HomeMy WebLinkAbout04.02.07 Council Packet
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promisingfuture.
AGENDA
PRE-CITY COUNCIL MEETING
April 2, 2007
6:30 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER
2. APPROVE AGENDA
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
5. STAFF COMMENTS
6. ADJOURN
PUBLiC INFORMATION STATEMENT
Council workshops are conducted as an informal work session, all discussions shall be considered fact-finding, hypothetical and unofficial critical thinking exercises,
which do not reflect an official public position.
Council work session outcomes should not be construed by the attending public and/or reporting media as the articulation of a formal City policy position. Only
official Council action normally taken at a regularly scheduled Council meeting should be considered as a formal expression of the City's position on any given matter.
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promisingfuture.
AGENDA
REGULAR CITY COUNCIL MEETING
APRIL 2, 2007
7:00 P.M.
CITY COUNCIL CHAMBERS
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS/COMMENDATIONS
6. CITIZEN COMMENTS / RESPONSES TO COMMENTS (Open for Audience Comments)
7. CONSENT AGENDA
a) Approve Council Minutes (3/19/07 Regular)
b) Adopt Resolution - Approve DCC Equipment Acquisitions - Finance
c) Adopt Resolution - Calling for Public Hearing on Issuance of Bonds and
Capital Improvement Plan - Finance
d) Appointment Recommendation Parks and Recreation Commission -
Administration
e) Accept Resignation Planning Commission - Administration
f) School and Conference - Administration
g) Approve Temporary On-Sale Liquor License - Administration
h) Adopt Resolution - Approve Gambling Event Permit - Administration
i) School and Conference - Police Department
j) School and Conference - Administration
k) Adopt Resolution - Accept Donation Rambling River Center - Parks and
Recreation
1) Approve 2007 Storm Water System Monitoring - Engineering
m) Approve Purchase of Property at 20780 Akin Road - Engineering
n) Adopt Resolution - Approve Charleswood Marketplace Development
Contract - Engineering
0) Approve Bills
8. PUBLIC HEARINGS
Action Taken
Approved
R31-07
R32-07
Approved
Accepted
Approved
Approved
R33-07
Information Received
Information Received
R34-07
Tabled PWW 4/16/07
Approved Ponds
Approved
R35-07
Approved
9. AWARD OF CONTRACT
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Vermillion River Crossing Issues - Administration
b) Elm Street Project Update - Engineering
Approved
Information Received
11. UNFINISHED BUSINESS
a) Boulevard Tree Policy - Engineering
Tabled
12. NEWBUSINESS
a) Approve New Position - Human Resources
Approved
13. COUNCIL ROUNDTABLE
a) April 9 Council Workshop
5:30 Wold Presentation - City Hall
6:30 Council/Planning Commission - Comprehensive Plan
14. ADJOURN
City of Farmington
325 Oak Street
Farmington, MN 55024
Mission Statement
Through teamwork and cooperation,
the City of Farmington provides quality
services that preserve our proud past and
foster a promising future.
AGENDA
REGULAR CITY COUNCIL MEETING
APRIL 2, 2007
7:00 P.M.
CITY COUNCIL CHAMBERS
Action Taken
1. CALL TO ORDER 7:00 P.M.
2. PLEDGE OF ALLEGIANCE
3. ROLL CALL
4. APPROVE AGENDA
5. ANNOUNCEMENTS / COMMENDATIONS
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) Vermillion River Crossing Issues - Administration
b) Elm Street Project Update - Engineering
Page 16
Page 17
11. UNFINISHED BUSINESS
a) Boulevard Tree Policy - Engineering
Page 18
12. NEW BUSINESS
a) Approve New Position - Human Resources
Page 19
13. COUNCIL ROUNDTABLE
a) April 9 Council Workshop
5:30 Wold Presentation - City Hall
6:30 Council/Planning Commission - Comprehensive Plan
14. ADJOURN
7~
COUNCIL MINUTES
PRE-MEETING
MARCH 19, 2007
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 6:30 p.m.
Members Present:
Members Absent:
Also Present:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; Robin Roland, Finance Director; Brian
Lindquist, Police Chief; Randy Distad, Parks and Recreation
Director; Lee Mann, Director of Public W orks/City Engineer; Lisa
Shadick, Administrative Services Director; Brenda Wendlandt,
Human Resources Director; Jen Collova, Natural Resources
Specialist; Cynthia Muller, Executive Assistant
2. APPROVE AGENDA
MOTION by McKnight, second by Wilson to approve the Agenda. APIF, MOTION
CARRIED.
3. CITIZEN COMMENTS
4. COUNCIL REVIEW OF AGENDA
Councilmember McKnight asked about the location of the training for Officers Scovill
and Johnson. Police Chief Lindquist replied it is in Las Vegas.
Councilmember Wilson asked about the budgeted amount in the CIP for the solid waste
truck. It was $221,755. The low bid was $209,166. Councilmember Wilson then asked
about replacing the hunter lift station. City Engineer Mann replied there are some areas
in town where there is no option but to have a lift station. In this case, there is a
provision for the future to eliminate the lift station and replace it with a gravity line. The
cost will corne from the sanitary sewer fund and will not affect future projects.
Councilmember Pritzlaff asked about the bill for Aslakson's Blacktopping for $5400.
City Engineer Mann replied that is the pay request for the change order approved at a
previous Council meeting. The work was performed last year, but staff did not receive
the information needed for the change order until recently.
5. STAFF COMMENTS
Parks and Recreation Director Distad stated the Parks and Rec Commission would like to
hold a workshop with Council on May 14, 2007 to give Council a tour of the parks
system.
Council Minutes (Pre-Meeting)
March 19, 2007
Page 2
Administrative Services Director Shadick noted there is a vacancy on the Parks and
Recreation Commission as Randy Oswald was appointed to the Planning Commission.
Mr. Oswald offered to serve on both commissions. Three applications have been
received for the vacancy. Mayor Soderberg noted there are two issues. One is Mr.
Oswald's request to serve on both commissions. He has talked with Mr. Oswald about
this and Mr. Oswald indicated he would like to serve on the Planning Commission.
Council agreed with someone serving on just one commission. Regarding the three
applications for the Parks and Rec Commission, Council reached a consensus to appoint
Mr. Aaron Fitzloffto serve on the Parks and Rec Commission. As he currently serves on
the Planning Commission, this would create a vacancy on the Planning Commission.
Staff should place the appointment recommendation on the April 2, 2007 agenda and
advertise for the vacancy on the Planning Commission.
6. ADJOURN
MOTION by Pritzlaff, second by Wilson to adjourn at 6:41 p.m. APIF, MOTION
CARRIED.
Respectfully submitted,
~tftd:V }r7uL~
'Cynthia Muller
Executive Assistant
COUNCIL MINUTES
REGULAR
MARCH 19,2007
1. CALL TO ORDER
The meeting was called to order by Mayor Soderberg at 7:00 p.m.
2. PLEDGE OF ALLEGIANCE
Mayor Soderberg led the audience and Council in the Pledge of Allegiance.
3.
ROLL CALL
Members Present:
Members Absent:
Also Present:
Audience:
Soderberg, Fogarty, McKnight, Pritzlaff, Wilson
None
Joel Jamnik, City Attorney; Robin Roland, Finance Director; Brian
Lindquist, Police Chief; Randy Distad, Parks and Recreation
Director; Lee Mann, Director of Public Works/City Engineer; Lisa
Shadick, Administrative Services Director; Brenda Wendlandt,
Human Resources Director; Jen Collova, Natural Resources
Specialist; Cynthia Muller, Executive Assistant
Randy and Lynda Oswald, Doug Bonar, Dick Miller, Art Nasseff,
Ed and Katie Samuelson, Bill Dietrich
4. APPROVE AGENDA
Mayor Soderberg made a correction to the March 5 minutes noting there was $5500
raised at the Charity Ball. The March 5 meeting was reconvened at the Partners in
Progress meeting and the time of adjournment will be added to the minutes.
MOTION by Pritzlaff, second by McKnight to approve the Agenda. APIF, MOTION
CARRIED.
5. ANNOUNCEMENTS
a) Swearing-In Police Officer - Administration
Mr. Dan Miller was sworn in as a new police officer by Administrative Services
Director Shadick.
b) Commendation - Fire Department
Police Chief Lindquist noted during a shooting in February, the police contacted
the Fire Department for their assistance in locating the gun. He thanked the Fire
Department for their assistance.
Fire Chief Pietsch noted Firefighter Todd Kindseth witnessed an accident. He
took control of the scene, called for assistance, and rescued the victim saving his
life. Mr. Kindseth was awarded the Life Saving Medal at the Fire Department's
annual meeting. This was the first time this medal has been awarded.
Council Minutes (Regular)
March 19, 2007
Page 2
6. CITIZEN COMMENTS
Mr. Ed Samuelson, 18414 Eldorado Way, advised the Council on the progress being
made for Rambling River Days activities. Planning is on schedule. The new location by
the ice arena will be very beneficial for the event. It provides adequate parking, a shelter
for the craft events, a grassy area for the carnival and a paved area for the stage. It is
close to Rambling River Park, Feely Fields and the high school to tie all events together.
Councilmember Wilson thanked Mr. Samuelson for his hard work and leadership with
this event. Rambling River Days will be held June 22 - 24,2007. The Miss Farmington
Pageant will be held June 21, 2007. There is also information available on the website.
Ms. Katie Samuelson, 18414 Eldorado Way, informed the Council of the Dodge Ball
Tournament and provided Council with an application form. The tournament will be held
June 23,2007. The Police Department will also have a team competing in the
tournament.
Mr. Randy Oswald, 19282 Evenston Drive, spoke regarding the sport of lacrosse.
Surrounding communities offer spring and summer leagues. Farmington offers an annual
lacrosse camp. He wanted the Parks and Recreation Department to talk with FY AA to
see what can be done to expand the sport in Farmington. Apple Valley is willing to help
Farmington get started with this sport. Councilmember Fogarty would like staff to
investigate this further. Councilmember Wilson noted more field space would be needed
to accommodate this sport.
7. CONSENT AGENDA
MOTION by Fogarty, second by Pritzlaffto approve the Consent Agenda as follows:
a) Approved Council Minutes (3/5/07 Regular)
b) Adopted RESOLUTION R27-07 Accepting Donation - Fire Department
c) Approved School and Conference - Fire Department
d) Approved Amendment to 4 Paws Animal Control Contract - Police Department
e) Received Information Police Training - Police Department
f) Received Information School and Conference - Police Department
g) Received Information School and Conference - Police Department
h) Received Information February Financial Report - Finance
i) Adopted ORDINANCE 007-572 Approving Text Amendment Discharge into
Storm Sewer System - Planning
j) Approved Street Sweeping Contract - Engineering
k) Approved Sentence-to-Serve Contract - Engineering
1) Adopted RESOLUTION R28-07 Approving No Parking Restrictions Elm Street
Project - Engineering
m) Approved Temporary On-Sale Liquor License - Administration
n) Approved Bills
APIF, MOTION CARRIED.
Council Minutes (Regular)
March 19, 2007
Page 3
8. PUBLIC HEARINGS
a) NPDES Phase II Annual Report - Engineering
Natural Resources Specialist Jen Collova presented a summary of the NPDES
Phase II Annual Report and Storm Water Pollution Prevention Program for 2006.
MOTION by Pritzlaff, second by McKnight to close the public hearing. APIF,
MOTION CARRIED.
9. AWARD OF CONTRACT
a) Solid Waste Truck-Solid Waste
Bids were received on the solid waste automated refuse collection truck. The
lowest bid was from MacQueen Equipment in the amount of$209,166. The
budgeted amount was $221,755. MOTION by McKnight, second by Pritzlaffto
adopt RESOLUTION R29-07 awarding the bid to MacQueen Equipment in the
amount of$209,166 for the purchase ofa new solid waste automated refuse
packer and chassis. APIF, MOTION CARRIED.
10. PETITIONS, REQUESTS AND COMMUNICATIONS
a) 2006 Annual Report - Parks and Recreation
Parks and Recreation Director Distad presented the 2006 Annual Report for Parks
and Recreation. The report highlights the various projects completed during
2006. He recognized the volunteers for the various programs, people who serve
on the Rambling River Center Advisory Board and the Parks and Recreation
Commission. He also recognized the Parks and Recreation Department staff for
their dedication and hard work.
b) Extension of Time to File Plat and Water Main Looping Agreement - City
Attorney
In the Development Agreement the City and school had agreed not to loop the
water main serving the new high school. The school district has indicated they
want to reconsider that option in order to provide better service to the school. The
addendum to the Development Agreement states the City would issue alternate
plans and specifications, one for a non-looping service and a second alternate to
provide for looping. The second request from the school district is to extend the
filing for the final plat. The school was required to file the plat within 6 months
of final plat approval. The school district did not get the plat recorded within that
amount of time so they are requesting a 60 day extension. MOTION by
McKnight, second by Fogarty to approve the First Amendment to the
Development Agreement and the Plat approval/filing extension for an additional
60 days. Voting for: Soderberg, Fogarty, McKnight, Wilson. Voting against:
Pritzlaff. MOTION CARRIED.
11. UNFINISHED BUSINESS
Council Minutes (Regular)
March 19, 2007
Page 4
12. NEW BUSINESS
a) Adopt Resolution - Hunter Lift Station Project - Engineering
The feasibility report was requested to determine improvements to address issues
with the Hunter lift station and the sewer service area. This lift station serves
properties west ofTH3, north of Ash Street, east of 6th Street, and south of
Walnut Street. The lift station could be removed and replaced with a gravity
system or replaced with a new lift station. Staff recommends replacing the lift
station and delay the gravity system. Installation of a gravity system would
involve a full reconstruction of ih Street, but the road is still in good condition.
The cost of the gravity system would be double the cost of replacing the lift
station. It would also be difficult to assess properties as it would be difficult to
show benefit. It is recommended the gravity system be installed when ih Street is
reconstructed. The project cost is $503,000 to replace the lift station. The ih
Street reconstruction has not been scheduled. The lift station is located between
6th and ih Streets at the east end of Maple Street in the alley. Staff will be
meeting with affected property owners. The proj ect would take a couple months
and should be completed by December. Funds to pay for the project will corne
from the sanitary sewer fund. MOTION by Pritzlaff, second by McKnight to
adopt RESOLUTION R30-07 accepting the feasibility report and authorizing
preparation of plans and specifications. APIF, MOTION CARRIED.
13. COUNCIL ROUNDTABLE
Mayor Soderberg: The State of the City will be March 29, 2007, 11 :00 a.m., at
the Eagles Club in conjunction with the Rotary and the Northern Dakota County
Chamber. Video streaming of Council meetings could begin in April or May.
14. ADJOURN
MOTION by Fogarty, second by McKnight to adjourn at 8:15 p.m. APIF, MOTION
CARRIED.
Respectfull y submitted,
~~~
Cynthia Muller
Executive Assistant
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
76
TO:
Mayor, Council Members, City Administrator . {
:/
FROM:
Robin Roland, Finance Director
SUBJECT:
Financing DCC Equipment Acquisitions - Administration
DATE:
April 2, 2007
INTRODUCTION
The Dakota Communications Center (DCC) is issuing bonds for the purpose of acquiring capital
equipment. As a member of this joint powers organization, the City of Farmington must pass a
resolution approving the issuance.
DISCUSSION
The memo attached from Kent Therkelsen (DCC Executive Director) outlines the proposed bond
issue and the cost allocations for each agency.
ACTION REQUIRED
Adopt the attached resolution ratifying the proposed issuance and sale of Dakota Communications
Center Public Safety Bonds, providing for the allocation share of the payment thereof.
J1;;W
i Robin Roland
Finance Director
DAKOTA COMMUNICATIONS CENTER
March 15, 2007
Peter Herlofsky
City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
RE: FINANCING - DCC EQUIPMENT ACQUISITIONS
Dear Administrator Herlofsky,
This letter and resolution regarding DCC equipment acquisition financing are being provided for use at your
upcoming City Council meeting.
Backaround
Dakota Communications Center budget provided approximately $6.629 million for the acquisition of equipment and
reimbursements for conversion costs. The capital expenditures are proposed to be financed with the issuance of
debt to be repaid with member assessments over a seven year period consistent with the approved DCC Budget.
The DCC Executive Committee recommended at its November 8 meeting and the Board approved at its
November 15 meeting, retaining Dorsey Law as legal counsel and Springsted Incorporated as fiscal consultants for
the issuance of the debt.
At its December 2006 meeting, the Board concurred with the Executive Board recommendation to proceed with
the issuance of revenue bonds to finance the equipment acquisitions. The equipment acquisition process, award of
contracts and approval of debt issuance is anticipated to be completed by April 2007.
Resolution Ratifvina the Proposed Issuance and Sale of Dakota Communications Center Public Safety
Revenue Bonds
Each member of the Dakota Communication Center is being requested to approve the Resolution relating to the
issuance of the debt. A copy of the Resolution is attached. The Resolution recommends approval of a Resolution
whereby the debt will not exceed $7.6 million; however, based on current market conditions the final bond issue is
anticipated to be $7.435 million. The salient terms and conditions are as follows:
Debt Structure
The Statement of Financing Sources and Uses is as follows:
Sources & Uses
Sources Of Funds
Par Amount of Bonds....... ....... ............. ........... ........... ....... $
Reoffering Premium................... ............. ........... .... ........... $
Total Sou rces................................................................... $
Uses Of Funds
Deposit to Project Construction Fund............................... $
Deposit to Debt Service Reserve Fund (DSRF)................ $
Costs of Issuance....... ........... ............. ....... ................ ......... $
Total Underwriter's Discount (0.725%)........................... $
Rounding Amount.... ......... ............. ......... ............... ........... $
Total U ses......................................................................... $
7,435,000
72.104
7,507,104
6,629,562
743,500
76,750
53,904
3,389
7,507,104
The debt service schedule is subject to change subject to actual bids received at the time of the actual debt
issuance. The following estimates reflect interest rate levels and market conditions at the time of this report.
Net Debt Service Schedule
Date Principal Coupon Interest Total PH DSR Net New DIS
02/01/2008 1,005,000.00 4.000% 223,050.00 1,228,050.00 (20,717.22) 1,207,332.78
02/01/2009 965,000.00 4.000% 257,200.00 1,222,200.00 (27,665.48) 1,194,534.52
02/01/2010 1,005,000.00 4.000% 218,600.00 1,223,600.00 (27,665.48) 1,195,934.52
02101/2011 1,030,000.00 4.000% 178,400.00 1,208,400.00 (27,665.48) 1,180,734.52
02101/2012 1,085,000.00 4.000% 137,200.00 1,222,200.00 (27,665.48) 1,194,534.52
02101/2013 1,145,000.00 4.000% 93,800.00 1,238,800.00 (27,665.48) 1,211,134.52
02/01/2014 1,200,000.00 4.000% 48,000.00 1,248,000.00 (771,165.48) 476,834.52
Total $7,435,000.00 - $1,156,250.00 $8,591,250.00 (930,210.10) $7,661,039.90
Member Debt ObliQation
The bonds will be secured by the obligation of the individual members of DCC to pay their proportionate shares of
capital costs. Pursuant to Article IV of the JPA, withdrawal of a Member shall not discharge any liability incurred or
chargeable to such Member before the effective date of withdrawal. Article XII of JPA also states that a
withdrawing Member shall continue to be responsible for 100% of that Member's pro rata share of any capital
debts, liabilities or obligations of the DCC that were incurred prior to the date of providing notice of intent to
withdraw and are due and payable before the effective date of withdrawal.
The Resolution therefore will commit each respective entity to the repayment of the debt, while any bonds are
outstanding or upon receipt of the withdrawal payment. Each entity's respective percentage of debt is the same as
that which was adopted by the Board for the 2007 budgets.
.Page 2
Based on the preliminary debt service schedule as stated above the member debt responsibilities would be as
follows:
Member % allot 2007 2008 2009 2010 2011 2012 2013
Apple Valley 12.60% $ 152,124 $ 150,511 $ 150,688 $ 148,773 $ 150,511 $ 152,603 $ 60,081
Burnsville 17.09% $ 206,333 $ 204,146 $ 204,385 $ 201,788 $ 204,146 $ 206,983 $ 81,491
Dakota County 6.97% $ 84,151 $ 83,259 $ 83,357 $ 82,297 $ 83,259 $ 84,416 $ 33,235
Eagan 18.00% $ 217,320 $ 215,016 $ 215,268 $ 212,532 $ 215,016 $ 218,004 $ 85,830
Farmington 4.83% $ 58,314 $ 57,696 $ 57,764 $ 57,029 $ 57,696 $ 58,498 $ 23,031
Hastings 4.08% $ 49,259 $ 48,737 $ 48,794 $ 48,174 $ 48,737 $ 49,414 $ 19,455
Inver Grove Heights 6.40% $ 77 ,269 $ 76,450 $ 76,540 $ 75,567 $ 76,450 $ 77,513 $ 30,517
Lakeville 11.48% $ 138,602 $ 137,133 $ 137,293 $ 135,548 $ 137,133 $ 139,038 $ 54,741
Mendota Heights 1.74% $ 21,008 $ 20,785 $ 20,809 $ 20,545 $ 20,785 $ 21,074 $ 8,297
Rosemount 4.90% $ 59,159 $ 58,532 $ 58,601 $ 57,856 $ 58,532 $ 59,346 $ 23,365
South Saint Paul 5.87% $ 70,870 $ 70,119 $ 70,201 $ 69,309 $ 70,119 $ 71,094 $ 27,990
West Saint Paul 6.04% $ 72,923 $ 72,150 $ 72,234 $ 71,316 $ 72,150 $ 73,153 $ 28,801
Total 100% $ 1,207,333 $ 1,194,535 $ 1,195,935 $ 1,180,735 $ 1,194,535 $ 1,211,135 $ 476,835
The estimated debt service schedule closely approximates the 2007 DCC Budget as shown below.
Apple Valley
Bumsville
Dakota County
Eagan
Farmington
Hastings
Inver Grove Heights
Lakeville
Mendota Heights
Rosemount
South Saint Paul
West Saint Paul
Total
Prepayment
Bud2et
$ 152,792
$ 207,239
$ 84,521
$ 218,274
$ 58,570
$ 49,475
$ 77,609
$ 139,210
$ 21,100
$ 59,419
$ 71,182
$ 73,243
$ 1,212,633
Estimate
$ 152,124
$ 206,333
$ 84,151
$ 217,320
$ 58,314
$ 49,259
$ 77,269
$ 138,602
$ 21,008
$ 59,159
$ 70,870
$ 72,923
$ 1,207,333
Variance
$ 668
$ 906
$ 370
$ 954
$ 256
$ 216
$ 340
$ 608
$ 92
$ 260
$ 312
$ 320
$ 5,301
The Resolution provides for a fixed amount each entity will be responsible for paying for the life of the bonds.
However, each entity will have the opportunity to defease its share of the debt, for whatever reason the entity
decides to pay its share of the debt prior to the maturity date. The fiscal advisor would calculate the amount which
would be needed to be prepaid which with the other accrued interest on investments, would be sufficient to pay the
debt as it matures.
Call Provisions
According to the fiscal advisor and underwriters, a call provision would cost approximately 25 basis points or about
$68,000 in interest costs over the life of the debt.
.Page 3
Due to the (a) short duration of the debt, (b) need to provide firm commitments from DCC members relative to the
debt obligation and (c) the DCC members ability to defease their share of the debt if they so desire, it is
recommended that the debt terms and conditions not provide for a call provision.
Recommendation
The Dakota Communication Center Board recommends member agency approval of the "Resolution Ratifying the
Proposed Issuance and Sale of Dakota Communications Center Public Safety Revenue Bonds, Providing for
Allocation Share of the Payment Thereof'
Sincerely,
N~
Kent Therkelsen
Executive Director
cI Dennis Feller, Fiscal Agent
DF/jh
.Page 4
P.O. Box 62, Rosemount, MN 55068. Phone: 651-322-1900. Fax: 651-322-2069
RESOLUTION NO. R31- 07
RESOLUTION RATIFYING THE PROPOSED ISSUANCE
AND SALE OF DAKOTA COMMUNICATIONS CENTER
PUBLIC SAFETY REVENUE BONDS, PROVIDING FOR
ALLOCATED SHARE OF THE PAYMENT THEREOF
WHEREAS, pursuant to Minnesota Statutes, Section 471.59, the Cities of Apple Valley,
Bumsville, Eagan, Farmington, Hastings, Inver Grove Heights, Lakeville, Mendota Heights,
Rosemount, South St. Paul, and West St. Paul, and the County of Dakota, Minnesota
(collectively, the "Members"), have entered into that certain Joint Powers Agreement
Establishing the Dakota Communications Center (the "Agreement"); and
WHEREAS, the Agreement establishes the Dakota Communications Center joint powers
entity ("DCC") for the purpose of, among others, acquiring and providing the facilities,
infrastructure, hardware, software, services and other items necessary and appropriate for the
establishment, operation and maintenance of a joint law enforcement, fire, EMS, and other
emergency communications system for the mutual benefits of the Members and the people of
Dakota County; and
WHEREAS, the Agreement authorizes DCC to incur debt obligations for capital projects
that do not exceed 10 years as necessary to accomplish DCC purposes; and
WHEREAS, the Agreement provides that the costs of capital projects of DCC in the
approved capital budget will be shared by the Members pursuant to a "Cost Allocation Model"
as defined in the Agreement; and
WHEREAS, the Board of Directors of DCC has proposed the financing of capital
equipment for authorized DCC purposes (the "Project") through the issuance of public safety
revenue bonds ofDCC (the "Bonds"), which Bonds will be secured by the obligation of the
Members to pay their proportionate shares of capital costs pursuant to the Cost Allocation
Model, and has included debt service for the Bonds in DCC's capital budget;
NOW, THEREFORE, BE IT RESOLVED by the governing body of the City of
Farmington, Minnesota (the City), as follows:
SECTION I. RATIFICATION OF BOND ISSUANCE. The City hereby ratifies and
approves the issuance and sale of the Bonds in a total principal amount not to exceed $7,600,000
on the further terms and conditions as provided by DCC.
SECTION 2. AUTHORIZATION OF PAYMENT OF ALLOCATED SHARE OF
DEBT SERVICE. The City hereby authorizes payment of the City's allocated share of principal
of and interest on the Bonds, calculated pursuant to the Cost Allocation Model attached hereto as
Exhibit A .
SECTION 3. TAX LEVY. For payment of the Bonds and the interest thereon when due,
there is hereby levied on all taxable property in the City a direct general ad valorem tax in an
amount required to pay when due the City's allocated share of principal of and interest on the
Bonds as provided in Section 2 hereof. Upon the sale of the Bonds, the City Clerk is hereby
authorized and directed to calculate the such levy and file a certified copy of this resolution along
with the levy in the records of Dakota County to receive certification that the tax required by law
has been levied. The proceeds of the tax, when received, shall be deposited with a fiscal agent or
trustee, as designated by DCe. The tax levied hereunder may be abated with another source of
revenue of the City as provided by Minnesota law.
SECTION 4. PREP A YMENT. Regardless of the redemption and prepayment terms of
the Bonds, the City reserves the right to prepay, in whole or in part on any date, its allocated
share of principal of and interest on the Bonds in an amount sufficient to defease all or a portion
of its allocated share of the Bonds.
SECTION 5. CONSENT/COOPERATION. The City hereby consents to the distribution
by DCC of an official statement describing the Bonds, the Project and the Members (including
the City), and agrees to take such further actions, and authorizes its appropriate officers to
execute such documents, as shall be necessary to provide for the issuance of the Bonds by DCC
in accordance with the terms of this Agreement and this Resolution.
Adopted: April~, 2007.
Title: Mayor
Title: City Administrator
EXHIBIT A
Cost Allocation Model
Percentage
of
Community Allocation
Apple Valley 12.60%
Burnsville 17.09%
Dakota County 6.97%
Eagan 18.00%
Farmington 4.83%
Hastings 4.08%
Inver Grove Heights 6.40%
Lakeville 11.48%
Mendota Heights 1.74%
Rosemount 4.90%
South Saint Paul 5.87%
West Saint Paul 6.04%
Share Total (in percentage) 100%
CERTIFICATE OF DAKOTA COUNTY
TREASURER-AUDITOR
AS TO TAX LEVY
The undersigned, being the duly qualified and acting
hereby certifies that there has been filed in my office a certified copy of a resolution duly
adopted on
,2007, by the governing body of the City of
Farmington, Minnesota, relating to the issuance by Dakota Communications Center, a
Minnesota joint powers entity, of its Public Safety Revenue Bonds, Series 2007, and
levying taxes for a portion of the payment thereof.
I further certify that the tax required for payment of said Bonds has been filed.
WITNESS my hand and official seal on
,2007.
Title:
(SEAL)
/c
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Council Members, City Administrator
~;'
FROM:
Robin Roland, Finance Director
./
SUBJECT:
Adopt Resolution calling for Public Hearing on issuance of bonds
and Capital Improvement Plan
DATE:
April 2, 2007
INTRODUCTION
In order to issue debt to finance the construction of the new City Hall a public hearing must be held
by the City Council.
DISCUSSION
In the 2003 legislative session a change was made to allow bonding authority by Cities to plan for
and finance the "acquisition and betterment of public lands, buildings, and other improvements for
the purpose of a city hall, public safety facility, and public works facility." This authority mirrors the
authority the Counties have had in the past.
The law requires that a Capital Improvement Plan be prepared which must cover at least the five-year
period beginning with the date of the Plan's adoption. The Plan must set forth:
(I) the estimated schedule, timing and details of specific capital improvements;
(2) estimated cost of the capital improvements identified;
(3) the need for the improvements; and
(4) the sources of revenues needed to pay for the improvements.
Although the Capital Improvement statute authorizes the City to issue general obligation bonds to
fund any of the improvements identified in the Plan (subject to reverse referendum), it is important to
note that it is not a requirement of the Plan that every item be funded by Capital Improvement Bonds
or eventually be funded at all. The planning of the improvements is most important to the spirit of
this authorization.
The City must publish notice of intent to issue the Bonds and the date and time of a hearing for public
comment. The issuance of the Bonds is subject to reverse referendum; i.e., if a petition requesting a
vote on the issuance is signed by voters equal to 5% of the votes cast in the City in the last general
election and filed with the County Auditor within 30 days after the public hearing, a vote must be
held. If no petition is filed, the City may proceed with the issuance of bonds. The bond sale is
proposed for May 21 st.
ACTION REQUIRED
Adopt the attached resolution calling for a public hearing on the issuance of Capital Improvement
Bonds for the City Hall project.
Respectfully submitted,
tk-d/J
. Robin Roland
Finance Director
EXTRACT OF MINUTES OF A MEETING OF THE
CITY COUNCIL OF THE CITY OF FARMINGTON, MINNESOTA
HELD: APRIL 2, 2007
Pursuant to due call and notice thereof, a regular or special meeting of the City Council of
City of Farmington, Minnesota, was duly called and held at the City Hall in the City of Farmington,
Minnesota on Monday the 2nd day of April, 2007 at 7:00 PM for the purpose, in part, of calling a
public hearing on the intention to issue general obligation capital improvement plan bonds and the
proposal to adopt a capital improvement plan.
The following members were present:
And the following were absent:
Member
adoption:
introduced the following resolution and moved its
RESOLUTION CALLING PUBLIC HEARING ON
THE INTENTION TO ISSUE GENERAL OBLIGA nON CAPITAL
IMPROVEMENT PLAN BONDS AND THE PROPOSAL TO
ADOPT A CAP IT AL IMPROVEMENT PLAN THEREFOR
A. WHEREAS, pursuant to Minnesota Statutes, Section 475.521 the City of Farmington,
Minnesota (the "City") may issue bonds to finance capital expenditures under its capital improvement
plan (the "Plan") without an election provided that, among other things, prior to issuing the bonds the
City adopts the Plan after a public hearing thereon and publishes a notice of its intention to issue the
bonds and the date and time of a hearing to obtain public comment on the matter; and
B. WHEREAS, the City Council will hold a public hearing on its intention to issue
general obligation capital improvement plan bonds (the "Bonds") and to adopt the Plan pursuant
thereto on Apri116, 2007; and
NOW, THEREFOR, BE IT RESOLVED by the City Council ofthe City of Farmington,
Minnesota, that the City Council hereby calls for a public hearing on its intent to issue the Bonds and
to adopt the Plan, such hearing to be held on the date and time set forth in Exhibit A attached hereto.
The City Council is hereby directed to cause the notice to be published at least 14 but not more than
28 days before the hearing in the official newspaper of the City or a newspaper of general circulation
in the City.
The motion for the adoption of the foregoing resolution was duly seconded by member
and, after full discussion thereof and upon a vote being taken thereon, the
following voted in favor thereof:
and the following voted the same:
Whereupon said resolution was declared duly passed and adopted.
STATE OF MINNESOTA
COUNTY OF
CITY OF
I, the undersigned, being duly qualified and acting Clerk of the City of Farmington,
Minnesota, DO HEREBY CERTIFY that I have compared the attached and foregoing extract of
minutes with the original thereof on file in my office, and that the same is a full, true and complete
transcript of the minutes of a meeting of the City Council of said City, duly called and held on the
date therein indicated, insofar as such minutes relate to the City Council calling a public hearing on
the intension to issue general obligation capital improvement plan bonds and proposal to adopt a
capital improvement plan therefor.
WITNESS my hand on this
day of
,20_.
City Clerk
Farmington, MN
$9,520,000 G.O. eIP Bonds, 2006A
20 Year Term
Sources & Uses
Dated 05/01/2007 I Delivered 05/01/2007
Sources Of Funds
Par Amount of Bonds
$9,520,000.00
Total Sources
.____~9,520,000.0ll.
Uses Of Funds
Total Underwrite(s}?iscount (0.150%)
Costs oflssuance
-.--..-----------.--- -
Deposit to Capitalized Interest (CIF) Fund
Deposit to Project <::onstruction Fund
Rounding Amount
14,280,00
302,681.25
9,143,000.00
4,038.75
Total Uses
$9,520,000.00
Farmington, MN
$9,520,000 G.O. eIP Bonds, 2006A
20 Year Term
Debt Service Schedule Part 1 of 2
Date Principal Coupon Interest Total P+I
08/01/2007
02/01/2008 302,681.25 302,681.25
08/01/2008 201,787.50 201,787.50
02/01/2009 315,000.00 4.100% 201,787.50 516,787.50
08/01/2009 ..19~,~.Q.00
02/01/2010 330,000.00 4.100% 195,330.00 525,330.00
08/01/2010 188,565.00 188,565.00
02/01/2011 340,000.00 4.100% 188,565.00 528,565.00
08/01/2011 181,595.00 181,595.00
02/01/2012 3~,OOO.90_ 4.100% 181,595.00 536,595.00
08/01/2012 174,317.50 174,317.50
02/01/2013 370,000.00 4.100% 174,317.50 544,317.50
08/01/2013 166,732.50 166,732.50
02/01/2014 385,000.00 4.100% 166,732.50 551,732.50
08/01/2014 -- ---.------- u 128,840.00
02/01/2015 400,000.00 4.150% 158,840.00 558,840.00
08/01/2015 150,540.00 150,540.00
02/01/2016 415,000.00 4.150% 150,540.00 565,540.00
08/01/2016 141,928.75 141,928.75
02/01/2017 435,000.00 4.150% 141,928.75 ~7~,9.28.75
08/01/2017 132,902.50 132,902.50
02/01/2018 450,000.00 4.200% 132,902.50 582,902.50
08/01/2018 123,452.50 123,452.50
02/01/2019 470,000.00 4.200% 123,452.50 593,452.50
08/01/2019 . . ________1]}-'~~~,50 113,5~2.50
_._n...._______________
02/01/2020 490,000.00 4.250% 113,582.50 603,582.50
08/01/2020 103,170.00 103,170.00
02/01/2021 510,000.00 4.250% 103,170.00 613,170.00
08/01/2021 92,332.50 92,332.50
02/01/2022 535,000.00 4.250% 92,332.50 627,332.50
08/01/2022 80,963.75 80,963.75
02/01/2023 555,000.00 4.300% 80,963.75 635,963.75
08/01/2023 69,031.25 69,031.25
02/01/2024 580,000.00 4.300% 69,031.25 649,031.25
08/01/2024
02/01/2025 605,000.00 4.350% 56,561.25 661,561.25
08/01/2025 43,402.50 43,402.50
02/01/2026 630,000.00 4.350% 43,402.50 673,402.50
08/01/2026 29,700.00 29,700.00
02/01/2027 660,000.00 4.400% 29,700.00 689,700.00
------ - -----------
08/01/2027 15,180.00 15,180.00
02/01/2028 690,000.00 4.400% 15,180.00 705,180.00
Total $9,520,000.00 $5,142,511.25 $14,662,511.25
$9,520,000 G.O. eIP Bonds, 2006A
20 Year Term
Debt Service Schedule
Part 2 of 2
Yield Statistics
Bond Year Dollars
----
Average Life
Avera~~CollP~
19,990.00
12.604 Years
4.2857832%
Net}l1t~r~st Cost (N1<::L__
True Interest Cost (TIC)
Bond Yield fo! Arbitrage Pu~~
All Inclusive Cost (Ale)
4.2976842%
- -----
4.2916811 %
4.2754977%
4.3554828%
IRS Form 8038
Net Interest Cost
------ ...---------
Weighted Average Maturity
4.2857832%
12.604 Years
Farmington, MN
$9,520,000 G.O. eIP Bonds, 2006A
20 Year Term
Net Debt Service Schedule
Date Principal Coupon Interest Total P+I CIF Net New DIS
02/01/2008 302,681.25 302,681.25 (302,681.25)
02/01/2009 315,000.00 4.100% 403,575.00 718,575.00 718,575.00
02/01/2010 330,000.00 4.100% 390,660.00 720,660.00 720,660.00
02/01/2011 340,000.00 4.100% 377,130.00 717,130.00 717,130.00
02/01/2012 355,000.00 4.100% }~~190.00 _ 718,190:0~____ 718,190.00
----.. --- --- --- - - ---
02/01/2013 370,000.00 4.100% 348,635.00 718,635.00 718,635.00
02/01/2014 385,000.00 4.100% 333,465.00 718,465.00 718,465.00
02/01/2015 400,000.00 4.150% 317,680.00 717,680.00 717,680.00
02/01/2016 415,000.00 4.150% 301,080.00 716,080.00 716,080.00
02/01/2017 435,000.00 4.150% 283,857.50 718,857.50 718,857.50
02/01/2018 450,000.00 4.200% 265,805.00 715,805.00 715,805.00
02/01/2019 470,000.00 4.200% 246,905.00 716,905.00 716,905.00
02/01/2020 490,000.00 4.250% 227,165.00 717,165.00 717,165.00
02/01/2021 510,000.00 4.250% 206,340.00 716,340.00 716,340.00
02/01/2022 _535,000.00 4.250% 184,~65.00 ____ 719,665.00 719,6~5.0()
-..-- --- ----- -.----..-----
02/01/2023 555,000.00 4.300% 161,927.50 716,927.50 716,927.50
02/01/2024 580,000.00 4.300% 138,062.50 718,062.50 718,062.50
02/01/2025 605,000.00 4.350% 113,122.50 718,122.50 718,122.50
02/01/2026 630,000.00 4.350% 86,805.00 716,805.00 716,805.00
02/01/2027 660,000.00 4.400% 59,400.00 719,400.00 719,400.00
..
