HomeMy WebLinkAbout7 - Economic Recovery Application
AGENDA NUMBER:
PREPARED BY:
SUBJECT:
DATE:
INTRODUCTION:
BACKGROUND:
DISCUSSION:
7
KAY KUHLMANN, ASSISTANT CITY MANAGER
CONDUCT PUBLIC HEARING TO DISCUSS ECONOMIC
RECOVERY GRANT APPLICATION
APRIL 5, 1993
The City of Prior Lake is negotiating with a
Bloomington business to relocate their World
Headquarters into our new Waterfront Passage
Business Park. At the March 15, 1993 Council
meeting, the Council was presented with a
draft proposal of Economic Recovery Grant
Application. The Council is asked to set a
Public Hearing date for April 5, 1993 at 8:05
p.m. to consider the application for approval.
This item is being placed on the agenda to
seek approval from the Council for submission
of the Economic Recovery Grant Application to
the State of Minnesota.
The state of Minnesota has created an Economic
Recovery Grant Program that distributes funds
through the state Department of Trade and
Economic Development to local jurisdictions
who are trying to provide incentives for
economic development. . The City of Prior Lake
has provided some preliminary information to
the state. The state has looked favorably
upon the Grant Application and indicated that
we may be eligible for up to $250,000 of
grants.
The preliminary information we sent to the
state requested Economic Recovery Grants to
assist us with providing infrastructure to the
Waterfront Passage Business Park. The City
has used this Grant as part of the ~roposal
made to Katun. The Katun Corporatlon has
indicated our ~roposal is very competitive.
The City of Prlor Lake would like to process
the community development application as soon
as possible so that the City can confirm to
Katun the acquisition of the $250,000 in
funds. Council should consider tonight the
application, making any changes to the
application if necessary. Staff has reviewed
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
RECOMMENDATION:
ALTERNATIVES:
ACTION REQUIRED:
"CCAPR5"
the application and believes it is consistent
with the City's goal of bringin~ in businesses
into our Waterfront Passage BUSlness Park.
Staff recommends that the City Council approve
the Economic Recovery Grant A~plication as
written and direct staff to submlt it to the
State for their review.
The City Council has
alternatives to consider:
the
following
1. Approve the Economic Recovery Grant
Application as written and direct staff
to submit to the state.
2. Deny the Economic Recovery Grant
Application for specific reasons.
3. Modify the Economic Recovery Grant
Application and direct staff to send it
to the State.
Motion by City Council to accept the Economic
Recovery Grant A~plication and direct staff to
make the submisslon to the State Department of
Trade and Economic Development.
Community Development Application
Project Purpose
City of Prior Lake
Name ofCommunity/Applicanr
Project :# 1:
The City of Prior Lake is attempting to address a void relating to the absence of planned, improved
industrial property to meet the needs of expanding businesses. Currently the City holds an option for 33
acres of land situated just south of County Road 21 on the east edge of the community. It is the intention
to acquire this property and implement the necessary infrastructure improvements including sewer, water
extension and road network. If the community is successful in financing and implementing these activities
they will market the property to appropriate industrial users. At the present time the City has negotiated
a tentative agreement with two industrial clients who would locate in the park in 1993 or 1994. However,
their ability to finalize the negotiations with these prospects is dependent upon the acquisition and
development of the infrastructure improvements. Following is a breakdown of the costs associated with
the project and the proposed sources of funds to address these financing needs:
Establish Prior Lake Business Park and Promote Job Creation
Uses of Funds
Sources of Funds
Land purchase $ 188.100
Site grading 79.064
Sanitary/waterlstorm sewer 424.851
Collector streets 152.455
Local streets 152,570
Ughts/signs/contingency 88,894
Engineering 109.481
Other construction costs 63,000
Financing costs (bond fees etc.) 75.802
TOTAL $1,334,216
Land mortgage
Enterprise fund
Trunk fund
Bond issue
Economic Recovery Grant
TOTAL
$ 188,100
142,064
213,211
540,841
250,000
$1,334,216
lA
Community Dcn.'ll)rmcnt Arrlication #
For Office U~C Only
Community Development Application
Initial Project Questions
APPLICANT: [complete one field only unless a joint application is being submicted]
City of Prior Lake
County of
Township of
Indian Reservation
Business
*Special District
PROJECT LOCATION(S): [complete one or more field(s) to identify che geographic sitc(s) of the proposed
project( s)]
City of
Prior Lake
County of Scott
Township of
Indian Rese[\'ation
[complete all fields]
Region
11
County
Scott
Initiative Fund N / A
Districts: Legislative 36A
Congressional 3
Contact Person: Kay Kuhlmann
TItle: Acting City Administrator
Phone: (612) 447-4230
FAX: (612) 447-4245
*Refers to those Special Districts that manage water & sewer or park facilities.
4A
G.:neral Questions
The General Questiuns category is rertinent to all tyres of Community Dc\'clnrment rrojects including
economic dcvelorment or business as~istance, outdoor recreatil)[1. infrastructure. and housing and commcrcial
rehabilitation, ete. ALL applicants should complete this section.
1. Is the applicant prepared to commit funds for completion of the proposed project(s)?
Y =-~ L~ [= i:::J ~J N [J c- ;-- ~~ n c=
2. Have any of the activities for which funds are being requested been initiated?
Y ~--= " [J =:J [J ::::J N L1 C ~.~ CJ n u
3. Does the proposed project(s) include the acquisition ofland?
YL].DL[J[JU NL.;'L:-][JL-J
a. Would development on the acquired land begin within three years of acquisition?
YDDDonc NCCLJODD
4. Does the applicant propose to develop land that it currently owns?
YCOOOC! N!J::-:, inn
a. Would development on the land begin within three years after approval of the proposed
project(s) ?
yr~[JGiiC Nl=~-.-.:'~-
5. Would the proposed project(s) begin within six months after funding is awarded?
Y lJl i' Lj, D C' n N D, i ~ .-, " .---:
L......J ""---" L-....., ---------' -----..: ---' '---'
6. Does the proposed project(s) involve the demolition and clearance of existing structures?
y, . L C C' .' N !~ = :::::: = _~ =
7. Is the applicant prepared to make any necessary financial commitment for future operation
and maintenance of the propo~ed project(s)?
Y :=-L--.J- C-.J '- _ N = = :::::: = = ::::::
8. Will the proposed project(s) be accessible to the handicarped?
)r ~J ~= ~= .~~~ = == N __._ _=~ = -= = ~-=
9. Will any of the proposeJ project(s) acti,.ities be located within a IOO-year t1ol)Jplain?
Y~'= .~~= Ni~=~-==::::::
10. Has non-public funding been approved for the proposed project(s)?
y=~=:c--;-'= Nr=~-==-__
11. Has funding for the proposed project(s) from another federal or state agency been:
a. applied for and pending?
b. approved?
c. denied?
YLJDDnOD
Y~LJD!DD
YDDOu::::JD
NJJOODDLJ
NliCOOOO
NlJOOOOO
12. Is the primary purpose of the proposed project(s) to undertake energy conservation measures
to public buildings?
YOOOOOO NJJDOOOO
SA
E(unomic Development Questions: Complete this section for proposed business assistance projects.
1. Is the ~u~iness to ~ ;misteJ pwposing tl):
a. create permanent new jo~s? Y C == ~_~~ ."
~. retain existing jobs? Y C =-~ =J =~ ~= ::~
2. Is the business to be assisted:
a. a manufacturing or inJustrial company?
b. a retail comrany?
c. a service company?
d. a tourism/hospitality ~usiness?
