyer for the term of this Lease Agreement,
so long as Buyer is not in default in the performance of any term under this lease, the
exclusive option to purchase the Business, with the purchase price being determined by
the "Purchase Price Schedule" ~bed hereto. Buyer may exercise the option to
purchase the Business at any time during the duration oftbis Lease Agreement, by
providing the Seller with written notice of Buyer's .intent to exercise the Option, together
with the full purchase price. Buyer's notice of intent to exercise the Option to Purchase
shall be considered ineffective if not lWCOmpanied by the full purchase price as
determined by the "Purchase Price Schedule" attached hereto.
8. P......<>1'l!pb H....t1il1gs. Paragraph headings are for convenience only. They are DOt part of
this agreement and sball not be used in the construction thereof.
8. ApDlicabl~ Law and SevC1llbiJit!. Buyer and Seller agree that this contract is to be
enforced and construed in accordance with Minnesota law. If a comt of competent
jurisdiction invalidates one or more of the terms of this COntnlct, the surviving terms
continue in force.
WHEREFORE, the above nAmed Seller and Buyer have executed the foregoing Lease
Agreement at on this 1 5+
day of jvi'1
,2004.
,
~ X {,.v~
Buyer
The foregoing instrument was acknowledged before me this J sr day of
-l vI.. i ' 2004, by/~ ~~ ,the /'f€!r::;:s r~.oVJof .
Sahawk, ., a Minnesota CotpOnltion, on behalf of the cotpOmtion.
,~."-, "',, ,.-. - . - - --
MARK Z. HANNO
NOTARY PUBliC -MINNESOTA
My Commission Expires Jan. 31, 2005
, Si
The !oregojB instrument was ~ed before me this I day of
- I./L..- ,2004,by ~ r~,A?;,Jt,t: k-"'~(\hc.PresidentofGnaw,
Inc., a MinDe!lOta CotpOration, on belutIf of the corporation.
MARK Z. HANNO
NOTARY PUBLIC. MINNESOTA
My Commission Expires Jan. 31. 2005
19
"BUSINESS PURCHASE DOCUMENTS"
The exhibits to the Purchase Agreements shall be as follows:
Exhibit "A"
Exhibit "B"
Exhibit "C"
Certain List of Assets Sold
Business Asset Purchase Agreement
Cash Note
The parties acknowledge that the real estate upon which the Business is owned by Terrance
Sager. Also the Business located at 7093 20th Ave S. Centerville, Minnesota
The buyer is Jedediah Marek.
Jo
EXHIBIT A
CERTAIN LIST OF ASSETS SOLD
JJ
EXHIBIT B
BUSINESS ASSET PURCHASE AGREEMENT
THIS AGREEMENT is entered into as of the 3rd of June, 2009 by and among Jedediab
Marek, DBA , a
IN CONSIDERATION of the mutual promises, terms and conditions, Seller and Buyer
agree as follows:
I. Sale of Business Assets and Off-Sale Liauor Business Saeers Liauor. Upon the
terms and conditions, Seller agrees to sell to Buyer all the inventory, equipment,
furniture, fIxtures, supplies, and other assets, if any, except cash and accounts
receivable (hereinafter collectively referred to as the "Assets") owned or used in the
business commonly known as Sagers Liquor, (collectively the "Business"), presently
located at 7093 20th Ave S, Centerville, Minnesota (the "Premises"), and Seller shall
convey the Assets to Buyer at closing by a Bill of Sale and other appropriate
instruments of conveyance. The Assets shall include, but not be limited to, the items
described on the schedule attached as Exhibit A.
2. Purchase Price.
A. The total purchase price for the Assets shall be _. The purchase price
shall be paid as follows:
I. ~ash with ~ paid as earnest money; and
_ paid at closing.
2. The inventory shall be determined by the Buyer at his discretion at
closing.