02/01/2028 690,000.00 4.400% 30,360.00 720,360.00 720,360.00
Total $9,520,000.00 $5,142,511.25 $14,662,511.25 (302,681.25) $14,359,830.00
71
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
--\
Mayor, Councilmembers, City Administrator '<::'\
,j;
Lisa Shadick, Administrative Services Director J
FROM:
SUBJECT:
Approve Appointment - Park and Recreation Advisory Commission
DATE:
April 2, 2007
INTRODUCTION/DISCUSSION
A vacancy exists on the Park and Recreation Advisory Commission. The term for this appointment is
from February 1, 2006 through January 31,2009.
Mr. Aaron Fitzloffhas submitted his application to serve on this board.
ACTION REQUIRED
Approve the appointment of Mr. Aaron Fitzloff to the Park and Recreation Advisory Commission to
complete the term from 2/1/06 through 1/31/09.
Respectfully submitted,
'/. >'7 II y'-?
~(j . --zJ7/\pd:C;k
Lisa Shadick
Administrative Services Director
7e..
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
.'\
Mayor, Councilmembers and City Administrator \
Jj
Lisa Shadick, Administrative Services Director
FROM:
SUBJECT:
Accept Resignation Planning Commission
DATE:
April 2, 2007
ACTION REQUIRED
Accept the resignation of Aaron Fitzloff from the Planning Commission.
DISCUSSION
Aaron Fitzloff has submitted his resignation for his position on the Planning Commission. Mr.
Fitzloff will continue to serve on the commission until his replacement is appointed. His term on the
Planning Commission is through January 31,2008. A copy of Mr. Fitzloffs resignation is attached.
Respectfully submitted,
P;~tl-xfAa~
Lisa Shadick
Administrative Services Director
Page 1 of 1
Lisa Shadick
From:
Sent:
To:
Aaron Fitzloff [fitzloffa@ci.burnsville.mn.us]
Wednesday, March 21, 2007 10:01 AM
Lisa Shadick
Subject: resignation
To whom it may Concern,
I will be resigning from my duties as a Planning Commissioner to take a position on the Park and Rec.
Commission. I am willing to stay on the Planning Commission until my position is filled.
Sincerely
Aaron Fitzloff
3/2112007
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
7F
TO: Mayor, Councilmembers and City Administrator J
,j
FROM: Lisa Shadick, Administrative Services Director
SUBJECT: School and Conference - Administration
DATE: April 2, 2007
INTRODUCTIONIDISCUSSION
The Minnesota Association of Government Communicators (MAGC) is offering a series of three
workshops on Effective Marketing Communications: Rebranding Government. This series of
workshops will be beneficial in the City's efforts to improve communications.
Danielle Cahlander and Lena Larson will be attending the workshops.
BUDGET IMPACT
The cost for the workshops is $195 per person. It is included in the 2007 Budget and will be split
between the general fund and enterprise funds.
ACTION REQUESTED
Approve attendance for Danielle Cahlander and Lena Larson for the Effective Marketing
Communications workshops on May 2, July 25 and September 26,2007 at the Edina Country Club.
Respectfully submitted,
~(tl J~~_
Lisa Shadick
Administrative Services Director
You can't fight city hall. Big government. Stuffed shirts. You can't trust the
government. Taxes. Government intelligence is an oxymoron. It's all politics.
What Is Your Image?
The Minnesota Association of
Government Communicators proudly presents:
Effective Marketing
Communications:
Rebranding Government
With Barry Callen of The Hiebing Group
"Yes, And What is Your Most Powerful Story?"
Learn message strategy and the fundamental skills of group creativity.
8 a.m. to noon Wednesday, May 2 or
1 to 5 p.m. Wednesday, May 2
"Creating Creative Ideas in an Uncreative World"
Learn how to protect your creativity, put together a creative campaign idea and evaluate rough ideas. When you leave this
workshop, you will be better at creating, recognizing and improving ideas.
8 a.m. to noon Wednesday, July 25 or
1 to 5 p.m. Wednesday, July 25
"Overcoming Limitations of Money, Power and People"
Learn creative presentation strategies, find out how to develop powerful names and taglines, find inexpensive ways to reach your
target audience and learn how to improve your personal power styles.
8 a.m. to noon Wednesday, Sept. 26 or
1 to 5 p.m. Wednesday, Sept. 26
Attend One Workshop or All Three! Cost:
Members - $75 per session or $195 when you register up front for all three
Non-members - $95 per session or $255 when you register up front for all three
Price includes materials and a networking lunch that will be held noon to 1 p.m. each day for participants.
Location:
Edina Country Club; 51 Wooddale Ave.; Edina
ry Callen is creative strategist of The Hiebing Group in Madison, Wis. Barry's job is to make sure creative work connects emotionally and is impossible to
"nore. He's created national advertising campaigns for brands like Huffy Bikes, First Alert, Hanes, Zatarain's, Fruit Stripe Gum, Shell and the U.S. Council
for Energy Awareness. Barry has been writing and producing advertising since 1976 and has worked at Ogilvy & Mather, Lintas and Lois USA. He invented
The Hiebing Group's message strategy process as well as its naming process and has been a guest lecturer at Wake Forest
University, University of North Carolina and University of Wisconsin.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
~
TO: Mayor, Councilmembers and City Administratori/'i
'!)
FROM: Cynthia Muller
Executive Assistant
SUBJECT: Temporary On-Sale Liquor License - S1. Michael's Catholic Church
DATE: April 2, 2007
INTRODUCTION
S1. Michael's Catholic Church is requesting a Temporary On-Sale Liquor License for their spring
fundraiser dinner.
DISCUSSION
S1. Michael's Catholic Church is requesting a Temporary On-Sale Liquor License for their spring
fundraiser dinner to be held on May 2,2007, at 22120 Denmark Avenue. Per State Statute, a
Temporary On-Sale Liquor License must first be approved by the City and then forwarded to the
State for approval.
BUDGET IMPACT
The State of Minnesota waives all fees for Temporary Liquor Licenses for non-profit organizations.
Therefore, the City has not established a fee for a Temporary On-Sale Liquor License.
ACTION REQUESTED
Approve the attached application for a Temporary Liquor License for St. Michael's Catholic Church
for their spring fundraiser dinner on May 2, 2007.
Respectfully submitted,
.~~~L~ /Yl~
v
Cynthia Muller
Executive Assistant
Minnesota Department of Public Safety
Alcohol and Gambling Enforcement Division
444 Cedar St-Suite 133
St. Paul, MN 55101-5133
l
(651)296-6439 TDD (651)282-6555
APPLICATION AND PERMIT
FOR A TEMPORARY ON-SALE LIQUOR LICENSE
CLfJ tcb () t~
I'
II
ADDRESS
"
,I
Location where license will be used. If an outdoor area, describe
6j?n'J
,:}.;:;z../ ;z. 0
rIA-nIL- v lll~.1-V D i '~-v'\.LV -
D t h n'\AY {~ II V'L-
Y1~ :J.. ),007
Will the applicant contract for intoxicating liquor services? If so, give the name and address of the liquor licensee providing the service.
No
Will the applicant carry liquor liability ins rance? If so, the carrier's n
(NOTE: Insurance is not mandatory.) O-Uo, 'c ,'h
e and amount of coverage,
(15 U.Y(LYJ CL 0 .
f500 000
APPROVAL
APPLICATION MUST BE APPROVED BY CITY OR COUNTY BEFORE SUBMITTING TO ALCOHOL & GAMBLING ENFORCEMENT
CITY/COUNTY DATE APPROVED
CITY FEE AMOUNT LICENSE DATES
DATE FEE PAID
SIGNATURE CITY CLERK OR COUNTY OFFICIAL
APPROVED Alcohol & Gambling Enforcement Director
Note: Do not separate these two parts, send both parts to the address above and the original signed by this division
will be returned as the license. Submit to the city or County at least 30 days before the event.
PS-09079 (6/98)
?4
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor, Councilmembers and City Administrator (,
Cynthia Muller ::J
Executive Assistant
FROM:
SUBJECT:
Gambling Event Permit - St. Michael's Catholic Church
DATE:
April 2, 2007
INTRODUCTION
St. Michael's Catholic Church is requesting a Gambling Event Permit to conduct a raffle at their
spring and fall festivals.
DISCUSSION
Per State Statute 349.166 and pertinent City Code, a Gambling Permit must be issued by the City for
this type of event. An application has been received, along with the appropriate fees. The City
Attorney has reviewed the application and the attached resolution approving the request.
BUDGET IMPACT
Gambling fees are included in the revenue portion of the 2007 budget.
ACTION REQUESTED
Consider the attached Resolution granting a Gambling Event Permit to St. Michael's Catholic Church
at 22120 Denmark Avenue, on May 2 and September 14-16, 2007.
Respectfully submitted,
,J7Z"""~ /??~
Cynthia Muller
Executive Assistant
RESOLUTION NO. R -07
APPROVING A MINNESOT A LAWFUL
GAMBLING EVENT PERMIT APPLICATION FOR
ST. MICHAEL'S CATHOLIC CHURCH
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of April
2007 at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, pursuant to M.S. 349.166, the State of Minnesota Gambling Board may not issue
or renew a Gambling Event Permit unless the City Council adopts a Resolution approving said
permit; and,
WHEREAS, St. Michael's Catholic Church has submitted an application for a Gambling Event
Permit to be conducted at 22120 Denmark Avenue for Council consideration.
NOW, THEREFORE, BE IT RESOLVED by the Farmington City Council that the Gambling
Event Permit for St. Michael's Catholic Church to be conducted at 22120 Denmark Avenue, is
hereby approved.
This resolution adopted by recorded vote of the Farmington City Council in open session on the
2nd day of April 2007.
Mayor
day of April 2007.
Attested to the
City Administrator
SEAL
~'
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor and Councilmembers
City Administratorj
Brian A. Lindquist,
Police Chief
FROM:
SUBJECT:
School and Conference
Investigations
DATE:
April 2, 2007
INTRODUCTION / DISCUSSION
Officer Andrew Bellows has submitted a request to attend the National Drug Enforcement
Associations Annual Training in Savannah, Georgia. Officer Bellows is currently assigned to the
Dakota County Drug Task Force and special training is required for this position. A copy of the
course schedule is attached.
BUDGET IMPACT
The costs for the school are as follows. Registration fee: $300.00, Flight: $325.00, Lodging: $250.00,
Meals: $160.00. Total for the school $1035.00. These costs are covered by the 2007 Investigations
training budget.
ACTION REQUESTED
Information only.
x: Res fully sUbm~itted' . _. .;',
. ' /'/ ' //0/.
. /- A/ ~ v/y
Brian A. Lindquist ? "
Chief of Police
Monday, August 61h
Genenll Session
9:30 - 10:30 pm
Mexican Tra nickers
10:30 - 12:00 pm
Spiritual World
12:00 ~ I :00 pm
I ,lInc h
1:00 - 2 :30 pm
Internet Pharmacics
2:30 - 5 :00 pm
Ilispanic Youth Gangs
Tuesday, August ih
GnHlpA
9:00 - 12:00 pm
hnanciallnvestigations
12:00 - I :00 pm
Lunch
1:00 - 3:00 pm
('ourt roo m Presenla t io ns
3:00 - 5 :00 pm
Electro nic Inlb rma t ion
Warrants
G.'OUP B
9:00 - 11 :00 am
4th Amendment Issues
II :00 ~ 12:00 pm
Raves & Club Drugs
Arthur A. Doty, Director
EPIC
Robert Almonte, ChiefEl
Paso Police Dep\. (Retired)
GS Judy Williams, /)I~A
Kansas City
DEA TBA
Ally Susan Smith, DOJ
AFMloS
SA Steven Peterson,
I)FA Atlanta Field Division
T ra ining Coord inator
Paul SeehaIer, D1iA
o nice 0 r I nvestigat ive
Tec hno 10 gy
AUSA Patricia Johnson,
Southern District ofGA,
Augusta
SA Paul Stevens, Minnesota
Bureau of Criminal
Apprehension
12:00 -- I :00 pm
1:00 - 3:00 pm
3:00 ~ 5:00 pm
9:00 - 12:00 pm
12:00 - I :00 pm
1:00 - 5:00 pm
9:00 - 12:00 pm
12:00 - I :00 pm
1:00 - 5 :00 pm
9:00 - II :OOam
II :00 12 :00 pm
Lunch
AI" ( 'ase Stud ies
Asset Forfeiture
Procedures
SA Steven Migioia, DI;A
('harlcston, SC
SA TelTY Franckhallser
Dep. Steven Gladden US
Marshal's Service Charlotte,
North Carolina
Wednesday, August Slh
General Session
Read ing Body I,anguage
1,!lIlCh
Reading Body Language
COllt ill!led
Th ursday, A ugust 9th
G.'OUP A
Clan Lab ReCel1ification
L 1I nc h
Clan Lab Re( 'ertification
Group B
SA Thomas 0 lien, I )I~A New
York
SA Thomas 0 lien
DEA C Ian Lab
DEA Clan Lab
Hidden Compartments in .lames Eagleson, President
Commercial Motor Vehicles 4:20 Advanced Criminal
Interdiction, LLC
Tra nick ing Tre nds
DEA TBA
12:00 - I :00 pm
1:00 - J :00 pm
3:00 ~ 5 :00 pm
9:00 - 10:30 am
10:30 am- 12 :00 pm
12:00 - I :00 pm
1:00 - 5 :00 pm
9:00 - II :30 3m
1130- 12 :00 pm
I,unch
('onlrollcd Ikltveries
('~ln I,ah Trends
G.'OUP C
'I 'e Icco mmun ica I io ns
I~xp k) ita t ion
S lored Va fue
Luneh
Negotiation Skills
Friday, August 10lh
General Session
Drug Identification &
Testing
Closing Remarks &
( 'e11 ificales
DI:A TBA
DFA ('kin Lah
DEA TBA
SA Bud I Icng, DI~A, F inCen
Dr. I larvey (ioldstein
Jack Thorndyke, Sirchie Labs
NDEOA Executive Board
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.cLfarmington.mn.us
),
(J
TO: Mayor and City Council
FROM: Peter J. Herlofsky, Jr.
City Administrator
SUBJECT: School and Conference
DATE: April 2, 2007
INTRODUCTION
The City Administrator is planning to attend the City and County Managers Spring Conference 2007.
DISCUSSION
The focus of the conference is "Strengthening the Profession." Attached is information on the
various topics to be presented. The conference will be held May 9-11,2007 at Cragun's Conference
Center in East Gull Lake, MN.
BUDGET IMPACT
Cost of the conference including registration, mileage, lodging and meals is $770 and is included in
the 2007 budget.
ACTION REQUESTED
For information only.
Re~pectfully submitttttl,
{/ .~. I
. ,r\ . / 7
,.l"'f(.,,! '---.----10 (. //
'-....-' 10 '- i 0'1V '; ( ,
Peter J. Her}6fsky, Jr. )
City AdmiKistrator
City of Farmington
3/28/2007
City & County Managers Spring Conference 2007
Cragun's Conference Center
East Gull Lake. MN
May 9 - 11
Estimated Expenses
Mileage Approximately 150 miles (one Way)
Round trip Rate
300 miles $ 0.485 $ 145.50
Conference Registration
$ 225.00
Lodging & Meals
Estimated based on availability
$ 400.00
$ 770.50
Submitted by: Peter Herlofsky
City Administrator
H:\Expenses\Spring Conference Est 2007 pjh
STRENGTHENING THE POSITION OF
LOCAL GOVERNMENT MANAGER
On behalf ~f the entire Planning Committee, we are excited to invite you to this years
annual MCMA Conference. As a quick perusal ~f the conference brochure will show, we have a
truly outstanding lineup ~f presenters to make this conference one of the best M CMA has rjJered.
1he coriferenceftcus this year is "Strengthening the Prqfession." Consistent with that
theme, we have Kerri Miller, with a long media pedigree, to help us understand how better to create
a positive public image of our organization and our profession. lIVe ha've Sy Murray, whose career
straddles both the academic background as well as experience as a practicing pr~fessional, to help us
understand the latest best practices in thefield. Former Governor IlVendell Anderson, architect ~f
the ''Minnesota Miracle" in which the state took on a signtficant role in assisting local go'vernment
.financing, will talk about the value qf public service. In addition, Sean Kershaw, a well-recognized
name in public policy circles, will kick off Fridays session on how we can better leDerage our influence
to achieve better outcomes'.ftllowed by a panel of recent Barrett Award winners who will share their
own experiences in the same vein. On top ~f all that, we will have an update on our strategic plan
and NextGen initiatives/rom the MCMA Board, a perftrmance management overview, and lots
of the social networking opportunities that give you a chance to share ideas with your peers/rom
around the state.
lIVe want to thank members ~f the Co'!ference Planning Committeefor all their hard work
and dedication in helping put together such a content-rich co,!ference. Please join us for a/antastic
event, which promises to enrich your knowledge and charge your batteries. 7his is the co'!ference that
you'll be talking about for quite some time. lIVe hope to see you there!
Sincerely,
Matt Podhradsky, Assistant City Administrator, Chaska
Tim Houle, County Administrator, Morrison County
Co-Chairs
r:
Conference Sponsors
Minnesota City/County Management Association
in cooperation with
Minnesota Association of County Administrators
@MCMA
CONFERENCE SCHEDULE
Wednesday, May 9,2007
3:00 - 6:00 PM Conference Registration
5:00 - 6:00 Get-Acquainted Reception
5:00 - 6:00 Special Welcome Session for First Time Attendees
6:00 - 7:00 Dinner
7:00- 9:00 Changing the Public's Perception of the Local Government Manager
Kerri Miller. Host. Mid Morning, Minnesota Public Radio: Former political reporter,
KARE-II and KSTP TV
Thursday, May 10, 2007
8:30 - 10:00 AM Working Together to Strengthen Our Profession
Reports/Action Plans from MCMA Board and Committee Chairs
Opportunities for Involvement; Discussion and Feedback
10:00 - 10:20 Break
10:20 - Noon Advancing the Practice of Professional Administration in Cities & Counties
Sylvester Murray, Professor of Urban Studies and Public Administration, Cleveland
State University: former City Manager (San Diego, Cincinnati, Ann Arbor)
12:00 -I : 15 PM Lunch & Special Program
Performance Measurement Consortium: Update and Next Steps
Don Gloo, Sr. Research Associate, International City/County Management Association
Special Program Option - Six Trends Transforming Government:
Where Will City & County Managers Fit in?
Sylvester Murray
Recreation/Social Opportunities
Reception/Networking
Award Dinner
Why Bother? The Value of Public Service
Wendell Anderson, former Minnesota Governor
Presentation of the Robert Barrett Manager of the Year Award
Joint Business Meeting - MCMA & MACA
1:20 - 3:20
3:00 - 5:30
5:00 - 6:00
6:00 - 8:00
8:00 - 8:45
Friday, May I I, 2007
9:00 - 10: 15 AM Using Your Influence to Make A Difference
Sean Kershaw, Executive Director, Citizens League
10:30 - 10:45 Break
10:45 - 12:00 Using Your Influence to Make A Difference:
Minnesota "Managers of the Year" Share Their Experiences
Tom Hedges, Eagan - Craig Waldron. Oakdale - Dave Unmacht, Scott County
12:00 noon Lunch & Adjourn
GENERAL SESSION HIGHLIGHTS
Each of our distinguished presenters has been asked to provide insights from his or her particular
vantage point on how to strengthen the position and profession of local government manager.
Here's just a sampling of topics to be covered:
Changing the Public's Perception of the Local Government Manager
* How to get our messages out
* The current view of the profession; what drives it in the minds of the general public and those at
the Capitol
* Steps we can take to improve the image of the profession with the media, the Legislature and the
general public
* How current views of the President or other distant political leaders affect how citizens view
City Hall or the County Courthouse
* Responsibility of the media in creating these impressions; how MCMA can best work with the
media to build a positive one
Advancing the Practice of Professional Administration in Cities and Counties
* What empirical data and practical experience suggest is the value of having a professional public
manager
* Changes over time in the perception and expectations of public managers
* What can be done to attract the next generation to the profession; triggers and motivations
Using Your Influence to Make A Difference
* The experience of a professional in the public policy spotlight
* Soft skills that can make a strong impact on your city or county organization
* The current milieu ("snapshots" from recent Citizen League programs); implications for
leveraging influence in your community
* Some tips for making a state association as vital as possible
Using Your Influence to Make A Difference:
Minnesota "Managers of the Year" Share Their Experiences
* The goals, challenges, results of three different types of projects
* How each aligned interests, created shared vision, built consensus
* Skills used, risks taken, challenges encountered
* Value a city/county manager can bring to the process
SPECIAL FEATURES
"Working Together to Strengthen Our Profession"
Thursday Morning Session 8:30 - 10:00 AM
MCMA has a new Strategic Plan, and is launching a number of exciting initiatives. Board members and
Committee Chairs will share reports and action plans. Your feedback and involvement is strongly en-
couraged. Here's an opportunity to use your influence to make a difference in your own association!
"Performance Measurement Consortium: Update and Next Steps"
Thursday Lunch & Program 12:00 NOON - I: 15 PM
Don Gloo, from ICMA, and several Minnesota managers will share their experiences as participants in
the ICMA Center for Performance Measurement at this luncheon. Don will discuss recent efforts in
Colorado, Minnesota, and other states across the country to build performance measurement and "best
practices" networks.
Professional management is about evidence-based decision making, and the CPM program is a cost-effec-
tive and easy way for cities to demonstrate their management prowess to elected officials and citizens!
Special Presentation: "Why Bother? The Value of Public Service"
Thursday Award Banquet 6:00 - 8:00 PM
Former Governor Wendell Anderson has been passionate about preserving "the good life in Minnesota,"
and city and county managers are on the front lines of this effort. His remarks will draw upon his wealth
of experience as well as current issues discussed in weekly commentaries on KSTP TV's At Issue.
PROGRAM OPTIONS
Afternoon Workshop: "Six Trends Transforming Government: Where Will City and County
Managers Fit In?"
Thursday I :20 to 3:20 PM
Join Sylvester Murray for a lively discussion based on the 2006 study on the Six Trends Transforming
Government produced by the IBM Center for the Business of Government.
Next Generation Activities
A special reception will be held on Wednesday, May 9th at 5:00 PM for first time conference attendees
and Next Generation managers and assistants. Please come to socialize, learn more about the ICMA
and MCMA Next Generation efforts and hear from some of our association's emerging assistants and
managers. Following the reception on Wednesday, an informal gathering is planned for Thursday after-
noon to continue discussions and networking among first-time conference attendees and the emerging
leaders group. Informal, spontaneous conversation is the goal, so please listen for an announcement of
a location following Thursday afternoon's sessions and join other Next Generation colleagues for some
social and professional networking time!
FEATURED PRESENTERS
Kerri Miller joined Minnesota Public Radio in June 2004 as host of Min-
nesota Public Radio's Midmorning and Talking Volumes, the joint book club
of MPR, the Star Tribune and the Loft Literary Center. She has been a radio
and television news reporter since 1981. Before joining KARE-I I in 1996 and
serving as its long-time political reporter, Kerri was a reporter at KSTP-TV in
Minneapolis and KTUL-TV in Tulsa. She has won numerous awards, including
the Society of Professional Journalists National Achievement Award, Minne-
sota Broadcasters Award, the Associated Press Award and, most recently, a
Gracie from the Association of Women in Radio and Television.
Sylvester Murray is Professor of Public Administration in the Levin
College of Urban Affairs at Cleveland State University in Ohio, specializing
in management, budgeting and comparative public administration. He is
a former city manager of Inkster, MI, Ann Arbor, MI, Cincinnati, OH, and
San Diego, CA. Sylvester served as President of the American Society for
Public Administration (ASPA), and the International City/County Management
Association (ICMA). Currently he holds leadership positions in the National
Academy of Public Administration, and the National Forum for Black Public
Administrators. He has conducted governance consultancies in U.S. cities of
Camden, Dallas, Davenport, St. Louis and West Palm Beach, and in African
countries of Ghana, Botswana, South Africa and Zimbabwe. He holds degrees
in administration from the University of Pennsylvania and in economics from
Eastern Michigan University.
Wendell (Wendy) Anderson spent 20 years in public office including
service in the Minnesota House of Representatives, the Minnesota Senate, as
Governor and as U.S. Senator. When he was elected as the 33rd Governor
in 1970, he was the youngest in the nation. Although best known for helping
to create the Minnesota Miracle of 1971, an innovative reform in financing of
Minnesota public school and local governments that created a fairer distri-
bution in taxation and education, his initiatives were wide-ranging including
expanding special education and enacting the family subsidy law. After leaving
the Senate, he served for 12 years on the Board of Regents of the University
of Minnesota. A practicing lawyer and commentator on Minnesota politics
for local stations such as KSTP-TV, Governor Anderson first became known as
a star on the ice, initially as a Golden Gopher and then as an Olympic medal
winner as part of the U.S. hockey team. He was named Swedish American of
the Year in 1975 and has served as honorary counsel to Sweden.
CONFERENCE
COMMITTEE
MEMBERS
FEATURED PRESENTERS
In 2003 Sean Kershaw became just the sixth Citizens League president
in its over 50 year history. A member of the Citizens League Board since
1996, he co-chaired the Citizens League's 50th Anniversary report on Doing
the Common Good Better. Previously, Sean was a Deputy Director for the
City of Saint Paul's Department of Planning and Economic Development
where he worked on housing initiatives, developed the City's Small Busi-
ness Resource Center, and led reorganization efforts to improve teamwork,
efficiency and contact with the community. During his tenure, Sean also
coordinated then Mayor Norm Coleman's e-Government, information tech-
nology, charter school, and education initiatives. Sean describes his lifework
as "building the institutions necessary to 'make policy public..'. Passionate
about active citizenship, civic organizing, and good public policy, he is a
founding member of two young adult civic leadership programs and part of
the Minnesota Active Citizenship Initiative's non-profit program.
Don Gloo is Senior Research Associate with the ICMA Center for Perfor-
mance Measurement and liaison for the Chicago, Colorado and Minnesota
consortia. He also manages the Refuse & Recycling and Parks & Recreation
data surveys. Prior to joining ICMA in May 2006, he spent seven years as
Assistant City Manager for Urbandale, Iowa, with a variety of responsibili-
ties including the performance measurement program. He previously
held positions in Arlington County and with the federal government.
Tom Hedges, City Administrator, Eagan; first winner of the Dr. Robert A.
Barrett Award for Outstanding Service to Local Government in 200 I
Craig Waldron, City Administrator, Oakdale; 2005 Barrett Award Winner
David Unmacht, County Administrator, Scott County; 2006 Barrett
Award Winner
Tim Houle, Morrison County (Co-Chair)
Matt Podhradsky, Chaska (Co-Chair)
Tanya Ange, Mankato
Brian Gramentz, New Ulm
Shaunna Johnson, Waite Park
Nick Koktavy, Carver County
Dean Lotter, New Brighton
Mark McNeill, Shakopee
Bruce Messelt, Moorhead
Mike Redlinger, Moorhead
titL
fit rG\)
REGISTRATION INFORMATION
Registration involves three different forms:
I . Conference registration form - send to GTS
2. '~ctivities" registration form (for optional activities, see insert) - send to GTS
3. Room reservation form - send to Cragun's
REGISTRATION DEADLINE: April 20, 2007
REGULAR CONFERENCE RATE: $225 per person - payable with registration.
SPECIAL CONFERENCE RATES:
. Back by popular demand!
MCMA members who have never attended an MCMNMACA Annual Conference can attend for $125.
Administrators/Assistants who are not MCMA members may attend the conference for $150. This
rate includes a one-year MCMA membership from 5/ I /07 to 4/30/07. For information on MCMA
membership requirements, go to www.mncma.org or call Kevin Frazell at 651-281-1215.
~ The registration fee will be waived for enrolled graduate students and MCMNMACA
members in transition. See registration form for details.
~ Life-time members can attend for $15 per person.
REGISTER BY MAil, FAX OR ON-LINE:
@ Online registration is available at the GTS web site - www.mngts.org. A purchase order or credit
card number is required - no billing fee is assessed.
. To mail or fax, complete the registration form in this brochure (also located on the web site)
Fax to: 651-223-5307
Mail to: Government Training Services, 2233 University Avenue W, Suite 150,
St. Paul, MN 55114
REFUNDS:
Fees will be refunded (minus $25 service charge) if cancellations are received by May 4, 2007.
No refunds will be given after this date for cancellations or no-shows.
FURTHER INFORMATION
Government Training Services
Helene Johnson - hiohnson(Q)mngts.org - 651-222-7409 ext. 206
rem
About GOVERNMENT TRAINING SERVICES
YOUR PROVEN RESOURCE FOR MEETING YOUR CONFERENCE, EDUCATION AND PROJECT NEEDS
Government Training Services is a non-profit organization dedicated to helping those who provide
services to Minnesota citizens and communities meet current needs for knowledge and skills, plus
anticipate and prepare for changes to come. We have worked with policy makers, staff and appointed
officials from all levels of government and all types of non-profit agencies-and their collaborators in
associations, business, higher education and community groups-since 1976.
Conference Registration Form
MCMA/MACAAnnual Conference - May 9-11, 2007
(Please type or print)
First Name ITIILJ
lastName =
CIlJLJ
[I][IJ
i i. '.
! . !
CD
CD
Preferred First Name for Name Badge (if different)
Title
Jurisdiction
Address
City
Phone (~
Fax ~)
State
e-mail
Zip
Conference Re~istration
o MCMA Member - Regular Conference registration ($225 per person)
o MCMA Member - First time attendee special rate of $125
o Non-MCMA Member - Special rate of $150 (includes a I-year MCMA membership)
o Lifetime Member ($15 per person)
o Student - Registration fee waived for full-time graduate student
Student 1.0. number is:
o Member in Transition - (Registration fee waived for MCMA or MACA member who
has left their position since May, 2006.)
Special Proiram Re~istration (Please check if you plan to attend.)
o Six Trends Transforming Government: Where Will the City Manager Fit In?
TOTAL REGISTRATION:
$
Payment Options
o I would like to pay with a credit card (VISA or MasterCard only):
Card# Exp.Oate:
e-mail address (required)
o Enclosed is check # for $ (payable to Government Training Services).
o Please bill me at the address above. (A Purchase Order is required for billing and a $10 billing
charge will be added.) PO#
o Check here if this is a duplicate copy of your registration (have already registered on-line or by fax) .
Back~round Information (Please check all that apply.)
o My spouse will accompany me to the conference. Name:
o I require some accommodations (i.e. dietary, sign language interpreter. braille materials);
please contact me at (VOICE or TOO, circle one).
o I have been in city/county management for years.
o I have been in my present position for years.
LODGING INFORMATION
To reserve your room at Cragun's, fill out the form on the following page. Complete
one form per person or couple. A $125 deposit is required with your reservation.
(No deposit required with Voucher or Purchase order). Deadline: April 9, 2007.
(Note: room rates will be honored after April 9, but room availability is not guaran-
teed.) Keep a copy of the completed form for your records.
MAIL OR FAX FORM to:
Cragun's Conference & Golf Resort
11000 Craguns Drive, Brainerd, MN 56401
Fax Number: (218) 825-2727
Website: www.craguns.com
Questions? Call 218-825-2700 ext. 8400
(No phone reservations)
Cragun's
Located 11 miles northwest of Brainerd
on the beautiful shores of Gull Lake,
Cragun's (800-272-4867, extension
8400) offers the finest in conference
facilities, luxurious rooms and an abun-
dance of recreational facilities includ-
ing a heated pool and sauna, volley-
ball, rowboats and canoes. (Pontoon
boats and outboard motorboats are
available for an additional fee.) Tennis
courts and an excellent golf course are
also available to guests.
Cancellation/Refund Policy:
1. Less than 30 days prior to arrival-NO
DEPOSIT REFUND
2. At 30 days or more prior to arrival-
REFUND less $25 processing fee.
3. When using a Voucher or Purchase
Order, Cancellation/Refund Policy will
apply.
Any alterations to an existing reservation will
result in a service fee of $50.
CRAGUN'S HAS A NO PET POLICY.
PRIOR NOTIFICATION OF CERTIFIED
SERVICE ANIMALS REQUIRED.
PREFERRED LODGING HELD UNTIL April 9, 2007
(Room Rates honored after April 10 but room AVAil.
ABILITY is NOT GUARANTEED)
$125.00 deposit required with reservation
No deposit required with Voucher or Purchase Order
Name
Street
City St_ Zip
Day Phone (_)
E-mail
Arrive /Depart Dates: / to /
Confirmations will be mailed to the above address Q[ e-mail.
SPECIAL REQUESTS (i.e. Room Accessibility, Dietary, etc.)
Explain:
DEPOSIT METHOD OF PAYMENT
o Voucher/Purchase order (Send with form.)
o Check (Send with form - payable to Cragun's)
o Credit Card (Card charged upon receipt of form)
Visa, MasterCard, American Express, Discover Card Accepted
Card #
Cardholder's Name:
Exp._/_
SPOUSE RATES
If spouse accompanies, the participant pays the single occupancy
rate and spouse pays $16.00 per night, sales tax included. No meals
included. Please indicate meal package or no meal package.
o Spouse No-Meal Package
($32.00 includes 2 nights lodging - no meals)
o Spouse Meal Package ($139.80 includes 2 nights lodging,
supper Wednesday, breakfast, lunch, and supper Thursday, and
breakfast and lunch Friday.)
ROOMMATE(S)
EACH PERSON MUST COMPLETE A SEPARATE RESERVATION FORM
List name of the roommate(s) you are selecting:
If you are selecting roommates, reservation forms must be mailed
or faxed together. If not received together, Cragun's will place you
in a room at the single occupancy rate. For safety and security
reasons, Cragun's will not assign roommates.
Cragun's Reservation Form
MCMA I MACA - May 9 - 11, 2007
TWO-NIGHT PACKAGE INCLUDES
. Wednesday and Thursday nights' lodging
. Meals: Supper Wednesday, Breakfast, Lunch, and Supper
Thursday, and Breakfast and Lunch Friday
. MN sales tax & service charge
INDICATE OCCUPANCY
Lakeview Fireolace Room: Balcony overlooks
Gull Lake, fireplace, refrigerator, microwave, coffeemaker
o $392.81 Single Occupancy
o $256.12 Double Occupancy (per person)
Note: All lodge rooms are non-smoking. There is a $100 charge
for smoking in a non-smoking room
Poolside Room Patio or balcony level overlooks indoor pool,
refrigerator, coffeemaker. (All non-smoking rooms)
o $360.51 Single Occupancy
o $244.34 Double Occupancy (per person)
Cottage Units Multiple sleeping units under one roof with common
living area, fireplace and kitchen. (Two people with two baths each
would pay the single occupancy rate. Four people with 2 baths pay
double rate.) (All smoking rooms)
o $328.82 Single Occupancy
o $227.18 Double Occupancy (per person)
Thursday Supper Options - Please Indicate Choice:
o SteaklWalleye combo 0 Chicken Champagne
MEETINGS ONLY I NO LODGING
I will not be staying overnight but attending activities on the
following day(s)
o Wednesday 0 Thursday 0 Friday
Day Fee: $10.65/day, service charge, sales tax included.
I would also like the to reserve the following meals:
o WednesdaySupper@$28.17 #
o Thursday Breakfast @ $11.64 #
o Thursday Lunch @ $14.09 #
o Thursday Supper @ $28.17 #
o Friday Breakfast @ $11.64 #
o Friday Lunch @ $14.09 #
Rates include Service charge and sales tax.
Entire prepayment must accompany form.
Government Training Services
2233 University Avenue w., Suite 150
St. Paul, MN 55114
First Class Mail
U.S. Postage
PAID
St. Paul, MN
Permit No. 3137
LODGING DEADLINE: APRIL 9, 2007
REGISTRATION DEADLINE: APRIL 20, 2007
www.mngts.org
This conference brought to you by the Minnesota City/County Management Association
in cooperation with the Minnesota Association of County Administrators
7*
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
/)
Mayor, Councilmembers and City Administrat. or~. j
Missie Kohlbeck, Senior Center Coordinator (()~
Patti Norman, Recreation Supervisort'.
FROM:
SUBJECT:
Adopt Resolution Accepting Donations to the Rambling River Center
DATE:
April 2, 2007
Introduction
Donations were given to the Rambling River Center by Vern and Nancy Page and Phylis Kirchner
DISCUSSION
Vern and Nancy Page have donated $50, and Phylis Kirchner has donated $30 in appreciation of
providing the AARP tax program at the Rambling River Center.