3. Will assistance to the ~usiness involve:
a. construction of a building?
b. acquisition of industrial equipment?
c. acquisition of operating equipment?
N
N ~~= ._= '~ ~=~ c...; ...'
Y r= :::...: =~ -.~ ~.= :-~
Y c_J ~= c_ .~. _. c
N . ..-= ~_~ .."
N I,>
N ij ,
N i~ C~ .= :.~ c== :.=
Y :-' == == = = :=
Y._'===-~ :
Y'I~~nllc--"'O
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..... L-J L--... L-, 1...-----'
NUCCC:.....;i!
NO[Ji!~c!,-~
Y[J=[JC~[J
YOIl: CDO
4. Is the ~usiness to be assisted:
a. currently operating within the community requesting this assistance?
Y !'.Ji 'i-~ Nf" r-l, ..
b. proposing to operate within the community requesting th is assistance?
YQOi:: ,:1,---: N: "uLl' . ,
5. Is this a relocation for a business:
a. within the community?
b. from another community?
c. from another state?
Y=_ =- Nr == " ,
YL=====-": N===-=--==
Y = = = === = N I: = = == _. __
6. Is the business requesting financing assistance for working capital?
Y=:=:===== NL-__===
7. Is the bu~iness considering mlwing:
a. out of the community?
b. out of the state?
Y====--
Y J.L := := __
Nf. == == == ..= ==
N .= =::.: == =. -.--..: -=-:
8. Does the business have increased marketing orrortunities?
Y l~ ==-,.- , == N == =-..: = __ = -
9. Does the business requesting assistance have 500 or fewer emrloyees?
YIJDDDOO NOL]OCriU
10. Does the business have a positive cash flow?
11. Does the business have a rositive net worth?
YIJLJC: 100 NOUOC! ,n
YiJOOODO NOODOOO
12. Will assistance to the business involve the refinancing of existing debt?
YDDOOOO NIJOOODO
6A
13. Will the l'1usine~~ l'1e located within a community that currl..'ntly operates a revolving ll)an fund
fpr economic development projects!
Y~j == ~_: ~~=: =:~ N JJ :~~ =--= ~~ l~ :_:
14. Will the business to be assisted compete with an existing business within:
a. the community?
b. a neighboring community!
ynOODOLJ
Y[J::::JD[~CD
N ITl 0 0 0 0 n
N:-lJnonOD
Infrastructure Questions: Complete this section for projects involving infrastructure assistance. (i.e.
water lines and towers, sanitary and storm sewers, wastewater treatment facilities, etc.)
1. Does the project(s) involve the development of new infrastructure!
Y JJ C 0 LJ =:J 0 N LJ [J Ii LJ D [J
2. Does the proposed project(s) replace or expand existing public facilities!
YJJDLJDDD NDDDDDD
3. Are the infrastructure improvements proposed designed to serve new or expanding businesses?
Y~l1n.~nn NnCjlnni!
~~~~L....-i----.J ----.J '-----'------'L-J~
4. Will the proposed project(s):
a. correct an existing problem? Y _L ~ r-: = ~.. N C :-: n n ~_ :
b. meet a future need? Y .v' ,~I : --: ~ N [J [] :.::J i i n i .
5. Will the proposed project(s) correct an identified health or safety threat to the community?
YCJ: :1'_: NI' .~: '_
6. Do existing water rates for residenrialuse exceed $1.25 per 1,000 gallons?
y. . ==- := := =-= . N JJ := = :=- ~-=
7. Do existing wastewater sewer rates for residential use exceed $15.00 per month?
Y[,~==~~ NT~,-=r-==
Housing and Commercial Rehabilitation Questions: Complete this section for projects involving housing.
1. Does the applicant have concerns regarding the number of substandard housing units within
its jurisdiction? Y = := =-_~ =: =-= = N =-= .:--: :-- = =
a. Are the substandard housing units confined to a particular area?
Y. . __: =: = == == N ~_. . =--=. . __ .
b. Are the substandard housing units prevalent jurisdiction-wide?
yonono NODDDDD
2. Does the applicant have concerns regarding the number of substandard commercial buildings
within its jurisdiction?
YDODDDD NDDDDDD
3. Does the applicant currently manage:
a. a housing rehabilitation revolving loan fund? yo 0 0 0 0 0
b. a commercial rehabilitation loan fund? Y D D 0 ODD
NOODOOO
NDDDDDD
7A
Community Development Application
Community Needs Statement
City of Prior Lake
Name of Community/Applicant
Prior Lake is located in Scott County on the southem edge of the metro area. Due to the proximity of the
community they have been fortunate to experience substantial activity in residential development and
boast strong economic demographics. The community has invested a substantial amount of time
identifying planning needs and opportunities. The results of the analysis and planning processes which
the City has implemented identify two primary development needs within the community: 1) The
acquisition of property and development of infrastructure required to attract business expansion; and, 2)
the need to provide additional employment opportunities for local residents.
At the present time there are very few employment opportunities within the community and this is primarily
due to the fact that there is no property which is appropriately zoned and contains the infrastructure
improvements necessary to support industrial development. Indeed the only area within the community
which is industrially zoned and has manufacturing tenants is not served by municipal sewer and water.
In identifying these needs the City has sought and received input from a number of sources including the
general public. the business community. Metro Council. County officials, local school district, Prior Lake
Economic Development Commission and the Economic Development Authority. In 1990. the City
authorized a study on the "Need For and Location of a Business/Office Park". This report utilized survey
research, statistical analysis and key informant input to develop conclusions and recommendations
resulting in the current effort by the City to acquire and develop a Business park.
Without the availability of outside funding the cost of developing a Business Park is prohibitive. If the City
cannot develop an appropriate site for industrial users there will remain a shortage of employment
opportunities within the community and the local tax burden will become more severe. In 1993, the local
tax extension rate increased from 116% to 131 %. This increase is partially attributable to the lack of
commercial/industrial development within the community.
(Attach additional sheets if necessary)
8A
PUBLIC HEARING
CITY OF PRIOR LAKE
MONDAY, APRIL 5, 1993
PUBLIC HEARING
PUBLIC HEARING ATTENDANCE FORM FOR $250,000 ECONOMIC RECOVERY
APPLICATION PUBLIC HEARING.
A'r1'EH:lMa - PLEASE PRINr
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RESOLUTION 93-16
RESOLUTION ORDERING IMPROVEMENTS AND PREPARATION OF PLANS
ON BUSINESS OFFICE PARK (PROJECT#93-11) AND OTHER 1993
CITY IMPROVEMENT PROJECTS
MOTIONED BY
WHITE
SECONDED BY FITZGERALD
WHEREAS, pursuant to Resolution 93-05
adopted on February 16, 1993
Hearing to be held at 8:00 P.M.
