Loading...
HomeMy WebLinkAbout5F - Sale of 16675 Franklin Trl MEETING DATE: AGENDA #: PREPARED BY: AGENDA ITEM: DISCUSSION: 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 CITY COUNCIL AGENDA REPORT August 21, 2006 5F Kelly Meyer, Asst. to the City Manager CONSIDER APPROVAL OF A RESOLUTION AUTHORIZING THE MAYOR AND CITY MANAGER TO ENTER INTO A MODIFIED VERSION OF THE CITY'S STANDARD PURCHASE AGREEMENT FOR THE SALE OF 16675 FRANKLIN TRAIL IN CONNECTION WITH THE DEVELOPMENT OF A TWO.STORY OFFICE/RETAIL BUILDING BY VILLAGE COMMERCE BUILDING, LLC. Introduction: The purpose of this agenda item is to formally authorize the Mayor and City Manager to enter into a Purchase Agreement for the sale of property at 16675 Franklin Trail by Village Commerce Building, LLC. Historv: The City originally purchased from Tom Kortsch in 2001 as part of a redevelopment of the former T J Towing site. In May 2005, the City requested proposals from bidders interested in purchasing this site in order to construct a commercial building. The intent in seeking proposals for this development was to continue the redevelopment efforts consistent with the direction provided in the City's 2030 Vision and Strategic Plan. On May 5, 2006, the City Council awarded the project to Village Commerce Building, LLC represented by Dan O'Keefe whose proposal conformed with the requirements of the RFP, planned for a 2-story building, and offered a purchase price of $204,000 for the parcel. On June 26, 2006, the City Council authorized City participation in two documents. The first was an Agreement Regarding the Purchase of City-Owned Property that set out the terms and conditions of the sale, and the second document was a development agreement. Since June 2006, the developer and City have been working to satisfy the requirements of these agreements and issue a building permit. On August 7, the City Council approved a combined preliminary and final plat and development contract for this development. Current Circumstances: At this time, all the conditions set out in the above agreements for the sale of the property have been met. The next step in the process is to enter into a modified version of the City's standard purchase agreement and complete the sale. Attached is a copy of the proposed agreement. The developer will have to agree to the terms and submit a signed document prior to the Council considering this item. Conclusion: This action is the next step in the process for development of the two-story office/retail building by Village Commerce Building, LLC. Action by the Council would authorize the staff to complete the sale based upon the terms and conditions set forth in the attached Purchase Agreement, the Agreement Regarding the Purchase of City-Owned Property dated June 26, 2006, and the Development Agreement dated June 26, 2006. www.cityofpriorlake.com Phone; M9B!.4~'Ti2g(} ...1' fffi@ ~B2i:441::4~4B ISSUES: There are no significant issues in the proposed Purchase Agreement. Some modifications have been made from the City's standard version in order to incorporate the two previous agreements (and their conditions) that have driven this project - the Agreement for the Purchase of City-Owned Property, and the Development Agreement. Consistent with those documents, any non-performance on the part of the developer in commencing construction of the building by September 1, 2006 would result in rescission of the sale of the property, the City retaining the $204,000 purchase price, as well as any cash payments received for extension of the original timeline. Language to this affect is required in the conveyance document as well. The City Attorney has reviewed the Purchase Agreement. It is a similar agreement to the one entered into by Rock Creek Designers and Builders for the Hastings Avenue property. At the time of submittal of this report, we do not have a signed agreement, but expect to finalize all of the details and submit a signed agreement to the Council before its consideration at its August 21st meeting, In addition, the Council will recall that the City approved a 6 month extension to the initial deadline for entering into a Development Agreement by Resolution 06-070. This extension affects other timelines within the agreements related to the rescission of the sale if significant construction is not completed in a timely manner. It seems appropriate, therefore, as a housekeeping measure, that the following deadlines also be extended: Commence construction..... .,.... from 9/1/06 to 11/1/06 Complete construction..............from 4/1/07 to 6/1/07 Final Cert of Occupancy........ ....from 6/1/07 to 8/1/07 FINANCIAL IMPACT: The sale of the property will provide $204,000. The City will assume closing costs typical of the Seller, including the costs for providing marketable title. Staff does not expect those costs to exceed $2,000. In the event there are title corrections that would require additional funds, staff would come back to the Council for authorization. The long-term financial impact of this project is more difficult to quantify. The addition of a commercial building to the site will provide additional tax base, and the new building will likely stimulate additional business in our Village Lake Drive area, continuing the revitalization efforts directed in the City's 2030 Vision and Strategic Plan. No City subsidy will be used to support this project. ALTERNATIVES: 1. Adopt the resolution authorizing execution of the proposed Purchase Agreement. 2. Take no action and provide staff with direction. RECOMMENDED Alternative 1. Motion and Second to Approve Resolution 06-XX Authorizing the Mayor and City MOTION: Manager to Enter into a modified version of the City's Standard Purchase Agreement for the Sale of Prope at 16675 Franklin Trail, Prior Lake, and Directing the Staff to Amend the Timeline in the Devel ment Agreement and Agreement Regarding the Purchase of City-Owned Property to be ..LA llnsi ent with a construction commencement date of November 1, 2006. Revie,ed ~y: J C 1 /~ V Frank Boyles, City 'eYr 16200 Eagle Creek Avenue S.E. Prior Lake, MN 55372-1714 RESOLUTION 06-XX Motion By: Second By: WHEREAS, the 2030 Vision and Strategic Plan provides that continued revitalization of the cities commercial areas is important to the citizens of Prior Lake; and WHEREAS, the City Council has deemed that a parcel located at the intersection of Franklin Trail and Village Lake Drive (16675 Franklin Trail) is surplus to the City's needs; and WHEREAS, Village Commerce Building, LLC submitted a proposal consistent with the terms and conditions set forth in the Request for Proposals issued by the City for the sale of the property and construction of a new two-story building, and WHEREAS, the City Council awarded the project to Village Commerce Building, LLC and entered into agreements setting out the terms and conditions of the sale and development; and WHEREAS, the Developer has met each of the conditions required to proceed with the purchase of the property, and the City staff has negotiated in good faith the terms and conditions of the Purchase Agreement consistent with the provisions of the Agreement Regarding the Purchase of City-Owned Property dated June 26, 2006, and the Development Agreement dated June 26, 2006; and WHEREAS, the Developer has indicated his acceptance of the terms of the purchase by executing a modified version of the City's Standard Purchase Agreement; and WHEREAS, an extension of the deadline for entering into a development agreement for the property has impacted the deadline for commencement of construction and are cause for adjustment to the remaining timelines; and WHEREAS, the Council believes the terms and conditions of the Purchase Agreement are appropriate, as well as an adjustment to the timeline to commence construction. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF PRIOR LAKE, MINNESOTA that: 1. The recitals set forth above are incorporated herein. 2. The Mayor and City Manager are hereby authorized to enter into a modified version of the City's Standard Purchase Agreement, together with any document necessary to close the transaction, for the sale of the property at 16675 Franklin Trail, Prior Lake, MN, in accordance with the terms and conditions of an Agreement Regarding Purchase of City-Owned Property dated June 26, 2006, and a Development Agreement dated June 26, 2006. 3. Staff is hereby directed to amend the timeline in the Development Agreement and Agreement Regarding the Purchase of City-Owned Property for the commencement of construction to November 1, 2006, completion of construction to June 1, 2007, and issuance of a final certificate of occupancy to August 1, 2007.. 4. Staff is hereby authorized to proceed to close the transaction consistent with the terms and conditions of the Purchase Agreement. PASSED AND ADOPTED THIS 6TH DAY OF FEBRUARY 2006. I Haugen I Dornbush I Erickson I leMalr I Millar YES X X X X X NO Haugen Dornbush Erickson leMair Millar City Manager, City of Prior Lake www.cityofpriorlake.com I:\COUNCI L \RESOLUTI\ADMINRES\2006\%t9h~i1~~~~ill23~i~inIt~52. 44 7.4245 REAL ESTATE PURCHASE AGREEMENT THIS AGREEMENT ("Agreement") made and entered into this day of , 2006, by and between VILLAGE COMMERCE BUILDING, LLC, a Minnesota municipal corporation, whose address is 14093 Commerce Avenue, Suite #1, Prior Lake, Minnesota 55372 (referred to herein as "Buyer"), and the CITY OF PRIOR LAKE, a Minnesota municipal corporation, whose address is 4646 Dakota Street SE, Prior Lake, MN 55372 (referred to herein as "Seller"). IN CONSIDERATION of the mutual covenants and agreements set forth herein the sufficiency of which is not disputed, it is hereby mutually agreed by Seller and Buyer as follows: SECTION 1, SALE AND PURCHASE OF LAND 1.1) Seller shall sell to Buyer and Buyer shall purchase from Seller, upon the terms and conditions contained herein and in that certain Agreement Regarding the Purchase of City-Owned Property dated June 26, 2006 and that certain Development Agreement dated June 26, 2006 and attached hereto and incorporated herein as Exhibit A (hereinafter collectively referred to as the "Purchase Agreement"), the following property: 1.1.1) The vacant, unimproved land in Scott County, Minnesota, legally described as follows and incorporated herein, together with all right, title and interest in and to any roads, alleys or right-of-ways adjoining or servicing such land, along with easements appurtenant thereto. Legal Description: That part of the West Half of the Southeast Quarter of Section 2, Township 114, Range 22, Scott County, Minnesota, described as follows: Commencing at the Southeast comer of said West Half of the Southeast Quarter; thence North 00 degrees 08 minutes 19 seconds East along the West line of that plat of Prior South, Scott County, Minnesota, as monumented, a distance of 1940. 74 feet to the intersection with a line drawn parallel with and distant 33.00 feet Southerly (as measured at right angles) of the centerline of County Road No. 39 (Franklin Trail) the point of beginning of the land to be described; thence South 87 degrees 29 minutes 19 seconds West along said parallel line a distance of 150.00 feet; thence South 00 degrees 08 minutes 19 seconds West a distance of 265.44 feet; thence South 89 degrees 51 minutes 41 seconds East a distance of 149.84 feet to the intersection with a line drawn South 00 degrees 08 minutes 19 seconds West from a point of beginning; thence North 00 degrees 08 minutes 19 seconds East a distance of 263.38 feet to the point of beginning. For the purpose of this description to the South line of said West Half of the Southeast Quarter was designated a bearing of North 89 degrees 55 minutes 36 seconds East and all others are relative thereto, according to the Government Survey thereof (Torrens Certificate Number: 35072) Property Address: 16675 Franklin Trail, Prior Lake, MN 55372 (hereinafter referred to as "Subject Property"). 1:\Agreements\Purchase Agreements\PA - Village Commerce ~uilding.DOC SECTION 2. PURCHASE PRICE 2.1) The purchase price for the Subject Property ("Purchase Price") shall be Two Hundred Four Thousand and no/100 Dollars ($204,000.00) payable by Buyer to Seller on the date of closing by certified check. SECTION 3. TITLE MATTERS 3.1) Seller shall furnish to Buyer within five (5) days hereof a current commitment for the issuance of a 1987/1990 AL TA Form B owner's policy of title insurance ("Commitment") issued by a Title Insurance Company acceptable to Buyer ("Title") in the amount of the Purchase Price, committing to insure that Buyer will have good and marketable title to the Subject Property, free of any and all standard and other exceptions to title, except matters to which Buyer may consent in writing. 3.2) In the event any exceptions are listed in the Commitment for title insurance other than accepted by Buyer hereunder, the Seller shall promptly cause the exception to be removed. If the Seller fails to remove the same within the time allowed for closing on the Subject Property, the Buyer (at Buyer's option) shall have the right to (a) accept the Subject Property with the exceptions, or (b) cause the exception(s) to be removed and credit Buyer's cost to remove the exception(s) against the Purchase Price. SECTION 4. CLOSING 4.1) The closing ("Closing") shall be at a location designated by Buyer, and shall occur within ten (10) days after the execution of this Agreement ("Closing Date"), or upon such other date as mutually agreed to by Buyer and Seller. 4.2) On the Closing Date, Seller shall deliver to Buyer possession of the Subject Property. 4.3) On the Closing Date, Seller shall execute and deliver to Buyer the following: 4.3.1) A duly executed Warranty Deed, subject to the exceptions consented to by Buyer in writing; 4.3.2) A customary affidavit that there are no unsatisfied judgments of record with respect to the Subject Property, no actions pending in any state or federal courts, no tax liens, and no bankruptcy proceeding filed against Seller, and no labor or materials have been furnished to the Subject Property for which payment has not been made, and that to the best of Seller's knowledge there are no unrecorded interests relating to the Subject Property; and 4.3.3) A certificate on a form acceptable to Buyer that all of the covenants, representations and warranties of Seller as set forth in Section 5 are true and correct as of the Closing Date. 4.3.4) The Abstract of Title to the Subject Property, if the Subject Property is Abstract property and the Abstract is in Seller's possession or control. 