Staffwill communicate the City's appreciation on behalf of the Council to the listed donators.
ACTION REQUESTED
Adopt the attached resolution accepting the donations of$50 from Vern and Nancy Page and $30
from Phylis Kirchner.
Respectfully Submitted,
"1 !' ~ ~h.~L\wL~
Mis ie Kohlbeck
Senior Center Coordinator
(~. .~::> . " r"'.",
__. _),-~^-~ '\~ ~~"-l____
Patti Norman "----'
Recreation Supervisor
RESOLUTION No.
ACCEPTING $50 DONATION FROM THE PAGE FAMILY AND $30 FROM THE
KIRCHNER FAMILY TO THE RAMBLING RIVER CENTER
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers of said City on the 2nd day of April, 2007
at 7:00 p.m.
Members Present:
Members Absent:
Member
introduced and Member
seconded the following:
WHEREAS, donations of $50 from Vern and Nancy Page and $30 from Phylis Kirchner have been
given to the Rambling River Center; and,
WHEREAS, it is in the best interest of the City to accept such donations.
NOW, THEREFORE, BE IT RESOLVED that the City of Farmington hereby accepts with
gratitude the generous donations of $50 from the Page Family, $30 from the Kirchner Family.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd
day of April 2007.
Mayor
Attested to the _ day of April 2007.
City Administrator
SEAL
71
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers, City Administrator ,}
FROM: Jennifer Collova, Natural Resource Specialist ~
SUBJECT: 2007 Stormwater System Monitoring
DATE: April 2, 2007
INTRODUCTION
Two stormwater system monitoring projects are proposed for 2007. The proposed monitoring will be
in the Prairie Waterway and in two stormwater holding facilities - Lake Julia and the deep
stormwater pond in Mystic Meadows. Both monitoring projects are proposed to give the City
information if these types of stormwater management practices provide appropriate thermal pollution
mitigation to the Vermillion River trout stream. The projects also benefit the City in its NPDES non-
degradation efforts. The Department of Natural Resources (DNR) , the Dakota County Soil and
Water Conservation District (DCSWCD), and the Vermillion River Watershed Joint Powers
Organization (VRWJPO) have raised concerns regarding these types of stormwater mitigation
measures. They have indicated a need for more data in order to determine if these measures are
compatible with the trout stream. This information will help the City to determine how to manage
stormwater in future developments.
DISCUSSION
Prairie Waterway
The Prairie Waterway system was constructed in the mid-1990's, with the final phase south of
Highway 50 constructed in 2004. Mitigating runoff temperatures was not an issue for the design of
the Prairie Waterway at that time. However, with the expansion of the trout stream designation for
the Vermillion River, urban drainage and thermal impacts associated with the river are significant
issues today. The DNR and the DCSWCD, on behalf of the VRWJPO, have speculated that the
Prairie Waterway with its open water systems and the interaction with groundwater may constitute a
thermal impact to the river.
This monitoring study is proposed to provide data so that the thermal impacts of the Prairie
Waterway, or lack thereof, on the Vermillion River can be better understood. This study will help the
City be better informed for future planning of ponds that are connected to the groundwater and which
are flowing continuously to the Vermillion River.
Stormwater Ponds
Lake Julia and the deep pond in Mystic Meadows serve as key stormwater management features for
the surrounding developments. The surface outlets elevations of the groundwater ponds in
Farmington have been set near or above the seasonal high groundwater table to minimize the
potential for surface discharge from those ponds and promote infiltration of stormwater runoff
reaching the ponds. The approach is primarily aimed at minimizing surface discharge from the ponds
to limit or eliminate thermal impacts to downstream cold-water receiving waters, such as designated
trout streams and their tributaries. DNR and other agency staff have speculated that the interaction
between warm surface water from the ponds creates warm groundwater thus potentially impacting the
trout stream.
This monitoring study is proposed to provide data on groundwater ponds and potential downstream
thermal impacts from the ponds if/when they discharge. This information could be used in
determining the potential benefit ofretro-fitting where further thermal mitigation is required and/or in
establishing a sound technical basis for refinements in the design of future ponds.
The results of these efforts can help guide Farmington in determining the degree to which mitigation
approaches, like the ones represented by the construction of waterways with continuous flow and
groundwater ponds, are of value as a future tool in the City's stormwater management "toolbox" as it
seeks to manage development activity. The information produced is also expected to help in
determining how to quantify the effects of groundwater ponds on runoff volume in the loading
assessment that is currently being prepared from Farmington under the nondegradation requirements
for the City's NPDES MS4 permit.
BUDGET IMPACT
Prairie Waterwav
The estimated cost to perform the monitoring project is $14,880. These costs would be funded from
the Storm Water Fund.
Stormwater Ponds
The estimated cost to perform the monitoring project is $18, 230. These costs would be funded from
the Storm Water Fund.
ACTION REQUESTED
Approve the proposed 2007 stormwater system monitoring projects.
~~'
Jennifer Collova
Natural Resource Specialist
cc: file
2335 Highway 36 W
St Paul. MN 55113
Tel 651-636-4600
fax 651-636-1311
www.bonestroo.com
.. Bonestroo
March 26, 2007
Jen Collova
Natural Resources Specialist
City of Farmington
325 Oak Street
Farmington, MN 55024-1374
Dear Jen:
As we discussed during our meeting on March 7th, I have prepared a scope and budget for a
continuation of the monitoring effort on the Prairie Waterway. This proposed project is designed
to help assess the effectiveness of the Prairie Waterway in minimizing the thermal impact of
development in southeast Farmington on the Vermillion River. As presented in our January 29,
2007 memo to you summarizing the results of the 2006 monitoring effort, the rationale for
supplemental monitoring in 2007 is as foHows:
. To gather and assess data collected over a complete summer season (June 1 -
September 30) to fully cover the likely "critical temperature period" for the Vermillion
River as well as increase the likelihood of recording more precipitation runoff events.
. To try to distinguish between the temperature impacts on the Vermillion River of the
Prairie Waterway discharge itself versus the oxbow channel of the River into which the
Prairie Waterway discharges.
The proposed effort is described in the following sections.
Project Background Most of the Prairie Waterway system was constructed in the mid- 1990's,
with the final phase south of Highway 50 constructed in 2004. The Waterway was designed to
serve several purposes:
1. Provide a direct drainage outlet and flood protection for southeast Farmington.
2. Lower the overland drainage elevation and groundwater table,
3. Mitigate for wetland impacts associated with the East Farmington Development.
4. Provide fill for development and reduce the amount of fill needed to raise house
pads and streets to provide drainage.
St. Paul
51. Cloud
Rochester
Milwaukee
Chicago
Engineers
Arch ilcc Is
Planners
Mitigating runoff temperatures was not a design issue originally. However, with the expansion of
the trout stream designation for the Vermillion River, urban drainage and thermal impacts
associated with it are significant issues today. Agency staff has speculated that the Waterway
with its open water systems may be a significant thermal impact to the River. However, data on
whether the Waterway actually has an impact on River temperatures has not been collected. This
study is aimed at providing that data so that the thermal impacts of the Prairie Waterway -or lack
thereof-on the Vermillion River can be better understood. Equally important, the results of this
effort can help guide the City of Farmington in determining the degree to which stormwater
mitigation approaches like the one represented by the Prairie Waterway are of value as a future
tool in the City's "toolbox" in helping prevent degradation of receiving waters as development
occurs.
Scope of Services. This proposed effort would involve monitoring of temperature in the Vermillion
River above and below the location at which the Prairie Waterway discharges to the River for a
critical 4-month period between June 1 and September 30, when air temperatures are likely to be
high, River flows fairly low, and the prospects for thermal impacts on the River greatest. In
addition, several thermal monitoring devices would be placed in the Waterway itself to track water
temperatures as discharge from the PW system moves from Pond PW-P1.1B (the last pond in the
Prairie Waterway system) through the BOO-foot open channel, the terminus of which discharges to
the oxbow channel that is part of the River system. Finally, temperature monitoring devices would
be placed in the oxbow channel above and below the point at which the Prairie Waterway system
discharges to that feature. As we did last year, we will monitor flows in the Waterway and relate
that information to flows recorded by the USGS at the Empire wastewater treatment plant
approximately 1 mile downstream on the Vermillion River.
It should be noted that in 2006, Dakota County implemented a monitoring project further up in
the Prairie waterway system that was intended to characterize temperatures in wetlands,
according to Brian Watson of the Dakota County Soil and Water Conservation District. They may
be continuing that effort in 2007. We will again try to gain access to the reduced/analyzed data
from the SWCD or its consultant so we can compare thermal profiles in the upper portion of the
system with those Just prior to discharge to the Vermillion River. The budget for this project
includes up to six hours obtaining and reviewing the analyzed/summarized data from the County
for that purpose.
The budget for this project includes the following:
1. Field review of site and prospective monitoring locations.
2. Installation of monitoring equipment in the locations described above.
3. Bi-weekly to monthly visits to the sites to check equipment and download data.
4. Securing data collected by others on precipitation and flow in the Vermillion River
during the monitoring period.
5. Data analysis and interpretation.
2
6.
Preparation of a short (6-10 page) report (technical memo format) with supporting
data summarizing the results of the investigation. A final report would be sent to
the City no later than January 30, 2008. This task includes one meeting with City
staff to discuss the report.
Mileage and equipment rental.
7.
Budget'
$13,930, plus $950 for reimburseables (travel, equipment rental). This project
would be billed on an hourly basis with a not-to-exceed amount as identified
above, since it is possible that we can combine some site visits for this project
with site visits/data collection efforts for the groundwater pond monitoring
project, should that proposal be approved.
It would be helpful to know whether we can proceed with this project by May 1 if possible so that
we can make the necessary arrangements for field equipment, etc. If you have any questions on
the outlined scope of work or budget, please contact me at (651) 604-4783. Thanks, Jen.
Sincerely,
~~
Rich Brasch
Project Manager
cc. Lee Mann
Corey Markfort
3
2335 Highway 36 W
St. Paul, MN 55113
Tel 651-63G-4600
Fax 651-636-1311
www.bonestroo.com
... Bonestroo
March 23, 2007
Jen CoUova
Natural Resource Specialist
City of Farmington
325 Oak Street
Farmington, MN 55024-1374
Dear Jen:
As we discussed during our meeting on nondeg on March th, I wanted to present a scope of work
and budget estimate for monitoring of two groundwater ponds (Lake Julia and Mystic Meadows)
for the upcoming field season. As we discussed, these ponds are representative of the types of
ponds integral to the approach the City has taken to accommodate development while avoiding
stormwater-related impacts to sensitive downstream receiving waters, notably the Vermillion River
and some of its tributaries,
We see two benefits to the City in pursuing this project. First, the results of this effort can help
guide the City of Farmington in determining the degree to which mitigation approaches like the
one represented by the construction of groundwater ponds are of value as a future tool in the
City's stormwater management "toolbox" as it seeks to manage development activity. Second, the
information produced is expected to help in determining how to quantify the effects of
groundwater ponds on runoff volume in the loading assessment that is currently being prepared
for Farmington under the nondegradation requirements for the City's NPDES MS4 permit.
Below is a scope of service and budget for this project.
Project Background and Scope of Services. The surface outlet elevations of the groundwater ponds
in Farmington have been set near or above the seasonal high groundwater table to minimize the
potential for surface discharge from those ponds and promote infiltration of stormwater runoff
reaching the ponds. These ponds serve as key stormwater management features for the
surrounding development. The approach is primarily aimed at minimizing surface discharge from
the ponds to limit or eliminate thermal impacts to downstream cold-water receiving waters, such
as designated trout streams and their tributaries. By installing a water level monitor in the ponds
of interest, pond water levels can be continuously tracked and compared to the invert elevation of 51. Paul
$1. Cloud
Rochester
Milwaukee
Chicago
Engi neers
Architects
Planners
the outlet. The amount of any discharge can be calculated knowing the height of the pond level
above the invert elevation, the duration over which this condition occurred, and the characteristics
of the surface outlet (pipe diameter, slope, and pipe material). This information is expected to help
establish how successful this approach is in minimizing surface water outflows from these
stormwater management features.
In addition, this project would include tracking of water temperatures in the upper 10-15 feet of
the pond to help determine the need for, and feasibility of, sub-surface withdrawals to minimize
downstream thermal impacts from the ponds when they do discharge. This information could be
of use in determining the potential benefit of retro-fitting where further thermal mitigation is
required and/or in establishing a sound technical basis for refinements in the design of future
ponds. The monitoring would be accomplished by the suspension in the pond of up to four
temperature sensors and data loggers of the type used for the Prairie Waterway monitoring effort
last year to track water temperature continuously. The information will be used to guide a
determination of the approximate depth at which a sub-surface inlet could be located to minimize
cost and provide the benefit intended.
Finally, this project would also involve collection of basic water quality information to help
establish the water quality characteristics of the basins and to help address basic questions related
to the potential for groundwater contamination from the ponds. This effort would involve
collection of samples as part of routine site visits scoped for the water level/temperature
monitoring portion of the project described above. Some additional time would be added to the
budget to collect the following data for each pond in June, July, and August:
. Surface-to-bottom dissolved oxygen, temperature, and conductivity profile.
. Total and dissolved phosphorus, chlorophyll" a" , total nitrogen, nitrate-nitrite nitrogen,
coliform bacteria, and water clarity in the surface water.
. Total and dissolved phosphorus as well as ammonia ;n the deepwater just off the bottom,
This data is expected to provide the following information:
. Help define the trophic status of the ponds relative to other water bodies in this eCQ-
region.
. Determine how nitrate levels in the ponds compare with concern levels for groundwater.
. Determine the current status of internal loading/recycling of phosphorus and deepwater
anoxia
The budget for this project includes the following:
1. Collection and review of existing data on two ponds (Lake Julia and Mystic
Meadows), including when they were constructed, their depth characteristics
(off grading plans), locations for access, determination of sampling locations, etc.
2
Budget
I
,
. ~
~
i
2.
Installation of monitoring equipment to track water levels in the surface outlet and
monitor temperature in the top 10-15 feet of each pond.
Monthly visits to the sites to check water level and temperature monitoring
equipment and download data. Expeded data collection period is from June 1
through September 30.
Preparation for and execution of sampling of each pond monthly three times
between June 1 and August 30 (assumes both ponds would be sampled on same
trip and that a city staff person would be available to help a Bonestroo staff
person on all sampling trips. Also includes delivery of samples to lab).
Data analysis and interpretation.
Preparation of a short (5-8 page) report (technical memo format) with supporting
data summarizing the results of the investigation. A final report would be sent to
the City no later than November 30, 2007, This task includes one meeting with
City staff to discuss the report
Mileage, equipment rental, and analytical lab costs
- !
3.
4.
5.
6.
7.
The budget for the above project as seoped is $16,250 plus $1,980 for
reimburseables (mileage, equipment rental, and analytical lab costs). This project
would be billed on an hourly basis with a not-to-exceed amount as identified
above, since it is possible that we can combine some site visits for this project
with site visits/data collection efforts for the Prairie Waterway monitoring project,
should that proposal be approved.
It would be helpful to know whether we can proceed with this project by late-April if possible so
that we can make the necessary arrangements for field equipment, etc. If you have any questions
on the outlined scope of work or budget, please contact me at (651) 604-4783. Thanks, Jen.
Sincerely,
BONESTROO
~/~
Rich Brasch
Projed Manager
CC. Lee Mann
Corey Markfort
3
7n-J
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO: Mayor, Councilmembers, City Administrator
FROM: Joel Jamnik, City Attorney
SUBJECT: Approve Purchase Agreement - 20780 Akin Road
DATE: April 2, 2007
INTRODUCTION
Attached is the proposed purchase agreement and the sellers proposed counteroffer/addendum for the
Council directed acquisition of the property located at 20780 Akin Road.
DISCUSSION
As discussed previously, it is proposed that this property be acquired to facilitate the future extension
of Diamond Path Road. The attached documents reflect the recommended terms for the purchase.
BUDGET IMPACT
The cost of the property as indicated in the attached documentation is $194,900 which would be
funded out ofthe Road and Bridge Fund.
ACTION REQUESTED
Approve by motion the purchase of said property as outlined in the attached documents.
Respectfully Submitted,
-~e.(: L ~~<-L~
C I r" e.~)
Joel Jamnik
City Attorney
cc: file
M.S.B.A. Real Property Fonn No.1 (1994: Rev. 1996; Rev. 1997; Rev. 2002: Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 1
MINNESOTA STANDARD RESIDENTIAL PURCHASE AGREEMENT
@ Copyrlght1996, 1997, 2002,2005 Minnesota State Bar Association, Minneapolis, Minnesota.
BEFORE YOU USE OR SIGN THIS CONTRACT, YOU SHOULD CONSULT WITH A LAWYER TO DETERMINE THAT THIS CONTRACT
ADEQUATELY PROTECTS YOUR LEGAL RIGHTS. Minnesota State Bar Assoclation disclaims any liability arising out of use of this fonn.
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,. PARTIES. This Purchase Agreement is made on 3/6107
Chase Bank
[marital status] nla
of [sellers address] New York
CIty of Farmington
as Joint tenants [strike joint tenants" if tenancy-in-common is Intended] of [buyer's address] City of Fannlngton
. SELLER, and
, by and between
, BUYER.
2. OFFER/ACCEPTANCE. Buyer offers to purchase and Seller agrees to sell real property legally described as:
Section 25 Township 114 Range 20 2511420 Pt Of SE 1/4 Of SE 1/4 Lying N & E Of Co Rd #19
[Property Tax Idenllflcation Number or Tax Parcel Number 140250001086
located at 20780 Aldn Road
County of Dakota
, City of Fannington
, State of Minnesota, Zip Code 55024-9444
3. ACCEPTANCE DEADUNE. The acceplance date of this Purchase A9reementls the date it Is delivered by the last party signing to the other party.
This offer to purchase, unless accepted sooner, shall be void atll :59 A.M., on [date] nla , and In such event all earnest
money shali be refunded to Buyer.
4. FIXTURES AND PERSONAL PROPERTY. For the purposes of this Purchase Agreement, 'Fixtures" are llems that are embedded In the land or
attached to the buildln9(s) and cannot be removed without damage to the real property. The method by which the fixture is "attached" could be screws,
nails, adhesives, or any other mechanical connection which shows Selier's intent to make the item a relatively permanent parl of the real estale.
Examples offixlures are dOOlS and cabinets. 'Personal property" Includes Items that are not attached to the buliding(s) or embedded in the land and
that are removable without damage to the real property. Examples of personal property are free-standlng (not "builtin") appliances and furniture. Buyer
and Seller should conslder carefully the fixtures and personal property to be included in the sale. For example, a mirror allached to a wall by screws
or nails is a fixture, while a mlrror hung from a nail or picture hanger is personal property.
A. FIXTURES INCLUDED IN THE SALE. Tille to fixtures passes to Buyer with the deed. All fixtures except those excluded at B., below, are
Included In this sale such as: garden bulbs, plants, shrubs, trees, landscaping, stonn windows and Inserts, stonn doors and inserts, screens,
awnings, window shades, blinds, curtain-traverse-drapery rods, mlrrors, door mirrors, cabinets, counter taps, doors, door hardware, mantels,
woodwork, attached lighting fixtures with buibs, electrical wiring, elecbicoutlels, eleclricswitches, electric outlet plates and swilch plales, all plumbing
and piping, plumbing fixtures, sump pumps, water heaters, heaDng systems, heating stoves, fireplace inserts, fireplace doors and screens, bulJl-In
humidifiers, built-In air conditionlng units, built-in electronic air fillers, automatic garage door openers with controls, television anlennas, satellite
dishes, water softeners, built-in dishwashers, garbage disposals, buill-In trash compactors, bUilt-In ovens and cooking stoves, hood-fans, intercoms,
installed carpeting, built-in work benches, security systems, fences, retaining walls, kennels, gates, survey monuments, culverts, sheds, gazebos,
trellises, underground imgaDon systems, weathervanes, lightning rods, flagpoles, Ilghl poles and lights, outdoor statuary, pumps, mail boxes, mall
box posts, and newspaper boxes.
B. FIXTURES EXCLUDED FROM THE SALE. The fallowing fixtures are excluded from thls sale and will be removed by Seller prior to closing:
nla
Any damage to the real property that occurs in Seller's removal of these fixtures will be repaired by Seller prior to closing.
The fallowing excluded end removed fixtures will be replaced by Seller with a funcllonal equivalent:
nla
At closing or prior to closing, Seller shall provide far payment of, satisfacllon of, or release of any exlstingliens, claims, or encumbrances on the fixtures,
except far the fallowing encumbrances which Buyer accepts or assumes [list here]:
nla
C. PERSONAL PROPERTY. Any personal property 10 be purchased by Buyer is listed on the attached Personal Property Agreement
5. PRICE AND TERMS. The price for the real property is
One Hundred, ninety-four thousand, nine hundred and 001100
which Buyer shall pay as fallows:
Dollars ($ 194,900.00
),
Earnest money of $ 5,000.00 by [CASH, CHECK, NOTE - slate which] Check payable to
[select one:]
U Seller, to be deposlled and held by Seller (and may ba commingled with Seiler's other funds) pending closing,
U Seller's lawyer, to be depositad and held In the lawyer's trust account pending closing,
00 Seller's broker, to be deposited or held by broker according to the requirements of Minnesota Statutes,
U Olher [describe how the earnest money will be held]
receipt of which Is here~acknowledged and $ 189,900.00 . cash, on 416107 or before . the DATE OF CLOSING,
and the balance of $ 0.00 by financing as shown an the attached Financing Addendum.
6. DEED 1 MARKETABLE TITLE.
A. Upon peTfonnance by Buyer, Seller shall execute and deliver a Umited Warranty Deed, joined in by spouse, if any,
conveying good and marketable title of record, subjeclto the following TlUe Exceptions:
(1) Building and zoning laws, ordinances, state and federal regulations; and
(2) The lien of real property taxes and the lien of special assessments and inlerest due thereon, if any, payable in the yeer of closing which by
the terms of this Purchase Agreement are to be paid or assumed by Buyer.
B. Seller proposes to Buyer that Seller's good and marketable titie will be delivered 10 Buyer at closing subject 10 the following liUe issues:
[Check (1), if applicable:]
(1) L-J Encumbrances, easemenls, covenants. conditions, restrictions, a declaration (without an association),and reservation of mineral rights
by the Stale of MInnesota, as disclosed in M.S.BA Real Property Form No. 19, ADDENDUM TO PURCHASE AGREEMENT: mLE ISSUES
(2005), attached as a parl of this Purchase Agreement.
M.S.B.A. Real Property Form No.1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 2
85 [Check (2), if applicable:]
86 (2) L..J A Declaration of covenants, conditions, and restrictions with an assocletion in a planned communlly, condomInium, or other common
87 Interest ownership communily, as disclosed In M.S.BA Real Property Fonn No. 12, ADDENDUM TO PURCHASE AGREEMENT :
88 COMMON INTEREST COMMUNITY attached as a parl of this Purchase Agreemenl
89
90 [Check (3), if applicable:J
91 (3) L..J The rights of tenants or other parties in possession, as disclosed In M.S.BA Real Property Fonn No. 20, ADDENDUM TO PURCHASE
92 AGREEMENT: TENANTS OR PARTIES IN POSSESSION (2005) attached as a parl of this Purchase Agreement
93
94 Although Seller has disclosed these title issues and Buyer has indicated a ganeral willingness to take titla subject to these title issues,
95 these tltla Issues are subject to the other provisions ofthe Purchase Agreement and to an examination of title based upon the Minnesota
96 Title Standards and upon Minnesota law.
97
98 Buyer also reserves the right 10 evaluate thesa titie issues in the light of Buyer's intended use and enjoymenl of tha property. Buyer shall have
99 unUlthe end of the period for stating litie Objections under Paragraph 14., of this Purchase Agreement to maka the evaluation and delennine if
100 these tille Issues will effect Buyer's Intended use and enjoyment of the property. Except for matlers disclosed under B.(2), above, and govemed
101 by the statutoryremed1es referenced in M.S.BA Real Property Fonn No. 12,ADDENDUM TO PURCHASE AGREEMENT : COMMON INTEREST
102 COMMUNITY, If Buyer, In Buyer's sole dlscretion,detennines that these litIe Issues will adversely affect Buyer's Intended use and anjoyment of
t03 the property, Buyer maydaclare this Purchase Agreement void by notice 10 Seller, neither party shall be liable for damages hereunder to the other,
104 and earnest money shall be refunded to Buyer. If the period for stallng TrtJe Objections under Paragraph 14., passes without Buyer's declaring
105 that these title Issues will adversely affect Buyer's Intended use and enjoyment of the property, then, subject to Seifer's covenanUo dellver a good
106 and markatable titia of record, Buyer shalllaka titie subject to these titie issues. {Seller should consider full dIsclosure of all fftle Issues to Buyer
107 In thIs Purchase Agreement or in addende to this Purchase Agreement Full dIsclosure as to the substance of tiffe Issues allows Buyer an early
108 opportunity to ensure that this Is the rlght property for Buyer and to measure the Impact on the Buyer's intended use or potential enjoyment of the
109 property. In other words, Buyer's consent to teke ffffe subjer:! to the existence of fftle Issuas must be a fully Informed consent If Buyer is fully
110 Informed aarly, It Is less likely that Buyar will eler:! to void the Agreement.J
III
112 7. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
113 A. PrlorYears' Delinquent Real Estate Taxes and Delinquent Special Assessments. Delinquent real estate taxes payable In yeers prior to the
114 year of closing and delinquent Installments of special assessments certified for collection with real eslate taxes payable In years prior to the year of
1I5 closing, together with penally, Interest and costs, shall be paid by Seller not later than the actual data of closing.
116
1I7 B. Real Estate Taxes Payabla in the Year of Closing. Real estate taxes payable In the year of closing shall [select from (1) or (2):J
1I8 00 (1) Be prorated between Seller and Buyer [select (a) or (b)J:
119 00 ll!l On a calendar year basis to the actual date of closing;
120 U (b) As follows: Seller _ %; Buyer_ %;
121 adjusted between Seller and Buyer at c1osln9, and paid to the county at closing if then due and Buyer shell assume Installments not
122 paid et closing.
123 U (2) Not be prorated and the entire year's laxes shall be [select (a) or (b)J:
124 U (a) Paid by Seller when due, but not later than closing,
125 U (b) Assumed by Buyer, to be paid when due and nollater then closing if due prior 10 closing, and Buyer shall reimburse
126 Seller at closing for any Installments paid by Seller prior to closing.
127 Sellershall pay penally, Interest and cosls on any delinquent Inslallmentoftaxes and special assessments payable In the year of closing. If closIng
128 is delayed to e leter year, reel eslate taxes payable in the year of closing shall ba prorated between Seller and Buyer on a calendar year basis to
129 the actual date of closing.
130
131 C. Tax Statements. If tax statements for taxes payable In the year of closing are not avalleble on the Date of Closing, the amount to be used for
132 closing purposes shan be nla % of the prior year's taxes, and such emount shall be [select oneJ 00 FULL AND FINAl BElWEEN SELLER AND
133 BUYER U ADJUSTED UPON RECEIPT OF TAX STATEMENTS FOR SUCH YEAR On which case the party obligated to pay the adjustment
134 shall pay it to the other party within 30 days of Issuanca of the lax slatements).
135
136 D. Homestead Classification. Seller represents that, as of the dale of this Agreement, the property tax classification Is I strike onel lIemestead
137 I nonhomestead. If the property is non homestead, Buyer may change the tax classification forlaxes payeble In the yearfollowlng closing by laking
138 possession of the real property as Buyer's homestead and filing a new homestead declaration within the time required by law. If the properly tax
139 classification In the year of closing Is not homestead, Seller shall pay to Buyer at closing [seIer:! oneJ
140 00$ nfa
141 U the difference (on Buyer's portion of the taxes) between the taxes in the actual classification and the taxes that would have been payable
142 under homestead classification.
143 If the property tax classification for taxes payable In the year following closing Is not homestead and, through no feull of Buyer, the closing lakes
144 place after the date by which Buyer must lake possession of the real property as Buyer's homestead to file for homeslaad tax status for taxes payable
145 in such year, Seller shall pay 10 Buyer at closing [select one]
146 00$ nfa
147 U the difference (on Buyer's portion of the laxes) between the laxes in the actuel classification and the taxes that would have been payable
148 under homestead classlficaUon.
149 [If Buyer Intends to claIm the property as Buyer's homestead, Buyer should file Buyer's homestead deelaraffon as soon as possible af/er taking
150 possession and occupancy of the property.J
151
152 E. Deferred Real Estata Taxes. [selectone:J U BUYER 00 SELLER SHALL PAY ON DATE OF CLOSING OR PROVIDE FOR
153 PAYMENT OF eny deferred real eslate taxes (Including "Green Acres. taxes under Minn. Slat Section 273.111) payment of which is required as
154 a result of the closing of this sale or the recording of the Deed or Contract for Deed. Provision for payment shell be by peyment into escrow of 1.5
155 times the estimated amount of the essessor's reassessment for deferred taxes.
156
157 F. Valuation Exclusions from Assessed Value. Seller warrants and represents that the property [select one:J U does 00 does not have an
158 exclusion from estimated market value for certain home improvements pursuant to Mlnnesola Statutes Section 273.11, Subd. 16 (1997). Such
159 exclusion expires on the sale of the property end will cause the assessed value of Ihe property to increase for property tax purposes. The Increase
160 in assessed value will cause the property taxes to Increase and might make the property unaffordable for Buyer. If Sener represents that the property
161 does not have an exclusion and an exclusion is discovered prior to closing, Buyer may, at Buyer's optIon:
162 (1) Assume payment of the Increased property taxes without adjustment to the purchase price of the real properly;
163 (2) Require that the price of the property be reduced by the estimated increase in property taxes over the three calendar years following the year
164 of closing (such estimeted Increase shall be oblained from the county assessor or city assessor); or.
165 (3) Rescind this Agreement, In which case all earnest money shall be refunded to Buyer.
166
167 If the exclusion is not discovered until aller closing, Seller shall be nable to Buyerforllquldated damages In the amount thet is five times the estimated
168 Increase In real eslate taxes based on the reassessed value provided that any notice of a claIm of breach of werranly must be in writing and must
169 be given by Buyer to Seller within one year of the Date of Closing or be deemed waived. The provisions of this Paragraph F.. shall survive the
170 delivery of the Deed oreontractfor Deed.
171
172 G. Certified Special Assessments. AJllnslallments of special assessments certified for payment with the real estate taxes payable in the year of
173 closing shall be [select oneJ:
174 U Prorated between Sener and Buyer on a calendar year basis to the actuai date of closing, adjusted at closing, and unless athelWlse provided
175 in this Purchase Agreement, shall be paid at closing
176 U Paid by Buyer at closing
177 00 Paid by Seller at closing
I78 U Assumed by Buyer.
179
180 H. Pending Special Assessments. [select one:J U BUYER SHALL ASSUME PAYMENT OF 00 SELLER SHALL PROVIDE FOR PAYMENT
181 OF special assessments pending as of the date of this Purchase Agreement for Improvements that have been ordered by the City Councilor other
M.S.B.A. Real Property Form No.1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 3
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governmental assessing authorities. (Seller's provision for payment shall be by payment into escrow of 1.5 times the estimated amount of the
assessments.) . As of the date of this Purchase Agreement, Seller represents that Seller has not received a Notice of Hearing of a new public
Improvement project from any governmental assessing authority, the costs ofwhlch project may be assessed against the real property. If a special
assessment becomes pending after the date of this Purchase Agreement and before the Date of Closing, Buyer may, at Buyer's option:
(1) Assume payment of the pending special assessment without adjustment to the purchase price of the real property; or,
(2) Require Seller to pay the pending special assessment (or esCrow for payment of same as provided above) and Buyer shall pay a
commensurate increase In the purchase price of the real property, which increase shall be the same as the estimated amount of the
assessment; or,
(3) Rescind this Agreement, in which case all earnest money shall be refunded to Buyer.
I. Deferred Special Assessments. [select one:J U BUYER / 00 SELLER shall pay on date of closing or provide for payment of any deferred
special assessments payment of which Is required as a result of the closing of this sale or the recording/filing of the Deed or Contract for Deed.
Provision for payment shall be by payment Into escrow of 1.5 times the estimated amount of the deferred special assessments.
J. All Other Levied Special Assessments. [select one:J U BUYER SHALL ASSUME PAYMENT OF / 00 SELLER SHALL PAY ON DATE
OF CLOSING all other special assessments levied as of the date of this Purchase Agreement, except deferred special assessments (covered at
Paragraph 7.1., above).
K. Taxes and Special Assessments in the Years Following Closing. Buyer shall pay real estate taxes payable in the years following ciosing
and special assessments payable therewith, the payment of which Is not othelWlse provided herein. Seller makes no representation concerning the
amount ofMure real estate !axes or of future special assessments.
8. DAMAGES TO REAL PROPERTY. Until completion of closing and delivery of possession, all risk of loss Is on Seller. If the real property is
damaged prior to closing, Seller shall give notice to Buyer within 3 business days after such damage has occurred. The notice shall include Seller's
proposal for repairing the damage. From the date that Buyer receives Seller's notice, Buyer shall have 3 business days to inspect the real property,
and an addillonal 2 business days to detennlne If the damages and Seller's proposal for repairs are acceptable to Buyer. If Buyer does not accept
Seller's proposals for repairs within the 2 day period, this Agreement Is cancelled and the earnest money shall be refunded to Buyer.
9. SEllER'S BOUNDARY UNE, ACCESS, RESTRICTIONS AND UEN WARRANTIES. Seller warrants that buildings, If any, are entirely within the
boundary lines of the real property. Seller warrants that there Is a right of access to the real property from a public right of way. Seller warrants that
there has been no labor or material furnished to the real property for which payment hes not been made. Seller warrants that there are no present
violations of any restrictions relating to the use or Improvement of the real property. Seller warrants that the real property is not subject to a lien for
Medical Assistance or other public assistance. Thasa warranties shall survive the delivery of the Deed or Contract for Deed.
10. CONDITION OF THE REAL PROPERTY.
A. Statutory Disclosure. Pursuant to Minnesota Statutes Sections 513.52 - 513.60, Seller must provide a wrillen disclosure [see (1) below], or
Buyer must have received an inspection report [see (2) below], or Buyer and Seller may waive the wrillen disclosure requirements [see (3) below].
Minnesota Statutes Section 513.57, Subd. 2. LlABlUTY. A sollerwbo fails to make a disclosure as required by Sections 513.52 to 513.60 and was aware
ofllllllerial facts pertaining to the real property is liable to the prospective buyer. A person injured by a violation of this section may bring a civil action
and recover damages and receive other equitable retief as dell:n:nined by the court An action under Ibis subdivision must be commenced within two years
after the date on whicb the prospective buyer closed the pun:base or transfer of the real property.
[SeIer:! only one of these three:J
U (1) Seller's Disclosure. Seller has provided a written disclosure to Buyer. A copy of Seller's disclosure is allached Seller shall correct
In writing any inaccuracies in the disclosure as soon as reasonably possible before closing.
Minnesota Statutes Section 51355. GENERAL DISCLOSURE REQUIREMENTS.
Subdivision I. CONTENTS.
(a) Before signing an agreement to seU or tnmsfer residential real property, the seUer sball make a written disclosure to the prospective buyer. The
disclosure must include all material facts ofwbicb the seller is aware that could adversely and significantly affect
(1) lID ordinary buyer's use and enjoyment of the property; or,
(2) any intended use of the property ofwbicb the seUer is aware.
(b) The disclosure must be made in good faith and based upon the best of the seller's knowledge at the time of the disclosure.
Minnesota Statutes Section 513.58. AMENDMENTTO DISCLOSURE.
Subdivision I. NOTICE. A seUer must notify the prospective buyer in writing as soon as reasonably possible, but in any event before closing, if the seUer
learns that the seUer's disclosure Rlquired by Section 513.55 was inaccurate.
Subdivision 2. F All..URE TO NOTIFY; LIABILlTY. A sellerwbo fails to notify the prospective buyer ofany amendments to the initial disclosure required
under subdivision 1 is liable to the prospective buyer as provided in Section 513.57.
U (2) Inspection Report. Buyer has received an inspection report by a qualified third-party. If a copy of the Inspection report Is provided to
Seller, Seller shall disclose to Buyer material facts known to Seller thai contradict any Infonnation in the inspection report.
Minnesota Statutes Section 513.56 Subd.3. INSPECTIONS.
(a) Except as provided in Paragrapb (b), a seller is not required to disclose infonnation relating to lbe physical condition of the real property ifa written
report thatdiscloses the infmmation bas been prepan:d by aqualified third party and provided Ix> theprospective buyer. For purposes oflbis paragraph,
"qualified third party" means a federal, state, or local governmental agency, or any person wbom the soller, or prospective buyer, reasonably believes
bas the expertise necessary to meet the industry standards of pIlIctice for the type of inspection or investigation that bas been conducled by the third
party in order to prepare the wrillen report.
(b) A seUer sball disclose to the prospective buyer material facts known by the sell... that cootradict any information included in a written report under
ParagIBpb (a) if a copy of the report is provided to the seller.
lKl (3) Waiver of Disclosure.
Minoesota Statutes Section 513.60. WAIVER The written disclosure Rlquired under Sections 513.52 Ix> 513.60 may be waived if the seller and the
prospective buyer agree in writing. Waiver of the disClosure required under Sections 51352 to 513.60 does not waive,limit, or abridge any obligation
for seller disclosure created by any other law.
Seller and Buyer waive the written disclosure required under Sections 51~'52 0 3.60. .
SELLER: BUYI;Rl=-~&4..... A"""
( " il ~
\ ~ '/ .
SELLER: B~~ AL .
).
I /
NOTICE REGARDING PREDATORY OFFENDERS: Infonnation about the predatory offender regi / ~~d persons regislered with the registry
may be obtained by contacting the local law enforcement agency nr by contacting the Minnesola Department of Corrections at 651-642-0200 or
et http://www.doc.state.mn.us.