the following improvements:
AREA 1 - BUSINESS OFFICE PARK
which the
calling
on March
city council
for a Public
15, 1993 for
Proposed Business Office Park located south of CSAH 21 and
within section 1 by the construction of grading, sanitary
sewer, watermain, storm sewer, aggregate base, concrete curb
and gutter, bituminous surfacing and appurtenant work;
AREA 4 - CSAH 21 IMPROVEMENTS
CSAH 21 from 2000 feet east of Franklin Trail to east City
limit line by the construction of storm sewer, concrete curb
and gutter, lighting, sidewalk, landscaping and appurtenant
work;
AREA 5 - EXISTING INDUSTRIAL PARK STORM SEWER
From the existing Industrial Park and City Maintenance Shop
areas within section 1 to Markley Lake by the construction of
a storm sewer/ponding system and appurtenant work;
AREA 6 - CSAH 42 FROM FERNDALE AVENUE TO BOONE AVENUE
CSAH 42 from Ferndale Avenue to T.H. 13 by the construction
of storm sewer, watermain, sanitary sewer crossing, concrete
curb and gutter, intersection lighting, bikeway, landscaping,
and appurtenant work;
AREA 7 - FISH POINT ROAD EXTENSION IN THE GREENBRIAR PARCEL
Fish Point Road from CSAH 44 south to approximately 1,500
feet within the Greenbriar property by the construction of
grading, aggregate base, storm sewer, concrete curb and
gutter, bituminous surfacing, sidewalk and appurtenant work;
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 I Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPlDYER
AREA 8 - CARRIAGE HILL ROAD
carriage Hill Road from CSAH 21 to Pike Lake Trail by the
construction of grading, sanitary sewer, watermain, storm
sewer, aggregate base, concrete curb and gutter, bituminous
surfacing, sidewalk, landscaping, and appurtenant work;
AREA 9 - LEMLEY CIRCLE STORM SEWER
From Trunk Highway 13 and Candy Cove Trail to Mitchell Pond
by the construction of a storm sewer system and appurtenant
work;
AREA 10 - TRAFFIC CONTROL SIGNAL AT T.H. 13 & FIVE HAWKS
AVE~E
Trunk Highway 13 and Five Hawks Avenue Intersection by the
construction of a traffic control signal and road
channelization and appurtenant work;
AREA 11 - BITUMINOUS SEAL COAT OF CITY STREETS
The bituminous seal coating of bituminous paved streets
throughout the city;
AREA 12 - THE POND ATHLETIC COMPLEX PARKING LOTS AND ROAD
PAVING
Roadway and Parking lot paving in the Pond Athletic complex
by the construction of gradin9, aggregate base, concrete curb
and gutter, bituminous surfaclng and appurtenant work;
AREA 13 - CIVIL DEFENSE SIRENS
Five locations within the City limits by the installation of
civil Defense sirens.
WHEREAS, ten days mailed notice and two weeks published notice of
the hearing was given, and the hearing was called to order on the
15th day of March, 1993 at which all persons desiring to be heard
were given an opportunity to be heard thereon; and
NOW THEREFORE BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL OF
PRIOR LAKE, MINNESOTA, that;
1.
Such improvements are hereby ordered as proposed in
Council Resolution 93-05 adopted the 16th day
February, 1993 contingent upon the acquisition of
Waterfront Passage Business Office Park land
further Council review of the projects.
2. The Cit~ En~ineer is hereby designated as the Engineer
for thlS 1mprovement. He shall prepare plans and
specifications for the making of this improvement.
the
of
the
and
Passed and adopted this ~th day of
YES
March
, 1993.
NO
Andren
Fitzgerald
Kedrowski
Scott
White
Absent
X
X-
X-
X
,~
Lake
(Seal)
Re: Deec:~~~~c~ c! ~~e eo~er:~ area.
Ij!:SW'':'?::ON:
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c.'l.:.c.agc, l'~wlIukee, St.. Paul a.::.c ?lIc~~e ;;c.::::lIC. ee..nc-l,y ot ':.."Ie :.:':':ow~.:~
cleec:~bed 1..i:1e:
COllllllenCing a't t.'le 1l0C"t.'leall't cc~c- of aa1c Sou':..'lweat. Ouc-;er; t.'lence 01l an
uautleG bea:~ o! ~c..-:"'l 89 cle&:"eea '-9 cj..:nne. '6 s.conda ;;es,: Alono ':..'le aou"t."l
1..:...ne ot aa.1d SOl.l"t.'l...est Ouc-:.e: a ~a'ta.Dee c! ~C.~O teet ~ ':.."le ;.ci.'Jt o!
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begi..:r~ o! t..'le ~'e ~ be lie!lc:i~ec:; t..'lance So=-:..': 00 cle~s 33 c:...:n:-...e15 2'
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no" e.be.ndon~ C::-..:..cagc, r.il"aukee. St.. ?a1.:l and Pac~~c ~-::ad e.~~ 't.'le:e
':..e==.:...~ ~.
EXHIBIT A
EXHIBIT B
Purchase Price shall be payable as follows:
(i) $ 20,000 cash at closing;
(ii) $164,794 payable as follows:
After closing, Purchaser shall subdivide the property and
shall make principal payments toward the contract balance
then owing as the subdivided lots are sold by Purchaser.
Such principal payments will be based upon the percentage of
the developable property sold divided by the developable
square feet of the property purchased herein (958,320 square
feet) multiplied by the contract price herein. Seller
agrees to release lots as portions of the Contract price are
paid pursuant to the lot sales. At such time as 80% of the
developable property is sold, or on , 2003,
whichever first occurs, the entire balance herein, including
interest and principal, shall be due and payable.
In addition to the principal payments, interest shall accrue
at the rate of 8% and shall be payable semi-annually,
commencing July 1, 1993.
s: \shdata\nlh\priorlk. exb
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of S.e~on '. '!owr..sniil "10, Ran.;. Z4. Seo't': Ccunty. :'.:..r..nUO't.l. cl..e:~bec. u
!ol:'ov.:
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't..~. !cllow~~~ <1eac~~~.c ~":a A:
Co=enei.:'l& at t.'u aout."Iellat eo~er o! aaic. Sou'thwellt OUL.""'tu: t.":ence 00 an
ullu:ee bea::.n.; o! ~o:-_~ 95 <1.s:-~e. u~ ~"'ll.:.... '6 seeonc.a ',;eat &.long ":."1. :101.:':."1
~. of sUC Sou~":"tI.:lt CuAr:.er & ~':.&nCI of 730.0C !ee'ti t."lence l/or_"I 00
<1es=.ee 'i0 c..."'lu'tea li.l. .eeone.. !.e.a~ & ~'tanoe o! ~7~.00 !nt: thence &lOnt .
'tanseo~~al cW'Ye concave U) ~"Ie vea.. hav1n& . ncU.WI of J.60.00 het & cen't..-a.l
an;le o! 2" des=-.ea 2; ~"u'tell ;; seeond.s an e.r: lens-_"I o! 'S~.al. ten: t.'lence
1/0:-_'1 210 c1as:ee. 'i2 ci.:'ll.:..u W. leeooOJl ',;as"; tar.gent U) aalc C1:........ a ~a't&l'lee o!
Zi~ .29 het U) t."le j)o:..nt c! be~~~.g of aa1c ~e A: t.."I.noe Sout..~ 6~ cieg:-.u J..7
c.i.nu-:.ea '0 aeconca .ea.. . ~.!l't.&nce of ;7e.e, !ee..: t.'lene. alOnt & ~en~&l
cu.-ve concave t.o t.."Ie no::-;.": havi.ng & ra~WI of ~C.OO !eet & CeD-::al ~e o! 69
c1es=eu '2 a:.1nu'tell ~2 aeconca an e.r: l~..'l of J.83.2' :eet: t.'le:xe No:-..'l W.