4.3.5) Well Certificate. If there is a well located on the Subject Property, a Well Disclosure Certificate signed by Seller in the form required by law. 4.4) Seller shall pay at Closing all general real estate taxes levied against the Subject Property due and payable for all years prior to the year of Closing, the balance of all special assessments levied or 1:\Agreements\Purchase Agreements\PA - Village Commerce ~ilding.DOC pending against the Subject Property as of the Closing Date, and any deferred taxes. Seller shall pay all the general real estate taxes levied against the Subject Property due and payable in the year of Closing. Buyer shall not assume the unpaid balance of any special assessments. 4.5) Seller shall pay at Closing: 4.5.1) state deed tax; 4.5.2) all costs associated with obtaining a title insurance commitment and providing an Owner's policy of title insurance, including name searches, tax searches, bankruptcy searches, and property inspection fees; 4.5.3) recording fees for corrective instruments required to remove encumbrances and place marketable title in Buyer's name; 4.5.4) one-half (1/2) of the Closing fee charged by the Title Company. 4.6) Buyer shall pay at Closing: 4.6.1) the Purchase Price as defined in Section 2 herein; 4.6.2) all recording fees and charges relating to the filing of the Warranty Deed; and 4.6.3) one-half (1/2) of the Closing fee charged by Title Company. SECTION 5, COVENANTS. REPRESENTATIONS AND WARRANTIES OF SELLER 5.1) Seller, as an inducement to Buyer to enter into this Agreement, and as part of the consideration therefor, represents, warrants, and covenants with Buyer and its successors and assigns that: 5.1.1) There are no leases, options, purchase Agreements, rights to redeem, tenancy Agreements, or rights of occupancy, written or verbal, and no person or party has, or will have any rights of adverse possession, regarding or arising out of the occupancy of the Subject Property. 5.1.2) Sellers will maintain in force insurance against public liability from such risk and to such limits as in accordance with prudent business practice and suitable to the Subject Property from the date hereof to the Closing Date; 5.1.3) As part of this Agreement, Sellers shall execute the well disclosure certificate attached hereto as Exhibit "B". Sellers shall deliver the well certificate to Buyer on the date of execution of this Agreement. Sellers warrant that all statements set forth in the well certificate are true, accurate and complete to the best of Seller's knowledge. 5.1.4) Seller represents and warrants to Buyer that Seller has the requisite of power and authority to enter into this Agreement and the Seller's Closing Documents to be signed by Seller; that the execution, delivery and performance by Seller of such documents do not conflict with or result in violation of any judgment, order, or decree of any court or arbiter to which Seller is a party; and such documents are valid and binding obligations of Seller, and are enforceable in accordance with their terms. 1:\Agreements\Purchase Agreements\PA - Village Commerce ~ilding.DOC 5.1.5) Seller owns the Subject Property free and clear of all encumbrances, liens, covenants, conditions, easements, restrictions, reservations, and assessments, except those exceptions consented to by Buyer in writing. 5.1.6) Seller has received no notice of actual or threatened special assessments or reassessments of the Subject Property. 5.1.7) Seller is not in default in the performance of any of Seller's obligations or liabilities under any easement Agreement, covenant, condition, restriction or other instrument relating to the Subject Property. 5.1.8) 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. 5.1.9) There is no action, litigation, investigation, condemnation or proceeding of any kind pending or, to the best knowledge of Seller, threatened against Seller or the Subject Property. 5.1.10) Seller certifies that Seller does not know of any private sewer system on or serving the Subject Property, nor have any been installed or removed during Seller's ownership of the Subject Property. 5.1.11) There are no encroachments or boundary line issues affecting the Subject Property. 5.1.12) The Subject Property abuts on and has direct vehicular access to a public road or has driveway access to public roads by permanent, irrevocable easements which will be conveyed to Buyer on the date of closing, and Seller has no knowledge of any fact or condition which would result in the termination of such access. 5.1.13) The Subject Property is served by the following public and private utility services: electric, gas, storm sewer, water, sanitary sewer and telephone, all of which services are available in adequate capacities to properly service the Subject Property. Seller has received no notice of actual or threatened reduction or curtailment of any utility service now supplied to the Subject Property. All utility lines reach the boundaries of the Subject Property through public rights-of-way or valid private easements, the interest of Seller in which shall be assigned by Seller to Buyer on the Closing Date. 5.1.14) Seller has no knowledge of any defects in the physical condition of the Subject Property. 5.2) The covenants, representations, and warranties contained in Section 5 shall be deemed to benefit Buyer and its successors and assigns and shall survive any termination or expiration of this Purchase Agreement or the giving of the Deed. All of Seller's covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Buyer's obligations hereunder. If Buyer discovers that any such covenant, representation, or warranty is not true, Buyer may elect prior to closing, in addition to any of its other rights and remedies, to postpone the Closing Date up to ninety (90) days to allow time for correction. SECTION 6. COVENANTS. REPRESENTATION. WARRANTIES OF BUYER 6.1) Buyer, in order to comply with the terms of that certain Agreement Regarding the Purchase of City-Owned Property dated June 26, 2006 and that certain Development Agreement dated June 26, 2006, represents, warrants, and covenants with Seller and its successors and assigns that: 1:\Agreements\Purchase Agreements\PA - Village Commerce ~i1ding.DOC 6.1.1) Buyer shall construct a two-story commercial retail and office building on the Subject Property, with approximately 22,332 square feet consistent with the approved final plat for Village Commerce Addition. The architecture of the building shall be consistent with the plans and specifications submitted for building permit approval and the renderings attached hereto as Exhibit C. Construction of the building shall commence no later than November 1, 2006. 6.1.2) Buyer has completed all permitting processes, including but not limited to any conditional use permit and building permit, as provided for in that certain Agreement Regarding the Purchase of City-Owned Property dated June 26, 2006, and that certain Development Agreement dated June 26, 2006. 6.1.3) Buyer acknowledges that it will re-convey the Subject Property to the Seller and the Seller shall be entitled to all of its remedies as set out in the Development Agreement if Buyer fails to commence construction, as that term is described in the Development Agreement, on or before November 1, 2006. This rescission provision shall be included in the conveyance document. 