274
M.S.B.A. Real Property Form No.1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aoreement PURCHASE AGREEMENT I PAGE 4
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B. WELL DISCLOSURE. [Check one of the following: J
00 Seller certifies that Seller does not know of any wells on the real property and will so certify on the Deed or Contracl for Deed delivered at
closing.
U Wells on the real property are disclosed by Seller on the attached M.S.BA Real Property Form No. 21 (2005), Well Disclosure Statement.
C. SEWAGE TREATMENT SYSTEM DISCLOSURE.
[Checlr either (1) or (2):J
00(1). Seller certifies that sewage generated at the property goes 10 a facility permitted by the Mlnnesota Pollution Control Agency (for example,
a city or municipal sewer system).
U(2). Seller certifies that sewage generated at the property does not go to a facility permitted by the Minnesota Pollution Control Agency and
Seller's Disclosure of IndMduaJ Sewage Treatment System Is attached (attach form).
[Check either (3) or (4):J
00(3). Seller does not know if there is an abandoned Individual sewage treatment system on the property.
U(4). Seller knows that there [strike one:] are I are no abandoned Individual sewage treatment systems on the property. If Seller discloses the
existence of an abandoned indMdual sewage treatmenl system on the property, then Minnesota law requires that the location of the
system be disclosed to Buyer with a map. [Attach Seller's Disclosure of Individual Sewage Treatment System with map completed.J
D. LEAD PAINT DISCLOSURE. [Check ona of tha following: J
_ Seller represents that the clwelllng was construcled on the real property In 1978 or later.
.JL Seller represents that the dwelllng was construcled on the real property before 1978. (If such housing Is located on the real property,
attached and made a part of this Purchase Agreement Is M.S.B.A. Real Property Form No. 11 (1996), LEAD PAINT ADDENDUM FOR
HOUSING CONSTRUCTED BEFORE 1978.)
E. HAZARDOUS SUBSTANCES, PETROLEUM PRODUCTS, AND UNDERGROUND STORAGE TANKS. Seller knows of no hazardous
substances or petroleum products having been placed, stored, or released from or on the real property by any person In violation of any law,
nor of any underground storage tanks having been located on the real property at any time, except as follows:
BanI< has no knowledge
If the presence of underground storege tanks Is disclosed, then this paragreph epplles: Seller hereby represents and warrants to Buyer that all
of the underground tanks known to seller on the subject property have been disclosed to Buyer on the attached drawing or map. Seller shall
provide at closing the affidavits required by Minn. Stat. Sections 115B.16, Subd. 2, and 116.48lf applicable to the subject property and record
an affidavit attesting to the location of any underground tenks which are used for the storage of petroleum products.
F. PROTECTED SITES. Seller has no knowledge that the property hes any conditions that are protected byfedersl or state Jaw (such as American
Indian burial grounds, other human burial grounds, ceremonial earthworks, historical slruclures or materials, or archeological sites). [Check
the box If the following proVision applies to this Purchase AgreementJ U ADDENDUM TO PURCHASE AGREEMENT: SURVEY,
APPRAISAL, DEVELOPMENT EVALUATION, AND ARCHEOLOGICAL I HISTORICAL SURVEY, M.S.B.A. Real Property Form No. 17 (2005),
is Included as an addendum to this Purchase Agreement.
G. DISEASED TREES. Seller has not received any notice from any 90vernmentel authority as to the existence of, and Seller has no knowledge
of, any Dutch elm disease, oak will, or other disease of any trees on the real property.
H. MECHANICAL SYSTEMS. Seller represenls that all fixtures, heating and air conditioning equipment, fireplaces (including mechanisms,
dampers, flues, and doors), wiring, and plumbing used and located on the real properly will be in working order on the Date of Closing. For the
purposes of this Purchase Agreement, 'in working order" means that the Item functions for the purpose that It Is Intended to perform, that it is
not In vloletlon of eny public codes or regulations (although it may be legally nonconforming under current law), that It does not presentiy need
replacement, cleaning, repairs orservice, that it is not missing any essential parts, and thalils only Imperfections are 'cosmetlc' or signs of "wear
and tear" associated with a product of lis age.
I. WET BASEMENT. Seller [stnb oneJ Res I Res-flet had a wet basement.
J. ROOF. Seller [strike oneJ Res I ""!HISt had a leeky roof.
K. UTIUTlES CONNECTIONS. Seller represents that the property is connected to:
city sewer [strike oneJ YES f NG; city water [stnke oneJ YES I NQ:- cable communications [strike oneJ'Ri:&1 NEl-.
L. CLEAN CONDmONS. Sellershall remove all debris, trash, rubbish, garbage, rubble, and yard waste from the land before the possession dale.
Seller shall remove all trash, garbage, and miscellaneous discarded materials from the bulldlngs, and shall leave the buildings in "broom clean"
condition before the possession date. Seller shall remove all personal property not included In this sale from the real property before possession
date.
M. BUYER'S INSPECTIONS. Buyer may have inspections of the property conducted prior to croslng. [Check the box if the following provision
applies to this Purchase AgreementJ U ADDENDUM TO PURCHASE AGREEMENT: BUYER'S HOME INSPECTION CONTINGENCY,
M.S.B.A. Real Property Form No. 18 (2005), is included as an addendum to this Purchase Agreement
N. METHAMPHETAMINE DISCLOSURE. [Check only one box, either (1) or (2).J
00 (1) To the best of Seller's knowledge, mathamphetamlne production has not occurred on the property.
U (2) To the best of Seller's knowledge, methamphetemlne production has occurred on the property and Seller's disclosure is continued
In Part B., METHAMPHETAMINE DISCLOSURE STATEMENT, M.S.BA. Real Property Form No. 22 (2005), included as an
eddendum to this Purchase Agreement.
O. WARRANTIES SURVIVE CLOSING. Seller's warranties and representations contained In this Paragraph 10., shall survive the delivery of the
Deed or Contracl for Deed.
This Paragraph 10., shall not change or atfecl any rights that Buyer might have under the Uniform Comrnerclal Code [MInn. Stat. Sectlon336.2-312],
or under Minnesota's 'Preventlon of Consumer Fraud AcI" [Minn. Stat. Sections 325F.68 - .70), or under Minnesota's "Homeowners Warranty Act"
[MInn. Stat. Chapter 327A]; nor shall it preclude Seller's liability for an action for freud, negligent misrepresentation, or other actions ellowed by law
[MInn. Stat. Section 513.57.]
11. DISCLOSURE OF NOTICES. Seller has not received any notice from any govemmental authority as to violation of any law, ordinance or regulation
affecting the real property. If the real property is subJecl to restrictive covenants, Seller has not received any notice from eny person as to a breach
of the covenants. Seller has not received any notice from eny governmental authority concerning any eminent domain, condemnetion, special taxing
districl, or rezoning proceedings.
12. TRUTH..fN-HOUSING. Buyer acknowledges receipt of the Truth-In-Housing Disclosure Report or other inspection report if required by the
municipality In which the real property Is located.
13. POSSESSION. Seller shall deliver possession of the property notlaler than Immediately after closing.
All Interest, fuel oil, liquid petroleum gas, and ail charges for city water, city sewer, electricity, and natural gas shall be prorated between the parties
as of the day of closing
M.S.B.A. Real Property Form No.1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 5
368 14. MLE.
369 A. ABSTRACT AND EXAMINATION OF TITLE. To demonstrate that Seller's title Is good and marketable of record, within a reasonable time after
370 acceptance of this Purchase Agreement, Seller shall fumish Buyer with an Abstract of Title [see B., below] or a Registered Property Abstract certified
371 to date including proper saarches covaring bankruptcies and state and federal judgmenls, federal courtjudgmentllens In favor of the U.S., liens,
372 and levied and pending spacial assessments. Buyer shall have ten business days after receipt of the Abstract ofllUe or Registered Property Abstract
373 either to have Buyer's lawyer examine the title and provide Seller with written Title Objactions or, at Buyer's own expense, to make an application
374 for a tiUe Insurance policy and nouty Seller of the appllcatlon. Buyer shall have ten business days after recelp1 of the Commitment for Title Insurance
375 to provide Seller with a copy of the Commitment and written Title Objections. Buyer shall be deemed to have waived any Title Objections no1 made
376 within the ten day period above, except that this shall not operate as a waiver of Seller's covenant to deliver a statutory Warranty Deed, unless a
377 Warranty Deed is not specified above. If Buyer obtains title Insurance, Buyer is not waiving the right to obtain a good and marketable title of record
378 from Seller.
379 For the purposes of this Agreement, an "Objection to Tltie' or "Titie Objection" Is some title mailer which fails to pass a title examination based
380 upon Minnesota law and the Minnesota Title Standards promulgated by the Real Property Section of the Minnesota State Ber Association thereby
381 rendering the title unmarketable and Is a title matter which requires a remedial response by the Seller prior to or at closing.
382 An 'Exception to Title" or "Title Exception" Is some title matter which passes a title examination based upon Minnesota law and the Minnesota Title
383 Standards; Is generally regarded by title examiners as not rendering the title unmarketable and, which, because of lis nature, Is genarally disclosed
384 by title examiners to the recipient of tha title opinion or title Insurance commitment
385
386 B. ABSTRACT LOST OR UNAVAILABLE: TITLE INSURANCE BY SELLER. if Seller is unable to find the Abstract of Tille or if Seller did not
387 receiva an Abstract of Title when Seller purchased the Proparty, then, to demonstrate that Sellar's title Is insurable for marketability and subject to
388 only those matters disclosed at Paragraph 6., abova, within a reasonable time after acceptance of this Agreement, Seller shall furnish Buyer with
389 a Commltment for Tille Insurance including proper searches covering bankruptcies and state and federal judgments, federal court judgment liens
390 In favor of the U.S., liens, and levied and pending special assessments. [Seller: see Advisory below.] The Commltment shall be obtained from
391 (select one:J
392 U The title Insurer of Buyer's choice; or,
393 00 The same title insurer that issued tltie insurance to Seller so that Saller may obtain a reissue credit from the Insurer.
394 The Commitment shall contain the insurer's requirements fur deleting these exceptions in Ihe owner's policy (except for those matters accepled by
395 Buyer in this Agreement):
396 (1) Rights or claims of parties in possession, not shown by the public records
397 (2) Eesements, or claims of easements, not shown by the public records:
398 (3) Discrepancies, conflicts In boundary lines, shortage in area, encroachments, and any facts which a correct survey and Inspection of the
399 premises would disclose and which are not shown by the public records: and,
400 (4) Any lien, or right to a lien, for services, labor ormaterlal furnished, Imposed by law and not shown by the public records.
401 Sellershall provide to Buyer and to the title insurer all documents [except a survey, unless Seller Is required by other provisions of this Agreement
402 to provide a sUlvey] necessary to enabla the tltie Insurer to delete these axceptions from the owner's policy of title insurance. Buyer shall have 10
403 business days after receipt of the Commitment for Title Insurance to provide Seller with a copy of the Commitment and written Title Objections. Buyer
404 shall be deemed 10 have waived any Title Objections not mede within the 10 day period above, except that this shall not operale as a waiver of
405 Seller's covenant to deliver a statulory Warranty Deed, unless e Warranty Deed is not specified above. By agreeing to receive title Insurance In lieu
406 of an Abstract, BuyllJ' is nol waiving the right to obtain a good and marketable titie of record from Seller. (Buyer: see Advisory below.]
407 Select one of the following:
408 U The CommllrilentshaU be accompanied by, at Seller's expense, the Insurer's agreement (or the separate agreement of a Mlnnesota-licensed
409 abstracter) to provide Buyer with an Abstract of Tille at any time in the future. The abstract to be provided shall be at no cosl to Buyer for
410 all abstracting through the date of recording of the instrument of conveyance contemplaled by this Purchase Agreement. Seller shall pay
411 all commltmant, abstracting,. examination, searches, and title insurance costs, Including the premium for the owner's policy and excluding
412 the premium for the lendar's policies.
413 00 The Commitment will not include the Insurer's or abstracter's agreement to provide Buyer with an Abstract oflitie at any time at no cosl to
414 Buyer. Seller shall pay all commitment, abstracting, examination, searches, and tiUe insurance costs Including the premiums for the owner's
415 and the lender's policy.
416 ADVISORY TO SELLER: You should consult with your lawyer about the comparatlvacosts of paying an abstract company to produce a
417 new Abstract of Title venius paying the Buyer's title Insurance costs. In many Minnesota counties, it Is less expensive to obtain a new
418 Abstract. ..
419 ADVISORY TO BUYER: You should consl.dt wltltyotil' laWyer about the relative merltsofreceivlrig an Abstract of Title versus receiving
420 a titie Insurance policy, As a future seller oftha same prop~rty. you likely will be asked to give your buyer an Abstract. If your Seller does
421 not obtain the title Insurance endorsement for future production of an Abstract, you might be facing a large expense when you sell.
422
423 15. TITLE CORRECTIONS AND REMEDIES. Sallershall have a limited time, from receipt of Buyer's written Title Objections, to make tllle marketable.
424 Upon receipt of Buyar's Title Objactions, Seller shall, wilhin ten business days, give Notice to Buyer of Seller's intention to make title marketable within
425 the tille-clearing cure period selected In C.(1) or C.(2) below. Uens or encumbrances for liquidated amounts which can be released by payment or
426 escrow from proceeds of closing shall not deleythe closing. Cure of the defects by Seller shall be reasonable. diligent, and prompt. Pending correction
427 of title, all payments required herein and the dosing shall be postponed.
428
429 As an a1tamative to making tilla good and marketable of record, Saller may, within the ten day Nollce period, make a written, dated offer to Buyer to
430 obtain titla Insurance for Buyer with Insuring provisions acceptable to Buyer (and, if applicable, Buyer's lender), as follows:
431 . Seller may procure, at Seller's expense, an owner's policy of titie insurance, from an insurerreglslered and licensed to do business in Minnesota
432 and acceptable to Buyer, specifically insuring over the Title Objections; or,
433 . If the Tille Objections are stated In a title Insurance commitment which Buyer has obtained, Seller may provide tha Insurer with such documents
434 and escrows as are necessary to allow the Insurer to specifically insure over the Tltie Objections and agree to pay all of the insurer's charges
435 for Issuing the owner's policy to Buyer.
436 Under either of these title insuring alternatives, "at Seller's expense' and 'pay all of the insurer's charges" mean that Seller will pay all title Insurance
437 commitment and policy premium charges, search charges, pial drawing fees, and any other charge by the insurer 10 Issue the owner's policy, but not
438 the premium for a lender's policy, if any. If Buyer accepts Seller's offer of an insurable title, then In this Purchase Agreemenl, "making title marl<etabla'
439 shall mean "making title Insurable: in the manner described above. Buyer is under no obligation 10 accept Seller's offer of an insurable title in lieu
440 of a good and marketable title of record, but, If Buyer does not reject Seller's offer of an insurable title within three (3) business days of raceivlng Seller's
441 offer, Buyer shell be deemed to have accepted Seller's offer of an Insurable title. If Buyer rejects Seller's offer to make titie Insurable, Seller shall then
442 make titie good and marl<atable of record and shall be subject to the provisions ofthls agreement for failure to timely present good and marketable
443 title of record.
444 A. If Notice is given and Seller makes titie marl<etable, then upon presentation to Buyer and proposed lender of documentation establishing that
445 title has been made marketable, and if not objected 10 in writing and within 5 business days of receipt of Seller's documentation, the closing shall
446 lake place within ten business days or on the scheduled closing dale, whlchevar is later.
447 B. If Seller does not give Notice oflntention to make title marketable within ten business days aller receipt of Buyer's Title Objections, this Purchase
448 Agreement is canceled and the eernest money shall ba refunded to Buyer.
449 C. Selection of TllIe.clearing Cure Period. (C.(1) and C.(2) are alternative remedies. ONLY ONE OF THEM CAN APPLY FOR THIS
450 PURCHASE AGREEMENT. Ifeitherpartycannotenduremore than a 30 to 45 day delay for the closing, select C.(1). If both parties can
451 endure a longer delay for the closing, select C.(2). SELECT ONL Y C.(1) OR C.(2);J IF THE PARTIES DO NOT SELECT C.(1) OR C.(2),
452 BY CHECKING ONE OFTHE BOXES BELOW, THEN C.(1 ) AUTOMATICALLY APPUES AS A TERM FOR THIS PURCHASE AGREEMENT.
453 00 C.(l) Is selected as e remedy for this Purchase Agreement
454 (1) Seller shall have 30 days from receipt of Buyer's written Title Objections or until the Date of Closing, whichever date Is later, 10 make title
455 marketable. If Notice is given but the stated period expires without title being made marketable, Buyer may:
456 (a) Cancel this Purchase Agreement by notice to Seller pursuant to Minn. Stal. Section 559.217, Subd. 3 (allowing Seller a 15 day right
457 10 cure) and neither party shall be liable for damages hereunder to the other, and the earnest money shall be refunded to Buyer; or,
458 (b) Bect 10 take title subject 10 some or all of the Tille Objections.
4S9 U C.(2) is selected as a remedy for this Purchasa A9reemenL
460 (2) Seller shall have [select oneJ 60 190 1120 days from receipt of Buyer's written Title Objections or until the Date of Ciosing, whichever
461 dale Is later, to make title marketable If Notice is given but the stated period expires without title being made marketable, Buyer may seek,
462 as permitted by law, one or more of the following:
M.S.B.A. Real Property Form No.1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aqreement PURCHASE AGREEMENT I PAGE 6
463 (a) Pro.ceed to closing without waiver or merger In the Deed of the Objections to litle and without waiver of any remedies, and may:
464 (I) Seek damages, costs, and reasonable lawyer's feas from Seller as pennltted by law (damages under this subparagraph (1) shall
465 be Umlted to the cost of curing Objections to liUe, and consequential damages are excluded); or
466 (II) Undertake proceedings to correct the Objections to litle;
467 (b) Rescission of this Purchase Agreement Iiy notice to Sener, in which case all earnest money paid shall be refunded to Buyer;
468 (c) Damages from Seller together with costs and reasonable lawyer's fees, as permitted by law;
469 (d) Specific performance within six months after such right of action arises, Including costs and reasonable lawyer's fees;
470 (e) CancellaUon of this Purchase Agreement pursuant to Minn. Stat. Section 559.217, Subd. 3 (allowing Seller a 15 day right to cure).
471
472 D. IfUtle is marketable, or Is made marketable as provided herein, and Buyer defaults in any of the agreements herein, Seller may elect either of
473 the fonowing options, as permitted by law:
474 (1) Cancel this Purchese Agreement pursuant to either Minn. Stat. Section 559.21 or Section 559.217, Subd. 3, and retain an payments made
475 hereunder as IIquldeted damages. [Not..: Under faderallaw, Seller might not be able to legally claIm or retaIn the earnest money under
476 purchase agreements where Buyer applies for but is unable to secure F.H.A. or D. V.A. mortgage financing.] The parties acknowiedge their
477 intention that any note given pursuant to this conlract Is a down payment note, and may be presented for payment notwithstanding
478 cancellation;
479 (2) Seek specific performance within six months aller such right of action arises, Including costs and reasonable lawyer's fees, as permitted by
480 law.
481 E. If title Is merketable, or is made marketable as provided herein, and Seller defaults in any of the agreements herein, Buyer may, as permitted
482 by law:
483 (1) Seek damages from Seller including costs and reasonable lawyer's fees;
484 (2) Seek specific performance within six months afler such. right of action arises, including costs and reasonable lewyer's fees;
485 (3) Cancel this Purchase Agreement pursuant to Minn. Stat. SecUon 559.217, Subd. 3 (atlowing Seller a 15 day righllo cure) and neither party
486 shan be liable for damages hereunder to the other, and the earnest money shall be refunded to Buyer.
487
488 NOTE: Ifthls Purchase Agreement Is canceled using Minn. Stat. Section 559.217, contract provisions and statutory provisions for refunding
489 of the earnest money to Buyer might be In conflict.
490
491 16. NOTICES. All notices required herein shall be In wriUng and delivered personally or mailed to the address as shown at Paragraph 1 above and,
492 If mailed, are effective as of the dete of mailing.
493
494 17. SUBDMSION OF LAND. If this saie constitutes or requires a subdivision of land owned by Seller, Seller shall pay all subdivision expenses and
495 obtain all necessarygovemmental approvals. Seller warrants that the legal descripUon of the real property to be conveyed hes been orwl1l be approved
496 for recording as of the Date of Closing.
497
498 18. MINNESOTA LAW. this conlract shall be governed by the laws of the State of Minnesota.
499
500 19. WETLANDS, SHORELAND, AND FLOOD PLAIN CONCERNS. Unless disclosed as "a material facl 'that could adversely and slgnlficanUy affect
501 buyer's use and enjoyment of the Property or any intended use of the Property, current law does not require Seller to disclose Seller's knowiedge, if
S02 any, of the exlstence of weUands, shoreland, orflood plain on or affecUng the real property. If Buyer has not already Investigated these concerns, Buyer
503 might want to Include Seller's disclosures regerding these concerns. [Check the box if the following provision epplies to this Purchase Agreement]
504 U ADDENDUM TO PURCHASE AGREEMENT: WETLANDS, SHORELAND AND FLOOD PLAIN DISCLOSURE, M.S.BA. Real Property Form
505 No.8 (1997), Is included as an addendum to this Purchase Agreement.
506
507 20. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and representations in this Purchese Agreement by executing end
508 delivering a Minnesota Uniform Conveyenclng Blank [Form No. 116-M, 117-M, or 118-M] AfIldavlt of Seller. Seller's AffIdavit shall Include Seller's
509 representation that no encumbrances have been placed on the property since the date of this Purchase Agreement.
510
SlI 21. CLOSING. Closing shall be at the office of Seller's lawyer, Buyer's tltie Insurer, or at some other mutually agreeable location.
512
513 [State other location:] Seller's selected lIt1e company and closer: First American TItle Company - Branch to be determined
514 At closing, Seller and Buyer shall disclose their Social Security Numbers or Federal Tax IdenllflcaUon Numbers for the purposes of completing state
515 and federal tax forms. .
516
517 CLOSING COSTS. The costs of closing, if not determined by other provisions of this Agreement, shall be paid as follows.
518 A. SELLER'S COSTS. Seller shall pay the following at closing:
519 1. Document preparaUon costs, recording fees, and deed taxes for documents necessary to establish good and marketable tille in Seller.
520 2. Document preparaUon costs, certified copy fees, and recording fees to establish the authority of the perspn acting on behalf of Seller.
521 3. Document preparaUon costs for Seller's deed or conlract-for-deed, Certificate of Real Estate Value, Seller's affidavit, Well Disclosure
522 Certificate (if required), and any other documents necessary to transfer good and marketable tiUe by Seller's deed or conlract-for-deed.
S23 4. Deed lax on Seller's deed and the Agricultural ConservaUon deed tax charged under Minn. Stal Section 4OA.152.
524 5. Fees payeble to Seller's lawyer or to a closer rtiUe closer"] for conducting the title-transfer portion of the closing. If Seller Is not providing
525 a lawyerorUUe closer for the tille-lransfer portion of the closing and if Buyer is obtaining new mortgage financing and the closer's fee is not
526 separated Into a "title closing fee" and a "IOBn closing fee," then Seller shall pay one half of the closer's fee or $ 0 . whichever
527 amount is less.
528 6. And also the following costs:
529
530 nfa
531
532
533
534
535
536
537 B. BUYER'S COSTS. Buyer shall pay the following at closing:
538 1. Document preparation costs, recording fees. and mortgage registry taxes for documents necessary for Buyer's mortgage financing.
539 2. Document filing fee for a Well Disclosure CertIIlcale. If applicable.
540 3. The Agricultural Conservation deed lax on Buyer's mortgage deed charged under Minn. Stal SecUon 40A.152.
541 4. Loen closer's fee.
542 5. Recording fee for Deed, Conlracl for Deed, or other Instrument of conveyance where Buyer is the grantee.
543 6. And also the following costs:
544
545
546
547
548
549
550
M.S.B.A. Real Property Fonn No.1 (1994: Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aqreement PURCHASE AGREEMENT I PAGE 7
551
5S2
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22. ADDmONAL TERMS. See the attached addendum for addllional terms
[Drafter. consider issues of assignment and of succession-in-interest}
23. ADDENDA. Attachad are the following addenda which are made a part of this Purchase Agreement: [Check only those that are attached.]
FINANCING [Select only one financing addendum:}
U Financing Addendum for Conventional I Privately Insured Mortgage, M.S.BA Real Property Form No.2 (2004)
U Financing Addendum for FHA Insured Mortgage, M.S.BA Real Property Form No.3 (2004)
U Financing Addendum for VA Insured Mortgage, M.S.BA Real Property Form No.4 (2004)
U Financing Addendum for Seller Mortgage, M.S.BA Real Property Form No.5 (2005)
U FInancing Addendum for Contract for Deed, M.S.BA Real Property Form No.6 (2005)
U Financing Addendum for Assumplion, M.S.BA Real Property Form No.7 (2005)
DISCLOSURE AND CONTINGENCY:
U Addendum: Wetlands, Shoreland, and Flood Plain Disclosure, M.S.BA Real Property Form No.8 (1997)
U Addendum for Conlingent Sale or Purchase of Other Home(s), M.S.BA Real Property Form No.9 (1997)
U Lead Paint Addendum for Housing Constructed Before 1978, M.S.BA Real Property Form No. 11 (1996)
U Disclosure of Sewage Treabnent System, M.S.BA Real Property Form No. 14 (199B)
U Condition of Property, M.S.BA Real Property Form No. 15 (2005)
U Addendum to Purchase Agreement: Survey, Appraisal, and Development Evaluation, M.S.BA Real Property Form No. 17 (2005)
U Buyer's Home Inspection Contingency, M.S.BA Real Property Form No. 18 (2005)
U Well Disclosure Statement, M.S.BA Real Property Form No. 21 (2005)
U MethamphetamIne Disclosure Statement, M.S.BA Real Property Form No. 22 (2005)
TITLE ISSUES:
U Addendum to Purchase Agreement: Title Issues, M.S.SA Real Property Form No. 19 (2005)
U Addendum to Purchase Agreement: Tenants and Parties In Possession, M.S.SA Real Property Form No. 20 (2005)
COMMON INTEREST COMMUNITY:
U Addendum to Purchase Agreement: Common Interest Community, M.S.BA Real Property Form No. 12 (2004)
Others:
24. TIME IS OF THE ESSENCE. Time Is of the essence for all provisions of this Purchase Agreement
25. MULTIPLE ORIGINALS. Seller and Buyer have signed [number]
originals of this Purchase Agreement.
605
606
6D7
608
THIS IS A LEGALLY BINDING CONTRACT. BEFORE SIGNING. CONSULT A LAWYER. Minnesota law permits licensed real estate
brokers and sales agents to prepare purchase agreements. No recommendation or representation may be made by any real estate
broker or sales agent as to the legal sufficiency, the legal effect, or the tax consequences of this contract These are questions for
your lawyer.
I agree to sell the property for the price and terms and conditions set forth
above.
SELLER:
3 o/b?
(date)
~Yd;,l
(dale) /
(dale)
SELLER:
(date)
This Purchase Agreement was prepared by:
Keller Williams Integrity Realty - Lentz Team Associates - Rob Lentz - Broker of Record
M.S.B.A. Real Property Form No.1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 8
Others who will assist Seller or Suuer with this transact/on:
Lawyer for City of Farmington (Buyer) Telephone: Facsimile:
Usting Agent and Broker for this transaction are:
Rob Lentz (Broker) - Keller Williams Integrity Realty Telephone: 651-332-7700 Facsimile: 651-379-2833
Setling Agent and Broker for this transaction are:
Rob Lentz (Broker) - Keller Williams Integrity Realty Telephone: 651-332-7700 Facsimile: 651-379-2833
Buyer's or Lender's Title Insurer:
nla Telephone: Facsimile:
M.S.B.A. Real Property Form No, 1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 9
PERSONAL PROPERTY AGREEMENT
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This Personal Property Agreement is a supplement to the Purchase Agreement to which itis attached. Seller's obligation to transfer title to the personal
property is contingent upon e successful c1osln9 and transfer of the reel property title 10 Buyer according to the terms of the foregoing Purchase
Agreemenl
A. PERSONAL PROPERTY INCLUDED IN THE SALE PRICE OF THE REAL PROPERTY. These Items of personal property are included in the
price shown for the real property in the foregoing Purchase Agreement.
nfa
B. PERSONAL PROPERTY PURCHASED SEPARATELY. The following items of personal property owned by Seller and currently located on the
real property shall be purchased by Buyer althe price shown for each lIem. These items are not Included In the price shown for the real property
in the foregoing Purchase Agreement and shall be paid for at closing.
nfa
orice:
orice;
orice:
orice:
orice:
orice:
orice:
orice:
orice:
orice:
orice:
orice:
orice:
orice:
orlce:
orice:
orice:
orice:
TOTAL PRICE:
$0.00
[Salect only one of the fof/owing:]
LJ Buyer will accept the property 'as Is" in Its condition at the time of closing.
LJ Seller warrants that these lIems of personal proparty will be in woridng order on the day of closing.
For the purposes of this Personal Property Agreement, "In woridng order" means that the item functions for the purpose that it is Intended to perform.
that Ills not in violation of any public codes or regulations (although it may be legally nonconforming under current law), that it does not presently need
replacement, cleaning, repairs or servlce,that it Is not missing any essential parts, and that its only imperfec1lons are 'cosmetlc" or signs of "wear and
tear" associated with a product of its age. Seller's warranties and representatlons contained in this Personal Property Agreement shall survive the
delivery of the Deed or Contract for Deed and any Bill of Sale for the personal property. Any notice ofa defect or cleim of breach of warranty as to
"in working order" must be In writing and must be given by Buyer 10 Seller within 30 days of the Date of Possession or be deemed waived.
Trtle to personal property passes to Buyer by a bill of sale. Upon delivery of the Deed, Seller shell deliver a Bill of Sale containing warranties of title
for the ebove personal property. Seller shall use M.S.B.A. Real Property Form No. 90 (2005), Warranty BlII of Sale or a similar form containing the
following warrantles of title: 'Seller warrants that Seller Is the owner of the personal property described above; the personal property is free from ell
liens. claims and encumbrances (except as listed above); and that Seller hes the right to sell and transfer title to and possession of the personal
property to Buyer. Seller warrants and shall defend Buyer's title to the personal property against eny and all persons who claim any interest through
Seller's Interest In the personal property described above, subject only to the liens. claims and encumbrances listed above." These warranties are
not intended to change or limit the warranties of Minn. Sial Section 336.2-312 or to alter the remedies available to Buyer under Minn. Sial Sec1lons
325F.68 -.70.
At closing or prior to closing, Seller shall provlda for payment of, satisfaction of, or release of any existing liens, claims, or encumbrances on the
personal property, except for the following encumbrances which Buyer accepts or assumes pis! here]:
This supplement page Is initialed contemporaneously with the signing of the purchas~nl GtL.., / ,
INITIALS: Sellers Buyers ....
J
M.S.B.A. Real Property Fonn 'No. 1 (1994; Rev. 1996; Rev. 1997; Rev. 2002; Rev. 2004; Rev. 2005)
Minnesota Standard Residential Purchase Aareement PURCHASE AGREEMENT I PAGE 10
Supplemental Page
Addendum to Purchase Agreement for 20780 Akin Rd, Farmington
Line 22 to read: The obligations of Buyer under this Agreement are expressly
contingent upon Buyer determining on or before the Closing Date that it is satisfied, in its
sole discretion, with the results of and matters disclosed by any Phase I and/or Phase II
environmental audit and/or other environmental/engineering investigation or testing of
the Property by the Buyer or its agent, completed at Buyer's expense. By executing this
Agreement, Seller hereby authorizes Buyer to. enter upon the Subject Property at
reasonable times to conduct the investigations and/or tests described herein. If the Buyer's
Contingency has not been satisfied on or before the Closing Date, then Buyer may, at
Buyer's option, extend the Closing Date up to 30 days in order to satisfy the Buyer's
Contingency or terminate this Agreement by giving notice to Seller on or before the
Closing Date, The contingency set forth in this section is for the sole and exclusive
benefit of Buyer, and Buyer shall have the right to waive the contingency by giving
notice to Seller.
Add to No. 22 as an Additional Term:
Seller agrees that the Purchase Price is inclusive of any and all amounts for
relocation expenses, and Seller agrees that by acceptance of the consideration
provided for herein, Seller releases and discharges the City of Farmington,
Minnesota, and its officers, employees, agents, successors and assigns, of and
from any and all liability and claims, at law or in equity, and under any state or
federal law, for relocation expenses or real and personal property taken, including
damages, interest, and costs, arising out of or in connection with the acquisition of
the Property. Buyer and Seller (and any affiliate of Seller in possession of the
Property) shall, contemporaneously with execution of this Agreement, enter into
an Agreement Regarding Waiver, Payment and Assignment of Relocation
Benefits substantially in the form attached hereto as an Addendum.
Attach as an Addendum:
Agreement Regardin{2: Waiver. Payment and Assignment of Relocation Benefits
TIllS AGREEMENT REGARDING WAIVER AND ASSIGNMENT OF
RELOCATION BENEFITS (this "Agreement") is made as of the _ day of April,
2005, by and among CHASE BANK (collectively, "Seller"), the CITY OF
FARMINGTON, a Minnesota municipal corporation ("Buyer"),
RECITALS
Seller and Buyer entered into a purchase agreement (the "Purchase
Agreement") dated as of . 2007, related to certain property in
Farmington, Minnesota.
Seller has been advised of its rights and payments that Seller may be
eligible to receive pursuant to the Uniform Relocation Assistance Act (the "Act").
Seller acknowledges it has sought and received the advice of legal counsel
and has been specifically advised as to relocation, moving, reestablishment, and other
costs that may be available to the Seller under the Act.
Seller and Buyer desire to enter into this Agreement to confirm their
understanding of the Seller's waiver, sale and assignment of any claim for any relocation
benefits and/or other relocation costs due or payable to Seller, whether pursuant to the
Act or otherwise,
NOW, THEREFORE, for good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, the parties hereto do hereby agree as
follows:
1. Effective as of the date hereof, Seller hereby acknowledges that the
payment of the Purchase Price includes payment for Relocation Benefits and hereby
waives any right to receive any additional relocation payments pursuant to the Act (or
other federal or state law provisions) with respect to the Property.
2. Effective as of the date hereof, Seller hereby sells, transfers and
assigns to Buyer any benefits, payments, claims, or other rights due or payable to Seller
pursuant to the Act (or other federal or state law provisions) with respect to the Property.
3. Seller acknowledges that it has freely waived such rights of its own
volition.
4. Seller acknowledges that it has waived such rights with full
knowledge of the specific relocation benefits to which it would otherwise be entitled.
5. This Agreement may be executed in any number of counterparts,
each of which shall be an original, but all of which together shall constitute one
instrument.
6. This Agreement shall be null and void if the Purchase Agreement
shall terminate or if Closing under the Purchase Agreement shall fail to occur for any
reason.
IN WITNESS WHEREOF, this Waiver of Relocation Benefits Agreement
has been executed by the parties hereto as of the day and year first above written.
SELLER:
CHASE BANK
By:
Its:
BUYER:
Homec~!!lings Financial
A GMAC Company
HF Asset No: 0437917859
3/1 5/2007
HF Counter Offer / Addendum to Standard Purchase Contract
SECTION I
This is a Counter Offer Addendum ("Addendum") to the Standard Purchase Contract dated:
3/15/2007 ("Agreement") , on the "Property" known as: 20780 Akin Rd West.
Farminaton, MN 55024 ,in which City of FarminQton, MN, is referred to as "Buyer" and
JPMorQan Chase Bank As Trustee, is referred to as "Seller", and is hereby made a part of the
Agreement.
I. EFFECT OF AGREEMENTI ADDENDUM: In the event of any conflict between this Addendum and
the Agreement or escrow instructions or notice or other documents attached to this agreement (such as
the Standard State Purchase Agreement), the terms of this Addendum shall prevail except as otherwise
provided by law.
II. TERMS AND CONDITIONS
I. Purchase Price: Total purchase price of $194900 rOne hundred ninety four
thousand nine hundredl shall be paid to Seller in certified funds at the closing.
2. Initial Deposit: Immediately following Seller's acceptance of the HF Counter Offer 1 Addendum to the
Standard Purchase Contract, escrow will be opened by both parties with an escrow agent designated by
Seller. The "earnest money" deposited shall be in the amount of $5000, and submitted to escrow
within two (2) calendar days. A COPY OF THE DEPOSIT CHECK MUST BE SUBMITTED
WITH ADDENDUM. EARNEST MONEY DEPOSIT WILL BE MADE NON-REFUNDABLE
UNLESS WRITTEN DISAPPROVAL OF INSPECTION CONTINGENCY, LOAN CONTINGENCY
OR TITLE REVIEW IS RECEIVED BY SELLER, IN WRITING, WITHIN SPECIFIED TIME.
3. Contingencies: Buyer hereby affirms that the sale or refinancing of any real property owned by the
buyer is not a contingency of this agreement.