c1eS=-tell 59 zr.1..:)U'tee 5a aeconca ;;ell.. ~ien.. 'tc M.ic C1:...-ve a ~'t&Dce of 47 .~:3
fee..: t.'lence Sou-t:l 105 des=eell 00 ::i.m:'t.. 00 aecood.s \lellt & ~'t&Dce o! ~o.oo
!ee..; t.'lence alor.g & 'tanOen't~Al cu.-ve ecncave U) t.."Ie sout.."Ieu-t hav~~ . n~l.l3
of ;500.00 feet a oer:-=al an&le of 2S cies=eell ~o ci..'U'tea '9 aeeond.s an a..-: lenr_"l
o! '49.~' ree..; ";""lenee Sou-:.."l '6 c!es=eell 29 =.i..m:UII 06 ..00Dc1a iiea.. tAnietl.. ";0
u.ic. cu.-ve I. ~"tance of 'i6.66 reet; ";""lance &lono a ~en..a.l c-.:......,. cc."'lcave U)
t."I. nor-_"lwee't hav~ .. :,ac.iua cr ~O.OC !eet II cen't..-al a,n;1. o! l.O cles=.ell 22
~\lU!1l U6 .eco~ a::l a..-: len~'1 o~ 25'.90 !ee-z; ~enc. So\:~ ~ c1es=eell ~,
c..."1\.l~ell ~3 Ilecond.s iiea~ ~en't to u.ie c:-.:...-v. & ~Unce c! ;504.23 ru..; thence
e..l~ a 'tangen<;:..&l e:.:...-,e concave 'te t.'le .OU-_'lea8't havi.~ & :'a~1.:Jl or 1oa0.00 fee':
I. cen't..-a.l ~le of " cie~ell U6 ~...a 2.3 aeconOJl AI: a:: l~': o! e2..'9 !ee't
t.o t.."le 50U-~ ll.."'le cf u.ie 5ou-t:l",es-t Cue.=-..er anc t.']e:e 'te~~.
';ooet."Ie: ",:!::..~ t.'le aol.:t..~ 20.00 !ee"t of t.':e velS't 260.00 !ee"t. J.:r. :.'1e lIert 20.00
!ee't o! ";""Ie 1l0U-z.'l ,~C.OO !eet of S&ic! So\.l~'lllelS"t Cue.=-~.
ll.so 'toget."Ie:: wi -t:l II t.eci'OrL""1 cc.~t:"UC~on easemen-: vi t.'1 t..'le ~;.":': U:.. s=ace,
:-esh.ape. anC :ecove '::"ees over an 1.=011. II Il"t.:::.? o! lAne 4C .00 !eet i:l v1c";..,: t.."le
IlO:-"=' ant wert ~e c! wi"~c.~ is t.'le above c!ese::.bee ~e J... J.:r. e ll=~? o! lane.
J..O. CO !eet in "'~c!~ t..'1e sout..': ane eu': 11:1e c! wl'1ich is a l.i.:le d::awn j)a..-allel
w:"~ anc. ~':.&n't 20.00 !ee't oc:-_": ar..:: wee. of t.'le above ciea~~ec ~"'le J.. An::.
t..~e no:-~ 4C.CC tee.. cf t..':. 50U~"l 60.00 reat of t.'le vee. 28C.00 !ee.. J.."1li ";"':e
eaS't .l.C. 00 ! eet o! t."le west 6c. 00 ! ee. o! t..~e ao..:-::. , 50.00 ! eet of aa..ic.
Sol.:t..'lwee~ Cuarte::.
Said te=porL-Y eaeecen't ~ expi:e Dececbe:: 3'. '995.
EXHIBIT C - Page 1 of 5
Re: 20 !oct pe==anen~ ~t~~~~ eese=~~t.
DL:SC?I?'!!ON:
A pe=::.a.nent easement to cens't..-.Jct. ope=ate. ma.i..~tc.':::l ane. :-epai: publ:..c ~t:...:..:. ty
ane. d=ainage systez::s eve:-. under and ac=oss t..'lat pa:-: of t..~e SO~~~',;est Qua:-:e=
c; Section 1. 'IOWI:sb.ip 114, Ra."lge 22. Scott Coun-:y. I--...i.....~eso'ta desc=:.bed as
iollows:
A s-:::-ip of land 20.00 feet i:l wie.-:"~ "t.~e cente= li..~e of whi.ch is desc=ibee. as
follows:
Commencol ~ at t...~e sou-theas-t COr:ler c! said Sout.~west ~e=; 't.~e.nce en a.."'l
assUl:led bee:" ~ of No=t..~ 89 deg::-ees "9 mi."lutes 16 seconds wes~ alCI"..e 't.~e sou't..~
l.i.ne of said Sou"t.~west Ouar...er a d.:i.s'tance of 730.00 f ee't; 't.~e..")ce Nc=-_~ 00
aeg::-ees 10 minutes 44 seconcis East a distance cf 37.5.00 f eetj t...~e.."'lce e.lo:-..g a
'tangential cu-"-ve concave to t.,e west bavins a .=adius of 460.00 fee~ a cer.'t::'a.l
angle of 7 deg::-ees 06 Ir.i....u'tes 28 seconds en a...-: le.ngt...~ of 57.07 feet to 't.~e
poi.r.t of beg- ::lI".i.ng of the ce.."'lte=l.i.:le ~ be desc:ibee. j thence Nc=t..., 25 deg::-ees 49
~"'lU~S 16 seconds Wes~ a Cis~ce of 50.00 !ee~ ane. t...~ere te~~t~.
. ,
EXHIBIT C - Page 2 of 5
Re: 1CO anc 1~0 !oo~ ~e=por~J const--uction easement !or en~~ce read:
DES:?..::.?:':ON .1
A te:por~J co~t-~ction slope eeS~ent ove~, unde~ LOC a~oss ~~~ p~ c~ ~~e
Sout.~wes~ Oua:-;.e= o~ Sec-:=-cn 1, ':o'WIlSr..ip 1'j~, Ra."'lge 2, Scc-c-: COUo"'l':] , ~eso't.a
desc=~bed as follows:
A s-==-p o~ la."'ld 100.00 feet i."'l ....i'..:.h t.~e easte=ly ~"'le cf which i.s desC~:'::ee as
=u.-_-~"'lg f::om the point. of bee;i:.r~~ 'to poin~ "A" of t."le .followi."'lg desc=ibee li..."'le
anc a '.5~~p cf lane 150.00 feet ~n ....ic:t.~ t."le easterl:.r l..:.."'le cf which i.s describee
as ~"'l..-..;L-..g !=c:::. poi."'lt" A" to 't."le poi."7.~ of 'te.:--i:.ati.on cf t."le !cllowi=.e ~esc:ibee
li:le:
COm=lenci.-..g at t.."le sou't."lee..st cc=::e:: of said Southwes~ Oua--ter; t."lence on a.."'l
assl.:::lee beari.-.g of No=-:.."l 8S deg::-ees 49 lti."'lu~S 16 seconds \test alcng the so\.:-:..~
line of saic Sout."lwes~ Oua:t.er a Cistance of 730.00 feet 'to t.~e point cf
begin.-~ of the line to be desc:ibee; tha.."'lce Nor-'"-h 00 dee;=-ees '0 mi.nu"t.es W.
seconds Eas-: a ciis'tance c:f 375.00 l' eet; thence alone a tanse.ntial C~-Ve concave
to t,be wes-: havine a raCiu.s of 460.00 feet a cen-=al angle of 24 dee;=-ees 23
IIli.nutes 33 seconds an aro lene;t."l of '95.84 feet; "t."lenoe Nor"t.~ 24 deg=ees ;2
I:i.:lu'tes 44 seconds \;est 'tangent 'to said cu:'"/e a c..:.S-:a."lce of 275 .29 ~eet 'to t."le
above ::ei'ere."'lcee point. 1'1.. n; t."lence con~i."ll.:..i::.g alone a tangential c~-.re Concave
to t."le nO:-:'''least having a raCiu.s of 540.00 feet a cen':::2.l angle of 4; deg=ees 29
~ut.es 20 seconds an arc le.."'le;t.\.;. cf 426.72 feet; thence Nort.."l 13 deg=ees ~5
mi.nutes 04 seconds East Dct tar.gent 'to said cu..-.re a &-:ance of 55.39 feet;
t."lence NO:-:'"l 31 dee;=-ees ~3 ~"'lutes 15 seconds East a distance of '~5.36 fee~ to
the sout."lwes-:e=ly r:.ght-oi-way ~e of t."le new abancienec. Chicagc, ftI..:..l;;a~ee,
St. Paul ane. Pacific Re..il:oac. ane. '":...'1e=e t.er.::.:..:).a:t:.ng.