6.2) The covenants, representations, and warranties contained in Section 6 shall be deemed to benefit Seller and its successors and assigns and shall survive any termination or expiration of this Purchase Agreement, or the giving of the Deed. 6.3) All of Buyer's covenants, representations and warranties in this Agreement shall be true as of the date hereof and of the Closing Date, and shall be a condition precedent to the performance of Seller's obligations hereunder. SECTION 7. ENVIRONMENTAL INVESTIGATION AND SOIL CORRECTION 7.1) Buyer may perform such inspections of the Subject Property as Buyer, in Buyer's sole discretion, deems appropriate (the "Inspections"). The Inspections shall be done at Buyer's sole cost and expense. Buyer and Buyer's agents shall have the right, at all reasonable times, to enter upon the Subject property to perform the Inspections. 7.2) Buyer shall give Seller not less than 48 hours' advance notice of any Inspection. Buyer shall attempt to perform all Inspections Monday through Friday during normal business hours. Seller shall be entitled to have a representative accompany Buyer's representative at all times. Buyer shall indemnify and hold Seller harmless from any damage or destruction of the Property or physical injuries occurring as a result of Buyer's acts while conducting Inspections. 7.3) The parties acknowledge that the Inspections provided for herein should provide Buyer with full and adequate opportunity to inspect the Subject Property and will thoroughly acquaint Buyer with its condition. Accordingly, if and when Closing occurs, Buyer shall take the Subject Property "As Is" and "Where Is," with all faults and defects, if any, except as specifically set forth in this Agreement. Seller has not made and does not make any representations as to the physical condition, expenses, operation or any other matter or thing affecting or related to the Subject Property, except as specifically set forth in this Agreement. Buyer agrees to indemnify and hold Seller harmless from and against and to reimburse Seller with respect to any and all claims, demands, causes of action, losses, damages, liabilities and costs (including attorneys' fees and court costs) asserted by Buyer against Seller by reason of or arising out of the physical condition or operation of the Subject Property subsequent to the Closing Date, except to the extent that the same are proven to have been incurred as a result of a breach of any representation or warranty of Seller as set forth in this Agreement. In particular, Buyer agrees to hold Seller harmless from any claims arising out of the soil conditions of the Subject Property. 1:\Agreements\Purchase Agreements\PA - Village Commerce fiJilding.DOC SECTION 8, CONTINGENCIES The obligations of Buyer and Seller under this Agreement are contingent upon each of the following: 8.1) The representations and warranties of Sellers set forth in Section 5 of this Agreement must be true as of the date of this Agreement and on the Closing Date, and Sellers shall have delivered to Buyer at Closing a certificate dated the Closing Date, signed by Sellers, certifying that such representations and warranties are true as of the Closing Date; 8.2) The representations and warranties of Buyer set forth in Section 6 of this Agreement must be true as of the date of this Agreement and on the Closing Date, and Buyer shall have delivered to Seller at Closing a certificate dated the Closing Date, signed by Buyer, certifying that such representations and warranties are true as of the Closing Date; 8.3) Buyer shall have determined on or before the Closing Date, that it is satisfied, in its sole discretion, with the results of the environmental/soil investigations and tests, and any subsequent remediation of the Subject Property; 8.4) Buyer is satisfied in its sole discretion with the results of any survey performed by Buyer, or verification of the Seller's Survey, the cost of which is to be assumed by Buyer; 8.5) Title shall have been found acceptable, or been made acceptable, in accordance with the requirements and terms of this Purchase Agreement; 8.6) Buyer and Seller shall have performed all of the obligations required to be performed under this Agreement, as and when required by this Purchase Agreement; 8.7) The results of the Inspections shall be satisfactory to Buyer, in Buyer's sole discretion; and 8.8) Buyer shall have satisfied itself, in Buyer's sole discretion, that water and gas main, electric power lines, and sanitary and storm sewers are available at the property lines and adequate for Buyer's proposed use of the Subject Property. The contingencies set forth in Sections 8.3 through 8.8 shall remain in force until the Closing. Sections 8.1 and 8.2 shall survive the Closing pursuant to this provision and Sections 5.2 and 6.2 herein. In the event Buyer terminates as a result of these contingencies, neither party shall have any further rights or obligations under this Agreement, except as provided in that certain Agreement Regarding the Purchase of City-Owned Property and Development Agreement, both dated June 26, 2006. SECTION 9 MISCELLANEOUS 9.1) The covenants, representations, warranties, indemnifications and, to the extent applicable following the Closing, obligations, made by Seller and Buyer shall survive the Closing of this transaction. 9.2) Any notice, demand, or request which may be permitted, required or desired to be given in connection herewith shall be in writing and sent by certified mail, hand delivery, overnight mail service such as Federal Express, or Western Union telegram or other form of telegraphic communication, directed to Sellers or Buyer. Any notice shall be deemed effective when delivered to the party to whom it is directed. Unless other addresses are given in writing, notices shall be sent to Sellers or Buyer at the applicable addresses stated on the first page of this Agreement. 1:\Agreements\Purchase Agreements\PA - Village Commerce 8Jilding.DOC 9.3) Time shall be of the essence in this Agreement. Where any date or time prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or time shall automatically be extended to the next normal business day. 9.4) Each party hereto shall promptly, on the request of the other party, have acknowledged and delivered to the other party any and all further instruments and assurances reasonably requested or appropriate to evidence or give effect to the provisions of this Agreement. 9.5) This Purchase Agreement, including that certain Agreement Regarding the Purchase if City- Owned Property and Development Agreement described herein and incorporated as Exhibit A, represents the entire Agreement of the parties with respect to the Subject Property. No representations, warranties, inducements, or oral Agreements have been made by any of the parties, except as expressly set forth herein, or in other contemporaneous written Agreements. This Purchase Agreement may not be changed, modified or rescinded, except by a written Agreement signed by both parties hereto. 9.6) If Buyer or Seller defaults under any of the terms hereof, the remedies available to either party shall be as provided in the Agreement Regarding the Purchase if City-Owned Property and Development Agreement, both of which are dated June 26, 2006 and previously incorporated herein as Exhibit A. 9.7) If any provision of this Agreement is declared void or unenforceable, such provision shall be deemed severed from this Agreement, which shall otherwise remain in full force and effect. 