4. Finance Terms: The Purchase Contract (check one): _ is K is not contingent upon the Buyer obtaining
financing for the purchase of the Property. If the Agreement is contingent on financing, the type of
financing shall be the following (check one below):
Buyer Initials
a) If the Agreement is contingent upon financing, the Buyer shall present proof, satisfactory to the
Seller, of the Buyer's full credit pre approval for a mortgage loan in an amount and under terms
sufficient for the Buyer to perform his obligations under the Agreement. The prequalification shall
include, without limitation, a certification of prequalification (or a mortgage loan commitment) from
a direct mortgage lender. The Buyer's submission of proof of prequalification, satisfactory to the
Seller, is a condition precedent to the Seller's acceptance of the Agreement and failure of the Buyer
to provide such proof prior to the Seller's execution of the Agreement may nullify the Seller's
execution of the Agreement and render the Agreement null and void. The Buyer shall complete and
submit to a mortgage lender an application for a mortgage loan containing the terms set forth in this
paragraph within three (3) calendar days of mutual acceptance of this Counter Offer, and shall
employ diligent efforts to obtain a mortgage loan commitment within fourteen (14) calendar days of
mutual acceptance of this Counter Offer. If, despite the Buyer's diligent efforts, the Buyer cannot
obtain a mortgage loan commitment within such fourteen (14) calendar days, then either the Buyer
or the Seller may terminate the Agreement by giving written notice to the other party, and this
Agreement may be automatically terminated at the sole option of the Seller. In the event of the
termination by Buyer, the Buyer's notice to Seller must include a copy of the loan application, proof
of the application date, and a copy of the denial letter from the prospective lender. In the event of a
proper termination of the Agreement by Buyer under this paragraph, the earnest money deposit shall
be returned to the Buyer and the parties shall have no further obligation to each other under the
Agreement. The Buyer agrees to cooperate and comply with all requests for documents and
information from the Buyer's chosen lender during the loan application process. Failure of the
Buyer to comply with such requests from the Buyer's chosen lender that results in the denial of the
mortgage loan, or failure of the Buyer to provide proper notice to Seller in the event of termination
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 1 of 10 pages.
X(_)(_) X(_)
Buyer's Initials Seller's Initials
D:\common\brainreo\templales\marketing\HFcmrAddnd.doc
by Buyer, shall constitute a breach of the Agreement, and Seller shall be entitled to retain all earnest
money deposited by Buyer.
b) _ Conventional_ FHA _ V A: (The following terms only apply to the loan type that is checked.)
Seller shall pay a maximum of $Q, to be applied towards Buyer's non-recurring closing costs. Seller
shall pay other fees not allowed to be paid by Buyer, not to exceed $Q. Seller shall pay the cost of
Lender Required Repairs not otherwise provided for in this Agreement, not to exceed $Q. Seller
reserves the right to approve or disapprove of any requirements of an FHAN A appraisal. Impound
accounts, if required by Buyer's Lender, shall be established per term and condition of loan and/or
Lender and shall be paid by Buyer.
c) X Cash Offer: (If checked): The Agreement is not contingent upon financing. Buyer shall provide
Seller proof of liquid funds on deposit in the United States sufficient to close this transaction. Such
proof shall be provided prior to Seller's acceptance of this Agreement and shall be subject to Seller's
approval. Subject property shall remain on the market until Seller delivers executed contract to
buyer.
d) The Buyer is aware that the price and terms of this transaction were negotiated on the basis of the
type of financing selected by the Buyer. Any change as to the loan type, terms or a change in the
Buyer's lender after negotiations have been completed shall constitute a breach of the Agreement
and Seller shall be entitled to retain all earnest money deposited by Buyer.
5. TIME OF THE ESSENCE; CLOSING DATE; PER DIEM: This transaction shall close on or before
04/1612007, or within five (5) calendar days of the time periods provided under Paragraph II(8) of
the HF Addendum. TIME IS OF THE ESSENCE. Seller must approve any extension to the close of
escrow date, requested by Buyer, in writing. The Seller may require Buyer to release a non-refundable
3% earnest money deposit directly to Seller for said extension
6, CLOSING COSTS AND ADJUSTMENTS: Buyer and Seller agree to prorate the following expenses
as of the closing date: municipal water and sewer charges, utility charges, real estate taxes and
assessments, common area charges, condominium or planned unit development or similar community
assessments, and payments of homeowner's association special assessments, with payments not yet due
and owing to be assumed by Buyer without credit towards the Purchase Price.
Seller shall not be responsible for any amounts due, paid or to be paid after the closing date. In the
event Seller has paid any taxes, special assessments or other fees and there is a refund of any such taxes,
assessments or fees after the closing, and Buyer as current owner of the Property receives the payment,
Buyer will immediately submit the refund to Seller.
Recording fees, escrow fees and other customary closing costs with the exception of transfer taxes, shall
be paid by either Seller and/or Buyer in the manner customary for residential real estate transactions in
the metropolitan area or city in which the Property is located.
All other costs and expenses, including any cost, expense or transfer tax imposed by any state or local
entity not otherwise addressed herein, including any tax or assessment imposed upon the Property for
any period prior to the closing date due to a change in the use of the Property after the closing date, shall
be paid by Buyer.
7. DELIVERY OF FUNDS: Regardless of local custom, requirements, or practice, upon delivery of the
Deed by Seller to Buyer, Buyer shall deliver all funds due Seller from the sale in the form of certified
check or wire transfer. Failure to deliver funds according to either of the aforesaid methods shall be
considered breach of the Agreement.
8. INSURABLE TITLE:
a) Seller shall give and Buyer shall accept such title as Seller's title insurance company shall be willing
to approve and insure in accordance with its standard form of title policy approved by the governing
agency for the state where the Property is located, subject only to the matters provided for in this
Agreement and Addendum.
b) Unless otherwise indicated below, Seller shall furnish Buyer, at its expense, a fee (owners) title
policy issued by First American Title Co. or its affiliates, with standard, base coverage in the amount
of the purchase price. Buyer may, at its sole expense and election, obtain any endorsements and
extended coverages it desires but Seller is under no obligation to take any action or incur any costs
related to such additional endorsements and coverages.
c) Buyer understands and agrees that Seller may have entered into an arrangement with several
title/closing companies for the purpose of providing discounted title and escrow/closing services to
Buyer and Seller, but that Seller assumes no liability for any actions or the failure to act by any title
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 2 of 10 pages.
X(~)(~) X(~)
Buyer's InitUlls Seller's Initials
D:\common\brujnreo\templuks\markeling\IIFcnlrAddnd.doc
and/or escrow/closing company in connection with title and/or escrow/closing services provided to
Buyer and/or Seller. Seller shall determine the physical location for the close of escrow.
d) (Buyers Initial Here, if applicable) DO NOT INITIAL THIS IN A STATE WHERE
THE SELLER HAS THE RIGHT TO CHOOSE THE TITLE COMPANY. IN SUCH CASE,
SELLER RETAINS AND RESERVES SAID RIGHT, IIWe will obtain a fee title policy and/or
title exam at my/our own expense. I/we further agree to cooperate with Seller's title/closing
company at no extra expense to Seller. Seller agrees to deliver insurable title, and agrees to pay for
the cost of the standard base Buyers' owners' policy of title insurance from First American Title Co
or its affiliates (but with any endorsements or extended coverage being at Buyer's sole election and
expense). However, the Buyers may choose to purchase title insurance from a different title
company at their own expense.
e) In the event Buyer chooses to obtain their own fee (owners) policy and/or title exam, they shall order
the same within three (3) calendar days of Buyer executing the contract of sale, or all objections to
title shall be waived.
f) Buyer must notify Seller's title/closing company of any and all title objections at least five (5)
calendar days after receipt of the title commitment, or all objections to title shall be waived. If Seller
cannot cure said objections after a good faith effort, or to do so would delay the closing more than
ten (10) days beyond the original or any extended closing date, Buyer retains the right to cancel thc
Agreement for purchase of the Property or to accept a fee (owners) title policy, as stated above, at
Seller's expense. Regular rates must apply. Seller agrees to pay the premium for a fee (owners) title
policy only if the policy is issued by Seller's selected title agent.
g) If a mortgagee policy is required, Buyer shall be responsible for payment of the full premium.
h) Seller shall not be obligated to remove any exception or to bring any action or proceeding or bear
any expense in order to convey title to the Property or to make the title insurable, and any attempt by
Seller to remove such title exceptions shall not impose an obligation upon Seller to remove those
exceptions. Buyer acknowledges that Seller's title to the Property may be subject to court approval
of a foreclosure action, result of a like or similar action, i.e. deed in lieu or as part of a purchase from
a prior servicer, or to a mortgagor's right of redemption.
i) In the event Seller is not able to (a) make the title insurable or correct any problems which Seller has
agreed in writing to correct or (b) obtain title insurance from a title insurance company selected by
Seller, all as provided herein, either party may terminate the Agreement and Earnest Money shall be
returned to Buyer, and Seller shall have no further obligation or liability to Buyer hereunder.
9, SURVEY: Buyer shall pay the cost of any survey. No survey shall be provided by Seller.
10, FORM OF DEED: The deed to be delivered at closing shall be a deed that covenants that grantor
grants only that title which grantor may have and that grantor will only defend title against persons
claiming by, through, or under the grantor, but not otherwise (which deed may be known as a Special
Warranty, Limited Warranty, Quit Claim or Bargain and Sale Deed).
11, DELIVERY OF POSSESSION OF PROPERTY:
a) Seller shall deliver possession of the Property to Buyers at closing and funding of the sale. Pursuant to
Section 11 of this Addendum, the delivery of possession shall be subject to the rights of any tenants or
parties in possession. If Buyer alters the Property or causes the Property to be altered in any way and/or
occupies the Property or allows any other person to occupy the Property prior to closing and funding
without the prior consent of Seller, such event shall constitute a breach by Buyer under the Agreement
and Seller may terminate the Agreement
b) Seller to provide only those keys in Seller's possession. Buyer is hereby informed the Property is on a
master key system. It is Buyer's responsibility to re-key the Property at close of escrow. Garage door
transmitters, security gate keys and/or cards, and mailbox key are not included in purchase price.
12, OCCUPANCY AND STATUS OF PROPERTY: Seller, its representatives, agents and assigns shall
not be responsible for evicting or relocating any tenants or occupants or personal property at the
Property prior to or subsequent to the closing unless otherwise specifically agreed to in writing by
Seller.
Seller has no knowledge of security deposits and thus none will be transferred to Buyer at closing.
Buyer is solely responsible to any occupants of the Property for the return of any security deposits.
Buyer further agrees to assume all responsibility and liability for the refund of such security deposits to
the tenants pursuant to the provisions of applicable laws and regulations and shall indemnify, defend and
hold Seller harmless for any claims, litigation, costs, damages or expenses related to any dispute in
connection with any security deposit after the closing date. All rent due and payable and collected from
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 3 of 10 pages.
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tenants for the month in which the closing date occurs will be prorated according to the provisions of
Section 5 of this Addendum.
Buyer acknowledges and agrees that the Property may be subject to the provisions of local rent control
ordinances and regulations. Buyer agrees that as of the closing date all eviction proceedings and other
duties and responsibilities of a property owner and landlord, including but not limited to those
proceedings required for compliance with such local rent control ordinances and regulations, shall be
Buyer's sole responsibility and at Buyer's sole cost.
Buyer will not use or occupy or cause or permit others to use or occupy the Property prior to closing.
13. SELLER DISCLOSURE; BUYER PURCHASING THE PROPERTY "AS IS": Seller acquired the
Property as a result of a foreclosure action, result of a like or similar action, i.e. deed in lieu or as part of
a purchase from a prior servicer, and the total price set forth in the Agreement may reflect deferred
maintenance. Accordingly, Seller has not conducted inspections nor does Seller have any personal
knowledge of the condition of the property other than as may be disclosed in the Inspection Report (as
hereinafter defined), if any, that has been prepared for the Property. Buyer acknowledges that there has
been no representation(s) by Seller, or any other person acting as Seller's representative regarding the
condition of the Property, any of the appliances or structural components that may be contained therein,
its fitness for general or specific use, or any other matter affecting the Property. If an inspection report
has been obtained by or on behalf of Seller or Seller's representative (the "Inspection Report"), such
Inspection Report shall be provided to Buyer for Buyer's information only. If the Inspection Report has
been provided to Buyer, no representation of warranty is made as to the accuracy and completeness or
such report.
Neither Seller nor any person acting as Seller's representative has occupied the Property and neither
warrants or represents that the Property or any alterations or additions which may have been made to the
Property conform to local building codes, zoning requirements or any other applicable laws, rules or
regulations.
Buyer acknowledges that Buyer has the opportunity to inspect, examine and make a complete review of
the Property prior to the close of escrow. Buyer will rely solely on Buyer's inspection and review to
evaluate the condition of the Property. Buyer acknowledges that it is Buyer's sole responsibility to
obtain inspection reports by qualified professionals on the appliances, structural components, and
alterations or additions to the Property (if any), and to determine the presence of any toxic or hazardous
substances on the Property, including but not limited to mold, radon, asbestos and lead paint, that would
make it uninhabitable or dangerous to the health of the occupants or otherwise not in compliance with
law, or any other factors regarding the condition of the Property about which Buyer may be concerned.
Buyer hereby acknowledges that (depending on state) Seller may not be providing Buyer with a Real
Estate Transfer Disclosure Statement and/or a Certificate of Occupancy with respect to the Property.
Buyer hereby waives any requirement that Seller furnish Buyer with any such disclosure statement
and/or a Certificate of Occupancy and hereby releases Seller from any and all liability resulting from the
non-delivery of such disclosure statement and/or a Certificate of Occupancy where applicable.
Mold, mildew, spores and/or other microscopic organisms and/or allergens (collectively referred to in
this Agreement as "Mold") are environmental conditions that are common in residential properties and
may affect the Property. Mold in some forms has been reported to be toxic and to cause serious physical
injuries, including but not limited to allergic and/or respiratory reactions or other problems, particularly
in persons with immune system problems, young children and/or elderly persons. Mold has also been
reported to cause extensive damage to personal and real property. Mold may have been removed,
remediated or covered in the course of any cleaning or repairing of the Property. The Buyer
acknowledges that, if Seller, or any of Seller's employees, contractors, or agents cleaned or repaired the
Property or remediated mold contamination, Seller does not in any way warrant the cleaning, repairs or
remediation. Buyer accepts full responsibility for all hazards that may result from the presence of mold
in or around the Property. The Buyer is satisfied with the condition of the Property, notwithstanding the
past or present existence of mold in or around the Property, and Buyer has not in any way relied upon
any representations of Seller, Seller's employees, officers, directors, contractors, or agents concerning
the past or present existence of mold in or around the Property.
Buyer acknowledges that Buyer will have independently and personally inspected the Property and that
Buyer has entered into this Agreement based upon its ability to make such examination and inspection.
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 4 of 10 pages.
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The Property is to be sold to and accepted by Buyer at closing in its then present condition, "AS IS,
WITH ALL FAULTS, AND WITHOUT ANY WARRANTY WHATSOEVER, EXPRESS OR
IMPLIED." Notwithstanding anything contained herein to the contrary, it is understood and agreed that
Seller and Seller's agents or employees have not made and are not now making, and they specifically
disclaim (except as specifically set forth herein), any warranties, representations or guaranties of any
kind or character, express or implied, oral or written, past, present or future, with respect to the Property,
including, but not limited to, warranties, representations or guaranties as to (i) matters of title (other than
Seller's warranty of title set forth in the Deed to be delivered at closing); (ii) environmental matters of
any kind relating to the Property or any portion thereof (including the condition of the soil or
groundwater beneath the Property); (iii) geological conditions, including, without limitation, subsidence,
subsurface conditions, water table, underground water reservoirs, limitations regarding the withdrawal
of water and earthquake faults and the resulting damage of past and/or future earthquakes; (iv) whether,
and to the extent to which the Property or any portion thereof is affected by any stream (surface or
underground), body of water, flood prone area, flood plain, floodway or special flood hazard;
(v) drainage; (vi) soil conditions, including the existence of instability, past soil repairs, soil additions or
conditions of soil fill, or susceptibility to landslides, or the sufficiency of any under shoring; (vii) zoning
to which the Property or any portion thereof may be subject; (viii) the availability of any utilities to the
Property or any portion thereof including, without limitation, water, sewage, gas and electric; (ix) usages
of adjoining property; (x) access to the Property or any portion thereof, (xi) the value, compliance with
the plans and specifications, size, location, age, use, design, quality, description, suitability, structural
integrity, operation, title to, or physical or financial condition of the Property or any portion thereof, or
any income, expenses, charges, liens, encumbrances, rights or claims on or affecting or pertaining to the
Property or any part thereof; (xii) the presence of "hazardous substances" in or on, under or in the
vicinity of the Property; (xiii) the condition or use of the Property or compliance of the Property with
any or all past, present or future federal, state or local ordinances, rules, regulations or laws, building,
fire or zoning ordinances, codes or other similar laws; (xiv) the existence or non-existence of
underground storage tanks; (xv) any other matter affecting the stability or integrity of the Property;
(xvi) the potential for further development of the Property; (xvii) the existence of vested land use,
zoning or building entitlements affecting the Property; (xviii) the merchantability of the Property or
fitness of the Property for any particular purpose (Buyer affirming that Buyer has not relied on Seller's
or Seller's agents' or employees' skill or judgment to select or furnish the Property for any particular
purpose, and that Seller makes no warranty that the Property is fit for any particular-purpose); or
(xix) tax consequences, SELLER MAKES NO REPRESENTATIONS OR WARRANTIES OF
ANY KIND TO BUYER, INCLUDING, WITHOUT LIMITATION, THE PHYSICAL
CONDITION OF THE PROPERTY AND ANY IMPROVEMENTS LOCATED THEREON, OR
THEIR SUITABILITY FOR ANY PARTICULAR PURPOSE OR OF MERCHANTABILITY.
BUYER SHALL RELY ON ITS INVESTIGATIONS OF THE PROPERTY IN DETERMINING
WHETHER TO ACQUIRE IT. THE PROVISIONS OF THIS PARAGRAPH ARE A
MATERIAL PART OF THE CONSIDERATION FOR SELLER'S ENTERING INTO THIS
AGREEMENT, AND SHALL SURVIVE CLOSING.
14, CONDITION OF PROPERTY: Buyers acknowledges and understands that Seller acquired the
property either as a result of a foreclosure action, result of a like or similar action, i.e. deed in lieu or as
part of a purchase from a prior servicer, and Seller consequently has little or no direct knowledge
concerning the condition of the property. As a material part of the consideration to be received by Seller
under this agreement as negotiated and agreed to by Buyer and Seller, Buyer acknowledges and agrees
to accept the property in "as-is," "where-is" condition at the time of closing, including, without
limitation, zoning, land use or building code requirements or compliance with any law, rules, ordinances
or regulations of any governmental authority; any hidden defects, environmental conditions affecting the
property, or the existence of mold, whether known or unknown, whether such defects or conditions were
discoverable through inspection or not.
If there is an enforcement proceeding arising from allegations of such violations before an enforcement
board, special master, court of competent jurisdiction or similar enforcement body, and neither Buyer
nor Seller terminate the Agreement, Buyer agrees to (a) to accept the Property subject to the violations,
(b) to be responsible for compliance with the applicable code or regulation and with orders issued in any
code enforcement proceeding, and (c) to resolve the deficiencies as soon as possible after the closing.
Buyer further agrees to indemnify Seller from any and all claims or liability arising from Buyer's breach
of this section.
15. Inspection:
a) On or before the date that falls Five (5) calendar days after the Seller delivers executed contract to
Buyer. Buyer shall have the right to inspect the Property or obtain for its own use, benefit and
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 5 of 10 pages.
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reliance, inspections and/or reports on the condition of the Property; otherwise, Buyer shall be
deemed to have waived such inspection and any objections to the condition of the Property and to
have accepted the condition of the Property for all purposes. Buyer shall hold Seller harmless from
all liability claims, demands, damages, and costs related to Buyer's inspection. IF BUYER DOES
NOT EXERCISE THESE RIGHTS, BUYER IS ACTING AGAINST THE
RECOMMENDATION OF SELLER. BUYER UNDERSTANDS THAT ALTHOUGH
CONDITIONS AND DEFECTS ARE OFTEN DIFFICULT TO LOCATE AND DISCOVER,
ALL REAL PROPERTY AND IMPROVEMENTS MAY CONTAIN DEFECTS AND
CONDITIONS WHICH ARE NOT READILY APPARENT AND WHICH MAY AFFECT
THE VALUE OR DESIRABILITY OF THE PROPERTY. BUYER AND SELLER ARE
AWARE THAT SELLER AND BROKERS DO NOT GUARANTEE AND IN NO WAY
ASSUME RESPONSIBILITY FOR THE CONDITION OF THE PROPERTY, BUYER IS
ALSO AWARE THAT BUYER SHOULD EXERCISE REASONABLE CARE TO PROTECT
AGAINST FACTS KNOWN TO, OR WITHIN THE DILIGENT ATTENTION AND
OBSERVATION OF, THE BUYER,
b) Buyer shall not directly or indirectly cause any inspection to be made by any government building or
zoning inspector or government employee without the prior written consent of Seller, law requires
such inspection is required by law.
c) If the Property is located in a jurisdiction that requires a certificate of occupancy, smoke detector
certification, septic certification, energy retrofit, or any similar certification or permit or any form of
improvement or repair to the Property (collectively, "Permits and Repairs"), Buyer acknowledges
and agrees that Buyer shall be responsible for obtaining any and all of the Permits and Repairs at
Buyer's sole cost and expense. Buyer shall make application for all Permits and Repairs within ten
(10) calendar days of Seller's acceptance.
d) Buyer to verify sewer/septic connection. Seller makes no representation regarding sewer/septic
connection.
e) Within three (3) calendar days of receipt of any inspection report prepared by or for Buyer, but not
later than five (5) calendar days from Seller's acceptance, whichever first occurs, Buyer will provide
written notice to Seller of any disapproved items. Buyer's failure to provide written notice shall be
deemed as acceptance of the condition of the Property.
t) Upon request by Seller, Buyer shall provide complete copies of all inspection reports upon which
Buyer's disapproval of the condition of the Property is based. In no event shall Seller be obligated
to make any repairs or replacements that may be indicated in Buyer's inspection reports. If Seller
elects not to repair the Property, Buyer may cancel the Agreement not later than ten (10) days from
Seller's acceptance, and the Earnest Money shall be returned to Buyer. If Seller elects to make any
such repairs to the Property, Seller shall notify Buyer after completion of the repairs and Buyer shall
have three (3) calendar days from the date of notice to inspect the repairs and notify the Seller of any
disapproved items. Buyer's failure to disapprove in writing such repairs shall be deemed as Buyer's
acceptance thereof.
g) Seller will not pay for Pest Inspection Report. If Seller has agreed in writing to pay for treatment of
wood infesting organisms, Seller shall treat only active infestation (Section I Clearance). All
treatments for wood infesting organisms and other repairs will be completed by a vendor approved
by Seller. In such event, Seller agrees to pay up to and not exceeding $0 for said treatment.
h) Any repairs or treatments made or caused to be made by Seller shall be completed prior to the
closing date. Under no circumstances shall Seller be required to make any repairs or treatments after
the closing date.
i) Buyer acknowledges that the closing of this transaction shall be deemed Buyer's reaffirmation that
Buyer is satisfied with the condition of the Property for all purposes and satisfied with all repairs and
treatments to the Property, and waives all claims related to such condition and to the quality of the
repairs or treatments to the Property.
j) Notwithstanding the foregoing, neither Buyer nor its representatives shall enter upon the Property to
make any repairs or treatments prior to the closing without the prior written consent of Seller. To
the extent that Buyer or its representatives make repairs and/or treatments to the Property prior to the
closing, Buyer hereby agrees to release and indemnify Seller from and against any and all claims
related in any way to the repairs and/or treatments.
k) Buyer agrees to indemnify Seller and Seller's representatives and fully protect, defend and hold
Seller and Seller's representatives harmless from and against any and all claims, liens, losses,
damages, liabilities, costs, injuries, attorney's fees and expenses of every kind and nature that may
be made against Seller or the Property for any liens on the Property, any damage to the Property
and/or injury to Buyer or any other persons that may arise from inspections, repairs, replacements
related to the Property and Buyer's actions and rights under this Addendum and Agreement. Buyer
shall indemnify and fully protect, defend and hold Seller its servicers, representatives, agents,
attorneys and employees harmless from any and all claims, costs, liens loss, damages, attorney's fees
and expenses of every kind and nature, resulting from or arising out of any inspection, repairs,
replacements or any other work performed in or upon the Property by Buyer or its agents,
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 6 of 10 pages.
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employees, contractors or assigns. In the event any repairs are made at the Property, or any work or
material are added to the premises, or the value of the premises is enhanced in any way, then in the
event this transaction does not close, all material added to the premises shall become the sole and
exclusive property of the Seller, and Seller shall have no liability to Buyer or any third party for any
such material or work completed. All such indemnity obligations of Buyer described in this
paragraph shall survive the closing or termination of this Addendum and the Agreement.
16, PERSONAL PROPERTY: Buyer agrees that any items of personal property, now or hereafter located
on the Property (collectively, "Personal Property") shall not be included in the sale of the Property or the
Purchase Price unless each item of Personal Property is specifically described and referenced in this
Addendum. Buyer assumes full responsibility for any Personal Property remaining on the Property at
the time of closing. Any Personal Property sold by Seller shall be accepted by Buyer on an "as is, where
is" basis without representation or warranty of any kind or nature, and specifically excluding any
warranties of merchantability or fitness for any particular purpose.
17. CONDOMINIUMlPUDIHOMEOWNERS ASSOCIATION: If the Property is a condominium,
planned unit development, subject to a homeowner's association or co-operative, unless otherwise
required by law, Buyer, at Buyer's own expense, is responsible for obtaining and reviewing the
covenants, conditions, restrictions and/or bylaws of the relevant entity within seven (7) calendar days of
Seller's delivery of executed contract to Buyer. Seller agrees to employ reasonable efforts to assist
Buyer in obtaining a copy of said documents. Buyer will be deemed to have accepted the covenants,
conditions, restrictions and/or bylaws if Buyer does not notify Seller in writing, within ten (10) days of
Seller's acceptance, or Buyer's objection to the same.
18, HOME WARRANTY: Seller will NOT purchase a Home Protection Plan on the Property.
19, REAL ESTATE COMMISSION: Seller shall pay a real estate commission pursuant to the listing
agreement between Seller and Seller's listing broker. No other commissions will be paid by Seller.
Commission to be paid on $194900 in accordance with the listing agreement between Seller and Seller's
listing broker and such commission shall only be deemed earned upon the closing of the purchase
contemplated by the Agreement. Commissions will be paid on sales price less any concessions given to
the Buyer other than FHAN A non-allowables or special offers made by the Seller in the MLS. This
includes any and all future amendments/negotiations that affect the net sales proceeds to seller.
Listing Broker
Date
Selling Broker
Date
20, WAIVERS: As a material part of the consideration to be received by Seller under the Agreement
as negotiated and agreed to by Buyer and Seller, Buyer waives the following:
a) All rights to file and maintain an action against Seller for specific performance and any right to
record a lis pendens against the property or to record or file the contract, this Addendum or any
memorandum thereof in the official real property records;
b) Any and all claims arising from the adjustments or prorations or errors in calculating the same
that are or may be discovered after closing;
c) Any remedy of any kind, other than as expressly provided in this Addendum, to which Buyer
might otherwise be entitled at law or in equity, whether based on mutual mistake of fact or law or
otherwise;
d) Any right to trial by jury, except as waiver thereof is prohibited by law, in any litigation arising
from, or connected with or related to the Agreement;
e) Any claim for loss or damage, including, without limitation, indirect, special or consequential loss
or damage arising from, based upon, due to or otherwise related to:
i. Environmental conditions affecting the property, including but not limited to mold, lead
paint, fuel oil, allergens or other toxic substances of any kind;
ii, Encroachments, easements, shortages in area or any other matter which would be
disclosed or revealed by a surveyor inspection of the property or search of public
records.
In the event Buyer breaches any of the provisions described or contemplated under this Section,
and a court finds that Buyers legal action is without merit, Buyer shall pay all reasonable
attorneys' fees and costs incurred by Seller in defending such action, which amount shall be in
addition to any liquidated damages held or recovered pursuant to Section 21 of this Addendum.
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 7 of 10 pages.
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The provisions of this Section shall survive the closing or termination of this Addendum of the
Agreement,
21. CONDITIONS TO SELLER'S PERFORMANCE: Seller shall have the right, at Seller's sole
discretion, to extend the closing date or to terminate the Agreement if:
a) Seller determines that it is unable to convey insurable title to the Property through a title insurance
company selected by Seller at regular rates;
b) Any third party, whether tenant, homeowner's association, mortgage insurance company or otherwise,
exercises rights under a right of first refusal, option or similar right to purchase the Property;
c) Seller has transferred and conveyed the Property to a third party; or;
d) The Purchase Price is insufficient to pay the sum of the closing costs, taxes, commissions, and any liens
on or obligations secured by the Property that Seller has agreed to pay hereunder;
e) A court of law overturns a foreclosure, trustees sale, sheriffs sale or the like, or deed in lieu transaction,
that results in Seller or its predecessor, successor or assign, taking title to the Property;
f) The Property is affected by an environmental hazard, as determined by Seller; or
g) Seller has received official notice that the Property is in violation of building codes or similar laws or
regulations.
In the event Seller elects to terminate the Agreement as a result of any of the foregoing, the Earnest
Money shall be returned to Buyer and the parties shall have no further obligations under the Agreement.
22. REMEDIES FOR DEFAULT: In the event of Buyer's default, material breach or misrepresentation
of any fact under the terms of the Agreement, Seller, at its option, may terminate the Agreement and
retain the Earnest Money and any other funds paid by Buyer as liquidated damages and/or invoke any
other remedy expressly set forth in the Agreement (or allowed by law) and Seller is automatically
released from the obligation to sell the Property to Buyer, and neither Seller nor its representatives,
agents, attorneys, successors or assigns shall be liable to Buyer for any damages of any kind as a result
of Seller's failure to sell and convey the Property. Buyer acknowledges and agrees that by signing this
addendum, Seller shall have the right to retain or seek the release of the earnest money under this
section, without any further action, consent or document from Buyer.
Buyer acknowledges that in the event of termination of the Agreement except for (Buyer's breach), return of
Buyer's Earnest Money will adequately and fairly compensate Buyer. Upon return of the Earnest Money to
Buyer, the Agreement shall be terminated, and Buyer and Seller shall have no further liability, obligation, or
responsibility to each other.
Seller shall only be in default under the Agreement if Buyer delivers written notice to Seller detailing the
default and Seller fails to cure such default within 20 days of receipt of such written notice (or such longer
period of time as may be necessary, provided that Seller diligently pursues such cure). If Seller is in default
hereunder or if Seller terminates the Agreement as provided under the provisions thereof, Buyer shall be
entitled to the return of the Earnest Money as Buyer's sole and exclusive remedy at law or in equity. Buyer
agrees that Seller shall not be liable to Buyer for any special, consequential or punitive damages whatsoever,
whether in contract, tort (including negligence and strict liability) or any other legal or equitable principle.
23, INDEMNIFICATION: Buyer agrees to indemnify and fully protect, defend and hold Seller, its
officers, directors, employees, shareholders, servicers, representatives, agents, attorneys, tenants,
brokers, successors and assigns harmless from and against any and all claims, costs, liens, loss,
damages, attorneys' fees and expenses of every kind and nature that may be sustained by or made
against Seller, its officers, directors, employees, shareholders, servicers, representatives, agents,
attorneys, tenants, brokers, successors or assigns, resulting from or arising out of:
a) Inspections or repairs made by Buyer or its agents, employees, contractors, successors or
assigns;
b) The imposition of any fine or penalty imposed by any governmental entity resulting from
Buyer's failure to timely obtain any permits, approvals, repairs or inspections or to comply
with all applicable laws, rules, ordinances and regulations;
c) Claims for amounts due and owing by Seller for taxes, homeowner's association dues or
assessment, or any other terms prorated at closing under Section 15 of this Addendum; and
d) Buyer or Buyer's tenants, agents or representative's use or occupancy of the Property prior to
closing and funding.
and all indemnities described in this Addendum (including this Section 22) shall survive the closing or
termination of the Agreement and this Addendum.
24, RISK OF LOSS: Regardless of local custom or practice, Buyer assumes all risk of loss related to
damage to the Property. In the event of fire, destruction or other casualty loss to the Property after
Seller's acceptance of the Agreement and prior to closing and funding, Seller may, at its sole discretion,
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 8 of 10 pages.
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repair or restore the Property, or Seller may terminate the Agreement. If Seller elects to repair or restore
the Property, then Seller may, at its sole discretion, limit the amount to be expended. If Seller elects to
repair or restore the Property, Buyer's sole and exclusive remedy shall be either to acquire the Property
in its then current condition at the Purchase Price with no reduction thereof by reason of such loss, or
terminate the Agreement and receive a refund of any Earnest Money.
25, EMINENT DOMAIN: In the event that Seller's interest in the Property, or any part thereof, shall have
been taken by eminent domain or shall be in the process of being taken on or before the closing date,
either party may terminate the Agreement and the Earnest Money shall be returned to Buyer and neither
party shall have any further rights or liabilities hereunder.
26. SURVIVAL: Delivery of the Deed to the Property to Buyer by Seller shall be deemed to be full
performance and discharge of all Seller's obligations under the Agreement
27, SEVERABILITY: The invalidity, illegality or enforceability of any provision of the Agreement shall
not affect the validity or enforceability of any other provision of the Agreement, all of which shall
remain in full force and effect.
28, ASSIGNMENT OF AGREEMENT: Buyer shall not assign the Agreement without the express written
consent of Seller. Seller at its sole discretion may assign the Agreement without prior notice to, or
consent of, Buyer.
29. ENTIRE AGREEMENT: The Agreement, including the disclosure of information, or other disclosure
forms or notices required by law or local custom, constitutes the entire agreement between Buyer and
Seller concerning the subject matter hereof and supersedes all previous communications,
understandings, representations, warranties, covenants and agreements, whether written or oral, and
there are no oral or other written agreements between Buyer and Seller. No oral promises,
representations (express or implied) warranties or agreements made by Seller or broker or any person
acting on behalf of Seller shall be deemed valid or binding upon Seller unless expressly included in this
Agreement. All negotiations are merged into the Agreement. Seller shall not be obligated by any other
written or verbal statements made by Seller, Seller's representatives or any real estate licensee.
30, MODIFICATION: No provision, term or clause of the Agreement shall be revised, modified, amended
or waived except by an instrument in writing signed by Buyer and Seller.
31. COUNTERPARTS: This Addendum may be executed in any number of counterparts, and each such
counterpart shall be deemed to be an original, but all of which, when taken together, shall constitute one
agreement. This Addendum may be delivered by facsimile or electronic mail, which will have the same
effect as the original.
32. GENDER: Unless the context otherwise requires, singular nouns and pronouns, when used herein, shall
be deemed to include the plural of such nouns or pronouns, and pronouns of one gender shall be deemed
to include the equivalent pronoun of the other gender.
33, FORCE MAJEURE: No party shall be responsible for delays or failure of performance resulting from
acts of God, riots, acts of war, epidemics, power failures, acts of terrorism, earthquakes or other
disasters, providing such delay or failure of performance could not have been prevented by reasonable
precautions and cannot reasonably be circumvented by such party through use of alternate sources,
workaround plans or other means.
34, NOTICES: Any notices required to be given under the Agreement shall be deemed to have been
delivered when actually received in the case of hand or overnight delivery, or five (5) days after mailing
by first class mail, postage paid, or by fax with confirmation of transmission.
35, ATTORNEY REVIEW: Buyer acknowledges that Buyer has had the opportunity to consult with its
legal counsel regarding the Agreement and Addendum. Accordingly, the terms of the Agreement are
not to be construed against any party because that party drafted the Agreement and Addendum or
construed in favor of any party because that party failed to understand the legal effect of the provisions
of the Agreement and Addendum.
36. ADDITIONAL TERMS OR CONDITIONS:
a) This contract is subject to mortgage insurance approval and investor approval.
b) Subject property will remain on the market for back-up offers until transaction is closed.
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 9 of 10 pages.
X(_)(_) X(_)
Buyer's Initials Seller's Initials
D:\common\brainreo\tempJates\marketing\HFcntrAddnd.doc
c) This Counter Offer/Addendum to Purchase Contract is subject to Seller's receipt of Buyer's fully
executed Standard State Purchase Contract.
d) Buyer is hereby advised that Seller may be responding to multiple offers at once. Seller reserves the
right to accept or reject each offer. Only a complete Standard Purchase Contract and Counter
Offer/Addendum to Purchase Contract, fully signed by the Buyer and the Seller, will convey Seller's
acceptance.
III. EXPIRATION: Unless Buyer's written acceptance of this HF Counter Offer/Addendum to Purchase
Contract is received by the Seller via fax or by mail, within 48 hours of 4/5/2007, this HF Counter
Offer/Addendum to Purchase Contract and original Purchase Contract referenced above, shalI be deemed
revoked and earnest money deposit shall be returned to the Buyer.
Buyer and Seller acknowledge receipt and acceptance of all of the terms above by signature below.
Buyer Date
Print Name (or name of Company)
Buyer Date
Print Name (or name of Company)
Attorney Information (if applicable)
Name / Contact
Address
Phone Number Facsimile
Seller Date
Buyer and Seller acknowledge receipt of a copy of this page, which constitutes Page 10 of 10 pages.
X(_)(_) X(_)
Buyer's InitUlls Seller's InitUlls
D:\common\hraimeo\templates\murketing\IIFcntrAddnd,doc
711
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
FROM:
Mayor, Councilrnernbers, City Adrninistrat0
\~~ V
Kevin Schorzman, P.E., Assistant City Engineer ~
TO:
SUBJECT:
Adopt Resolution - Charleswood Marketplace Development Contract
DATE:
April 2, 2007
INTRODUCTION
The Development Contract for Charleswood Marketplace IS forwarded herewith for Council's
consideration.
DISCUSSION
The final plat for Charleswood Marketplace was approved by the Planning Commission on
September 13, 2006 and by the City Council on September 18, 2006.
The contract has been drafted in accordance with the conditions placed on the approval of the
Preliminary and Final Plat and has been reviewed by the City Attorney. Following are conditions of
approval for the development contract:
1. the Developer enter into this Agreement; and
2. the Developer provide the necessary security in accordance with the terms of this Agreement; and
3. the Developer record the plat with the County Recorder or Registrar of Titles by May 17, 2007..
BUDGET IMPACT
None.