,
EXHIBIT C - Page 3 of 5
lie: 4.0 by 75 toot per::.aner.~ uti~ t"; easement.
DESCR:?:!ON:
J.. pe:-...anen't easement to COl".s't..-.;ct, ope:ate, ma.':"""'l'toa.:.:, ar.c. :epai: public u~~ ':7
and C=~ ~ ""..age sys'tec.s ove:, ~"'lce: anc ac:-oss t.~t pc..:-: c~ the Sou~~'_es"C Q~e=
of Section ." Township 1 j4, Ra,.-..ge 22, Sce~ CC~"'l'tj', :-'.i-"'l."'lesc'ta ciesc:ibec. as
fellows:
A s-.:=i'p of land 4{J.00 feet i..."'l wid't.'1 t."e sout."e:-l] ~"'le e~ whic~ is desc:i~e<i as
follows:
Co:nmenci..r..s at t."e sout."east COr:le: of said Sout.~iJest Qua.:--te:; t..'1ence en a."'l
assumed. bee:~ ot Nor_.. es degrees 49 minu'tes 16 seconds ',jest e.lor.g t."e sou't.~
li:le o~ said Sout..'1wes~ O\.:a="'-..e: a distance of 730.00 .feet; t.'1ence No::-..l) 00
deg:::-ees 10 L"'lu't.es 4.4. seconcis East a c..:.s'tance ef 375. co teet; thence alene a
tar:.gen't:i.al. cur-Ie concave to 'the west havi~ a :radius of 460.00 feet a cen--.:=a.l
angle o~ 24 degrees 23 mim.:"t.es 33 seconds an a:~ leng-~. of 195.84 feet; t....ence
No=--_" 24 deg:-ees 12 lti.."'lut.es 44 seconcis West t.an.ger.'t 'to sa:.i.d cu..-.re a distance of
275 .29 ! eet; t....ence along a tange::.tial cu..-.re concave -:.0 t..'1e nc:-t.'1east hay'; "".g a
:ac.ius o! .51Kl.00 teet a cen't..-al angl-e of 45 deg=ees 29 m:..."'lutes 20 seconcis a.::l. arc
1~" ot 428.72 teet; t.hence Ncrt.."l 13 deg=ees 45 cim::es 04 seconcis ".:'.Pc.-'t ne~
t.angeD't to said curle a rl~ e't2-"'lee ot 55.39 feet; t..~ence No~_'1 31 degrees 43
ltinutes 15 seconds !a.st a Ci...s't2nce of 90.36 feet 'to the poi:..t ot begi.:m.i..=.g of
t."e J...i.."'le t.o be desc.=ibed; t."ence no~_"wes'te=l.y p2-~el wi t.b t.')e sou't.'1west.e.:l.y
:ight-oi'-way line of the no.... abaoc.onec. c:..icagc, ~.i.liJaukee St. Paul an.ci ?ac~:..c
R;; 'i , -oad a c..is'UUlce c: 75.00 .f ee't a.:lC. 't."le::-e 'te:-..:i..:-.a'ti.:lg.
,
EXHIBIT C - Page 4 of 5
Re: 100 : cot tempOrL"7 cons'";.-.JC~on easement on t.~e eut.er 1y end.
...
D!:SCP..=?':':: ON :.-
A te:?or~J c~~~-uction slope easemer.t ove=, under and across t.~t ~ of t.~e
Soc:t...")eas-; Oua:-;er of Section "\, 'Iownsr..ip 1 i~, R.a:lge 22, See";"; Cou=.~.r, ?'..i..nnesc't.Q
desc:ibed as tollows:
A s-.::-ip of' land 100.00 feet i..."l widt.."l t.."le weste:ly, .no~..herly and weste:1y li..'1e
cf "r~ch is desc=~bed as follows:
Ccmmenc~ a-: t.."le sou'thwest cc~er of sue: Sout,hee.st Qua:terj t."le."lce on an
assumed bearing of South 89 deg::-ees 26 mi.nu"t.es 39 seconc!..s i:a.st along t..'"le sout.."l
line of said Sout..")east ~..e: a cli.s'tance of 32.0.00 feet 'to the point of
begi..."lr'..i.ng of 'tbe line 'to be described; t.."le.."lce Nor~ 00 deg::"ees ~~ mi."lut.es 21
seconds !:ast a Cis"tance of 173.80 feet; thence Nor..h 27 deg::-ees 08 cinut.es 02
seconds East a distance of 153.56 feet.; 'tbe.nce Sow-"l 62 deg::"ees 52. mi.nut.es 03
seconds :East a distance of "\ 05.00 feet; t.."le.nce Nor-..h 2.7 deg::-ees 07 Ztinut.es 57
secon.C.s East a d.istance of 2.30.00 feet; t.."lence. North 38 deg::-ees 2.6 ltinutes 33
seconds East 8. distance of 50.99 feet; t.."le.nce Nor-_"l 2.7' de grees 07 mi:lutes 'j 7
seconds !:.as: a c.:.stance o! 150.00 feet "to t.."le soU't."lwest.er ly right-of-way line of
t.."le now abandoned Chicago, l".i.lwaukee, St. Paul and Paci.!'ic Railroad and t.here
te=-_i.na:ti...~ .
Said t.empo=a..-y easement "to expi.:-e December 31, , 995.
,
EXHIBIT C - Page 5 of 5
EXHIBIT D
ADDITIONAL TERMS con't
REZONING. Seller and Purchaser shall cooperate in the rezoning
of the property purchased herein, the legal description of which
is set forth on Exhibit A attached hereto, from the present
zoning classification to one of business type use. Both parties
shall execute any and all petitions and furnish such documents as
are reasonably necessary to accomplish the rezoning of the
property.
ASSESSMENTS. Principal payments on assessments as well as
accrued interest against Seller's property as a result of Seller
furnishing access and Purchaser installed utilities and
improvements to the purchased property will be deferred until the
affected assessed property is developed or for a period of ten
years from the date of this Contract, whichever is earlier.
The assessments and the above deferral would be in accordance
with the Memorandum of the City Finance Director dated April 1,
1993, attached hereto and incorporated herein.
s: \shdata\nlh\priorlk. exd
.-----..-
...-- ..-. ....... .......
-.....-- ----- --...- --- -........ ^.........-----..-
... -...
MEMORANDUM
TO: Frank Muelken
FROM: Ralph Teschner, Finance Director
RE: Adel~ann Parcel Proposed Assessments
DATE; April 1, 1993
The remaining two residual parcels that would be retained by the
Adelmann Estate would be served with utility improvement.
concurrently with the development of the City's business office
park site upon acquisition. The rates utili.ed for the purpose of
calculating assessments are identified below:
Acreage
Paving
Water
Sewer
S2750.00/acre:
S38.00/ff
$20.00/ff
$40.00/ff
- . .
. . .