9.8) Failure of any party to exercise any right or option arising out of a breach of this Agreement shall not be deemed a waiver of any right or option with respect to any subsequent or different breach, or the continuance of any existing breach. 9.9) This Agreement shall inure to the benefit of and be binding upon the parties hereto and their respective heirs, personal representatives, successors and assigns. 9.10) This Agreement shall be construed in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the day and year first above written. SELLER: CITY OF PRIOR LAKE BUYER: VILLAGE COMMERCE BUILDING, LLC By: Jack G. Haugen, Mayor Daniel O'Keefe By: Frank Boyles, City Manager 1:\Agreements\Purchase Agreements\PA - Village Commerce lJuilding.DOC STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , , by Jack G. Haugen and by Frank Boyles, respectively the Mayor and City Manager of the CITY OF PRIOR LAKE, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) )ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , , by Daniel O'Keefe, t of VILLAGE COMMERCE BUILDING, LLC, a Minnesota Limited Liability Corporation, on its behalf. Notary Public This Instrument drafted by: CITY OF PRIOR LAKE 16200 Eagle Creek Avenue SE Prior Lake, MN 55372 Telephone: (952) 447-4230 1:\Agreements\Purchase Agreements\PA - Village Commerce lIJ.lilding.DOC EXHIBIT "A" Agreement Regarding the Purchase of City-Owned Property and Development Agreement 1:\Agreements\Purchase Agreements\PA - Village Commerce ~i1ding.DOC AGREEMENT REGARDING THE PURCHASE OF CITY OWNED PROPERTY This Agreement is entered into this 2..Lday of June ,2006 by and between the City of Prior Lake, Minnesota, a Minnesota municipal corporation (hereinafter "City"), and Village Commerce Building , LLC, a Minnesota Limited Liability Corporation (hereinafter "Purchaser"). RECITALS WHEREAS, the City is the owner of two parcels of land on unimproved real property located at PID 259020430 and PID 259020440 in the City of Prior Lake, Scott County, Minnesota ("Property"), as legally described as shown on Exhibit ---.A attached hereto and incorporated herein; and WHEREAS, on May 2, 2005, the City Council pursuant to applicable State Statutes and City Code requirements declared the Property surplus and authorized the City Manager to undertake a sealed competitive Request for Proposal process to dispose of the Property; and WHEREAS, on June 6, 2005, the City Council accepted the Proposal from Purchaser, in the amount of Two Hundred Four Thousand Dollars ($204,000.00), to purchase the Property, subject to entering into an agreement with the City to construct the structure described in the Purchaser's response to the City's Request for Proposals ("Proposal"), dated May 27, 2005, and which is attached hereto and incorporated herein as Exhibit B; and WHEREAS, the City Council by the adoption of Resolution 06-070 has amended the proposal with respect to building size and developer time line which is attached hereto and incorporated herein as Exhibit c; and WHEREAS, this Agreement is intended to set forth the terms and conditions under which the City will (1) enter into a real estate purchase agreement with the Purchaser and (2) close with the Purchaser on the sale of the Property; and WHEREAS, the process hereinafter described in this Agreement for the sale and purchase of the Property is designed to ensure that the Purchaser is not acquiring the Property to hold until the value of the Property exceeds the Purchaser's purchase price. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the parties agree as follows: 1. The Recitals set forth above are incorporated herein as if fully set forth. 2. The City will sell Purchaser the Property for the total Purchase Price of Two Hundred Four Thousand Dollars ($204,000.00), subject to the terms and conditions described in this Agreement and the purchase agreement attached hereto and incorporated herein by reference (hereinafter "Purchase Agreement"). 3. The Purchaser shall prepare plans for the construction of a two-story Class A commercial, retail office building. Each floor of the building will be approximately Ten Thousand Five Hundred (10,500) square feet for a total of Twenty-one Thousand (21,000) square feet. The architecture and exterior materials of the building, in the judgment of the City Manager, Planning Director and City Engineer of the City, shall be consistent with the exteriors of Keystone Communities and Park Nicollet Clinic. The Building Plans shall be submitted to the City on or before .TllnA?4 , 2006. 4. The Purchaser shall provide the City proof of construction and permanent financing, satisfactory to the City's Finance Director, for the construction of the building described in Paragraph 3 by Auoust 8 , 2006. 5. The Purchaser shall apply for and secure a building permit for the building described in Paragraph 3 on or before Julv 25 ,2006. 6. The Mayor and City Manager shall execute the Purchase Agreement within thirty (30) days of the issuance of a building permit for the building referenced in Paragraph 5 above. 7. On or before the date for the closing as provided for in the Purchase Agreement, the Purchaser shall execute a Development Agreement with the City, a copy of such Development Agreement attached as Exhibit _ and incorporated herein ("Development Agreement"). The Development Agreement shall be required to be executed by the parties designated therein to assure that the Purchaser constructs the building for which the building permit is issued. The Development Agreement sets out a project development time1ine and the City's remedies in the event the Purchaser fails to meet the project development timeline. 8. The City and Purchaser shall close on the sale of the Property within thirty (30) business days from the date the Purchase Agreement is executed by both parties. 9. The document of conveyance for the sale of the Property shall contain a rescission provision. The City shall be entitled to rescind the sale of the property AND retain the purchase price of the Property if the Purchaser breaches any of the terms and conditions of the Development Agreement, including the project development time1ine specified therein. Purchaser acknowledges that the City selected Purchaser's bid to purchase the Property based on the Purchaser's representations to the City of its intent to develop the Property as provided for herein and in accordance with the Development Agreement. Purchaser agrees that the City is entitled to regain fee title to the Property and retain the Purchase Price in the event of a default of any provision in the Development Agreement; but only after Purchaser has received notice of a default and an opportunity to cure the default. Upon the completion of the improvements to be constructed by the Purchaser on the Property in accordance with the terms and conditions hereof, and the issuance of a certificate of occupancy by the City, the rescission provisions hereinabove provided for shall become null and void and no longer be enforceable as of such date specified in the certificate of occupancy. 