B. Buyer has inspected the Assets and accepts the same in their current AS IS
condition.
a. The parties agree that the purchase price shall be allocated as follows
among the Assets:
Assets
Price
Equipment and Fixtures
$
Goodwill
$
Total Business Purchase Price:
$
it
3. Closinll Date. The parties shall close this transaction on or before July 1 ", 2009,
The "Closing Date".
4. Inventorv. The Buyer shall pay for inventory by a separate check yet to be
determined. Inventory includes: beer, liquor, cigarettes, food, soda pop, ect.
5. No Assumotion of Liabilities. Buyer does not assume, and shall not be responsible
for, any liability, obligation or commitment of Seller, whether existing, actual,
absolute, accrued or contingent, except the following obligations, which Buyer shall
assume and agree to pay:
6. Reoresentations. Warranties and Covenants of Seller. Seller represents and warrants to,
and covenants with, Buyer that:
A. Seller is the owner of, and at the closing will deliver to Buyer, good and
marketable title to all of the Assets, free and clear of all liens, mortgages,
pledges, security interests, charges, claims, restrictions or encumbrances.
B. There is no litigation or other legal or administrative proceeding currently
pending or known by Seller or to be threatened against Seller, or the Assets,
which would prevent Seller or from carrying out the terms of this Agreement.
C. During the past 12 months, neither Seller, nor any predecessor or affiliate of
Seller has been involved as debtor in any proceeding under the U.s. Bankruptcy
Code, or any state insolvency, receivership or similar statute.
D. The furniture, fixtures, and equipment being sold to Buyer are, to the best of the
knowledge of Seller, in good working condition and repair and presently in
conformity with all applicable ordinances, regulations and all other federal,
state or local laws.
E. Subject to Section 5 above, all expenses related to the operation of the Business
including, without limitation, all employee benefits (if any), pensions (if any),
compensation, all unemployment compensation and worker's compensation
insurance, all federal and state payroll and other taxes, and all utility and other
charges and liabilities incurred by Seller prior to closing shall be the
responsibility of, and shall be paid in full by, Seller when due, except that any
payroll or income taxes shall be paid at the time required by law. All federal,
state and other tax returns required of Seller have been, and as of the Closing
Date will have been, properly completed and filed as provided by law.
F. Liquor license must be applied for and obtained by Buyer.
G. Buyer is aware that Liquor Barrel name is not part of sale.
23
7. Reoresentations and Warranties of Buver. Buyer represents and warrants to Seller
that:
A. If Buyer is a corporation, Buyer is duly organized, validly existing, and in
good standing under the laws of the State of Minnesota and has the requisite
corporate power and authority to enter into and perform its obligations under
this Agreement.
B. The executions of this Agreement by Buyer and the performance by Buyer of
its obligations hereunder have been duly authorized by all necessary corporate
action. This Agreement and the other documents contemplated by the
Agreement, when duly executed and delivered by Buyer, will constitute valid
and binding obligations of Buyer and will be enforceable in accordance with
their respective terms. Buyer agrees to provide documents evidencing the
above if requested by Seller.
C. The execution and delivery of this Agreement and the consummation or the
transactions contemplated by it will not result in the breach of, or in the default
under, any outstanding contract, lease, deed, agreement or other instrument to
which Buyer is a party or by which it or any of its properties is bound. Buyer
is not in breach of or in default under any outstanding contract, lease, deed,
agreement or other instrument where such breach or default would have an
adverse effect upon the transactions contemplated hereunder.
D. There is no litigation or other legal or administrative proceeding currently
pending or known to be threatened against Buyer which would prevent Buyer
from carrying out the terms of this Agreement and the transactions
contemplated hereunder.
E. Buyer has obtained any and all consents necessary for the valid and effective
consummation of the transactions contemplated by this Agreement.
F. During the past 12 months, neither Buyer nor any predecessor or affiliate of
Buyer has been involved as debtor in any proceeding under the U.S.
Bankruptcy Code, or any state insolvency, receivership or similar statute.