ACTION REQUESTED
Adopt the attached resolution approving the execution of the Charleswood Marketplace Development
Contract and authorize its signing contingent upon the above conditions and final approval by the
Engineering Division.
Charles wood Marketplace Development Contract
April 2, 2007
Page 2
Respect~l1 Submitted,
;y-(
;1#'" /J-tA
Kevin Schorzman, P .E.
Assistant City Engineer
cc: file
RESOLUTION NO, R -07
APPROVE DEVELOPMENT CONTRACT
CHARLESWOOD MARKETPLACE
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City of
Farmington, Minnesota, was held in the Council Chambers in City Hall of said City on the 2nd day of
April, 2007 at 7:00 P.M.
Members present:
Members absent:
Member
introduced and Member
seconded the following resolution:
WHEREAS, pursuant to Resolution No. R107-06, the City Council approved the Preliminary Plat and
Final Plat of Charles wood Marketplace subject to the following conditions:
1. The satisfaction of any engineering and planning comments.
2. A restrictive easement must be obtained and recorded, limiting access to the drive in specific
circumstances (i.e. no hazardous chemical trucks, etc.)
3. During the well site construction the easternmost north/south drive on the site will have to be
closed down in its entirety until the project is completed, which may require the drive to be
closed for up to one year.
4. The developer shall provide the City with written documentation regarding Mid America
Pipeline Company's approval of construction and development within its gas easement.
5. The preparation and execution of the Development Contract and approval of the construction
plans for grading, stormwater and utilities by the Engineering Division.
6. The submittal of a landscape plan acceptable to the City Planner.
7. A cross easement will have to be provided to allow the necessary ingress and egress at the
center access point.
8. Extend the proposed internal sidewalk south to Eureka Avenue.
NOW THEREFORE, BE IT RESOLVED THAT:
1.) The Development Contract for the aforementioned subdivision, a copy of which is on file in the
Clerk's office is hereby approved subject to the following conditions:
a) the Developer enter into this Agreement, which modifies the condition of approval specified in
paragraph 2 in Resolution No. R107-06 by providing that the segment of road to be
constructed over Outlot A will be a city street subject to City control rather than a private drive
as contemplated previously; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement;
and
c) the Developer record the plat with the County Recorder or Registrar of Titles by May 17,
2007.
and;
2.) The Mayor and City Administrator are hereby authorized and directed to sign such contract.
This resolution adopted by recorded vote of the Farmington City Council in open session on the 2nd
day of April, 2007.
Mayor
Attested to this _ day of April, 2007.
SEAL
City Administrator
DEVELOPMENT CONTRACT
AGREEMENT dated this 2nd day of April, 2007, by, between, and among the City of Farmington, a Minnesota municipal
corporation (CITY) and Fargo Northern, LLC, a Minnesota limited liability company (DEVELOPER).
1. Request for Plat Approval. The Developer has asked the City to approve a plat for Charleswood Marketplace (also
referred to in this Agreement as the PLAT). The land is situated in the City of Farmington, County of Dakota, State of
Minnesota, and is legally described on the attached Exhibit "A":
2, Conditions of Approval, The City hereby approves the Plat on the conditions that:
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the Plat with the County Recorder or Registrar of Titles within 8 months after City Council
approval of the fmal Plat.
3, Development Plans and Rie:ht to Proceed, The Developer shall develop the plat in accordance with the following plans.
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this Agreement, subject to paragraphs 6 and 34G, the plans shall control. The required plans are:
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - Site Plan
Plan E - Building Elevations
Plan F - Final Parking Lot and Utility Plans and Specifications
The Developer shall use its best efforts to assure timely application to the utility companies for the following utilities:
underground natural gas, electrical, cable television, and telephone. The installation of these utilities shall be constructed
within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and
standard detail plates.
Within the Plat or land to be platted, the Developer may not construct sewer lines, water lines, streets, utilities public or
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) Plans B through F have been approved by the City,
c) The necessary security has been received by the City,
d) The plat has been submitted for recording with the Dakota County Recorder's Office, and
e) The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
1
4, Sales Office Reauirements, At any location within the plat where lots and/or homes are sold which are part of this
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a
zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the
adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of
the plat shall be included.
5, Zoninl!lDevelopment Map, The Developer shall provide an 8 112" x 14" scaled map of the plat and land within 350' of
the plat containing the following information: (Submittal of a ZoninglDevelopment Map is not necessary with this
Development Contract)
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6, Reauired Improvements, The Developer shall install and pay for the following in accordance with Plans A through F:
a. Sanitary Sewer Lateral System
b. Water Main Lateral System
c. Storm Sewer
d. Streets
e. Concrete Curb and Gutter
f. Street Signs
g. Street Lights
h. Sidewalks and Trails
i. Erosion Control, Site Grading and Ponding
j. Traffic Control Devices
k. Setting of Lot & Block Monuments
1. Surveying and Staking
m. Landscaping, Screening, Blvd. Trees
The Required Improvements shall be installed in accordance with Plans A through F, and in accordance with all laws, City
Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent
registered professional engineer furnished to the City and reviewed by the City Engineer. Required Improvements not
constructed in accordance with the approved plans and specifications, without prior authorization of the City Engineer, shall be
considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary permits from
the Metropolitan Council and other agencies before proceeding with construction of the Required Improvements. The
Developer shall instruct its engineer to provide adequate field inspection personnel to assure an acceptable level of quality
control to the extent that the Developer's engineer will be able to certify that the construction work for the Required
Improvements meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's
discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work for the
Required Improvements on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at
a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the
program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is
released, the Developer shall supply the City with a complete set of "As Built" plans for the Required Improvements as
specified in the City's Engineering Guidelines.
If the Developer does not provide such information, the City will produce the aforementioned as-built drawings. All costs
associated with producing the as-built drawings will be the responsibility of the Developer.
All bike trails and sidewalks to be constructed as part of the development must be completed before building permits will be
issued.
Before the security for the completion of the Required Improvements is released, iron monuments must be installed in
accordance with M.S. S505.02. The Developer's surveyor shall submit a written notice to the City certifying that the
monuments have been installed.
2
7, Time of Performance. The Developer shall install all Required Improvements, by October 31, 2007, in accordance with
the requirements set forth in the City's Engineering Guidelines. The Developer may, however, request an extension of time
from the City to complete the Required Improvements. If an extension is granted, it shall be conditioned upon updating the
security posted by the Developer to reflect cost increases. An extension of the security shall be considered an extension of
this Agreement and the extension of the Agreement will coincide with the date of the extension of the security. Final wear
course for all streets covered by this contract shall be placed by September 1,2008.
8, Ownership of Improvements, Upon the completion of the work and construction required to be done by this Agreement,
and written acceptance by the City Engineer, the improvements lying within public easements shall become City property,
except for cable TV, electrical, gas, and telephone, without further notice or action.
Outlot A shall be deeded to the City at the time of platting.
9, Warrantv, The Developer and the Developers Engineer represent and warrant to the City that the design of the Required
Improvements for the project meets all laws, City Standards, Engineering Guidelines and Ordinances. The Developer
warrants all Required Improvements to be constructed by it pursuant to this Agreement against poor material and faulty
workmanship. The warranty period for streets is one year. The warranty period for underground utilities is two years. The
warranty period for the streets shall commence after the final wear course has been completed and the streets have been
accepted by the City Engineer in writing. It is the responsibility of the Developer to request, in writing, City acceptance of
the streets. Failure of the Developer to request acceptance of the streets in a timely manner shall not in any way constitute
cause for the warranty period to be modified from the stipulations set forth above. The warranty period on underground
utilities shall commence following their completion and acceptance by the City Engineer in writing. It is the responsibility
of the Developer to complete the required testing of the underground utilities and request, in writing, City acceptance of the
utilities. Failure of the Developer to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the stipulations set forth above. All trees
required pursuant to this Agreement shall be warranted to be alive, of good quality, and disease free for twelve (12) months
after the security for the trees is released. Any replacements shall be warranted for twelve (12) months from the time of
planting. The Developer shall post maintenance bonds or other surety acceptable to the City to secure the warranties for
the Required Improvements. The City shall retain ten percent (10%) of the security posted by the Developer until the
bonds or other acceptable surety are furnished to the City or until the warranty period has been completed, whichever first
occurs. The retainage may be used to pay for warranty work. The City's Engineering Guidelines identify the procedures
for final acceptance of streets and utilities.
10, Gradinl! Plan, The Plat shall be graded and drainage provided by the Developer in accordance with the Construction
Plans. Notwithstanding any other provisions of this Agreement, the Developer may start rough grading the lots within the
stockpile and easement areas in conformance with Plan B before the plat is filed if all fees have been paid, a MPCA
Construction Storm Water Permit has been issued, and the City has been furnished the required security. Additional rough
grading may be allowed upon obtaining written authorization from the City Engineer. A MPCA Construction Storm Water
Permit must be obtained before any grading can commence on the site. The developer may not make changes to grading
affecting drainage until the City Engineer has approved the proposed grading changes.
11, Erosion Control and Fees, After the site is rough graded, but before any utility construction is commenced or building
permits are issued, the erosion control plan, Plan B, shall be implemented by the Developer and inspected and approved by
the City. The City may impose additional erosion control requirements if it is determined that the methods implemented
are insufficient to properly control erosion. All areas disturbed by the excavation and back-filling operations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized, mulched and disc
anchored as necessary for seed retention. The parties recognize that time is of the essence in controlling erosion. If the
Developer does not comply with the erosion control plan and schedule, or supplementary instructions received from the
City, or in an emergency determined at the sole discretion of the City, the City may take such action as it deems appropriate
to control erosion immediately, without notice to the Developer. The City will endeavor to notify the Developer in
advance of any proposed action, but failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the City incurred for such work within
thirty (30) days, the City may draw down the letter of credit to pay such costs. No development will be allowed and no
building permits will be issued unless the Plat is in full compliance with the erosion control requirements.
3
The Developer is responsible for Erosion Control inspection fees at the current rates, The Developer is also
responsible for a Water Quality Management Fee of $ 680,00 based upon the number of acres in the plat. This fee shall
be due and payable at the time of execution of this Agreement. The Developer waives any appeal rights otherwise available
pursuant to MSA 429.081.
12, Landscapinl!, The Developer shall landscape the plat in accordance with The Construction Plans. The landscaping shall
be accomplished in accordance with a time schedule approved by the City.
A. The Developer shall be solely responsible for the installation of all project landscaping including but not limited to the
boulevard trees. The responsibility for the installation of boulevard trees will not be transferred to third parties.
B. All graded areas, including finish grade on lots, will require a minimum of6" of black dirt/topsoil.
C. Retaining walls with I) a height that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three
foot wall with a back slope greater than 4 to I shall be constructed in accordance with plans and specifications
prepared by a structural or geotechnical engineer licensed by the State of Minnesota. Following construction of any
retaining walls, a certification signed by the design engineer shall be filed with the City Engineer evidencing that the
retaining will was constructed in accordance with the approved plans and specifications. All retaining walls that are
part of the Construction Plans, or special conditions referred to in this Agreement that are required to be constructed,
shall be constructed and certified before any building permit is issued for a lot on which a retaining wall is required to
be built. All landscaping features, including those constructed within public rights of way, remain the property and
responsibility of the Developer and subsequent property owners, subject to the City's or other governmental unit's
rights to access and maintain their rights of way.
13, Phased Development, The plat shall be developed in one (1) phase in accordance with Plans A-F.
14, Effect of Subdivision Approval, For two (2) years from the date of this Agreement, no amendments to the City's
Comprehensive Plan, except an amendment placing the Plat in the current urban service area, or removing any part thereof
which has not been final platted, or official controls, shall apply to or affect the use, development density, lot size, lot
layout or dedications or platting required or permitted by the approved preliminary Plat unless required by State or Federal
law or agreed to in writing by the City and the Developer. Thereafter, notwithstanding anything in this Agreement to the
contrary, to the full extent permitted by State law, the City may require compliance with any amendments to the City's
Comprehensive Plan (including removing unplatted property from the urban service area), official controls, platting or
dedication requirements enacted after the date of this Agreement and may require submission of a new Plat.
15, Surface Water Manal!ement Fee, The Developer shall pay an area storm water management charge of $ 56,202,00 in
lieu of the property paying a like assessment at a later date. The fee shall be due and payable at the time of execution of
this Agreement. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081.
16, Wetland Conservation and Mitil!ation, The Developer shall comply with the 1991 Wetlands Conservation Act, as
amended, and the Wetlands Mitigation Plan. The Developer shall pay all costs associated with wetlands conservation and
the Wetlands Mitigation Plan.
17, Water Main Trunk Area Charl!e, The Developer shall pay a water main trunk area charge of $ 8,824,00 for the plat in
lieu of the property paying a like assessment at a later date. This fee shall be due and payable at the time of execution of
this Agreement. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081.
18, Water Treatment Plant Fee, Water Treatment Plant Fees will be paid with the building permit fees.
19, Sanitary Sewer Trunk Area Charl!e, The Developer shall pay a sanitary sewer trunk area charge of $ 8,473,00 for the
plat in lieu of the property paying a like assessment at a later date. This fee shall be due and payable at the time of
execution of this Agreement. The Developer waives any appeal rights otherwise available pursuant to MSA 429.081.
20, Park Dedication, The Developer shall be required to dedicate 0,22 acres of land for park purposes. This park land shall
be improved in accordance with the approved Park Improvement plan and the City's Engineering Guidelines. The
Developer shall pay the City $ 81,272,00 as cash in lieu ofland in satisfaction of the City's park dedication requirements
for the plat. The park dedication fee shall be due and payable at the time of execution of this Agreement. The Developer
waives any appeal rights otherwise available pursuant to MSA 429.081.
4
21. Park Development Fee, The Developer shall pay a Park Development Fee of $3,693,00 that will be used to pay either for
development of the park located in the development, or if no land is taken for park purposes, in the park closest to the
development. The park to which the Park Development Fee for Charleswood Marketplace shall be credited/coded to is
the Meadowview Park (2318-5046). The City shall allow the Developer to either pay the entire park development fee at
the time of final plat filing or to pay the park development fee on a per unit basis at the time that the building permit is
issued for each unit to be constructed in the development, provided that all park development fees shall be paid within five
(5) years of approval of the final plat
22, Sealcoatinf!, The Developer agrees to pay a fee of $ 0,00 for initial sealcoating of streets in the subdivision. (Fees for
Sealcoating public roads in this development were paid as part Charleswood Crossing).
23, GIS Fees. The Developer is responsible for a Geographic Information System fee of $ 425,00 based upon the acreage
within the subdivision. This fee shall be due and payable upon execution of this Agreement
24, Easements, The Developer shall dedicate to the City at the time of filing of the plat with the easements designated on the
Plat.
The Developer shall dedicate to the City at the time of filing the Plat, Outlot A as depicted on the Plat. Upon proof of Plat
filing, the City shall pay Developer $ 100,000.00 as consideration for the conveyance of Outlot A to the City.
Providing a roadway across Outlot A is a required public improvement as part of this development. This roadway will be
constructed by the developer as part of this agreement. The developer understands that at such time as it becomes
necessary to construct a City well on Outlot A, the roadway may be closed for an extended period of time during said
construction. It is further understood, that due to the size of equipment necessary for some maintenance operations at the
well, the roadway may need to be closed when maintenance is being performed on the well.
25, License, The Developer hereby grants the City, its agents, employees, officers and contractors, a license to enter the Plat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of the Required
Improvements. The license shall expire after the Required Improvements pursuant to this Agreement have been installed
and accepted by the City.
26, Clean Up, The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of off site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
27, Security, To guarantee compliance with the terms of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all Required Improvements in the plat and construction
of all Required Improvements in the plat, the Developer shall furnish the City with a cash escrow, irrevocable letter of
credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 389,900,00. The bank and
form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and
wording exactly as shown on the attached Letter of Credit form (Exhibit "C"). The security shall be automatically
renewing, The term of the security may be extended from time to time if the extension is furnished to the City
Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the Required Improvements
are not completed, or terms of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of
credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any
violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows:
Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
$ 137,500,00
$ 30,850,00
$ 28,910,00
$ 87,510,00
$ 93,490,00
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
$ 1,880,00
$ 750,00
$ 5,000,00
$ 4,010,00
$ N/A
5
Two Years Principal and Interest on Assessments $ 0,00
This breakdown is for historical reference; it is not a restriction on the use of the security.
Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer that the Required Improvements been
completed in accordance with the approved plans and specifications, and terms of this Agreement, and that all fmancial
obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the
security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations
that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security
until all improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have
been received by the City, a warranty security is provided, and the Required Improvements are accepted by the City Council.
28, Responsibilitv for Costs,
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development of the Plat, including but
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs,
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in
monitoring and inspecting the construction for the development of the Plat.
B. The Developer, except for City's willful misconduct, shall hold the City and its officers and employees harmless from
claims made by itself and third parties for damages sustained or costs incurred resulting from Plat approval, the
Developer's construction of the Required Improvements and the development as a whole. The Developer shall indemnify
the City and its officers and employees for all costs, damages or expenses which the City may payor incur in consequence
of such claims, including attorney's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Agreement, including engineering and
attorney's fees. In the event that the City receives claims from labor, materialmen, or others that have performed work
required by this Agreement, that the sums due them have not been paid, and the laborers, materialmen, or others are
seeking payment from the City, the Developer hereby authorizes the City to commence an Interpleader action pursuant to
Rule 22, Minnesota Rules of Civil Procedure for the District Courts, to draw upon the letters of credit in an amount up to
125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such deposit, the Developer shall
release, discharge, and dismiss the City from any further proceedings as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this Agreement.
D. The Developer shall pay in full all bills submitted to it by the City within thirty (30) days after receipt. If the bills are not
paid on time, the City may halt all Plat development work until the bills are paid in full. Bills not paid within thirty (30)
days shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days, the
City has the right to draw from the Developers security to pay the bills.
29, Trash Enclosures, The Developer is responsible to require it's Contractor to provide on site trash enclosures to contain
all construction debris, thereby preventing it from being blown off site, except as otherwise approved by the City Engineer.
30, Portable Toilets, The Developer is responsible to require it's Contractor to provide an on site portable toilet, except as
otherwise approved by the City Engineer.
31. Wetland Buffer and Natural Area Sil!:ns, The Developer is responsible for installing Wetland Buffer signs around all
wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's
Engineering Guidelines and City detail plate GEN-13. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building permit for that lot.
32, Existinl!: Tree Preservation, The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
6
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
33, Developer's Default, In the event of default by the Developer as to any of the work to be performed by it hereunder, the
City may, at its option, perform the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as determined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for permission to enter the land.
When the City does any such work, the City may, in addition to its other remedies, assess the cost in whole or in part.
34, Miscellaneous,
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written permission of the City Council. The Developer's obligation hereunder
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the terms of this Agreement by the Developer shall be grounds for denial of building permits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity of the remaining portion of this Agreement.
D. Building permits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and
private utility installation, curb and gutter, installation of erosion control devices, installation of permanent street signs and
wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk
anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only
construction of noncombustible materials shall be allowed until the water system is operational. If permits are issued prior
to the completion and acceptance of public improvements, at the discretion of the City, the Developer assumes all liability
and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City,
Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Normal procedure requires that
streets needed for access to approved uses shall be paved with a bituminous surface before building permits may be issued.
However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent
completion of street projects before the end of the construction season. The Developer is responsible for maintaining said
streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
F. The Developer represents to the City, to the best of its knowledge, that the Plat is not of "metropolitan significance" and
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
determines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the Plat complies with all City, County,
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City determines that the Plat does not comply, the City may, at its option,
refuse to allow any construction or development work in the Plat until the Developer does comply. Upon the City's
demand, the Developer shall cease work until there is compliance.
7
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or
has obtained Consents to this Agreement, in the form attached hereto, from all parties who have an interest in the property;
that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
I. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $1,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance
written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the
City prior to the City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of this Agreement. Subject to the provisions of paragraph 33 hereof, this
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
L. The Developer will be required to conduct all major activities to construct Plans A-G during the following hours of
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per
occurrence in accordance with paragraph K of this section.
M. The Developer is responsible provide a rock construction entrance for construction site. This rock construction entrance is
required to be installed upon initial construction of the development. See City Standard Plate ERO-08 for construction
requirements.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33.
O. Third parties have no recourse against the City under this contract.
35, Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
Fargo Northern, LLC
3120 Woodbury Drive, Suite 100
Woodbury, MN 55125
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
8
Peter J. Herlofsky, City Administrator
City of Fannington
325 Oak Street
Fannington, MN 55024
9
SIGNATURE PAGE
CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
By:
Peter J. Herlofsky Jr., City Administrator
DEVELOPER:
Fargo Northern, LLC
A Minnesota limited liability company
By:
Its:
Gonzalo Medina Perez
Chief Manager
Drafted by:
City of Farmington
325 Oak Street
Farmington, Minnesota 55024
(651) 463-7111
10
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this day of , 20 by
Kevan A. Soderberg, Mayor, and by Peter J. Herlofsky Jr., City Administrator, of the City of Farmington, a Minnesota
municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(ss.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of
,20
by
Gonzalo Medina Perez, the Chief Manager of Fargo Northern, LLC,
A Minnesota limited liability company, under the laws of Minnesota, on behalf of the limited liability company.
Notary Public
11
EXHIBIT" A"
LEGAL DESCRIPTION
That part of Outlot B , CHARLESWOOD, according to the recorded plat thereof, Dakota County, Minnesota, described as
follows:
Commencing at the Northeast comer of said Outlot B; thence South 89 degrees 37 minutes 55 seconds West, assumed bearing,
along the North line of said Outlot B, a distance of 15.00 feet to the point of beginning; thence South 00 degrees 13 minutes 31
seconds East, a distance of609.56 feet; thence Westerly, along a non-tangential curve, concave to the North, having a radius of
199.44 feet; a central angle of 44 degrees 41 minutes 16 seconds, and an arc length of 155.55 feet, the chord of said curve bears
North 67 degrees 52 minutes 53 seconds West; thence North 45 degrees 32 minutes 15 seconds West, tangent to said curve, a
distance of392.28 feet; thence Northwesterly, along a tangential curve, concave to the Northeast, having a radius of220.00 feet
and a central angle of 45 degrees 10 minutes 10 seconds, having an arc distance of 173.44 feet; thence North 00 degrees 22
minutes 05 seconds West, tangent to said curve, a distance of 118.98 feet to said North line of Outlot B; thence North 89
degrees 37 minutes 55 seconds East, along said North line of Outlot B, a distance of 484.73 feet to the point of beginning.
12
EXHIBIT "B"
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
LETTER OF EXEMPTION
DAKOTA COUNTY PROPERTY RECORDS
1590 HIGHWAY 55
HASTINGS MN 55033-2392
To Whom It May Concern:
Please find enclosed, deed(s) on the parcel(s) listed below, We are requesting the parcels be classified as
Exempt Properties,
PARCEL ID# LEGAL DESCRIPTION USE
(wetland, storm water
facility, park or well site)
Please sign letter below and return to me at the address above verifying the exemption status,
Thank you,
Sincerely,
Tracy Geise
Accounting Technician/Special Assessments
Enclosure( s)
Signature
Date
13
EXHIBIT "e"
IRREVOCABLE LETTER OF CREDIT
No.
Date:
TO: City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Sir or Madam:
We hereby issue, for the account of
of Credit in the amount of $
undersigned bank.
. and in your favor, our Irrevocable letter
, available to you by your draft drawn on sight on the
The draft must:
a) Bear the clause, "Drawn under letter of Credit No. , dated
(Name of Bank) ";
b) Be signed by the Mayor or City Administrator of the City of Farmington.
c) Be presented for payment at (Address of Bank)
,20_, of
This letter of Credit shall automatically renew for successive one-year terms from the date indicated above
unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the
Farmington City Administrator that it intends to modify the terms of, or cancel, this letter of Credit. Written notice is
effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the
next annual renewal date addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN
55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, International Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
[NAME OF BANK]
By:
[name]
Its: [identify official
14
.
DEVELOPMENT CONTRACT
AGREEMENT dated this 2nd day of ot'\pril, 2007,J!y,_!!.t;!'!.':~t;!I1_!l!!(t!ll!l_!!!I1Ll.ht;_~llY._Qf.f_,!I]!!ll!g!9_1!,--'!_Mj!l!!t;~9~..!!lI!!Ijl?jp_l!L------ Deleted: October,2006
corporation (CITY) and,fargo Northern, LLC,_'!_Mj!l!!t;~9~!l_Jimited liabiIil): comQanY_(I?.~Y_~hQ~~~l...u_________.._____________________ Deleted: Kami. Incorporated
...............
1. Request for Plat Approval. The Developer has asked the City to approve a plat for Charleswood Marketplace (also Deleted: corporation
referred to in this ~mement ~_!i!l?_!'}:AIL-,!'.ht;_~'!!I~_i.s_..sj!!i~t~c!_!!I_!~~__C;:j!Y_9fE'!!!!Ij!lgt~!1,_~_Q!l!!t):_QfJ?!.l~Q~,_~~!l?_9.L_----- Deleted: Development Contract
Minnesota, and is legally described on the attached Exhibit "A"; [CONTRACT or AGREEMENT]
2. Conditions of Approval. The City hereby approves the.fJ&9!!~!I_~_"-l!!I_<!ltj9_1!~)_i!'!!:'_____________m____m_____mmm____m____---{ Deleted: plat
a) the Developer enter into this Agreement; and
b) the Developer provide the necessary security in accordance with the terms of this Agreement; and
c) the Developer record the~_':YJ~!I_!~~_~9_l!!I!Y_~~~~c!!l!_9!_~l?gj~~!_9f_'[i!!l?~_':YJ_t.hi_I!~_1}!l!!I.t.h~.!I_t}~!.~!t):_C;:~~!l.l,iJ_mm_~------ Deleted: plat
approval 0 f the final ~__ _ __ _ _ ____ _ _ _ _ _ _. _ _ __ _ _ _ _. _ ____ _ _ __ _ _ _ _ _ _.... _ _ _ _ _ _ __ __ _ __ _ __ _ _ _ _ _ _ ___ _ ___ _ __ _ _ _ _ _ _ __ ____ _ _ _ _ _ _ _ ____ _ __ _ _ '. .... Deleted: 6
..........
".
3. Development Plans and Rll!ht to Proceed. The Developer shall develop the plat in accordance with the following plans. Deleted: plat
The plans shall not be attached to this Agreement. The plans may be prepared by the Developer, subject to City approval,
after entering into this Agreement but before commencement of any work in the plat. If the plans vary from the written
terms of this .dgreemen!.. _s_l!l.?j!ls:.t_!9 ..P!l_I}l~P_i!~ _ ~_'!!I_<! _~~gl_ !i!l? ..p!!.l!!~..s.h'!!~ S:_!!!I!~9), _ n~_~_q~jrl?!i_p'I.a:!}~ _'!~l?, _ _ ____ __ _ __ _ _ _ _ __ __ _ _ __, -' - { Deleted: Contract
~
Plan A - Final Plat
Plan B - Soil Erosion Control and Grading Plans
Plan C - Landscape Plan
Plan D - ~_ ~)!.l!! ___ _ _ _ _.. _ _ _ __ _ _ _ _ _ _ _ _ __ _ _ _ _ __ __. ____ _ _ __ _ _ _ _ ___ __ _ __ _ _ _ _ _ _ _ __ __ __ _ _ _ _.. _ _ _ _ _ _.. __ _ _ _ _ __ _ _ _ __ __ _ _ _ _ ___ _ _ -- ,-'
Plan E -l!uild ing Elevations _ __ _ _ _ ___ _ __ _ _ _ _ _. _ __ _____ _ __ _ ___ _ _ __ _ _ _ _. _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ _ _ _ _ _ ____ _ _ _ _ __ __ _ __ ___ _ _ _ _____ _ _ _ __
The Develop~I::a~1 ~~~:~:::~::o~tt:!l:~~~!~~~::~~~~:~::~:::i~;~-~~:~~~~~~~~;~~-~~l~~-~~-~-~;i-I~;:~~~-------~';~:':~-..
underground natural gas, electrical, cable television, and telephone. The installation of these utilities shall be constructed
within public rights-of-way or public drainage and utility easements consistent with the city's engineering guidelines and
standard detail plates.
Deleted: Park Improvement
Deleted: ZoninglDevelopment Map
Deleted: Wetlands Mitigation as
required by the City"j
Plan G-
Deleted: Street
Within the ,flat l!! _ ~'!!I~!9_ ~.t; P.~'!!t_~<!' _th.t; }.?_~Y!l)9~L JE'!Y_ !l_!!! _"Q!1..5.l!}I,,,! ~~~_~~)j!l~s-,_~!l!!l! _F!!t;~l_s_tr~~t..s,_l,I!W!jl?~ _p~l.?!l" _!!! _ _ _ _ _ __ - -' -- { Deleted: plat
private improvements or any building until all of the following conditions have been satisfied:
a) This agreement has been fully executed by both parties and filed with the City Clerk,
b) Plans B through F have been aooroved bv the City.
l<.l.-The necessary security has been received by the City, .....---..-{ Formatted: Bullets and Numbering
~The plat has been submitted for recording with the Dakota County Recorder's Office, and
~The City Clerk has issued a letter stating that all conditions have been satisfied and that the Developer may proceed.
1
.
'sales Office Reoulrements.__At_!l.1!Y. )?l:~~lq!.1__\y'!!~j!.1__th~_p}!l_t__\Yh~~_!!?~~_ AI!~!?EJ.!!?_'!1_~~_~~__~!lJ_~hi~_I!_!i~_.P!i!!_!?X_thiL------{ Deleted: ,
subdivision, the Developer agrees to install a sales board on which a copy of the approved plat, final utility plan and a
zoning map or planned unit development plan are displayed, showing the relationship between this subdivision and the
adjoining neighborhood. The zoning and land use classification of all land and network of major streets within 350 feet of
the plat shall be included.
I 4.
.
5,
Zonln2IDeveloDment MaD. The Developer shall provide an 81/2" x 14" scaled map of the plat and land within 350' of
the plat containing the following infonnation: (Submittal of a Zoninl!!Develooment Mao is not necessarv with this
Develooment Contract)
a. platted property;
b. existing and future roads;
c. future phases;
d. existing and proposed land uses; and
e. future ponds.
6.
ReoulredJmDrovements..J.1l_~J?.l<'!:~!!?.Rc:L~I!!i!Li!l.~~'!U_!i!l.lJ..P!iy.X<!.r:Q1_~X<!.U~~i!l.g in accordance with Plans A through F:_____~:::::: Deleted: Public
Deleted: and <ASSESSED AREA>
Assessmen ts
a. Sanitary Sewer Lateral System h. Sidewalks and Trails
b. Water Ma in Latera I System. _ ____ _ _ __ _ on _ _ _ _ _ __ __ _ __ _ _ _ __ _ _ _ _ ____ L!l!_q~lq!.1_ ~!?!!t..r.<!.~_ ~J!~_Q~!!.i!!g_~!.1_q _~!?.1!lJj!.1.& ___ __ __ _ _____ __ _ __ _ _ _ _ _ ___
c. Stonn Sewer j. Traffic Control Devices
d. Streets k. Setting of lot & Block Monuments
e. Concrete Curb and Gutter 1. Surveying and Staking
f. Street Signs m. Landscaping, Screening, Blvd. Trees
g. Street Lights
The ,B.!;9uired Improvements _ ~~!l}!_ ~_~_ i.I!~~!I.~lJ _!!.1_!l_~~!?!.!!~!l~_~ _ Y!!th_!'!!i!!~ _ ~_~I!~!?~.z!1_l..._ ~!l.!! _!I! _ ~~_~q~~!l_I!!i~_ _\y.!~~_ !i}!_ !~~~1_9!Y_ ~- - - ---
Standards, Engineering Guidelines, Ordinances and plans and specifications which have been prepared by a competent ------
registered professional engineer furnished to the City and reviewed by the City Engineer. .B~uired Improvements _!.1~L___
constructed in accordance with the-ilpl:1roved p!!i!l.~..'!I!~_~P.l:!i!!l~~!i.q!l_s}_~~I!!?!!t_p_r:i~r:!l_l!!I!!?Ei?:!tj!?_I!_qHI!~_qlY.g!l.&!I!~~!J_~~!l}L~~__ ---
considered a violation of this agreement and a Default of the Contract. The Developer shall obtain all necessary pennits from ------
I the Metropolitan Council and other agencies before proceeding with constructioq. of the Re!luired Iml2rovements. __:Q:1~________
Developer shall instruct its engineer to provide adequate field. inspection personnel to assure an acceptable level of quality
~ control to the extent that the Developer's engineer will be able to certity that the construction work for the Reauired
Imorovements meets the approved City standards as a condition of City acceptance. In addition, the City may, at the City's
discretion and at the Developer's expense, have one or more City inspector(s) and a soil engineer inspect the work for the
Reouired Imorovements on a full or part time basis. The Developer or his engineer shall schedule a pre-construction meeting at
a mutually agreeable time at the City Council chambers with all parties concerned, including the City staff, to review the
program for the construction work. Within sixty (60) days after the completion of the improvements and before the security is
I released, the Developer shall supply the City with a complete set of "As Built" plans for the Reauired Imorovements as
specified in the City's Engineering Guidelines.
If the Developer does not provide such infonnation, the City will produce the aforementioned as-built drawings. All costs
associated with producing the as-built drawings will be the responsibility of the Developer.
All bike trails and sidewalks to be constructed as part of the development must be completed before building pennits will be
issued.
Deleted: (trunk and lateral)
Deleted: improvements
Deleted:G
Deleted: Work done
Deleted: final
Deleted: .
Before the security for the completion of the .B.109uired Imj!rovements .i~__r:~!~~~~_q,_i.r:q!l_))!!?!!l!!I)~!!lJ._!I)!l~_t__~~..i!!~~U~_qj!l__----'-{ Deleted: utilities
accordance with M.S. ~505.02. The Developer's surveyor shall submit a written notice to the City certitying that the
monuments have been installed.
.. .-' Deleted: <ASSESSED AREA>
. - - ------ - -- - --- - - - - - -- -- --- - -- ---- -- ------- - -- - -- -- --- - - -- - - -- - - --- - -- - -- -- --- -- - - - - --- - - -- - a - - - - - - - - -- - - - --- --- - --.. - -- -- - - - - -- -- - --- -- -- - -- - -...'::........ Assessments'
Formatted: Footer
2
.
7. .;rIme of Performance. The DeveloQl;r shall install all Re9uired Iml!rovements. by October 3 I. 2007. in accordance with _....-.
the reauirements set forth in the City's Engineering Guidelines. The Develooer may. however. reQuest an extension of time
from the City to complete the Reauired Imoroyements. If an extension is lmInted. it shall be conditioned upon uodating the
security posted by the Develooer to reflect cost increases. An extension of the security shall be considered an extension of
this Agreement and the extension of the Al!I'eement will coincide with the date of the extension of the security. Final wear
course for all streets covered by this contract shall be olaced by September I. 2008.
8. OwnenhlD of ImDrovements. Upon the comoletion of the work and construction reauired to be done by this Al!I'eemenl.
and written acceDtance by the City Engineer. the imorovements lying within oublic easements shall become City orooertY.
exceDt for cable TV. electrical. gas. and teleohone. without further notice or action.
Outlot A shall be deeded to the City at the time of Dlatting.
....--------------------------------------------------------------------------------------------------------_._-------------------------------~,
9, .Warran!l:. The Develo~r and the Develoefrs En&ineer rel!resent and warrant to the City that the desim of the Re$luired -'.
ImDrovements for the oroiect meets all laws. City Standards. Engineering Guidelines and Ordinances. The Develooer .... \
warrants all Reauired ImDrovements to be constructed by it Dursuant to this Al!I'eement against DOOr material and faulty ... ~:.
workmanship. The warranty oeriod for streets is one year. The warranty oeriod for underl!TOund utilities is two Years. The """:;"
warranty oeriod for the streets shall commence after the final wear course has been comoleted and the streets have been .... ..:
accepted by the City Engineer in writing. It is the resoonsibility of the Develooer to reQuest. in writing. City acceotance of ..:
the streets. Failure of the Developer to reauest acceDtance of the streets in a timely manner shall not in any way constitute ..
cause for the warranty oeriod to be modified from the stiDulations set forth above. The warranty oeriod on underl!TOund
utilities shall commence following their comDletion and acceDtance by the City Engineer in writing. It is the responsibility
of the Develooer to comDlete the reauired testing of the underground utilities and reauest. in writing. City acceptance of the
utilities. Failure of the Develooer to comDlete the reauired testing or reauest acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty oeriod to be modified from the stiDulations set forth above. All trees
reauired pursuant to this Al!I'eement shall be warranted to be alive. of good auality. and disease free for twelve (12) months
after the security for the trees is released. Any reDlacements shall be warranted for twelve (12) months from the time of
Dlanting. The Develooer shall post maintenance bonds or other surety acceptable to the City to secure the warranties for
the Reauired ImDrovements. The City shall retain ten oercent (10%) of the security posted by the Develooer until the
bonds or other acceptable surety are furnished to the City or until the warranty oeriod has been comoleted. whichever first
occurs. The retainage mav be used to Dav for warranty work. The City's Engineering Guidelines identilV the orocedures
for final acceptance of streets and utilities.
10. ,&radlni Plan, The Plat shall be &!]ded and drainage Jlrovided by the Develo~r in accordance with the Construction
Plans. Notwithstanding any other Drovisions of this Al!I'eemenl. the DeYeloper may start rough grading the lots within the '\
stockDile and easement areas in conformance with Plan B before the Dlat is filed if all fees have been oaid. a MPCA \.
Construction Storm Water Permit has been issued. and the City has been furnished the reauired security. Additional rough ....
lmIding may be allowed upon obtaining written authorization from the City Engineer. A MPCA Construction Storm Water
Permit must be obtained before any lmIding can commence on the site. The develooer may not make changes to lmIding
affecting drainage until the City Engineer has aODroved the oroPOsed grading changes.