10. If Purchaser fails to enter into the Purchase Agreement within thirty (30) business days from the date the building permit is issued or close on the Property within the time specified in Paragraph 6 of this Agreement the City may, in its sole discretion, terminate this Agreement and retain the Purchaser's Fifteen Thousand Dollars ($15,000.00). The Purchaser agrees that the City is entitled to retain the Fifteen Thousand Dollars ($15,000.00) as damages owed to the City 2 for the delay Purchaser caused in the development of the Property consistent with the City's 2030 Vision and Strategic Plan. 11. This Agreement is not assignable by the Purchaser without the prior written consent of the City Council, which consent may be withheld by the City for any reason whatsoever. 12. There shall be no amendments to this Agreement unless in writing, signed by the parties and approved by 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. 13. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Agreement is for any reason held invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portions of this Agreement. This Agreement shall survive the closing on the Property. 14. This Agreement shall be governed by the laws of the State of Minnesota. IN WITNESS WHEREOF, the Seller and Buyer have executed this Agreement as of the day and year first above written. CITY OF PRIOR LA By: !lJ Frank By: Jack Haugen, Mayor ,LLC By: Its STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of ,2006, by Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of ,2006, by , President of , LLC, a Minnesota limited liability company, on its behalf. Notary Public THIS INSTRUMENT WAS DRAFTED BY: Suesan Lea Pace, Esq. Halleland, Lewis, Nilan & Johnson 600 U.S. Bank Plaza South 220 South Sixth Street Minneapolis, MN 55402-4501 612-338-1838 4 DEVELOPMENT AGREEMENT This Agreement is entered into this 26th day of June , 2006 by and between the City of Prior Lake ("City"), a Minnesota municipal corporation and Village Commerce Building , LLC ("Developer"), a Minnesota Limited Liability Corporation. RECITALS WHEREAS, the City and Developer have executed a Purchase Agreement dated , 2006, which Purchase Agreement is attached hereto and incorporated herein as Exhibit 1; and WHEREAS, the sale of the Property is subject to an AGREEMENT REGARDING THE PURCHASE OF CITY OWNED PROPERTY dated June 26 , 2006, which Agreement is attached hereto and incorporated herein as Exhibit 2; and WHEREAS, the City sold Developer real property located at Park Nicollet and Franklin Trail, Prior Lake, Scott County, Minnesota as legally described in the aforementioned Agreement in the preceding recital; and WHEREAS, the Developer submitted a written proposal to the City dated May 27, 2005, which proposal is attached hereto and incorporated herein as Exhibit 3; and WHEREAS, the City Council amended the proposal by Resolution 06-070, which is attached hereto and incorporated herein as Exhibit A ; and WHEREAS, the City desires to ensure that the property sold to the Developer IS developed as set forth in Developer's proposal. NOW THEREFORE, based on the mutual promises and covenants set forth herein, the sufficiency of which is not disputed, the parties agree as follows: 1. The Recitals set forth above are incorporated herein as if fully set forth herein. 2. The Developer shall execute this Development Agreement on and after , 2006, but before the date of Closing as provided for in the Purchase The Money Order provided to the City with Developers' proposal dated May 27, remain in place as security for performance pursuant to this Development Agreement. 2005, shall Agreement. 3. Developer shall construct a two-story commercial retail and office building on the Property in conformance with its May 27, 2005, proposal with the exception of square footage 1 l"'n:.',~-; 5 which shall be Twenty-one Thousand (21,000) square feet. The Developer's proposal provides for a specific Project Development Time1ine set forth as follows, to wit: Proiect Steps a. Submit Land Development RFP b. Execute City Development Agreement c. Plat Property d. Submit Building Plans for City Review e. Submit Plans to Secure Building Permit f. Provide Proof of Financing Satisfactory to the City g. Commence Construction h. Complete Construction 1. Receive Final Certificate of Occupancy which the parties hereto reaffirm, adopt and ratify. Date Due F...l1r:;,/nt::. 80/06 (Sul:Init fur r~ng) 6/24/06 7/25/06 8/8/06 9/1/06 4/1/07 6/1/07 4. Developer shall construct the building and complete the project described in Exhibit 3 in accordance with the Project Development Timeline formally set out in Paragraph 3 above. The failure of the Developer to meet any of the dates set forth in the Project Development Time1ine shall constitute a material breach of this Development Agreement. 5. In the event Developer fails to commence construction, as described herein, on or before 9/1/06 , 2006, or on or before the extended construction commencement date, as provided for above, the City shall provide the Developer with (1) written Notice of the breach describing the breach and (2) a specified amount of time within which to cure the breach or if such cure requires more than thirty (30) days to complete, such additional time as reasonably required provided Developer commences cure within five (f) days from receipt of notice. In the event the Developer does not cure the breach within the time provided for in the Notice, the City shall have the right to: (1) rescind the sale of the Property, (2) retain the Irrevocable Letter of Credit in addition to the Purchase Price paid for the Property by the Purchaser, and (3) retain each of the fifteen Thousand and no/100 Dollar ($15,000.00) extension payments described above. If the sale of the property is rescinded the City shall be entitled to retain the Purchase Price and Developer hereby agrees to re-convey the Property to the City by appropriate documents of conveyance approved by the City. Upon commencement of construction by Developer, the right of rescission shall terminate and the City shall release the termination right by execution and delivery of a quit claim deed to the Property. To commence construction, Developer must commence construction of foundation footings and foundation, at a cost of not less than $100,000, and must enter into a construction loan in an amount sufficient to fund, together with Developer's equity, the completion of construction. 6. The Notice provided for in Paragraph 5 shall be sent to: ( ( Dan O'Keefe 14093 Corrmerce Avenue - Suite #1 Prior Lake, MN 55372 ) ) 7. Failure of the City to declare an event of default based on any of the dates in the Project Development Time1ine shall not constitute a waiver of the default or any subsequent 6 defaults. The City's failure to take prompt legal action to enforce any provlSlon In this Development Agreement shall not be deemed a waiver or release. 8. The Developer shall indemnify, defend and hold the City, its City Council, agents, employees, attorneys and representatives harmless against any and all claims, demands, actions, suits, proceedings, liens, losses, costs, expenses, obligations, liabilities, damages, recoveries or deficiencies, including interest, penalties, and attorneys' fees, that the City incurs or suffers, which arise out of, result from or relate to this Development Agreement. 9. This Development Agreement may not be assigned by Developer without the prior written consent of the City. The City is not obligated for any reason to consent to an assignment. 10. If any portion, section, subsection, sentence, clause, paragraph, or phrase of this Development Agreement is declared invalid by a court of competent jurisdiction, such decision shall not affect the validity of the remaining portion of this Development Agreement. 