G. No representation or warranty by Buyer in this Agreement, or any statement or
certificate furnished or to be furnished by it to Seller pursuant hereto, contains
or will contain any untrue statement of a material fact, or omits or will omit to
state a material fact necessary to make the statements contained therein not
misleading.
H. Buyer will not take any actions which harm the Business.
I. The foregoing representations, warranties and covenants are made by Buyer
with the knowledge and expectation that Seller is placing complete reliance
thereon.
%1
8. Possession Date. The parties agree that Buyer shall take possession of the Business
at closing.
9. Indemnification.
A. Seller (the "Indemnitor") shall indemnifY, defend and hold Buyer harmless from
and against any loss, cost, damage or expense (including reasonable attorneys'
fees), which arises or has arisen out of or is related to the operation of the
Business by Seller on or before the date of Closing, or which occurs as a result
of the breach of any of the Indemnitor's warranties and representations in this
Agreement, or any breach, no fulfillment or nonperformance by the Indemnitor
of any of their covenants, duties, or obligation in this Agreement. In the event
Indemnitor fails to pay when due any claim Buyer may have for
indemnification pursuant to this Section 10(a), Buyer may set off an amount
equal to Buyer's claim against the amounts otherwise owed by Buyer to Seller.
After acquiring knowledge of the existence of any losses or damages to which
the Indemnitor's indemnification obligations would apply, Buyer shall notifY
the Indemnitor in writing of the existence of such losses or damages. Buyer
shall give Indemnitor a reasonable opportunity to cure or to defend the claim, at
Indemnitor's own expense; provided that Buyer shall at all times also have the
right to fully participate in the defense of any claim at its own expense.
B. Buyer shall indemnifY, defend and hold Seller harmless from and against all
loss, cost, damage or expense (including reasonable attorneys' fees), which
arises out of or is related to the operation of the Business by Buyer on or after
the date of Closing or which occurs as a result of any breach of Buyer's
warranties and representations in this Agreement, or any breach, no fulfillment
or nonperformance by Buyer of any of its covenants, duties or obligations in
this Agreement. In the event Buyer fails to pay when due any claim Seller may
have for indemnification pursuant to this Section I O(b), Seller may set off an
amount equal to Seller's claim against any amounts owed by Seller to Buyer.
After acquiring knowledge of the existence of any losses or damages to which
Seller's indemnification obligations would apply, Seller shall notifY Buyer in
writing of the existence of such losses or damages. Seller shall give Buyer a
reasonable opportunity to cure or to defend such claim, at Buyer's own expense;
provided that Seller shall at all times also have the right to fully participate in
the defense of any claim at its own expense.
10. Conditions to Closing.
A. Conditions to Obligation of Buver. The obligation of Buyer to complete the
purchase in accordance with the terms set forth in this Agreement is subject to
J5'
the satisfaction (or written waiver by Buyer) of each of the following
conditions:
I) All covenants required to be performed or complied with by Seller on
or before the Closing Date shall have been fully complied with or
performed in all material respects;
2) Seller shall have delivered to Buyer each of the closing items described
in this Agreement, and such items shall be reasonably satisfactory in
form to Buyer;
3) Buyer having obtained health department approval;
4) Buyer having obtained liquor; and
5) Buyer to complete a property inspection:
6) No action, suit or proceeding before any court or governmental body or
authority, pertaining to or affecting the transactions contemplated by
this Agreement, shall have been instituted or threatened on or before the
Closing Date.
7) Buyer attorney to review all documents.
B. Conditions to Obligation of Seller. The obligation of Seller to complete the sale
in accordance with the terms set forth in this Agreement is subject to the
satisfaction (or written waiver by Seller) of each of the following conditions:
I) All covenants required to be performed or complied with by Buyer on
or before the Closing Date shall have been fully complied with or
performed in all material respects;
2) Buyer shall have delivered to Seller each of the closing items described
in this Agreement, and such items shall be reasonably satisfactory in
form to Seller; and;
3) No action, suit or proceeding before any court or governmental body or
authority, pertaining to or affecting the transactions contemplated by
this Agreement, shall have been instituted or threatened on or before the
Closing Date.