11. Erosion Control and Fees, After the site is rough graded. but before any utility construction is commenced or building
oermits are issued. the erosion control olan. Plan B. shall be implemented by the Develooer and inspected and aDoroved by
the City. The City may impose additional erosion control reauirements if it is determined that the methods imolemented
are insufficient to orooerly control erosion. All areas disturbed by the excavation and back-filling ooerations shall be re-
seeded forthwith after the completion of the work in that area. All seeded areas shall be fertilized. mulched and disc
anchored as necessary for seed retention. The oarties recol!11ize that time is of the essence in controlling erosion. If the
Develooer does not comoly with the erosion control olan and schedule. or supplementary instructions received from the
City. or in an emergency determined at the sole discretion of the City. the City may take such action as it deems appropriate
to control erosion immediately. without notice to the Deyelooer. The City will endeayor to notify the Deyelooer in
advance of any Droposed action but failure of the City to do so will not affect the Develooer's and the City's rights or
obligations hereunder. If the Develooer does not reimburse the City for any costs of the City incurred for such work within
thirty (30) days. the City may draw down the letter of credit to Day such costs. No development will be allowed and no
building oermits will be issued unless the Plat is in full comoliance with the erosion control reauirements.
3
.
Deleted: The parent parcels of
<DEVELOPMENT> have been assessed
for improvements to <ASSESSED
AREA>. The total levied assessment
amount for the parcels is:'
,
Parcel Nos. Total amount levied:
$<ASSESSED AMOUNT>'
<PARCEL>'/
,
A portion of the levied assessment plus
interest becomes due with the final
platting of <DEVELOPMENT>. The
amount due with <DEVELOPMENT>
will be calculated proportionally based on
the area of <DEVELOPMENT> being
developed in relation to the entire area of
the property. The remaining balance of
the levied assessment shall remain levied
against the unplatted portion of the parent
parcel.'
Formatted
Formatted: Left, Tabs: Not at OS
Deleted: The Developer may elect to
pay the assessment in cash at the time of
final plat approval or have it prorated and
reassessed to the lots and blocks of
<DEVELOPMENT>. If assessed, the
assessments shall be spread over a 10-
year period with 6.5% interest on the
unpaid balance from the time of the
initial adoption of the assessment to the
parent parcel. The reassessments shall be
deemed adopted on the date this Contract
is signed by the City. The Developer
waives any and all procedural and
substantive objections to the special
assessments, including but not 1imited to,
hearing requirements and any claim that
the assessments exceed the benefit to the
property. The Developer waives any
appeal rights otherwise available
pursuant to M.S.A. 429.081.'
Deleted: <#>Tlme or Perrorman.e.
The Developer shall install all required
public utilities, by September 30, 2004,
in accordance with the requirements set
forth in the City's Engintering
Guidelines. The Developer may,
however, request an extension of time
from the City. If an extension is granted,
it shall be conditioned upon updating the
security posted by the Developer to
reflect cost increases. An extension of
the security shall be considered an
extension of this contract and the
extension of the contract will coincide
with the date of the extension of the
security. ,
,
<#>Ownenhfo of Imorovements.
Upon the completion of the work and
construction required to be done by this
Agreement, and written acceptance by
the City Engineer, the improvements
lying within public easements shall
become City property. except for cable
1V, electrical, gas, and telephoneClll
+,
A. .;me Develo~r shall be solely res~nsible for the installation ofallllroject landscalling, includinil but not limited to the ,\.
boulevard trees. The resoonsibility for the installation of boulevard trees will not be transferred to third oarties. .. ...
B. AlllUllded areas. includim! finish grade on lots. will reauire a minimum of6" of black dirtltoosoil. \....
C. Retaining walls with)) a heil!ht that exceeds four feet or 2) a combination of tiers that exceed four feet or 3) a three ... \.
foot wall with a back slooe greater than 4 to I shall be constructed in accordance with olans and soecifications \. \.
oreoared bv a structural or geotechnical engineer licensed bv the State of Minnesota. Following construction of any \. ...
retaining walls. a certification sil!l1ed by the desil!l1 engineer shall be filed with the City Engineer evidencing that the ...
retaining will was constructed in accordance with the aoproved olans and specifications. All retaining walls that are '
part of the Construction Plans. or soecial conditions referred to in this AlITeement that are reQuired to be constructed.
shall be constructed and certified before any building oermit is issued for a lot on which a retaining wall is reQuired to
be buill. Alllandscaoing features. including those constructed within oublic rights of way. remain the orooertv and
resoonsibilitv of the Develooer and subseauent orooertv owners. subiect to the City's or other governmental unit's
rights to access and maintain their ril!hts ofwav. :<.<
13. ,rhased Development, The Rlat shall be develooed in one (I) l1hase in accordance with Plans A-F. _________________________/<./
., :
14. ,t;rrect of SubdivisIon Apl!.roval. For two e2l years from the date of this Agreement, no amendments to the Ci]X's./
Comorehensive Plan. except an amendment olacing the Plat in the current urban service area. or removing any Dart thereof / /
which has not been final olattedt or official controls. shall aoolv to or affect the use. develooment density. lot size. lot If
lavout or dedications or olattine: reouired or oennitted by the aooroved oreliminarv Plat unless reauired bv State or Federal If "
'"
law or alITeed to in writing bv the City and the Develooer. Thereafter. notwithstanding anything in this AlITeement to the :::
contrary. to the full extent oermitted bv State law. the City may reQuire comoliance with any amendments to the City's //!!
f 1/,//
Comorehensive Plan (including removing unolatted orooertv from the urban service area), official controls. olatting or : I::: .
dedication requirements enacted after the date of this Agreement and may reQuire submission ofa new Plat. J!i}(
15, ,Surface .Water Management F~ The Develo~r shall Ray an area storm water management charge of i 56J02.00 in+j::/
lieu of the orooertv oaving a like assessment at a later date. The fee~hall be 4!l~.!~!}~_p.!!Y!l_~~<<;_~Uh<<;_~i!!l~_~L<<;~~'!!~~!I_2.L.."'-
this~R!:eemenl. The Develoj2Sr waives any ap'~1 rights otherwise available l1ursuant to MSA 429.081. ______________________...-..
16. .Wetland ConservatIon and Mltli:atlon. _.J}1~__Q<<;y~I.o~!._~~~!!~:yi!~_ the 1991 Wetlands Conservation A~t, ~.--::~.
amended. and the Wetlands Mitil!ation Plan, The Develo11!<r shalllla): all costs associated with wetlands conservation and .....
the Wetlands Mitil!ation Plan. -"",<:
,,- - ---- - - - -. - -- -. - -. - - - - ---- - - -- --- - - -- - - --- - - - - - - --.- - - ---- - - - - -- -..- - - ---- - - - - - - - - -- - - - - -- -- - -- - -- -. -- - -. - -.. - - -. - -- - - - - - -- - - - - - -- - - - ---- --- -... ~ ~
17, Water Main Trunk Area Chal'l!.e. The Develooer shall Day a water main trunk area charge ofS 8.824.00 for the olat in "'.
lieu of the orooertv oaving a like assessment at a later date. This fee shall be due and pavable at the time of execution of ""
this AlITeement. The Develooer waives any aoneal ril!hts otherwise available oursuant to MSA 429.081. "
.................
18, .Water Treatment Plant Fee, Water Treatment Plant Fees will be Raid with the buildingR!:rmit fees. .___.____________________.... '. Formatted: Footer
".
The Develooer is resoonsible for Erosion Control Insocctlon fees at the current rates. The Develooer is also
resoonsible for a Water Quality Manal!ement Fee of S 680.00 based uoon the number of acres in the DIal. This fee shall
be due and oavable at the time of execution of this AlITeemenl. The Develooer waives any aooeal ril!hts otherwise available
oursuant to MSA 429.081.
12. ~andscal!ln~. The Develo~ shalllandscaR!: the l!lat in accordance with The Construction Plans. The landsca~ing shall /
be accomolished in accordance with a time schedule approved bv the City.
19, 'sanltarv Sewer Trunk Area Chante. The Develo~r shall pa"y~ sanitaa sewer trunk area charl::e of18,473.00 for the
R!&-in lieu of the property paying a Ifke-ass~ss~~nt.at-a-iater date. ,This fee shall be due and paxable at the: ti'!le o.f ~;'>"
execution of this Al!.reement. The DeveloDer waives any aODea! rights otherwise available oursuant to MSA 429.081. \, \.
20. Park Dedication. The Develooer shall be reQuired to dedicate 0.22 acres of land for Dark OUfDOses. This Dark land shall \',,::,..,
be imoroved in accordance with the aooroved Park Imorovement olan and the City's Engineering Guidelines. The .
Develooer shall Day the City S 81,272,00 as cash in lieu orland in satisfaction of the City's Dark dedication reauirements
for the olat. The Dark dedication fee shall be due and oavable at the time of execution of this AlITeement. The Developer
waives any appeal rights otherwise available pursuant to MSA 429.081. ._______uu______________________________________________..-.-.
4
.
Deleted: <#>Warrantv. The
Developer and the Developers Engineer
represent and warrant to the City that the
design for the projec' meets all laws, City
Standards, Engineering Guidelines and
Ordinances. The Developer warrants all
improvements required to be constructed
by it pursuant to this Contract against
poor material and faulty workmanship.
The warranty period for streets is one
year. The warranty period for
underground utilities is two years. The
warranty period for the streets shall
commence after the final wear course has
been compleied and the streets have been
accepted by the City Engineer in ... 2
Deleted: <#>Gradlna Plan. The plat
shall be graded and drainage pro ... 3
Deleted: If the developer needs to
change grading affecting drainag ...
Formatted: Justified
Formatted
Formatted: Under1ine
Deleted: Quality
Formatted: Under1ine
Deleted: is
Deleted: agreement.
Deleted: Landsnolna.
Formatted
Deleted: landscape the pial in
accordance
Deleted: Stonn sewer charges for
subsequent phases shall be calc ... 15
e27.
I
. Formatted: Font: Bold, Underline
21. ParkDevelopment.Fee. The Develo11S! shall Ray a Park Develollment Fee of~3,693.00 that will be used to l.!ax either fo~_......::~_
development of the park located in the development. or if no land is taken for park pUrPOses. in the park closest to the ... Formatted: Numbered + Level: 1 +
development. The park to which the Park Development Fee for Charleswood Marketplace shall be credited/coded to is"', Numbering Style: 1,2,3, ... + Start
_ _ - - at: 19 + Alignment: Left + Aligned
the Meadowvlew Park (2318-5046). The Ci shall allow the Develo er 0 either a the entire ark develo ment fee at ... at: 0" + Tab after: 0.26" + Indent
the time of final plat filinl!. or to pav the park development fee on a per unit basis at the time that the uildin ennit is .... at: 0.26"
issued for each unit to be constructed in the development. provided that all park development fees shall be aid ithin Ive .. Deleted: Contracts for those phases are
(5) vears of approval of the finalRlA~________________________________________________________________________________________________ I entered into.'
\ ,
Fees fo...., \::, <#>Wetland CORservatlon and
Mlth,allon. The Developer shall comply
with the 1991 Wetlands Conservation
, Act, as amended. and the Wellands
23. ,(iIS Fees, The Develo~r is res)l:Qnsible for a Geo~hic Information S'tlitem fee of ~ 425,00 based uWn the acreage _ \ Mitigation Plan. The Developer shall pay
within the subdivision. This fee shall be due and pavable upon execution of this Al!.feement \ .,i all costs associated with wellands
I ~' conservation and the Wetlands
... _. _._ ___ _ _ _ _ _ _ _ _ _ _ _ __ _ _ _ _ _ _ __ _ ___ _ _ __ __ __ _ _ ____ _ _ _ _ __ _ __ __ __ _ _ __ ____ _ _ __ __ _ _ _ _ _ _ __ _ _ _ _ _ _ __ __ _ __ _____ _ _ _ _ ___ _ _ _ _ _ _ __ _ _ _ _ _ _ _ __ __ _ _ __ _ _ _ _ ___ _ _ _ _,~ ~~ Mitigation Plan.'
24. .Easements. _J11.!U?_~Y~J9~!.~J.1!1.1J.f!~_<!!<::~!!l 0 the Cit at the time of Ilin of the la with the asements desi ated on th \ ~\ ,
lat. \ ~~ Water Main Trunk Area Chanre. The
~ ~~~ Developer shall pay a water main trunk
The Develon<>r shall dedicate to the Citv at the time of filing the Plat. Outlot A as denicted on the Plat. Unon nroof of Plat \ ~\\ area charge of$ <WATER MAIN
~..., ~ '" =' ... . , ~. TRUNK AREA CHARGE> for the plat
filinl!. the Citv shall pav Developer $ 100.000.00 as consideration for the convevance of Outlot A to the Citv. : \ ~.\\ in lieu of the property paying a like
~ \ ~~~~ assessment at a later date. The charge
lroviding a roadway across Outlot A is a reguired public imJ2rovement as Rart of this develoJ]ment. This roadway will be J \\ ~W. shall be assessed against the lots
constructed bv the developer as part of this al!.l'eeJTlent. The developer understands that at such time as it becomes \S \\ ~\\ Formatted: Font: Not Italic
necessarv to construct a Citv well on Outlot A. the roadwav mav be closed for an extended period of time durinl!. said \; \\ .~\' Del ted. h
. I' Ii h d oed h d h' f . " . . ,.'.' e .t e
constructIon. t IS urt er un erst . t at ue to t e SIze 0 eQuIpment necessarv .or some mamtenance operattons at the \~ .: \~ .
well. the roadway may need to be closed when maintenance is beinl!. performed on the well. \~ '\ \\\ Formatted: Font: Not ItalIC
\; ',\ \~ Deleted:. The net result is Ih
." " .
\; \\ : Formatted: Font: Not Italic
:.. ~,
\S \: Formatted: Normal
I" ,'"
,t' "
It' "
I" ,I
,t'11
\; '\\ Formatted
I" ,I
,t' ,I
\~ :\ Formatted: Font: Bold
:~ '::
,t' "
\~ ~:
\; ;1
\~ ~
\~ ..
\S Deleted: Park Dedl..llon.
"
"
i~
\~ Deleted: be required to ... <P
\~
.'
.'
"
\"
22, 'sealcoatlnl!. _Th<E_P.!l~c;tq~EJ!~s to l?!.lY.J! ee of $ .00 for initial sealcoatin of streets in the
Sealcoatinl!. public roads in this development were paid as part Charleswood Crossinl!.).
$ 137.500.00
$ 30.850.00
$ 28,910.00
$ 87.510.00
$ 93,490.00
$,.1,880.00 ________________-------
$. 750.00 __m__m______------
$,.5,000.00 ______________________
$,4,010.00 ______________________
$. N/A _______________________.__
Deleted: <#>P rk
25. Llcense,__Th!l_P.!ly_~tq~Eh<E~!l~~~!1.~_Q1_~_C;;j!Y,_!~_!.l,g!l!1_~,_<E!1)p_I!>'y~~_s~_9_fTI~~.r..s_AI}9_~~!1~~!9_r..s~_~_!!<::!l!1_s_~_'-~_C;!1!!lr_~~~_ lat
to perform all necessary work and/or inspections deemed appropriate by the City during the installation of he Re uired
Improvements. The license shall expire after the e uired 1m rovements ursuant to his A reemen have been installed
and accepted by the City.
26.
Clean UP. The Developer shall weekly, or more often if required by the City Engineer, clear from the public streets and
property any soil, earth or debris resulting from construction work by the Developer or its agents or assigns. All debris,
including brush, vegetation, trees and demolition materials, shall be disposed of ofT site. Burning of trees and structures
shall be prohibited, except for fire training only. The City has a contract for street cleaning services. The City will have the
right to clean the streets as outlined in current City policy. The Developer shall promptly reimburse the City for street
cleaning costs.
Securltv. To guarantee compliance with the tenns of this Agreement, payment of real estate taxes including interest and
penalties, payment of special assessments, payment of the costs of all ,Be,!luired ImRrovements.!I}_~~!l_pJ!.l!_~!l_<!_<::9_'!.~!J:l!~!!q!l__
of all e uired 1m rovements in the lat, the Develo r shall furnish the Ci with a cash escrow irrevocable letter of ...
credit, or alternative security acceptable to the City Administrator, from a bank (security) for $ 89 900.00. The bank and ...
form of the security shall be subject to the approval of the City Administrator. Letters of Credit shall be in the format and ....
wording exactly as shown on the attached Letter of Credit fonn xhibit "C". The securit shall be automaticall ...
renewing. The term of the security may be extended from time to time if the extension is furnished to the City ....
Administrator at least forty-five (45) days prior to the stated expiration date of the security. If the e uired 1m rovements
are not completed, or tenns of the Agreement are not satisfied, at least thirty (30) days prior to the expiration of a letter of
credit, the City may draw down the letter of credit. The City may draw down the security, without prior notice, for any
violation of this Agreement or Default of the Contract. The amount of the security was calculated as follows:
Formatted
Deleted: <#>Sealcoatlna. Th
Deleted: <#>GtS F.... The
Deleted: public improvements
Grading/Erosion Control
Sanitary Sewer
Water Main
Storm Sewer
Street Construction
Monuments
St. Lights/Signs
Blvd. Trees
Blvd. Sodding
Wetland Mitigation
Formatted: Font: Bold
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Font: Not Bold
Formatted: Font: Not Bold
5
e
Two Years Principal and Interest on Assessments S.l!&.!!...m________m........._________________________________________________.../.
- Deleted: <PRINCIPAL &
INTEREST>
, Deleted: work has
Deleted: public improvements
Deleted: ,
,
, Deleted: plat
,
, Deleted: plat.
, Deleted: <#>The Developer, except for
, City's willful misconduct, shall hold the
City and its officers and employees
, hannless from claims made by itself and
, third parties for damages sustained or
,
costs incurred resulting from plat
approval and development. The
Developer shall indemnify the City and
its officers and employees for all costs,
damages or expenses which the City may
payor incur in consequence of such
claims, including attorney's fees.'
Formatted: Font: Bold, Underline
:~ Formatted: Justified
Z Deleted: <#>The Developer shall
, reimburse the City for costs incurred in
:: the enforcement of this Agreement,
including engineering and attorney's fees.
: In the event that the City receives claims
from labor, materialmen, or others that
have perfonned work required by this
Contract, that the sums due them have
not been paid, and the laborers,
materialmen, or others are seeking
payment from the City, the Developer
hereby authorizes the City to commence
an Interpleader action pursuant to Rule
22, Minnesota Rules of Civil Procedure
for the District Couns, to draw upon the
letters of credit in an amount up to 125%
of the clairn(s) and deposit the funds in
compliance with the Rule. and upon such
deposit, the Developer shall release,
discharge, and dismiss the City from any
further proceedings as it pertains to the
letters of credit deposited with the
District Court, except that the Court shall
retain jurisdiction to determine attorneys'
fees pursuant to this Contract.'
,
<#>The Developer shall pay in full all
bills submitted to it by the City within
thirty (30) days after receipt. If the bills
are not paid on time, the City may halt all
plat development work until the bills are
paid in full. Bills not paid within thirty
(30) days shall accrue interest at the rate
offive percent (5%) per annum. If the
bills are not paid within sixty (60) days,
the City has the right to draw from the
Developers security to pay the bills.,
" , r:::r28f
Deleted: each builder to provide on site
trash enclosures to contain all
construction debris. thereby preventing it
from being blown off site, except as
otherwise approved by the City ~ ... [291
This breakdown is for historical reference; it is not a restriction on the use of the security. .-
. Upon receipt of proof satisfactory by the Developer's Engineer to the City Engineer thatJhe Required ImI2rovements ~~~t1_________// I
completed in accordance with the approved plans and specifications, and tenns ofthis Agreement, and that all financial I,
obligations to the City, subcontractors, or other persons have been satisfied, the City Engineer may approve reductions in the i!
security provided by the Developer under this paragraph from time to time by ninety percent (90%) of the financial obligations II:
that have been satisfied. Ten percent (10%) of the amounts certified by the Developer's engineer shall be retained as security II I
until all improvements have been completed, all financial obligations to the City satisfied, the required "as built" plans have !! !!
been received by the City, a warranty security is provided, and theJ3.SJluired ImRrovements ~r~_~~_"~P!~!!.J:!Y_11}~_~ity~9_1!tI~.i],___jl ! !
. ~ ~...... _. _ _ ___ ____ __ _ _ _ _ _ __ __ __ _ _ _.__ _ _ _ ___ __ _ _ _ ___ __ _ __ __ _ _ _ _ ___ _ __ _ _ __ _ _ _ ____ _ _ _ _ __ __ ___ _ _ _ _ __ __ _ _ _ _ _ _ _ _ _ _ _ _ _ _ __ _ _ __ _ _ __ __ __A _ _ _ __ _ __ _ __ ___.:,' f f
28. Resoonslblllty for Costs, ! !
, '
, '
A. The Developer shall pay all costs incurred by it or the City in conjunction with the development ofthe,f,W._if!<:!\!4i.!1Jt!J!!t.J !
not limited to, Soil and Water Conservation District charges, legal, planning, administrative, construction costs, !
engineering, easements, inspection and utility testing expenses incurred in connection with approval, acceptance and !
development of the plat, the preparation of this Agreement, and all reasonable costs and expenses incurred by the City in !
monitoring and inspecting the construction for the development ofthe~__m____________________________________..._______mj
,
,
,
,
,
,
,
: ~
: '
, ~
, ,
j if
i :;
; p
; ii
: ;:
: if
IiI
Iii
;;f
I;f
Ui
:;i
!Ii
:;1
Hi
:;f
,,'
29, ,J'rash Enclosures. The Develop.!<r is resRonsible to ~uire it's Contractor to provide on site trash enclosures to contain J#
all construction debris. therebv preventing it from being blown off site, except as otherwise approved bv the Citv Engineer. $
._____________________________________________________________________________________________________________________________________________.:1
30, ,lortable Toilets. II]~_ .Q~_'-.:~!~Ql;r _ i~ _r_~~Q~jjJ!~ .!~_!~_q\!jr~ .Jt' s Contractor !~_ p.r~yj!!~}!!l_ QI} _ ~j~~J?9_~.J:!l~ _~l!U~tJ_~~,,~p!_ !I~_ ~
otherwise approved by the City Engineer. \",.."...,...,..
31. Wetland Buffer and Natural Area Slims, The Developer is responsible for installing Wetland Buffer signs around all
wetlands and wetland buffers, and City Natural Areas signs around all ponding areas, in accordance with the City's
Engineering Guidelines and City detail plate GEN-I3. Conservation Area signs will be installed as directed by the City
Engineer. Wetland Buffer line limits; and Wetland Buffer, Natural Area, and Conservation Area sign locations must be
indicated on individual lot surveys prior to the issuance of a building pennit for that lot.
B. The Developer except for City's willful misconduct. shall hold the City and its officers and employees hannless from
claims made bv itself and third parties for damages sustained or costs incurred resulting from Plat approval. the
Developer's construction of the Reauired Improvements and the development as a whole. The Developer shall indemnifv
the Citv and its officers and emplovees for all costs, damages or expenses which the City mav payor incur in conseauence
of such claims. includimz attornev's fees.
C. The Developer shall reimburse the City for costs incurred in the enforcement of this Al!:reement, including engineering and
attornev's fees. In the event that the City receives claims from labor materialmen. or others that have perfonned work
reQuired bv this Al!.Teement. that the sums due them have not been paid. and the laborers. materialmen. or others are
seeking payment from the City. the Developer herebv authorizes the City to commence an Interpleader action pursuant to
Rule 22. Minnesota Rules of Civil Procedure for the District Courts. to draw upon the letters of credit in an amount up to
125% of the c1aim(s) and deposit the funds in compliance with the Rule. and upon such deposit. the Developer shall
release. discharge. and dismiss the City from anv further proceedinl!S as it pertains to the letters of credit deposited with the
District Court, except that the Court shall retain iurisdiction to detennine attornevs' fees pursuant to this Al!.Teement.
D. The Developer shall pav in full all bills submitted to it by the City within thirty (0) davs after receipt. If the bills are not
paid on time. the City may halt all Plat development work until the bills are paid in full. Bills not paid within thirtv (0)
dayS shall accrue interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty (60) days. the
Citv has the ril!.ht to draw from the Developers securitv to pav the bills.
32. Exlstln2 Tree Preservation, The Developer will walk the site with the City Forester and identify all significant trees,
which will be removed by on site grading. A dialogue between the Developer and City Forester regarding alternative
6
.
grading options will take place before any disputed tree is removed. All trees, stumps, brush and other debris removed
during clearing and grubbing operations shall be disposed of off site.
33.
.
Developer's Default, In the event of default by the Developer as to any of the work to be perfonned by it hereunder, the
City may, at its option, perfonn the work and the Developer shall promptly reimburse the City for any expense incurred by
the City, provided the Developer, except in an emergency as detennined by the City or as otherwise provided for in this
agreement, is first given written notice of the work in default, not less than 72 hours in advance. This Agreement is a
license for the City to act, and it shall not be necessary for the City to seek a Court order for pennission to enter the land.
When the City does any such work, the City may, in addition to its other remedies. assess the cost in whole or in part.
34, Miscellaneous.
A. This Agreement shall be binding upon the parties, their heirs, successors or assigns, as the case may be. The Developer
may not assign this Contract without the written pennission of the City Council. .J~~nI?_t;Y~J!>..Q~r~~_!>_~li.Bl!!~<l!1_h<;r~!'_'!~~I._------{ Deleted:
shall continue in full force and effect even if the Developer sells one or more lots, the entire plat, or any part of it. Third
parties shall have no recourse against the City under this Agreement.
B. Breach of the tenns of this Agreement by the Developer shall be grounds for denial of building pennits, including lots sold
to third parties.
C. If any portion, section, subsection, sentence, clause, paragraph or phrase of this Agreement is for any reason held invalid,
such decision shall not affect the validity ofthe remaining portion of this Agreement.
D. Building pennits shall not be issued prior to completion of site grading, submittal of as-built grading plan, public and
private utility installation, curb and gutter, installation of erosion control devices, installation of pennanent street signs and
wetland buffer and natural area signs, paving with a bituminous surface, retaining walls if any, site seeding, mulching, disk
anchoring and submittal of a surveyor's certificate denoting all appropriate monuments have been installed. Only
construction of noncombustible materials shall be allowed until the water system is operational. If pennits are issued prior
to the completion and acceptance of public improvements, at the discretion of the City. the Developer assumes all liability
and costs resulting in delays in completion of public improvements and damage to public improvements caused by the City,
Developer, its contractors, subcontractors, materialmen, employees, agents or third parties. Nonnal procedure requires that
streets needed for access to approved uses shall be paved with a bituminous surface before building pennits may be issued.
However, the City Engineer is authorized to waive this requirement when weather related circumstances prevent
completion of street projects before the end of the construction season. The Developer is responsible for maintaining said
streets in a condition that will assure the access of emergency vehicles at all times when such a waiver is granted.
.
E. Each right, power or remedy herein conferred upon the City is cumulative and in addition to every other right, power or
remedy, express or implied, now or hereafter arising, available to City at law or in equity, or under any other agreement,
and each and every right, power and remedy herein set forth or otherwise so existing may be exercised from time to time as
often and in such order as may be deemed expedient by the City and shall not be a waiver of the right to exercise at any
time thereafter any other right, power or remedy. The action or inaction of the City shall not constitute a waiver or
amendment to the provisions of this Agreement. To be binding, amendments or waivers shall be in writing, signed by the
parties and approved by written resolution of the City Council. The City's failure to promptly take legal action to enforce
this Agreement shall not be a waiver or release.
I F. The Developer represents to the City, to the best of its knowledge, that the .fl!!j;;_!!!~L<lf::!I)~!r!>..Q!>!!t:!I)_~jg!J.iJ}~~~~~~_l!I}~__------{ Deleted: plat
that an environmental impact statement is not required. However, if the City or another governmental entity or agency
detennines that such a review is needed, the Developer shall prepare it in compliance with legal requirements so issued
from said agency. The Developer shall reimburse the City for all expenses, including staff time and attorney fees that the
City incurs in assisting in the preparation of the review.
G. Compliance with Laws and Regulations. The Developer represents to the City that the.l'lM_<:9_'!1..Q!tt;~_\y.H~_~JL~j!Y,_~_<l!.l!!.l):,____----{ Deleted: plat
Metropolitan, State and Federal laws and regulations, including but not limited to: subdivision ordinances, zoning
ordinances and environmental regulations. If the City detennines that the.e!:U.~<l~;;_!1~~~_I!!I)PJYJ_!~~_~~l):_'!!.l!Yl_l!U!~_<lP_tj9!!,____----{ Deleted: plat
refuse to allow any construction or development work in the .fl!!_!.I!!.tjL!J:t~_J.?c::y~J9..Q~rnqQ~_Sn<:9!!1'p-Iy'n!lP~I)J~_t;_9..tty-'_s_____---{ Deleted. plat
demand, the Developer shall cease work until there is compliance. .
7
.
I
.
H. This Agreement shall run with the land and may be recorded against the title to the property. The Developer covenants with
the City, its successors and assigns, that the Developer is well seized in fee title of the property being final platted and/or
has obtained Consents to this.a&eement\ i!H!15<f.<?r:r1! _l!t..t!I_<<I]!=Q -'!~!!l!~,_ !i.:Q!I] _~!! ~~!1i€;~ _~I}~_ !1_l! Y!l_ ~n j!1.t~~€;~U!1. !!1.!l. P-~QP.e.t:.ty~_. - -- -- { Deleted: Contract.
that there are no unrecorded interests in the property being final platted; and that the Developer will indemnify and hold the
City harmless for any breach of the of the foregoing covenants. After the Developer has completed the work required of it
under this Agreement, at the Developer's request the City will execute and deliver a release to the Developer.
1. Developer shall take out and maintain until six months after the City has accepted the public improvements, public liability
and property damage insurance covering personal injury, including death, and claims for property damage which may arise
out of the Developer's work or the work of its subcontractors or by one directly or indirectly employed by any of them.
Limits for bodily injury or death shall not be less than $500,000.00 for one person and $ I ,000,000.00 for each occurrence;
limits for property damage shall not be less than $200,000.00 for each occurrence. The City shall be named as an
additional named insured on said policy, the insurance certificate shall provide that the City must be given 10 days advance
written notice of the cancellation of the insurance and the Developer shall file a copy of the insurance coverage with the
City prior to the City signing the plat.
J. The Developer shall obtain a Wetlands Compliance Certificate from the City.
K. Upon breach of the terms of this Agreement, the City may, without notice to the Developer, draw down the Developer's
cash escrow or irrevocable letter of credit as provided in paragraph 27 of this Agreement. The City may draw down this
security in the amount of $500.00 per day that the Developer is in violation. The City, in its sole discretion, shall
determine whether the Developer is in violation of .lIili.!\gr!=!l)!!'<:I)!:__~I;1.!>le.<:LlQ_th<:J?!~_'d~i.~I)!'_~_(J!l!~gnlJ?~_?_~_~!l!.e.Qf..thi.s.__-----{ Deleted: the
determination may be made without notice to the Developer. It is stipulated that the violation of any term will result in
damages to the City in an amount, which will be impractical and extremely difficult to ascertain. It is agreed that the per
day sum stipulated is a reasonable amount to compensate the City for its damages.
I L. The Developer will be required to conduct all major activities to construct Plans A-.aA.!!r:i_l!g_.t!1_e.JQ!!Q~l)g_I)Qll!:~_QL_-----{ Deleted: F
operation:
Monday - Friday
Saturday
Sunday and Holidays
7:00 A.M. until 7:00 P.M.
8:00 A.M. until 5:00 P.M.
Not Allowed
This does not apply to activities that are required on a 24-hour basis such as dewatering, etc. Any deviations from the
above hours are subject to approval of the City Engineer. Violations of the working hours will result in a $500 fine per
occurrence in accordance with paragraph K of this section.
N. The Developer shall be responsible for the control of weeds in excess of twelve inches (12") on vacant lots or boulevards
within their development as per City Code 6-7-2. Failure to control weeds will be considered a Developer's Default as
outlined in Paragraph 33 of this Agreement and the Developer will reimburse the City as defined in said Paragraph 33.
The Developer is responsible,p!~_,::i.lJ!l_~_i9.!<.k construction e_,!~I)!=~f.<?~,&,onstruction site. _T.!!i.~ rock construction e.1}!~I)-'<e._i.s__------
required to be installed upon initial construction of the ~eveloQment. _~_<:~J:~!ty_~~nlJ~gL!.'J~!~J~~Q.;llJU~~_<:~n~~~!!QI)_,\--_
requirements. \:-<
.'
"
"
\:~.
Deleted: to require each builder within
the development to
Deleted: Class S aggregate
Deleted: every house that is to be
constructed in the development.
Deleted: home.
Deleted: 09
OM.
O. Third parties have no recourse against the City under this contract.
35, Notices. Required notices to the Developer shall be in writing, and shall be either hand delivered to the Developer, its
employees or agents, or mailed to the Developer by certified or registered mail at the following addresses:
J:argo Northern. LLC ____________________________________________________________------{ Deleted: Kami Incorporated'
3120 Woodbury Drive, Suite 100
Woodbury, MN 55125
Notices to the City shall be in writing and shall be either and delivered to the City Administrator, or mailed to the City by
certified mail or registered mail in care of the City Administrator at the following address:
8
.
.
Peter J. Herlofsky, City Administrator
City of Farmington
325 Oak Street
Farmington, MN 55024
.
9
.
SIGNATURE PAGE
. CITY OF FARMINGTON
By:
Kevan A. Soderberg, Mayor
I By:
Peter J. Herlofsky Jr" City Administrator
DEVELOPER:
largo Northern. LLC .....{ Deleted: Kami Incorporated'
-.... -. -- - - ---- - - - - - - -- -- - - - -. - - - - --- - - - -- -- - - - - -. - - - - --- --- - - - -- - -- -- - -- - -- - - - - - - -- - - --- - ---- - - - - - - - - - ---- - ----- - - - - -- -"
A Minnesota limited Iiabilitv comoanv
By:
Its:
.[hief Manager .....{ Deleted: President
- -- -- - - - - - - -.... - - - - - - - - -- - - - - - - ---- --- - -- - -- - - - -- - - - - - - -....
Gonzalo Medina Perez
. Drafted by:
City of Fannington
325 Oak Street
Fannington, Minnesota 55024
(651) 463-7111
10
.
STATE OF MINNESOTA)
. (55.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this _ day of , 20 by
Kevan A. Soderberg, Mayor, and by -l,eter J. Herlofsky Jr.,J::;!tx_~Qmi!!!!!.tnl_tQr:.__qfJ~_e._~!lY._9_0:~.!TI.l!!I.&t.q!ll_!l_.M!!I!!~~9J!l___-----{ Deleted: DavidM. Urbia
municipal corporation, on behalf of the corporation and pursuant to the authority granted by the City Council.
Notary Public
STATE OF MINNESOTA)
(55.
COUNTY OF DAKOTA )
The foregoing instrument was acknowledged before me this
day of
,20_by
,sJonzalo Medina Perez. the Chief Manager of Fargo Northern. LLC'--_.___________uu_____________________________u_________________------ Deleted:
the
0/} Minnesota limited liabilitx company,_l!!I~~~_th~)_l!~!!._qLfy!!I}!l~!!.q!~,_q!l_~~~~JLqLth~Jimited liabilit.x comRanX.___u_______________.~-.-.__- of<DEVEWPER>,1
Deleted: a corporation
........
Deleted: corporation
Notary Public
.
11
.
EXHIBIT "A"
LEGAL DESCRIPTION
. That part of Outlot B , CHARLES WOOD, according to the recorded plat thereof, Dakota County, Minnesota, described as
follows:
Commencing at the Northeast comer of said Outlot B; thence South 89 degrees 37 minutes 55 seconds West, assumed bearing,
along the North line of said Outlot B, a distance of 15.00 feet to the point of beginning; thence South 00 degrees 13 minutes 31
seconds East, a distance of609.56 feet; thence Westerly, along a non-tangential curve, concave to the North, having a radius of
199.44 feet; a centra] angle of 44 degrees 41 minutes 16 seconds, and an arc length of ] 55.55 feet, the chord of said curve bears
North 67 degrees 52 minutes 53 seconds West; thence North 45 degrees 32 minutes 15 seconds West, tangent to said curve, a
distance of392.28 feet; thence Northwesterly, along a tangential curve, concave to the Northeast, having a radius of220.00 feet
and a central angle of 45 degrees 10 minutes 10 seconds, having an arc distance of 173.44 feet; thence North 00 degrees 22
minutes 05 seconds West, tangent to said curve, a distance of 1 ]8.98 feet to said North line of Outlot B; thence North 89
degrees 37 minutes 55 seconds East, along said North line of Outlot B, a distance of484.73 feet to the point of beginning.
o
12
.
EXHIBIT "8"
.
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
LETTER OF EXEMPTION
DAKOTA COUNTY PROPERTY RECORDS
1590 HIGHWAY 55
HASTINGS MN 55033-2392
To Whom It May Concern:
Please find enclosed, deed(s) on the parcel(s) listed below. We are requesting the parcels be classified as
Exempt Properties.
PARCEL ID# LEGAL DESCRIPTION USE
(wetland, storm water
facility, park or well site)
Please sign letter below and return to me at the address above verifying the exemption status.
Thank you.
Sincerely,
.
Tracy Geise
Accounting Technician/Special Assessments
Enclosure(s)
Signature
Date
13
.
.
EXHIBIT "e"
IRREVOCABLE lETTER OF CREDIT
.
No.
Date:
TO:
City of Farmington
325 Oak Street
Farmington, MN 55024
Dear Sir or Madam:
We hereby issue, for the account of
of Credit in the amount of $
undersigned bank.