Based upon these rates, the prOposed assessment amounts would be
determined as follows:
Adelmann Parcel (East~
a) Acreage Assessment ... 12.5 ac. @ $2750.00/acre = $ 34,375.00
b) Frontage Assessment... (S,W,P) 300' @ $9B.OO/ff ~ S 29,400.00
Adelmann Parcel (West)
ij Acreage Assessment ... 59.5 ac. @ $2750.00/acre ~ $163,625.00
b) Frontage Assessment... (sewer) 150' @ $40.00/ff ~ $ 6,000.00
c) Frontage Assessment... (water) 3800 @ $20.00/ff = $ 76,000.00
Grand Total -.. $309,400.00
These proposed assessments will be deferred up to a maximum of 10
years or until the property is sold or subdivided whichever
Occurs first. Interest shall accrue at 8% per annum and shall
also be deferred subject to the above stated conditions. This
cumulative interest would amount to an additional $247,520.00 if
deferred OVer the full term.
~;;:;;=~=--===~=---
4629 Dakota St S.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
A~ EQUAL OPPORTUl'o.TT'Y CMPl.DYER
CITY OF PRIOR LAKE - SEMI-MONTHLY TIME REPORT
EMPLOYEE'S NAME:
DEPARTMENT:
PAY PERIOD:
f ( ., (
f ..~. '. . J , ',.' i \
Administration Dept.
)
/
,,' f
WORK DESCRI PT: 1
I I I I I I
-
DAILY TOTAL <;:: P /~ /0 rF y y ,P P .~ Y P
I I I I I ~
. -
.
HoTidavs I I I I I
VacatTon
SIck Leave
ComD Tlme
I I I I
USED
EARNED:
Overt ime
Comp time
J'
, c.
COMPREHENSIVE TIME
===========================================================================
===========================================================================
BeQ. Balance 57 )5
Used
Ea rned il.'7o
Ena. Ba lance C./ t 1';'
REG. TOTAL
O.T. TOTAL
~HPLOYEE'S SIGNATURE
A/flee
~ 'L~i'
iUPERVISOR'S SIGNATURE
CONnDI:NTIAL
I N T E R 0 F FIe E
M E M 0 RAN 0 U M
TO:
FROM:
SUBJECT:
DATE:
FRANK BOYLES, CITY MANAGER
LARRY J. ANDERSON, DIRECTOR OF PUBLIC WORKS
BUSINESS OFFICE PARK
APRIL 1, 1993
#~
As of April 1, 1993, the land sale to the EDA is nearly complete.
The court has approved the sale subject to three (3) conditions
and they are as follows:
1. The seller providing an updated appraisal verifying the
$5,700.00jacre.
2. EDA approving the contract for deed with amended terms.
3. The objector approving an Assessment Agreement. The
agreement will be a contract for the assessments to the
balance of the property which we are not purchasing.
This is to the City's advantage.
Prior to the closing of the sale, the abstract for the property
needs to be updated.
The original option agreement for the property contained the
following principal items:
1. $5,700.00jacre gross land area.
2. Zero down.
3. 8% interest paid semi-annually.
4. Principal payments due as lots are sold.
5. When 80% of the lots are sold the contract balance is
due.
The following are the substantial changes which were made to the
original option agreement:
1. $20,000.00 down payment.
2. 10 year balloon.
3. The balance of the property which the City is not
purchasing will be assessed $309,400.00 for trunk sewer
and water, and improvements to the parcel to the east of
the land which the City is purchasing. The interest and
principal will be deferred until sold, developed or ten
(10) years whichever occurs first. No interest will
accrue until January 1, 1994.
The City will conduct a EDA on Monday, April 5, 1993 to
the contract for deed. Glenn Kessel will provide, prior
meeting, a detailed contract for deed. This information
be confidential.
ratify
to the
should
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
CONTRACT FOR DEED
Form No. 54-M
MinMaota Uniform Cony~ancinl Blanu (1978) Min.r.OIIyi. Co., Minn..poli.
IndIVidual Sener
No delinquent taxes and transfer entered;
Certificate of Real Estate Value
( )filed ___ ( )not required
.19_.
County Auditor
By
Deputy
(reserved for recording data)
MORTGAGE REGISTRY TAX DUE HEREON:
$
(reserved for mortgage registry tax payment data)
Date:
,19 93
THIS CONTRACT FOR DEED is made on the above date by Marilyn Adelmann and LeRoy
Adelmann, co-conservators of the Conservatorship of Anthony Adelmann, Conservatee. ~ingle
, (marital status)
Seller (whether one or more), and Economic DevelopmF'nt Authority_ an agF'nr:y of thp rity of
Pri or Lake, Scott County, Mi nnesota, a municipa 1 corpor,ap~~6haser (whether one or more).
Seller and Purchaser agree to the following terms:
1. PROPERTY DESCRIPTION. Seller hereby sells, and Purchaser hereby buys, real property in
Scott County, Minnesota, described as follows:
See Exhibit A attached hereto and incorporated herein by reference
together with all hereditaments and appurtenances belonging thereto (the Property).
2. TITLE. Seller warrants that title to the Property is, on the date of this contract, subject only to the
following exceptions:
(a) Covenants, conditions, restrictions, declarations and easements of record, if any;
(b) Reservations of minerals or mineral rights by the State of Minnesota, if any;
(c) Building, zoning and subdivision laws and regulations;
(d) The lien of real estate taxes and installments of special assessments which are payable by
Purchaser pursuant to paragraph 6 of this contract; and
(e) The following liens or encumbrances:
None
3. DELIVERY OF DEED AND EVIDENCE OF TITLE. Upon Purchaser's prompt and full performance
of this contract, Seller shall: I
(a) Execute, acknowledge and deliver to Purchaser a Conservator s Deed, in
recordable form, conveying marketable title to the Property to Purchaser, subject only to the
following exceptions:
(i) Those exceptions referred to in paragraph 2(a), (b), (c) and (d) of this contract;
(ii) Liens, encumbrances, adverse claims or other matters which Purchaser has created, suffered
or permitted to accrue after the date of this contract; and
(iii) The following liens or encumbrances:
None
; and
(b) Deliver to Purchaser the abstract of title to the Property or, if the title is registered, the owner's
duplicate certificate of title.
4. PURCHASE PRICE. Purchaser shall pay to Seller, at
One hundred eiqhty-four thousand seven hundred ninety-four
as and for the purchase price for the Property, payable as follows:
See Exhibit B attached hereto and incorporated herein by reference.
, the sum of
($184,794.00 ),
5. PREPAYMENT. Unless otherwise provided in this contract, Purchaser shall have the right to fully or
partially prepay this contract at any time without penalty. Any partial prepayment shall be applied
first to payment of amounts then due under this contract, including unpaid accrued interest, and the
balance shall be applied to the principal installments to be paid in the inverse order of their maturity.
Partial prepayment shall not postpone the due date of the installments to be paid pursuant to this
contract or change the amount of such installments.
6. REAL ESTATE TAXES AND ASSESSMENTS. Purchaser shall pay, before penalty accrues, all real
estate taxes and installng~ts of special assessments assessed againilt the Property which are due and
payable in the year 19_ and in all subsequent years. Real estate taxes and installments of special
assessments which are due and payable in the year in which this contract is dated shall be paid as
follows: Prorated to the date of Closlng
Seller warrants that the real estate taxes and installments of special assessments which were due and
payable in the years preceding the year in which this contract is dated are paid in full.
T URED RISKS AND AMOUNT. Purchaser shall keep a Ul mgs, 1
fixtur or later located on or a part of the Property insured against loss by fire, extended
coverage pen, dalism, malicious mischief and, if applicable, steam boiler explosion for at
least the amount of
If any of the buildings, impro ts or fixtures are located in a federally designated flood prone
area, and if flood insurance is availa that area, Purchaser shall procure and maintain flood
insurance in amounts reasonably satisfacto Seller.