4) At time of closing Seller will deliver a bill of sale for all the
equiptrnent.
II. Time. Survivability. and Amendment. Time is of the essence in this Agreement.
All representations, warranties and obligations of the parties hereunder shall survive the
execution of this Agreement and the closing hereunder. This Agreement may be
amended only in writing signed by all parties.
J/;
12. Governinl! Law. The laws of the State of Minnesota shall govern the effect and
construction of this Agreement.
13. Effect. This Agreement shall be binding upon the parties hereto, their heirs,
representatives, successors, and assigns.
14. Notices. All notices, requests, demands and other communications hereunder shall
be in writing and shall be deemed to have been duly given if delivered in person or
mailed by certified or registered mail to the following addresses or to such other
locations as either party may designate to the other is writing:
TO SELLER
Terrance Sager
5485 157'" St N
Hugo, MN 55038
TO BUYER
Jedediah Marek
3719 Burgundy Dr
Eagan, MN 55122
TO AGENT
George Novak
Gaughan Companies
56 E Broadway Ave Suite 200
Forest Lake, MN 55025
TO AGENT
Tammy M Kiger
Home Smart Realty, Inc.
4401 158'" Ave NW
Andover, MN 55304
15. Assignment. Buyer may not assign Buyer's rights under this Agreement or under
any of the documents contemplated by this Agreement without the written consent of Seller.
16. Entire Al!reement. This Agreement contains the entire understanding between the
parties with respect to the purchase of the Assets by Buyer and supersedes all prior agreements
and understandings between the parties with respect to such purchase. Buyer is relying upon no
representation or warranty, expressed or implied, other than as stated in this Agreement or the
exhibits hereto.
17. Continuation of Business. From the date hereof until closing, Seller will conduct
the Business in the usual and ordinary manner, will maintain inventories at such levels as are
maintained in the usual and ordinary course of Seller's Business, and will use its best efforts to
preserve for Buyer the existing relationsltips with employees, suppliers, customers, and others
having business relations with Buyer.
J1
18. Proration. All income and operating expenses, if any, of the Business including,
but not limited to, janitor costs, equipment maintenance, telephone charges, trash removal and
utilities shall be responsibly and equitably apportioned between Buyer and Seller as of Closing.
19. Brokers or Agents. The parties are using the services of Gaughan Companies as the
broker in this transaction, with the agent being George Novak. The commission paid to the
Broker shall be . of the purchase price. Tammy Kiger Home Smart Real~c. is
representing the buyer in this transaction with Gaughan Companies paying. to buyer's
agent.
20. Legal ReDresentation. Buyer and Seller have been advised to consult an attorney
with questions regarding this Agreement.
2 I. Further Actions. Seller and Buyer agree to execute and deliver to each other after
the Closing Date such documents and instruments, and to take such other actions after the
Closing Date as are reasonably necessary to carry out this Agreement and the
transactions described herein.
22. Health DeDartment and Related Matters; Release. Any corrective measures that any
health department requires be made as a part of this transaction shall be made by Buyer at
Buyer's sole expense.
23. Liquor Licenses. Buyer shall obtain own liquor licenses.
24. Conditions of Business and ProDettv and Assets. Due to the nature of the business
and new ownership that will be taking over the business certain aspects of the business
may change the name, clientele, prices, hours, gross income, net income, and expenses.