11. There shall be no amendments to this Development Agreement unless in writing, signed by the parties and approved by a resolution of the City Council. 12. This Development Agreement shall be governed by the laws of the State of Minnesota. ::TY ODR LA Frank y Manager By: _ Jack Haugen, Mayor DEVELOPER: ~ LLC By: ~/ V Its: STATE OF MINNESOTA ) ) ss. COUNTY OF SCOTT ) The foregoing instrument was acknowledged before me this day of , 2006, by 7 Jack G. Haugen, Mayor, and by Frank Boyles, City Manager, of the City of Prior Lake, a Minnesota municipal corporation, on behalf of the corporation and pursuant to the authority granted by its City Council. Notary Public STATE OF MINNESOTA ) ) ss. COUNTY OF ) The foregoing instrument was acknowledged before me this day of 2006, by , President of , a Minnesota limited liability company, on its behalf. Notary Public DRAFTED BY: City of Prior Lake 16200 Eagle Creek Avenue SE Prior Lake, Minnesota 55372 trt~J.B' 16200 Eagle Creek Avenue S.L Prior Lake. MN 55372-1714 Parcel 2 PROPOSAL FORM TO PURCHASE AN OPTION TO PURCHASE CITY PROPERTY FOR DEVELOPMENT OR REDEVELOP:MENT To: The Mayor and Members of the Prior Lake City Council, L Daniel O'Keefe (Name) .' certify that I am authorized to obligate an LLC to be formed-including Daniel O'Keefe, a sole proprietor, partnership, (Business name and address) corporation or limited liability corporation to acquire an option to purchase City owned property~ two parcels of vacant land on Franklin Trail and Park Nicol~et Avenue. My total proposed purchase price for this property is $ ..2.04.000 (minimum bid is $204,000). A~~~~u~~"'~~~i"~mtk&nY ~y.-II~lJ..~1"~....c~H~ki&kfaildd~~llier~ilx a~,,~~!C~~~~~i"s~~~~ ~JJi~t'~!HI!.x $15,000 reta:fmr is herewith transmitted to the City to be refunded after completion of building~ or on failure of contingency. I recognize that in order to be considered, my proposal, together with the funds referred to above, must be received in the office of the City Manager, 16200 Eagle Creek Avenue, Prior Lake, MN, no later than 4:30 p.m. on Friday, May 27 2005. Any proposals received after this deadline will be returned unopened. ~- ;)7--CS- Date Please attach additional sheet(s) including a complete narrative of your proposed project, architectural renderings, time lines identifying the date when each proj ect step identified on the Request for Proposal will be complete, biographical information of the individual, partnership, or corporation making the proposal, letter of financial position from a bank., letters of commitment from lessers equal to a least 50% of the square footage of the building. 1:\COUNClLIAGNRPTS\2005\050205 RFP - Acquire an Option to~" ~f.M-\?N181f1:~d&om Phone 952.447.4230 / Fax 952.447.4245 ti PRI~ [...~~ \~~r) ~NNES~ Parcel 2 16200 Eagle Creek Avenue S.L Prior Lake. MN 55372-1714 REQUEST FOR PROPOSAL The City is the owner of a property located at Franklin Trail and Park Nicollet Avenue. It consists of two parcels identified as PID259020430, which is a 0.43 acre parcel and PID 259020440, which is a 0.45 acre parcel. An aerial photograph depicting the property is attached. The property has been the subject of an environmental study Phase I and Phase II, which is available for review at City Hall. The property is located in the C-4 zoning district. The City desires the development of this property to include a two-story, mixed-use building to include office and retail uses of 8,000 square feet per floor. The building exterior will be Class A and consistent with the Prior Lake City Code as approved by the City. The Planning Commission has reviewed and approved disposal of this site for development purposes. The City Council has received an ap~.IL..isal which establishes the market value for this property and minimum bid of $204,000. The City Council has further authorized the survey and title work on this property upon award of a proposal to sell an option on this property. Bysubmitting a proposal to purchase an option to buy this property, the proposer agrees to the following: . To pay $ 204.000 for the property, cash at closing. . Includes with the proposal a letter of credit acceptable to the City on the amount of the proposed purchase price of the property in the event of non-performance of any provision of this proposal. . Enter into a development agreement acceptable to the city rithin 120 days of City Council action awarding the option to the proposer. t ~U>\ h h pI'" \ Co ' Z:6 {) &, . . Prepare and submit plans for the construction project, which are acceptable to the City no later than 60 days after closing . Upon approval of said plans submit and obtain approval of a building permit no later than 30 days after plan approval . Verify to the city's satisfaction, requisite fmancing for all aspects ofthe construction project no later than 30 days afte.r permit issuance . Demonstrate through letters of commitment, the lease of at least 50% of the building's square footage. . Commence construction by 120 days afte:r; closing, . Complete construction and obtain temporary certificate of occupancy by 8 months after commencement. . Permanent certificate of occupancy by 9 months after commencement of construction, Proposer warrants all of the above to be true and correct and acknowledges that the letter of credit will be forfeit for any failure to conform to the proposal, or failure to enter into a development agreement within the deadlines set forth above on the developer's agreement. To submit a proposal, please use the proposal form provided by the City together with materials addressing all requested information and your qualifications and background, and submit the proposal to Frank Boyles, City Manager, at 16200 Eagle Creek Avenue, Prior Lake, MN 55372, no later than Friday, May 27, at 4:30 p.m. JICOUNCIL,^GNRPTS\2005\050205 RFP for Franklin & P:ll"k NicalleldWWW. cityofpriorlake. com Phone 952.447.4230 / Fax 952.447.4245 STATEMENTS AND CONTINGENCIES Daniel O'Keefe, Agent, makes these statements as part of a proposal to purchase an Option on Land owned by the City of Prior Lake: 1. Agent will form an LLC with other individuals to pursue the building project. 2. Agent is simultaneously making an offer to purchase the I-acre lot owned by Park Nicollet which is adjacent to and directly south of the south line of the City property; the offers will be mutually contingent; Agent or LLC must acquire all three parcels. 3. The LLC intends to submit building plans for an approximately 30,000 square foot Class A office building, with a 12,000 square foot first and second floor and a 6,000 square foot third floor. 4. The builder will probably be Greystone Construction Company of Shakopee. The project architect has not been determined. 5. Agent has current verbal commitments to lease out over 20,000 square feet of the completed building. Contingencies: 1. Buyer needs 60 days to determine if the combined lots are large enough to contain proposed building, together with ponding, parking, etc. and still fit within City setbacks. 