(b) OTHER TERMS. The insurance policy shall contain ayable clausein favor of Seller which
provides that Seller's right to recover under the insurance not be impaired by any acts or
omissions of Purchaser or Seller, and that Seller shall otherwise fforded all rights and
privileges customarily provided a mortgagee under the so-called standar age clause.
(c) NOTICE OF DAMAGE. I~ the e.vent of damage to the Property by.fire or 0
lS. DAMAGE 'fO 'f'IID PROPERTY.
(a) APPLICATION OF INSURANCE PROCEEDS. If the Property is damaged by llre or other
casualty. the insurance proceeds paid on account of such damage shall be applied to payment 0
the amounts payable by Purchaser under this contract, even if such amounts are not then due t
paid, unless Purchaser makes a permitted election described in the next paragraph. Such aunts
shall be first applied to unpaid accrued interest and next to the installments to be paid a rovided
in this contract in the inverse order of their maturity. Such payment shall not pas ne the due
date of the installments to be paid pursuant to this contract or chan~e the ount of such
in~t.clllTT1,,,ts. Thf' n:=!JctnC'(' of insllrnnC'f' nroC'Ppns if An\' ~hnll hp ttw nrnnpr of Pllrf'hnspr
(b)
PURCHASER'S ELECTION TO REBUILD. If Purchaser is not in ault under this contract, or
after curing any such default, and if the mortgagees in any pri mortgages and sellers in any
prior contracts for deed do not require otherwise, Purchaser m elect to have that portion of such
insurance proceeds necessary to repair, replace or restore t amaged Property (the repair work)
deposited in escrow with a bank or title insurance comp y qualified todo business in the State of
Minnesota, or such other party as may be mutually a eable to Seller and Purchaser. The election
may onlylle made by written notice to Seller with' sixty days after the damage occurs. Also, the
election will only be permitted if the plans and ecifications and contracts for the repair work are
approved by Seller, which approval Seller all not unreasonably withhold or delay. If such a
permitted election is made by Purchase, eller and Purchaser shall jointly deposit, when paid,
such insurance proceeds into such row. If such insurance proceeds are insufficient for the
repair work, Purchaser shall, be e the commencement of the repair work, deposit into such
escrow sufficient additional ey to insure the full payment for the repair work. Even if the
insurance proceeds are u ail able or are insuffficient to pay the cost of the repair work,
Purchaser shall at all ti s be responsible to pay the full cost of the repair work. All escrowed
funds shall be disb sed by the escrowee in accordance with generally accepted sound
construction disb ement procedures. The costs incurred or to be incurred on account of such
escrow shall be posited by Purchaser into such escrow before the commencement of the repair
work. Purch er shall complete the repair work as soon as reasonably possible and in a good and
workma . e manner, and in any event the repair work shall be completed by Purchaser within
one ye after the damage occurs. If, following the completion of and payment for the repair work,
the remain any undisbursed escrow funds, such funds shall be applied to payment of the
9. INJURY OR DAMAGE OCCURRING ON THE PROPERTY.
(a) LIABILITY. Seller shall be free from liability and claims for damages by reason of injuries
occurring on or after the date of this contract to any person or persons or property while on or about
the Property. Purchaser shall defend and indemnify Seller from all liability, loss, costs and
obligations, incl uding reasonable attorneys' fees, on account of or arising out of any such injuries.
However, Purchaser shall have no liability or obligation to Seller for such injuries which are
caused by the negligence or intentional wrongful acts or omissions of Seller.
(b) LIABILITY INSURANCE. Purchaser shall, at Purchaser's own expense, procure and maintain
liability insurance against claims for bodily injury, death and property damage occurring on or
about the Property in amounts reasonably satisfactory to Seller and naming Seller as an
additional insured.
10. INSURANCE, GENERALLY. The insurance which Purchaser is required to procure and maintain
pursuan t to paragraphK~X1t1tl 9 of this contract shall be issued by an insurance company or companies
licensed to do business in the State of Minnesota and acceptable to Seller. The insurance shall be
maintained by Purchaser at all times while any amount remains unpaid under this contract. The
insurance policies shall provide for not less than ten days written notice to Seller before cancellation,
non-renewal, termination or change in coverage, and Purchaser shall deliver to Seller a duplicate
original or certificate of such insurance policy or policies.
11. CONDEMNATION. If all or any part of the Property is taken in condemnation proceedings instituted
under power of eminent domain or is conveyed in lieu thereof under threat of condemnation, the money
paid pursuant to such condemnation or conveyance in lieu thereof shall be applied to payment of the
amounts payable by Purchaser under this contract, even if such amounts are not then due to be paid.
Such amounts shall be applied first to unpaid accrued interest and next to the installments to be paid
as provided in this contract in the inverse order of their maturity. Such payment shall not postpone the
due date of the installments to be paid pursuant to this contract or change the amount of such
installments. The balance, if any, shall be the property of Purchaser.
12. WASTE, REPAIR AND LIENS. Purchaser shall not remove or demolish any buildings, im-
provements or fixtures now or later located on or a part of the Property, nor shall Purchaser commit or
allow waste of the Property. Purchaser shall maintain the Property in good condition and repair.
Purchaser shall not create or permit to accrue liens or adverse claims against the Property which
constitute a lien or claim against Seller's interest in the Property. Purchaser shall pay to Seller all
amounts, costs and expenses, including reasonable attorneys' fees, incurred by Seller to remove any
such liens or adverse claims.
13. DEED AND MORTGAGE REGISTRY TAXES. Seller shall, upon Purchaser's full performance of this
contract, pay the deed tax due upon the recording or filing of the deed to be delivered by Seller to
Purchaser. The mortgage registry tax due upon the recording or filing of this contract shall be paid by
the party who records or files this contract; however, this provision shall not impair the right of Seller
to collect from Purchaser the amount of such tax actually paid by Seller as provided in the applicable
law governing default and service of notice of termination of this contract.
14. NOTICE OF ASSIGNMENT. Ifeither Seller or Purchaser assigns their interest in the Property, a copy
of such assignment shall promptly be furnished to the non-assigning party.
15. PROTECTION OF INTERESTS. If Purchaser fails to pay any sum of money required under the terms
of this contract or fails to perform any of Purchaser's obligations as set forth in this contract, Seller
may, at Seller's option, pay the same or cause the same to be performed, or both, and the amounts so
paid by Seller and the cost of such performance shall be payable at once, with interest at the rate stated
in paragraph 4 of this contract, as an additional amount due Seller under this contract.
If there now exists, or if Seller hereafter creates, suffers or permits to accrue, any mortgage, contract for
deed, lien or encumbrance against the Property which is not herein expressly assumed by Purchaser,
and provided Purchaser is not in default under this contract, Seller shall timely pay all amounts due
thereon, and if Seller fails to do so, Purchaser may, at Purchaser's option, pay any such delinquent
amounts and deduct the amounts paid from the installment(s) next coming due under this contract.
16. DEFAULT. The time of performance by Purchaser of the terms of this contract is an essential part of
this contract. Should Purchaser fail to timely perform any of the terms of this contract, Seller may, at
Seller's option, elect to declare this contract cancelled and terminated by notice to Purchaser in
accordance with applicable law. All ri~ht, title and interest acquired under this contract by Purchaser
shall then cease and terminate, and all improvements made upon the Property and all payments made
by Purchaser pursuant to this contract shall belong to Seller as liquidated damages for breach of this
contract. Neither the extension of the time for payment of any sum of money to be paid hereunder nor
an~' waiver by Seller of Seller's ri~hts to declare this contract forfeited by reason of any breach shall in
an~' manner affect Seller's right to cancel this contract because of defaults subsequently occurring, and
no extension of time shall be valia unless a~reed to in writin~. After service of notice of default and
failure to cure such defa ult within the period allowed by law, Purchaser shall, upon demand, surrender
posspssion of thp Property to Seller, but Purchaser shall be entitled to possession of the Property until
tlw expiration of such period.