In general the way the new owner will run the business. Seller and Broker Gaughan
Companies (George Novak) makes no warranties of any kind relating to any gross
income, net income, expenses, and any equipment used to operate the business located
at 7093 20th Ave S, Centerville, Minnesota. Buyer has the right to perform in its sole
and absolute discretion, its own independent investigations. Buyer specifically
acknowledges that buyer is purchasing the transferred assets in an: As Is: and "With
All Faults" condition as of the closing date and thereafter. Buyer acknowledges that
seller shall have no obligation to correct any conditions or alleged defects discovered by
Buyer in the course of Buyers investigations of the transferred assets or thereafter.
25. All operating statements, fmancial statements or other financial data that have been
supplied by Seller to Buyer are true, correct and complete and have been prepared in
accordance with generally accepted accounting principles.
26. CONDEMNA TlONfNA TURAL DISASTER: If, prior to the Closing Date,
condemnation proceedings are commenced against all or any part of the Property in
which Business is located, Seller or licensee representing or assisting Seller, shall
it
immediately give written notice to Buyer, or licensee representing or assisting buyer, or
such fact and Buyer may, at Buyer's option, shall declare this Purchase Agreement
terminated by written notice to Seller or licensee representing or assisting Seller, in
which case this Purchase Agreement is terminated and neither party shall have further
obligations under this Purchase Agreement. In the event buyer declares this Purchase
Agreement terminated, Buyer and Seller shall immediately sign a Cancellation of
Purchase Agreement directing all earnest money paid hereunder to be refunded to
Buyer.
27. This Purchase Agreement is contingent upon Buyer obtaining a liquor license by
July I st from the State of Minnesota
28. This Purchase Agreement is contingent upon approval from the City Counsel to
Buyer to conduct business as a liquor store.
29. In the event that Seller acquires permission to view or copy current owners [mancial
statements, Seller shall inform Buyer immediately and provide such information to
Buyer.
30. This Purchase Agreement is contingent upon acceptable negotiation of a lease
agreement between Buyer and Owner of Property.
BUYER: SELLER:
I>ate I>ate
THIS IS A LEGALLY BINDING CONTRACT BETWEEN BUYER(S) AND SELLER(S) IF YOU DESIRE LEGAL OR TAX ADVICE.
CONSULT AN APPROPRIATE PROFESSIONAL
Y9
EXHIBIT C
CASH NOTE
FOR VALUE RECEIVED, the undersigned Jedediah Marek, a Minnesota ("Borrower")
promises to pay to the order of SAHA WK lNe. as the holder hereof shall desi te in writing,
the principal amount of in lawful
money of the United States. This is the total price paid for the off-sale liquor business known
as Sagers Liquor. The inventory shall be paid by the buyer at his desecration by closing.
This Note is exclusively for business purposes.
This Note shall be governed by and construed in accordance with the laws of the State
of Minnesota.
,2009
Date:
Buyer
9!J
iilterviCCe
-- 'EstaDEis/iw{ .1&.'>1
l66IJMlIbI~Cm~<M!J(.ssro8
451-429-J213 or"<<t, 651-429 -6629
June 3, 2009
Mr. AI Erickson
Alcohol & Gambling Enforcement Division
444 Cedar Street, Ste. #133
St. Paul, MN 55101
Dear Mr. Erickson:
Mr. Terry Sager previously applied for an on-sale liquor license for the Centerville
location of 7093 - 20th Avenue South. Mr. Sager will be receiving Centerville
Liquor Barrel back from Mr. Michael Walmer on June 30, 2009 and has signed a
sales agreement with Mr. Jedediah G. Marek for the purchase of the business.
We do understand that two (2) licenses can not be issued to the same location;
however, we do anticipate that Mr. Walmar will be relinquishing his current
license on the 30111. Mr. Marek has completed the appropriate paperwork with the
City and it is anticipated that it will be placed before the City Council on June 10,
2009 for consideration and then forwarding to you.
If you have any questions, please feel free to contact me or Mr. Sager at (651)
270-1209.