2. City will be responsible for any soil remediation necessitated by (for instance) oil from the previous car repair shop, etc. If Buyer cannot acquire Park Nicollet land, or if it is unable to fit proposed building on combined lots, $15,000 retainer will be refunded. Daniel O'Keefe EXHIBIT "B" Well Disclosure Certificate 1:\Agreements\Purchase Agreements\PA - Village Commerce 'ft\)i1ding.DOC EXHIBIT "e" Building Rendering(s) 1:\Agreements\Purchase Agreements\PA - Village Commerce 131Jilding.DOC ~ ~ ~ <I!V__ ~........ =--. ---,.--- =T' ~ __ I~CAT"""",- --:Ie, II.~II,_I I f+T I II -I III i_II 'I II I!' ~ -, --I 1 I I _' L. _~j~LlJl! L. f,'^i"$- fLEVA7,0i'; \J K#-I ..... . '.tY .~~~~ ~ ....~ ~- ~. (:;'\ NORTI-i i='i...~V A -10'" o KA4.f".... '40' r-'Ul55 CAT"" 101Ioo.I. /--'!.f~~ ....='r1-.::--~T-==.;.:f.- ~..::.~-~-~, I ,- . -- --', i ! Ii ',I i - ;- - - i -- Ii 'I ~-I------' Ii JI -;c! -J ,i .' . . ............""Ell r I _. .~\i~U::.......l - _ ,", _ - _ '11M VNIIl ~'I r1 !r-~ rn~J~ ~ ~ :o~ II By___..,.~::.=.--- IJ T U S H I E MONTGOMERY ARCHITICTS ..... ,..... Ml(1IlIL 1tIU'...... r:'~1t.--JO~" 11.2 u..l~,-= __~ftC:~5too CLl 0( U t-< 0::: 0 f/l CLl r.l ::Eo z ::EZ z o >---< ~ uO ......:l r.l CLl>---< ~ 0~ 0( <cCO ..:l ........:l 0: ........:l 0 >--< 0: :> p.. -.... V LLAGE CvllllERCE BUILDING,LLC - ~ I~_e, IC"",,H8r l""O,KI....C"'ltt' l""o,"l~ ."'/Ot .. T_."1"f'i" ........ ~.......~ ~~~Ai. ;-U!lGI: CO!"':"'II:IICI: e.,,'I.Z)l'"1 ," EXTERIOR: I ELEVATIONS r A3.0 , .. ~ "P q ~, l.: ~m r- rn < l> .j o 7 .~~ i c cw \\ i:\ L_~ ~ I ~m ff I}> ~~ s I [>1 ".. J . "''''; -. ~~ ~ . '" ~ I ~ ~ -- ~ " ~ ~, ~ I ~. I: f bi : Ii, :'11,'1/ ~ 'j i z ' , ", ' ~ :, I . ~~. -1 --.- -' ~~] , -d---1 1 L ,.. . ----- · f- ., --- &I_~.", __=.~,~__i; : _-,.-;_~'I ,.""~ :,,;1::' _>.j'I'~".':~"-_'~"'.;,"':"'" - "1'''''''1 'W' .""""".."L.,~ (;i::~~1~!:{f':.:.'~t~,:,::,:.)1]j~~~t~~';j~~~}; : 1 5 ~ ~ I ~ o ~m c l> ~lJ) '--I ~m ".1 In < l> I o 7 (I .'1 j --I~'l 'Iii :1...1 i ~ I ~ -w I I II I i . I t t i if. ~f.i f .~. I~I ~ " . ~ l~~gi '" n <{ I :~;: ~::;~' VILLAGE COMMERCE ~~... BUILDING r- r- n PRIOR LAKE. MINNESOTA I ~U :a::.... l~'- Oc: I,a nz i"I! ::c...."'M ~ l-Cl .'~( ....O::c "Z "'a:: s.!~ nlll_ ",.' ....11I ~iR "'0<'" (:~.~..._.... JItII) !At I, .... Z. ,. NICllLLtI' AOOITlON. Scttl c-t,........... ... 1....~.,TI..__72) 1'lo.,,.-t.,....... MoIIl" "",s.u",--, =:-c.:.:a~~'\.~2, ~:.... :.~:. ;.. ....':-0.:'" .:~ ...... 00 ...... 01 ....... " __ E-' =t :-..-:-.::.:.. ':. ~ s:- ...-c.., IMO.7..... .. ... "..... ... *-..... ........... >>.GO fill ........c_____........,..... ==: ~ --:=-~C:-: TnI) ...... ....... ..... .7 .... 21 ....\11 I'--..............~..... ...... III '10.00 fM\o u.- ..... 00 ..... 01 ...__ II ....... .... . ...... If 1..44 '-I; _.. s.u.. _ ...... .1 .......,....41_...b.._ef....... 1Mt.."'.IrteIr_............-...'" 00 __ 01 mlllu_ I' -* .... "- :.. :r;: "=:"'r. =.. "= :0== =. z:..:.~ =......-=.\: ~ I:: ef .11I .... w.u .. ... ""o..t: au.... _ ............ . ...... .. ...... II ..... SI .......1.. ]I __ [..t .... .. ..... _ I'IIIIM "'.... -*'t .. ... o....r-t "'"'" "'..... ..... ... " "" CP .. .. , .. - ':;: LA " """'u. "" PO ;:r "'" ... '" ... ... . - ... .. .. 'to IAlC .... r~ 0.._ ........ Mtoh It"'" 0............. o.n...._....IclrI...b_ D....._'......'". D__~.IrWI'.,. o..lMMIVlIIHa ~'" tilt" Deooe"'...... "" ~ ....- .... '*"'" ..... ..,..., 0.................. w-rt DMetIII ......... _ -........ __HI 0MeM ......... ...trlc tine --- ~.....~IItM.... --- ............... ~..IIrulI-" ,'" --- --- 0..- --'Wy _ 11III -.... - ~.......-... DMetee .......... It.. D....-.""...n ~"HlI-"'oI"" DIMlIS ClWM'ItI".. tlrll .,..... ..1IdrIc1.... DMetM _, ,11II ~..,.,.,.......,"'. 0.......... n... 0......__..... ... "'.. -" .... """ --- --- DeoIehe....... "- ...........~'"' ....... c:..... 0-.. s.w- .,.. ( VICINITY MAP SEC. 2. TWP. 114. RGt. 22 r---T---' I I~' I . ~ ~ I I '.' I .",' I I \:\: I \. J f----+~--j I .:~ I I I ..' I"~. '4 I Ie;' I 5~r' I L___..L_-L_-y I! '-. ..,... I.) ........-'..... , \IlIIt'--'- ~- ..,....---..... 1II..........................iIt___... .... ...... ... ......... IIy ....,. -... ::"~':''=-- -:;.:-:.: ....... ........ .. _ -.. .... 011. c.. tilIIllIt.......1Ol7ll40. ~....._ :::*,,,..l.:. .,~~=:r:1dI ...._....,......v.tt,....tIItIn cril'-i!llI_lnIct1111..Mt... 2.) c.lMt ~ STAT( 0Nl CALL ot 151-454-0002 ,. '""'" ....I. I-u.. If "tIlU..,......III'_U... 3.) n...-..,_"""............thelt..-.. -...a 111I..... ~I. ' . III. " _,.IIIIt..........te__..- =- .,r:"::t t~..-:~ =-= ., ."""",. tIh ....... ..) TII...... ......." ........ .. III ...... Z- lit. ("'- .......... .. .. ...,.... the __,... .......,. .... .. N..... "... ~ ~ ~""'=c:.":~ ,'I. 1"'. "_ ...........l.tIl I,....... I _ 10.1" SIt. n... 1....1 - ........... ......... "",,-..~.., _ z.~' .... rt. ., 0." __ ..) =......... lfl~':t~~ tile ""..tIIIl"""""'".....C....(~ .-.-u..DIUrIIJt). " {) /',' () C ,'rt " ,"',' " II II V "" a L U ,r: ,r:." HE/GHT'" ......UI1ID _- -- -- ---- " ,., 1'1 V. ., " " ,\ I V V V ---- ---- (COIIITY ~.~ l NO. 3fJ) '.'~;:.-l ~.. _ - - - - -- ----~---.:..; ~-;~f:-r~~~ .---M;.. -~,I-.rR-_=~- . ~.j::F"'i.). r'''''-'-;;;:' -:-.J.. ;;....".:.-.-"~~..5.L. "-~'.:"j.4!... '--.u ." .,., --:---- ~..",~-. ----- .,~l.~.:Tt.. ~.J~j~p: '1 t- .~j;~)-=.~" ... "~0'1'1~1~~ !'r"~" j fr' "!. "'E" ;': t) ~ " t; ~~l r,;c "',1' ~ - I ~ ,~ " I "'1;1': "'"1" "1' ~ ~., ,~ I..; -II I' 11 :1;i"'~1 ~ -=-.--. ~ //. ~ I 11::..,' . -' ,&I ~ -. I ~ ~ ,......, ur.un ..,.....- .( t . r (~I, '. :;:',.\ jl . <y.' /. 'I' 'J, I ." .,1 ...;:::: " '. -----~~ : j .~ \ f .,:" C, 110 , ::1 I",~ '1 .,. t A'Q\~ ~ ill' i ~' ..~ ICb\~:l ~ '.... _. ~ -----.'--....::. "', ... '.,;;;.- "..:" . . ~ ,';c' f~' "'~~Y'r'. 'l) I. ~fj",A!" .".'." . I 't '.... +- i"'-! I , r' .~., . : l" -- I :;-- I.,:, ;:,l I'" . i " I ~~ ~ .. .'1' ii!~ '/ I ". I " ct'>. :.,' Sj'V I 't: r.c: . ,;' f' -a " ~~ / I . I~.~ .. j.\~l~. ,_" ~ .j '... ,"~~ ' ., ,~ t...-- ~;'/.,:'.:!,.:~- -, ~0+f4' I ;,.:rt,/.~ ~~y --i I t''/.., ..4.:"7F,,', ~Jl,t ,n fi ---:. .' '.'.."/ ..If!Jl. '..j' ~ ~ --:- I ,j.... ,',.',r(JA. ~.,,, /. " ' c... ',' -.! j . ;', ,r._~"~' ,~,: ~:; "1 /c,;'j,.:,....("}:::./- i. -III"~ ~;(I"" l'~;__:: I,! / I.. \,.. ".'L."" .~, ~ " . / /;:)~,>,; ,~Js~:~,~~:;: ~~~[; / -..~-;._-~ I----;--I--~ /~.. --.-. I _. ~~ I _. ~; Th.___"'_C~_ 10.) =~ I 'C (:) 1-... I, 't{ c:) ..: =,::: =~......."-LC""", <:'" llJ UJ .....JDfrMt ................,,;~ I :;:.... c;:s 1 c: ..... c~ =....n.:.:::'~...-:.e:.."........" II.) ~=-~...::'___::.. .; , c' "le c::. c" 'IIC C' ...., ... .... 1M *'" ___ ....... .... ,_.J J oJ 7.} ,..,..,.........".........'c-t, 11I11I"..___ .(LIIII'~ _....... 'lie II -..i 1-... 't( a.) 1Mfl.) '''' If "" 1lII'...... allll '" "J*wIt II.) ==-~;-!~......-o::-.= (~ t:) C) (:) ==~::...._...., 1.1) TMentnMi)lCt.....tr..r-.......r.... \,,) l'J \,) I"IJ c~ ~_ ..., .... L ..--. ---------~---~--- '(.. r '~ __L_.~"'~. k l'J -.; C) c: ,), C) <: "1. "- j I C) w -. i '\ ~.: (~ -(~ 'C 't: r.c: 'C 11.. :.t).:~ ~ -:,:- IIIW,,-:.r: et ...................... o....u.. -17D........ ..)!:~_I I ht"=---- ""-'L-. ...1ILJ71 ""- U2-"'._ .. .., -':1 ::..:.-: :..~' "" ~ .... ....... ... .. .. ........ .. .........If_.. "- ..III........... o.tellI .... iii" ... .. .t.N,. 2DDI ~,-~ , - .SDDbIIlIIIr-....-.. ..t ...... ..... .. ""I. "-- nz...-n-MDO :-JE12-r~ ~1r\TI ~ iii' 111M 9 '! ?nm; ~ I -'\ ~_u.c ~;ow c;;;;;:;;; -'- Ie ..... ~ .. 5ISn ..... 1ft-"7-1I11 .By -- --- I"~ ,- " '- .... ~- :) C) Cr) [\ '" '- " IV ,. , -- ...... ...i I I I & I i :: ('-1 C'l '__,_ .~., I r ~=~\ B.- o.u:.- ~...................:;:;;-,. ,~~ 1- ,,,, ,/ .