17. HIKI HNG EFFECT. Thp terms of this contract shall run with the land and bind the parties hereto and
tlH'ir ~\l('('p~~()r~ in intprp~t.
18. HEADII\GS. Headings of tht paragraphs of this contract are for convenience only and do not define.
limit or construe the contents of such paragraphs.
19. ASSESSME!'I:TS BY OWNERS' ASSOCIATION. If the Property is subject to a recorded declaration
providing for assessments to be levied against the Property by any owners' association, which
assessments may become a lien against the Property if not paid, then:
(a) Purchaser shall promptly pay, when due. all assessments imposed by the owners' association or
other governing body as required by the provisions ofthe declaration or other related documents;
and
(b) So long as the owners' association maintains a master or blanket policy of insurance against fire.
extended coverage perils and such other hazards and in such amounts as are required by this
contract, then:
(i) Purchaser's obligation in this contract to maintain hazard insurance coverage on the
Property is satisfied; and
(ii) The provisions in paragraph 8 of this contract regarding application of insurance proceeds
shall be superceded by the provisions of the declaration or other related documents; and
(iii) In the event of a distribution of insurance proceeds in lieu of restoration or repair following an
insured casualty loss to the Property, any such proceeds payable to Purchaser are hereby
assigned and shall be paid to Seller for application to the sum secured by this contract, with
the excess, if any, paid to Purchaser.
20. ADDITIONAL TERMS:
EASEMENT. Seller shall execute and deliver at the closing easements in favor
of Purchaser located on the property described on Exhibit C attached hereto and
incorporated herein by reference.
Additional terms continued on Exhlbit 0 herein.
Marilyn Adelmann~ co-conservator
PURCHASER(S)
ECONOMIC DEVELOPMENT AUTHORITY, an agency of
the City of Prior Lake, Scott County,
Minnesota, a municipal corporation
SELLER(S)
LeRoy Adelmann~ co-conservator of the
Conservatorship of Anthony Adelmann
By:
Its:
County of Scott
}"
State of Minnesota
The foregoing instrument was acknowledfled before me this _ day of I 19 93 ,
by Marilyn Adelmann and LeRoy Adelmann~ co-conservators of the Conservatorshlp
of Anthony Adelmann
NOTARIAL STAMP OR SEAL lOR OTHER TITLE OR RANK)
SIGNATURE OF NOTARY PUBLIC OR OTHER OFFICIAL
State of Minnesota
County of Scott
}"
The foregoing instrument was acknowledged before me this - day of
by
93
,19_,
NOTARIAL STAMP OR SF.AL lOR OTHER TITLF. OR RANK)
SIGNATURF. OF NOTARY PUBLIC OR OTHER OFFICIAL
Tax Statements for the real property described in this Instrument should be sent 10
THIS INSTRUMENT WAS DRAFTED BY (NAME ANI> ADDRESSl
Lommen, Nelson, Cole & Stageberg, P.A.
1800 IDS Center (GRK)
Minneapolis, MN 55402
339-8131
FAILURE TO RECORD OR FILE THIS CONTRACT FOR DEED MAY GIVE OTHER PARTIES
PRIORITY OVER PURCHASER'S INTEREST IN THE PROPERTY
RESOLUTION 93-19
LOCAL GOVERNMENT RESOLUTION
FOR SUBMISSION OF AN
ECONOMIC RECOVERY FUND APPLICATION
TO FACILITATE THE KATUN PROPOSAL
MOTIONED
BY
SECONDED BY
WHEREAS, that the City of Prior Lake act as the legal sponsor for
the project(s) contained in the Community Development
Application to be submitted on April 30, 1993 and that
Mayor Lydia Andren is hereby authorized to apply to the
Department of Trade and Economic Development for funding
of this specific project on behalf of the City of Prior
Lake; and
WHEREAS, that the City of Prior Lake has the legal authority to
apply for financial assistance, and the institutional,
managerial, and financial capability to ensure adequate
construction, operation, maintenance and replacement of
the proposed project for its design life; and
WHEREAS, that the city of Prior Lake has not incurred any costs,
has not entered into any written agreements to purchase
property, and has not contracted for or begun
construction on energy conservation measures for the
proposed project; and
WHEREAS, that upon approval of its application by the state, the
City of Prior Lake may enter into an agreement with the
State of Minnesota for the above referenced project(s),
and that the City of Prior Lake certifies that it will
comply with all applicable laws and re~ulations as
stated on all contract agreements and descrlbed on the
Compliances Checklist of the Community Development
Application.
NOW THEREFORE BE IT RESOLVED that Mayor Lydia Andren is hereby
authorized to execute such agreements as are necessary to
implement the project(s) on behalf of the applicant.
4629 Dakota 51. 5.E., Prior Lake, Minnesota 55372 / Ph. (612) 447-4230 / Fax (612) 447-4245
AN EQUAL OPPORTUNITY EMPLOYER
Passed and adopted this
{Seal}
Andren
Fitzgerald
Kedrowski
Scott
White
YES
day of
, 1993.
Andren
Fitzgerald
Kedrowski
Scott
White
Frank Boyles
City Manager
City of Prior Lake
NO
POLICY FOR PRIVATE DEVELOPMENT PROJECTS
CONSTRUCTION INSPECTION OF DEVELOPER PROJECTS AND TESTING
REQUIREMENTS
It is the policy of the City of Prior Lake that construction
activity for all private development projects within the city
shall be inspected by city staff personnel or city
engineering consultant firm personnel. The construction
inspection fee charged to the private development shall be
based upon the fee structure outlined in this policy and the
actual engineering services completed by the city's
Engineering Department or their consultant's representative.
CONSTRUCTION INSPECTION ENGINEERING SERVICES FEE STRUCTURE
Private development projects shall be financiall~ responsible
for the engineering inspection and testing servlces of the
development to the city. The invoices received by the City
from engineering consultants performing inspection or
material testing work shall be forwarded to the Developer for
payment. The Developer shall have twenty (20) days in which
to pay the invoice to the consultant firm from the date of
receipt of the invoice by the City of Prior Lake. In the
event that payment of an invoice is not made within the
twenty (20) da~ period, the City will draw on the Developer's
letter of credlt to pay the invoices received from the City's
consultants. The Cit~ will adjust the letter of credit
amount in a wa~ to malntain 25% of the net construction cost
plus the remalning construction cost of the project as
determined by the Cit~ Engineer. If city staff is used for
construction inspectlon or testing services, the hourly
charge shall be as per the rates established by the city's
Finance Director.
CONSTRUCTION INSPECTION SERVICES
The construction inspection services includes the inspecting
of public infrastructure construction relating to the
development.
The construction inspection service shall include:
1.
Inspection of public improvement systems which
include grading, sanitary sewer, watermain, storm
sewerjponding, and street systems. Grading
inspection is for overview of drainage swales and
not for detail site grading.
Documentation of construction work and all testing
of im~rovements.
As-bu11t location dimensions for sanitary sewer,
watermain, and storm sewer facilities.
Coordination with testing company for soil and
material testing and actual material testing costs
as performed by City consultants or city staff.
2 .
3.
4.
All other construction services are to be provided by
the developer's engineer include the following:
1.
2.
Construction surveying
As-built drawings of development improvements
dimensions to sewer and water services from
staff or city consultant)
Construction quantities
Change Orders
Construction administration of project
Construction payment vouchers
3.
4.
5.
6.
(Tie
city