Sincerely,
c---.. ..-V ~~
Teresa Bender, CMC
City Clerk
~)-I
9/
OTY OF CENTERVILlE
MONTHL Y ENGINEER'S REPORT
For June 10, 2009 City Council Meeting
tervi{{e
'J:,,'ltlNisli..d lS5,-
Italics '"' New infofTTIation.
Nonnal = No change from last report.
1. 21st Avenue/Backage Road (000616-05143-0). The assessment hearing for Sheehy will be at the
next Council meeting.. A few requirements of the RCWD permit remain: including further wetland
monitoring and platting of the property.
2. Old Mill Road Improvements (000616-06147-0). We received the signed final pay request from
the contractor. However, he has not provided all lC-l34s or Uen Waivers and has stated that he will
not be able to produce them. The City Attomey is working with the Bond Company to issue final
payment through them.
3. Clearwater Creek Estates (Hanzal Property) (000616-06154-0). Reseeding of the corrected
mitigation area has been completed. A skimmer structure is to be placed at the pond outlet per RCWD
requirements. Once the seeding is established and the skimmer structure is installed, we can finalize
the project and ask RCWD to release their pennit surety.
4. Hidden Spring Park (000616-07155-0). The rain garden and other plantings for which Bonestroo
is responsible have been inspected. Bonestroo will be replacing 44 plants. The cedar slats on the glider
bench have now been replaced with recycled ones.
S. Comprehensive Plan (000616-07157-0). The plan has been approved by the full Met Council. A
final heating should be scheduled and the final plan can then be adopted.
Moving forward, next steps include revisions to ordinances as required by the plan as well as other
implementation items.
6. CSAH 14 Construction Services (000616-07159-0). The City's public works staff has been
handling the remaining project inspection work with the exception of issues related to the electrical
system for the lighting. On a limited basis, we have been assisting City personnel as needed at our
nonnal hourly rates.
7. Downtown Redevelopment Comprehensive Infrastructure Plan (000616-07161-0). Pro-
Source Technologies has completed their Umited Site Investigation Report on the contaminated soils in
the downtown area. Staff will be briefed on this report next week.
8. TE Grant Trail Project (000616-08165-0). We are working to finalize the plans and submit them
to MNDOT for formal review. We have also received formal comments from MNDOT on our Project
Memorandum. We are making those revisions to that document and will send it on to the county when
finished for their approval We will need to decide whether or not to complete the project this year and
wait for reimbursement from our original funding source or wait until our programmed year of 2012.
MNDOT has given us their comments on our preliminary design. They have given us the go-ahead to
move segment L to the location along Brian Drive. We also received comments from Anoka County. At
our most recent meeting with the Parks Committee, it was deddecl to take the Pergola! Arbor off the
project to keep costs down and to go with a more modest kiosk. We will be finalizing the plans and will
be ready to move towards acquiring the necessary easements. This process will likely take us into late
fall, making a Spring 2010 construction the most likely scenario.
9. 2008 Downtown Storm Water Improvements (000616-08167-0). City staff has contacted
Anoka County Parks Staff to discuss the possibility of partnering with them to construct some of the
pond facilities In their nearby park area. We have obtained the original plans for their pond and are
exploring modification alternatives to accommodate our requirements under Rice Creek Watershed
District rules. We have requested a meeting with Rice Creek Watershed District staff to discuss this
option and their requirements.
10. 2009 Pond Dredging (000616-09168-0). The project will remain on hold until next winter.
11. Peltier Lake Drive Area Street" Utility Improvements (2009.01) (000616-09169-0), 2009
Street Improvements (2009.02) (000616-09170-0). Construction is well underway with water
main, bolt replacements and sanitary sewer repairs taking up most of the contractor's time. The Oty
Council approved two change orders at the last meeting. Change Order #2 was for the additional
water main on Mill Road, the other was to deal with the unsuitable soilronditions on Peltier Lake Drive
near the DNR Wetland.
Street ronstruction Including curb repairs and bituminous removals and patching will begin in earnest
the week of June If' in the 7? Street area.
- End of memo -
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