. and in your favor, our Irrevocable Letter
, available to you by your draft drawn on sight on the
The draft must:
a) Bear the clause, "Drawn under Letter of Credit No. , dated
(Name of Bank) ";
b) Be signed by the Mayor or City Administrator of the City of Farmington.
c) Be presented for payment at (Address of Bank)
,20_, of
This Letter of Credit shall automatically renew for successive one-year terms from the date indicated above
unless, at least forty-five (45) days prior to the next annual renewal date, the Bank delivers written notice to the
Farmington City Administrator that it intends to modify the terms of, or cancel, this Letter of Credit. Written notice is
effective if sent by certified mail, postage prepaid, and deposited in the U.S. Mail, at least forty-five (45) days prior to the
next annual renewal dale addressed as follows: Farmington City Administrator, 325 Oak Street, Farmington, MN
55024, and is actually received by the City Administrator at least thirty (30) days prior to the renewal date.
This Letter of Credit sets forth in full our understanding which shall not in any way be modified, amended,
amplified, or limited by reference to any document, instrument, or agreement, whether or not referred to herein.
This Letter of Credit is not assignable. This is not a Notation Letter of Credit. More than one draw may be
made under this Letter of Credit.
.
This Letter of Credit shall be governed by the most recent revision of the Uniform Customs and Practice for
Documentary Credits, Intemational Chamber of Commerce Publication No. 400.
We hereby agree that a draft drawn under and in compliance with this Letter of Credit shall be duly honored
upon presentation.
[NAME 01" BANK]
By:
[name]
Its: [identify official
14
.
.~~.3:.[ll.Q.ei"'..::..._ _ __ _ ,COmparison. __ _ 37291.200.7..1~:J8.~"!LJ
Time of Performance. The Developer shall install all required public utilities, by
September 30, 2004, in accordance with the requirements set forth in the City's
Engineering Guidelines. The Developer may, however, request an extension of time from
the City. If an extension is granted, it shall be conditioned upon updating the security
posted by the Developer to reflect cost increases, An extension of the security shall be
considered an extension of this contract and the extension of the contract will coincide
with the date of the extension of the security.
.
OwnershiD of ImDrovements. Upon the completion of the work and construction
required to be done by this Agreement, and written acceptance by the City Engineer, the
improvements lying within public easements shall become City property, except for cable
TV, electrical, gas, and telephone, without further notice or action.
.
Outlots A shall be deeded to the City following the completion and approval of
improvements as required under Plans A-G. 10% of the total security amount shall
be held until the required outlots are deeded to the City and the required As-built
plans are submitted and approved. A Letter of Exemption, attached to this contract as
Exhibit "B", shall be submitted to the County for each outlot at the time that the deed
for the outlot is filed with the County,
t!ijJ.g'L4:.[2UJ"..4fted..:." ComRlrlson - _~1i2''-~O.Cl1..10:18,~t:t....J
Warranty. The Developer and the Developers Engineer represent and warrant to the
City that the design for the project meets all laws, City Standards, Engineering
Guidelines and Ordinances. The Developer warrants all improvements required to be
constructed by it pursuant to this Contract against poor material and faulty workmanship.
The warranty period for streets is one year, The warranty period for underground utilities
is two years. The warranty period for the streets shall commence after the final wear
course has been completed and the streets have been accepted by the City Engineer in
writing, It is the responsibility of the Developer to request, in writing, City acceptance of
the streets. Failure of the Developer to request acceptance of the streets in a timely
manner shall not in any way constitute cause for the warranty period to be modified from
the stipulations set forth above. The warranty period on underground utilities shall
commence following their completion and acceptance by the City Engineer in writing. It
is the responsibility of the Developer to complete the required testing of the underground
utilities and request, in writing, City acceptance of the utilities. Failure of the Developer
to complete the required testing or request acceptance of the utilities in a timely manner
shall not in any way constitute cause for the warranty period to be modified from the
stipulations set forth above. All trees shall be warranted to be alive, of good quality, and
disease free for twelve (12) months after the security for the trees is released, Any
replacements shall be warranted for twelve (12) months from the time of planting. The
Developer shall post maintenance bonds or other surety acceptable to the City to secure
the warranties, The City shall retain ten percent (10%) of the security posted by the
Developer until the bonds or other acceptable surety are furnished to the City or until the
warranty period has been completed, whichever first occurs. The retainage may be used
.
.
to pay for warranty work. The City's Engineering Guidelines identify the procedures for
final acceptance of streets and utilities.
~lWIHti4:;t3']l~etecI _ CQn.1P.8.I!I.IlQI)__ __ _312'/.~"~~0:18..At:4..J
Gradine Plan. The plat shall be graded and drainage provided by the Developer in
accordance with Plan B. Notwithstanding any other provisions of this Agreement, the
Developer may start rough grading the lots within the stockpile and easement areas in
conformance with Plan B before the plat is filed if all fees have been paid, a MPCA
Construction Storm Water Permit has been issued, and the City has been furnished the
required security. Additional rough grading may be allowed upon obtaining written
authorization from the City Engineer,
~~~4::[~]t'D.eIeted _ ___(:o.P.IP.8r1~ _ _ __ _..;... 3/.291,2007~10.:18~A"'.J
If the developer needs to change grading affecting drainage after homeowners are on
site, he must notify all property owners/residents of this work prior to its initiation.
This notification cannot take place until the City Engineer has approved the proposed
grading changes, A MPCA Construction Storm Water Permit must be obtained
before any grading can commence on the site.
~_i!Il:n$J.eteCI.ifl __...:-.CpmPJirl~n ~l2.~1.~o.o.7_1Q:18,jMd
Erosion Control and Fees. After the site is rough graded, but before any utility
construction is commenced or building permits are issued, the erosion control plan, Plan
B, shall be implemented by the Developer and inspected and approved by the City. The
City may impose additional erosion control requirements if it is determined that the
methods implemented are insufficient to properly control erosion. All areas disturbed by
the excavation and back-filling operations shall be re-seeded forthwith after the
completion of the work in that area. All seeded areas shall be fertilized, mulched and
disc anchored as necessary for seed retention. The parties recognize that time is of the
essence in controlling erosion, If the Developer does not comply with the erosion
control plan and schedule, or supplementary instructions received from the City, or in an
emergency determined at the sole discretion of the City, the City may take such action as
it deems appropriate to control erosion immediately, without notice to the Developer.
The City will endeavor to notify the Developer in advance of any proposed action, but
failure of the City to do so will not affect the Developer's and the City's rights or
obligations hereunder. If the Developer does not reimburse the City for any costs of the
City incurred for such work within thirty (30) days, the City may draw down the letter of
credit to pay such costs, No development will be allowed and no building permits will
be issued unless the plat is in full compliance with the erosion control requirements.
K~4:."t6t.~~ q)mparlson 3/,29/20.0.7. t:..::i8.~t!I..J
The Developer is responsible for Erosion Control inspection fees at the current rates.
The Developer is also responsible for a
~~-v~'1<t'i~:?~*g::.~~~~ti1b'"12jJ).~C.~i\1
Numbered + Level: 1 + Numbering Style: 1,2,3, ." + Start at: 12 + Alignment: Left +
Aligned at: 0" + Tab after: 0.26" + Indent at: 0,26"
~lP.iii~t[']Jtt\f~~l' . ':;- , _ _~par;l.n_ _ ___ .~ :' 'a/.~/~R.o.7 'lQ.;;lJl.M.l. I
of $ <WATER QUALITY MANAGEMENT FEE> based upon the number of acres in
the plat. This
.
.
.
.
.
..,... Jdtlfr."~. ..... ~"~F " . " .' c€.. ," , ........,. :j"."" ~'~fu'r!"'f;3w". '..~~' -, .,;j,('.' ?~"~, "iiJ
.:.I9.i . .~.': . "do ~. ."~"~'/" : .,', H .~.;" .,. . l.aIl'f,2001tl\l.O:~8tAM
Numbered + Level: 1 + Numbering Style: 1,2,3, ... + Start at: 16 + Alignment: Left +
Aligned at: 0" + Tab after: 0.25" + Indent at: 0.25"
m~'4:.[10] D.8IetecI __ _ _ _Compalison__ _ _ 3l29/2007.1Q:18,..AM J
C. The landscaping shall be accomplished in accordance with a time schedule approved
by the City.
I ~~.., ~.[tl] .......-.... Com Ii l~1 00 0 J
~r..____,!I:. ' ' _"'..,... _ _ _ _ __ _, pa . ~_ _ __ ___ -~ ~...~ ~ .17.J.. -=;l.J_~"_
The Developer shall be solely responsible for the installation of all project
landscaping including but not limited to the boulevard trees. The responsibility for the
installation of boulevard trees will not be transferred to builders, homeowners, etc,
All graded areas, including finish grade on lots, will require a minimum of 6" of
black dirt/topsoil. The responsibility for the installation of black dirt/topsoil shall not be
transferred to homeowners.
C. Retaining walls with 1) a height that exceeds four feet or 2) a combination of tiers
that exceed four feet or 3) a three foot wall with a back slope greater than 4 to 1
shall be constructed in accordance with plans and specifications prepared by a
structural or geotechnical engineer licensed by the State of Minnesota. Following
construction, a certification signed by the design engineer shall be filed with the
City Engineer evidencing that the retaining will was constructed in accordance
with the approved plans and specifications, All retaining walls that are part of the
development plans, or special conditions referred to in this Contract that are
required to be constructed, shall be constructed and certified before any building
permit is issued for a lot on which a retaining wall is required to be built. All
landscaping features, including those constructed within public rights of way,
remain the property and responsibility of the developer and subsequent property
owners, subject to the City's or other governmental unit's rights to access and
maintain their rights of way.
Phased Development. The plat shall be developed in one (1) phase in accordance
with Plans A - F, No earth moving shall be done in any subsequent phase until the
necessary security has been furnished to the City. No construction of public
improvements or other development shall be done in any subsequent phase until a final
plat for the phase has been filed in the County Recorder's office and the necessary
security has been furnished to the City. The City may refuse to approve final plats of
subsequent phases until public improvements for all prior phases have been satisfactorily
completed. Subject to the terms of this Agreement, this Development Contract
constitutes approval to develop the plat. Development of subsequent phases may not
proceed until development agreements for such phases are approved by the City,
~4~rd!2].-l'''iliil' . !'vComlUllison .n' " /J{,,' . '3"029/,2001,,10:.18 AtilU
~.J:!!fjE'"!Ii. ,. _ ___ K.-_... __ '" - ___,~ J: -, _. ," - - ~.
Effect of Subdivision Approval. For two (2) years from the date of this Agreement,
no amendments to the City's Comprehensive Plan, except an amendment placing the plat
in the current urban service area, or removing any part thereof which has not been final
platted, or official controls, shall apply to or affect the use, development density, lot size,
lot layout or dedications or platting required or permitted by the approved preliminary
plat unless required by State or Federal law or agreed to in writing by the City and the
0,.,
."
.
.
Developer. Thereafter, notwithstanding anything in this Agreement to the contrary, to
the full extent permitted by State law, the City may require compliance with any
amendments to the City's Comprehensive Plan (including removing unplatted property
from the urban service area), official controls, platting or dedication requirements
enacted after the date of this Agreement and may require submission of a new plat.
{:CpJigj:4:'[J3].Delited _ __ -<:;.OnlM.r,I.S9J:'L _ _ _ _3/.29/2007~10:1".At.4.J
an area storm water management charge of$ <SURFACE WATER MANAGEMENT
FEE>
,,p.rA:?i[i.~}~Qi!lj.l8.4__ ___ _ ,Comparison. __ _ __ . ...:. _31.29L200Tl0:'18.~~ J
The charge shall be assessed against the lots (not outlots) in the plat over a 10 year
period with interest on the unpaid balance calculated at five percent (5%) per annum,
The assessment shall be deemed adopted on the date this Agreement is signed by the
City, The assessments may be assumed or prepaid at any time. The Developer
waives any and all procedural and substantive objections to the assessments
including any claim that the assessments exceed the benefit to the property.
~.mai"ia~J~iJJl~~_ _CpmparlSQn_ " ~/_2"~~_o.tJ.o.:!IL~~
Storm sewer charges for subsequent phases shall be calculated and paid based upon
requirements in effect at the time the
HJP.a;;JS.W[;Jt6I[Q,li.twl ' Comparlson_ ' 3t29.1.2.0.G.7_ito.:.11l~~-.J
Contracts for those phases are entered into.
Wetland Conservation and Mitil!ation. The Developer shall comply with the 1991
Wetlands Conservation Act, as amended, and the Wetlands Mitigation Plan. The
Developer shall pay all costs associated with wetlands conservation and the Wetlands
Mitigation Plan.
Water Main Trunk Area Charl!e. The Developer shall pay a water main trunk area
charge of $ <WATER MAIN TRUNK AREA CHARGE> for the plat in lieu of the
property paying a like assessment at a later date. The charge shall be assessed against
the lots (not outlots) in the plat over a ten (10) year period with interest on the unpaid
balance calculated at five percent (5%) per annum, The assessment shall be deemed
adopted on the date this Agreement is signed by the
'/-''-'~'~'Mi,ir~;,,, ... . Com rlson
lil!RJli'i5;!I!"~l"._ . ., " _ _' ._-~. . .
. The assessments may be assumed or prepaid at any time. The
~1I!.~::It.<<i]iDet8ted. , . ___Compar,lso,1) _. _ 3/.1t/AQ.bllQ:18_A_M_ I
waives any and all procedural and substantive objections to the assessments including
any claim
!~511E.~]~Ill8i8l8d ' · _ _ComP!!!rllI!2!!....- ~L~'-2~7_1~:.18.A~.J
assessments exceed the benefit to the property, The Developer waives any appeal rights
otherwise available pursuant to MSA 429.081. Water area charges for subsequent
phases
~_"5;I~tfDeieteCl'
calculated and
,ifPaP:j's!;;'ri6]. fDeig ,
_, ...~i5L" .;l_____. ______
" ':. at29.1~2~1..;1:,Q;~~.!tJ
Compar:lSO,l).~
~/~I%to.7:10:18 AM "I
C9'1'~rlson_
3L~'~lCJ.t.l0:.1J.4!4.:J
. based upon requirements in effect at the time the Development Contracts for those
phases are entered into. A credit of $<TRUNK WATER MAIN CREDI1> will be
given to the Developer for Water Main Trunk oversizing
~ 5:,tln.~~.__' _ _ _ comparlson~ _ _ _ _ _3/..29.12007_1Q:18_~f!t.J
. The net result is that the Water Main Trunk Area Charge to be paid with this plat is
$<ADJUSTED WATER MAIN TRUNK AREA CHARGE>,
~~"",~"=___~,,,>~'l\".~ ,~.~, ",' ....'~,.."I~~"'M.." ~"".<eJ'~~n'''~'~'';<' ;'.'_'."'-i;;l~~,~-",",,"....w"~,:,.
~'p;'Ii,&'DJ~.r;vnna""'~'~r.~~'~~;fli"'..... '~...:: ..,;.~::7t1.J~a;;. "'Y.;. :'~~'i.'~~~'-ir.~-1l~',-li);t-' Li.~~..f"~~~'.f....,-_ ~~ ,:}. .:-4r-'1atl:~JlO~I:O_:l,..;~::J
Numbered + Level: 1 + Numbering Style: 1,2, 3, ,., + Start at: 19 + Alignment: Left +
Aligned at: 0" + Tab after: 0.26" + Indent at: 0,26"
.. ,'Mae 5: [i91D.el~"":' B..::.. _ \ .....:-_~CO_IIJ"rtson 31.29/2007.10:18.Af!t..J
shall
i~PAH"$.:o;[J.'l-Deleted_~ .::. _ _ CoJnP.lrl.JQlt_ _ _:...- _ "-_~'-2tl.'J.007 1.R::J_1$.~t.4~ J
water treatment plant
'::".(5.f:tJ.~J'D8I~~_ __ __ _ ..r.omparl.SQ"-_ _ '___ _ _ _- _31.2~/...20..0.'l..1~.:.1..8_~f!1....J
<WATER TREATMENT PLANT FEE>
~""i5};~i9]JD.8Ieted;.. ""'~ __ __ _ ~~~rI~_ ___ 31. 291.2007..10': 18.Af!tJ
plat in lieu of the property paying a like assessment at a later date. The charge shall be
assessed against the lots (not outlots) in the plat over a ten (10) year period with
interest on the unpaid balance calculated at five percent (5%) per annum. The
assessment shall be deemed adopted on the date this Agreement is signed by the City,
The assessments may be assumed or prepaid at any time, The Developer waives any
and all procedural and substantive objections to the assessments including any claim
that the assessments exceed the benefit to the property. The Developer waives any
appeal rights otherwise available pursuant to MSA 429.081. Water treatment plant
fees for subsequent phases shall be calculated and paid based upon requirements in
effect at the time the Development Contracts for those phases are entered into,
I "liHIT5;tfio~I~__ _ _ _ _ :...cOinR!r'I~__ _..... __ ~~/.g'-Y:~QOl::",q:_~,!~t'..J
Sanitary Sewer Trunk Area Charee. The Developer shall pay a sanitary sewer
trunk area charge of $ <SANITARY SEWER TRUNK AREA CHARGE> for the plat
in lieu of the property paying a like assessment at a later date. The charge shall be
assessed against the lots (not outlots) in the plat over a ten (10) year period with interest
on the unpaid balance calculated at five percent (5%) per annum. The assessment shall
be deemed adopted on the date this Agreement is signed by the City. The assessments
may be assumed or prepaid at any time, The Developer waives any and all procedural
and substantive objections to the assessments including any claim that the assessments
exceed the benefit to the property, The Developer waives any appeal rights otherwise
available pursuant to MSA 429.081. Sanitary Trunk Sewer charges for subsequent
phases shall be calculated and paid based upon requirements in effect at the time the
Development Contracts for those phases are entered into,
&iB.(5l"f2i~!_~L_ .~ 9.!mP.@..rI!.QI.:I-=-=-- _ _ _ _ _~29/.2007_10:18.Af!t.J
be required to
L 1.,(~[~~Dil8t!,d~' _ ~~rt~ __' _ __")/~L~QJlncr:18 AM' I
<PARK. ACREAGE> acres
.
.
.
,r;'~5'f!J;21\] Qeleted _ ComRi'rlSOIl. _ _ __ ~ _ ~ _~3/29/2007_10:18..Af!t.J
land for park purposes. ill!l!!~k land sRaII be.,imp-fOVa. iRA8Gooman~
.L~$'t[~~lo..t~ CpIJ:'lP.Clrl~_n __ _~ ~31?91~Q07_1~:18 A....J
~aF~!mi>M1temellt..p.lan amd,th~Ci~'siEll'gitieeimg:$Uid:elines'J The Developer
shall pay the City $ <PARK DEDICATION> as cash in lieu of land in satisfaction
of the City's park dedication requirements for the plat. The park dedication fee shall
be assessed against the lots (not outlots) in the plat over a ten (10) year period with
interest
__~5=~['~J[D.e'~. __ _ _OmIpadSOn__ _ _ __ _ 31..29l2PAt:1.Q:1J1.A!~LJ
unpaid balance calculated at five percent (5%) per annum. The assessment shall be
deemed adopted on the date this Agreement is signed by the City, The assessments
may be assumed or prepaid at any time. The Developer waives any and all
procedural and substantive objections to the assessments including any claim that the
assessments exceed the benefit to the property, The Developer waives any appeal
rights otherwise available pursuant to MSA 429.081. The park dedication fees for
subsequent phases shall be calculated and paid based upon requirements in effect at
the time the Development Contracts for those phases are entered into,
Li~_=~t-23]{~eted_ c.MIp'!rlson 3/2,,-2007IPil,-At!I-I
Park Development Fee. The Developer shall pay a Park Development Fee of
$<P ARK DEVELOPMENT FEE> that will be used to pay either for development of
the park located in the development, or if no land is taken for park purposes, in the park
closest to the development. The park to which the Park Development Fee for
<DEVELOPMENT> shall be credited/coded to is the <PARK NAME> (<BUDGET
NUMBER>). The City shall allow the Developer to either pay the entire park
development fee at the time of final plat filing or to pay the park development fee on a
per unit basis at the time that the building permit is issued for each unit to be constructed
in the development, provided that all park development fees shall be paid within five (5)
years of approval of the final plat. A credit of $<PARK DEVELOPMENT CREDIT>
will be given to the Developer for park and trail improvements within the plat. The net
result is that the Park Development Fee to be paid with this plat is $<ADJUSTED PARK
DEVELOPMENT FEE>.
1UMB("'l~~m~J~~~}~~:rMSII~k~1bif:rdiitj
Justified, Indent: First line: 0.26"
~~~]~~ __' _Q:lrn~r:ls:oo_ __ '3L29l2OJJ1. 10:.18~f!t, J
Sealcoatin2. The Developer agrees to pay a fee of$ <SEALCOATING> for initial
sealcoating of streets in the subdivision. This fee shall be deposited in the City Road and
Bridge Fund upon execution of this Agreement.
i(~'ii]toiI~~ .:..- . _ _C'M:I~tI~~_ _ _ _ _ __ _ _ _ .3L29/.JP.QL1..0..L1JlA!U
GIS Fees. The Developer is responsible for a Geographic Information System fee of
$ <GIS FEE> based upon the acreage or number of lots within the subdivision. This
fee shall be due and payable upon execution of this Agreement
.
.
Easements, The Developer shall furnish the City at the time of execution of this
Agreement with the easements designated on the plat.
.
.
.
"~"..$.:J2Jl~~.
plat
L 'P.aae..5.:J2~)~I~
public improvements by the City.
Lhft.':;[261;Qeleted.
public improvements installed
L ~_5.d~J Del.....
the Development Contract
~5~[2"7~bftI~_ .___
public improvements
L,:e.;5i.[27.i1ID.eitttecl"
public improvements
l,(lP'.;5:~E'~t]liJ.eletecL_
<SECURITY>,
1~i5.::[2-7,;]J'-el__._;'" ~I1)PI!I,r1....__ __3129Z2~7':'10:18,At.!1..J
Attachment
ll~tS::;t~]:.h~.'" COinpar.lspn_~':"" __ _3/.29.Jj"P'VQ.:.18 ~t.!1.J
required public improvements
PC~:Jt.lrAiiltecl ~".r!5LQ.n 3129l2007_10:U,At4_1
The Developer shall reimburse the City for costs incurred in the enforcement of this
Agreement, including engineering and attorney's fees. In the event that the City receives
claims from labor, materialmen, or others that have performed work required by this
Contract, that the sums due them have not been paid, and the laborers, materialmen, or
others are seeking payment from the City, the Developer hereby authorizes the City to
commence an Interpleader action pursuant to Rule 22, Minnesota Rules of Civil
Procedure for the District Courts, to draw upon the letters of credit in an amount up to
125% of the claim(s) and deposit the funds in compliance with the Rule, and upon such
deposit, the Developer shall release, discharge, and dismiss the City from any further
proceedings as it pertains to the letters of credit deposited with the District Court, except
that the Court shall retain jurisdiction to determine attorneys' fees pursuant to this
Contract.
Comparl.on_ ___
~/.29l20J)LIQ:18_At.!1...J
_ Comparl~.,
_ _ _ _3L29l20.Q.7_1Q:.18_~f!tJ
c.omR8J:I~
__ _ 3l29liOO7":'10:18AM_'
___ ~pan~_ __ _ _ _ _ __a/1.9..l2fJJ).7 IJ>>.:.lJ Atl.j
.Comparl$O"_
__3/.29./..2Q.QLIP.:.1.8_A."-!
(,oroMr!.~'" .
~ ',;r
.:....- ___3/,29f,2007J,O:18:At.!1.J
~fN!i:lson
__3l29l2~7_10:18,AM..J
The Developer shall pay in full all bills submitted to it by the City within thirty (30)
days after receipt. If the bills are not paid on time, the City may halt all plat development
work until the bills are paid in full. Bills not paid within thirty (30) days shall accrue
interest at the rate of five percent (5%) per annum. If the bills are not paid within sixty
(60) days, the City has the right to draw from the Developers security to pay the bills.
Trash Enclosures.
-~~6.:.[2'Cll] Del.;'> ". .'"
EI"~___2:,; .~ ___ _ _
Compa~
" . .3l29t20.07"::1~JIJt4ttJ
.
.
.
each builder to provide on site trash enclosures to contain all construction debris,
thereby preventing it from being blown off site, except as otherwise approved by the City
Engineer.
Portable Toilets. The Developer is responsible to require each builder
IDa.-
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
TO:
Mayor and Councilmembers
SUBJECT:
Peter J. Herlofsky, Jr.
City Administrator (}
Vermillion River Crossmg
FROM:
DATE:
April 2, 2007
INTRODUCTION/DISCUSSION
Over the past week there have been numerous contacts with representatives of Vermillion River
Crossing. Attached for your information is correspondence from Tim Trimble at First Capital. He is
addressing some concerns regarding the development schedule for Vermillion River Crossing. The
questions they ask are:
1. An extension date on the development agreement.
2. A change from escrow to letter of credit.
3. Approval ofa transfer of the development agreement from the current developer (Vermillion
River Crossing, LLC) to a new entity that does not include Pedersen Ventures as an interest
holder.
From a staff perspective, the request for the extension is something we will agree to based on a date
of December 31,2008. We would prefer a firm date as opposed to an event. The issue of the letter
of credit was something that is consistent with our policies and is not presenting a problem. The
transfer represents an expected change in the development group. Mr. Knutson and Mr. Trimble
from First Capital, have requested to be placed on the April 2, 2007 Council agenda. As this note is
part of the agenda, this has been arranged.
Additional correspondence will be provided.
ACTION REQUESTED
Approve an extension of the date of completion on the development agreement, substitute a letter of
credit for the escrow, and a transfer of the development contract to a new development corporation.
ResPe~mitti/ r
pe~:H;t;Jy'irJ )-~; .. I
City Administ6tor'
CMuller/Herlofsky/Counci] MemosNerm River Crossing
..../...~...................
i ".
" ';
'. ,
\ /
. .
". f
FI RST CAPITAL
March 21, 2007
VIA FACSIMILE 651.463,2591
Mr. Peter Herlofsky
City Administrator
City of Farmington
325 Oak Street
Farmington, l'v1N 55024
Re: Vermillion River Crossings
Dear Mr. Herlofsky:
The purpose of this letter is to request from the City of Farmington an extension of the date of
completion on the Vermillion River Crossings. We would like the new date to be the either the
date the owners of the development sign a Purchase Agreement with a "big box" user on Outlot
C or December 31, 2008, which ever occurs earlier.
In addition, we would like the ability to substitute and advancing Letter of Credit in place of the
required cash escrow for completion currently held by the lender.
Finally, we would ask that we be placed on the agenda for the council meeting scheduled for
April 2, 2007, for expedited reasons pertaining to other matters on the project.
If you have any questions or require additional information, please do not hesitate to contact me.
_ ~l~C* _
Tim Trimble
President/First Capital Development
C: Robin Roland, Finance Director
Joel Jamnik, City Attorney
Lee Mann, City Engineer
Robert Pitner
JOb
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
FROM:
Mayor, Councilmembers, City Administratorr()
Lee M. Mann, P.E., Director of Public works!6ty Engineer
TO:
SUBJECT:
Elm Street Project Update
DATE:
April 2, 2007
INTRODUCTION/DISCUSSION
Staff will provide an update on the Elm Street project at the meeting. Scheduling and streetscape
information will be presented.
BUDGET IMPACT
None.
ACTION REQUESTED
For Council's information.
Respectfully Submitted,
~/YL~
Lee M. Mann, P .E.,
Director of Public Works/City Engineer
cc: file
JIG.-
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
SUBJECT:
Mayor, Councilmembers, City Administrato@
Jennifer Collova, Natural Resource Specialist ~
Boulevard Tree Policy
TO:
FROM:
DATE:
April 2, 2007
INTRODUCTIONIDISCUSSION
This memo identifies current policy and staff recommendations regarding the City's boulevard tree
policies.
Trimming
City Code states that the trimming of boulevard trees is the responsibility of the City's Natural
Resource Division. Trimming is necessary for maintaining boulevard tree clearance from the streets
and sidewalks and providing structural pruning for the health of the tree. It is estimated that the
current boulevard tree inventory includes approximately 20,000 trees. Based on this estimate the
City is trimming approximately 5% of City boulevard trees annually. In order to adequately maintain
the City's boulevard trees, approximately 20% of the trees should be addressed per year.
Removal and Replacement
The City's current practice is to remove and replace trees within the boulevard. The City has a
backlog of requests for tree removal and replacement. There are currently 280 trees on the list to be
replaced. In 2006 there were 31 dead boulevard trees added to the list. The 2007 budget allows for
the replacement of 30 trees. A significant factor in this backlog is that the City recently lost a large
number of boulevard trees to high winds. City Code does not state that the City is responsible for the
replanting of City boulevard trees.
New Developments
Currently the City Code requires boulevard trees to be planted approximately 40 feet apart in new
developments. In 2006, approximately 1000 new trees were planted in the City's boulevards. These
trees along with the other new trees that are planted every year will need trimming and a percentage,
based on current practice, would need to be replaced if or when they do not survive.
RECOMMENDATIONS
Trimming
It is recommended to increase the current level of effort to trim approximately 20% of the trees per
year (currently about 5%). This commitment should be able to address normal tree growth.
Backlog Removal and Replacement
It is recommended that the City would eliminate the backlog of boulevard trees needing replacement
this year.
Removal of Dead or Damaged Boulevard Trees
This part of the policy is recommended to remain unchanged. Removal of existing boulevard trees
that have died, or sustained severe damage, would continue to be the responsibility of the City.
Tree Replacement
It is recommended that on residential streets the decision to replace the tree or not is left to the
homeowners discretion. If a homeowner wanted to replace a tree, it would be placed on private
property, not in the boulevard.
New Development
It is recommended to change the policy of requiring trees within the boulevard to locating trees in
new developments on private property when they are planted along a residential street. By locating
trees on private property, the City would eliminate damage to City vehicles, namely solid waste
trucks. Many trees are damaged and vehicles need repair as a result of tree branches growing into the
street. Sidewalk and curb damage from tree root growth would be minimized.
Major Collector Streets
It is recommended that trees continue to be planted in the boulevard on designated City major
collector streets. The impact to solid waste vehicles would be minimal as houses do not typically
front major collector streets. It would also maintain some boulevard tree planting within the City in
new developments. This would have the net effect of increasing the number of trees that the City
would have to trim on an annual basis, but not as much as the current policy. Sidewalk and curb
issues would remain on major collectors. On City major collector streets the City would continue to
be responsible for replacing trees in the boulevard.
BUDGET IMPACT
The first table below shows the estimated costs for completing the current backlogged inventory of
tree replacement, based on the City's current practice and assumption of responsibility. The second
table provides estimated annual cost for tree related work and the current 2007 budget. The tables
show a comparison between the City performing the work or a contractor performing the work.
B kl
ac o~
Task Estimated Costs
Tree Removal & $200,000.00
Replacement (280 trees)
TOTAL $200,000.00
Annual Bud2et Impact or the ohcy Recommen atlOns
Task Estimated Costs Current 2007 Bud2et
Tree $172,000.00 $43,000.00
Trimming (20% or 4000 trees) (5% or 1000 trees)
Tree $8,000.00 $8,000.00
Removal (40 trees) (40 trees)
Stump $15,000.00 $800.00
Grinding (20 trees) (15 trees)
Tree $12,000.00 $18,000.00
Replacement (20 trees) (30 trees)
(maior collector streets only)
TOTAL $207,000,00 $69,800,00
~
p ,
d '
Estimated City costs include staff rate, total estimated hours and a percentage incorporating supplies,
parts, fuel, repair costs, and equipment rental for stump grinding. Estimated contractor costs are
based on 2006 rates and a projected hourly rate for tree trimming.
Funding for the recommended changes would come from a combination of the General Fund and the
Solid Waste Fund.
ACTION REQUESTED
Council consideration of the recommended boulevard tree policy changes. Staff would bring detailed
funding scenarios back to Council if Council wishes to pursue the proposed changes.
~IY;rz'
Jennifer Collova
Natural Resource Specialist
cc: file
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
I c1 a.-
TO:
Mayor, Councilmembers, and City Administrator f0
If
Brenda Wendlandt, Human Resources Director
FROM:
SUBJECT:
Maintenance Worker Position - Water Utility
DATE:
April 2, 2007
INTRODUCTION
This memorandum provides information and a recommendation regarding the proposed addition of a
maintenance worker position designated to the water utility division in the Public Works Department.
DISCUSSION
City staff had previously asked that the water board consider funding a position designated to
performing water utility related duties. On Monday, March 26, 2007, the Water Board approved the
following staffing proposal and authorized expending water utility funds to staff a water utility
position.
Currently, the City utilizes its maintenance staff to carry out the duties necessary to maintain the
water system. Those responsibilities include maintaining wells and well sites; install, repair and read
meters, flushing hydrants, etc. Additionally, the Water Board has paid for meter reading throughout
the City and for lawn care services around each of the well sites. After careful review and analysis of
current and future needs, City staff proposes the following:
1) The City would add another Maintenance Worker position in the Streets and Utilities
Division of Public Works.
2) From the pool of maintenance workers in that division, assign a maintenance worker
to a one year rotation to perform duties related to water and sewer. Each year a
different maintenance worker would be assigned to the water division allowing for a
better educated, cross trained work force.
By accepting the proposed staffing recommendation, the Water Board would have more staff with
expertise in water utility functions, more staffing options for the future water treatment facility; and
would no longer have to depend on contracted services for lawn maintenance and meter reading
services at water facilities.
BUDGET IMPACT
It is anticipated that there should be minimal costs to the general fund as the total wage and benefit
package for an experienced maintenance worker would be funded through the water utility.
ACTION REQUESTED
The action requested is for Council to approve the addition of a maintenance worker position
designated to the water utility division in the Public Works Department.
Respectfully submitted,
/!
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Brenda Wendlandt, SPHR
Human Resources Director
cc: File
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Page 1 of 1
Peter Herlofsky
From: Feller, Dennis [dfeller@ci.lakeville.mn.us]
Sent: Monday, April 02, 20074:39 PM
To: Peter Herlofsky
Subject: Transit levy
Peter
The "Transit Levy" is .01253.
The impact on a residential home is as follows:
Tax 0.01253
Market Capacity Transit
Value Value District
150,000 1,500 $19
200,000 2,000 $25
250,000 2,500 $ 31
300,000 3,000 $ 38
350,000 3,500 $44
400,000 4,000 $ 50
Overall ... Farmingtons Tax Capacity Value is $16,701,068 which means the Transit levy would generate
$209,264 from community taxpayers in 2007
(])ennis Peffer
Finance Director
City of Lakeville
952-985-4481
This message is intended only for the designated recipient(s). It may contain confidential or proprietary information and may be subject to
confidentiality protections If you are not a designated recipient, you may not review, copy or distribute this message. If you receive this in
error. please notify the sender by reply e-mail and delete this message or contact the City of Lakeville Information Systems Division at 952-
985-2640. Thank you.
This e-mail message has been scanned by MailMarshal from Marshal Software, an email content
filter.
4/2/2007
1
City of Farmington
325 Oak Street, Farmington, MN 55024
(651) 463-7111 Fax (651) 463-2591
www.ci.farmington.mn.us
February 14,2007
Tom Ryan
Dakota County Fair
P.O. Box 73
Farmington, MN 55024
Dear Tom:
The City of Farmington is in receipt of your request to extend the Fire Service Agreement for Fire
Department coverage for events at the Dakota County Fair. The most recent contract expired
December 31, 2005, but was extended by letter last August until December 31, 2006.
The City proposes an agreement for three years, 2007 to 2009. The flat fee for 2007 would be
$5,500; for 2008, $6,000 and for 2009, $6,500. This fee was determined using the City's 2007 Fees
and Charges Ordinance and the historical coverage requests for service. A draft agreement is
attached with this memo.
The City's contract with the Dakota County Fair for these services agrees that the City will provide
this service and assume all responsibility for the equipment and personnel to be provided, including
but not limited to the compensation and insurance matters.
Sincerely,
Robin Roland
Finance Director
Cc: Peter Herlofsky, City Administrator
Tim Pietsch, Fire Chief
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FIRE SERVICE AGREEMENT
THIS AGREEMENT (the "Agreement") made this day of March, 2007, by and between
the CITY OF FARMINGTON, a Minnesota municipal corporation ("City") with offices at 325 Oak
Street, Farmington, Minnesota, and DAKOTA COUNTY FAIR BOARD ("Owner")
WHEREAS, Owner owns the real property located in Dakota County described on Exhibit "A"
attached hereto and incorporated herein, located within the City of Farmington, MN ("Subject
Property"); and
WHEREAS, Owner has requested that the City provide special fire fighting and related emergency
services to the Owner's property, in particular:
Fire and Emergency equipment and Personnel available to provide emergency services as
necessary in conjunction with the owners conduct of demolition derby events during its
annual fair.
NOW THEREFORE, IN CONSIDERATION OF THE MUTUAL COVENANTS SET FORTH
HEREIN, THE PARTIES AGREE AS FOLLOWS:
1. The City will provide the requested service under this Agreement for the next three
years through December 31, 2009, and assume all responsibility for equipment and
personnel to be provided, including, but not limited to, compensation and insurance
matters.
2. Owner will compensate the City $5,500 in 2007, $6,000 in 2008 and $6,500 in 2009
for the services provided. Fee is due and payable thirty days after the final day of the
fair.
CITY OF FARMINGTON
DAKOTA COUNTY FAIR
Kevan Soderberg, Mayor
Peter Herlofsky, City Administrator
Values Statement
Excellence and Quality in the Delivery of Services
We believe that service to the public is our reason for being and strive to deliver quality
services in a highly professional and cost-effective manner.
Fiscal Responsibility
We believe that fiscal responsibility and the prudent stewardship of public funds is
essential for citizen confidence in government.
Ethics and Integrity
We believe that ethics and integrity are the foundation blocks of public trust and
confidence and that all meaningful relationships are built on these values.
Open and Honest Communication
We believe that open and honest communication is essential for an informed and
involved citizenry and to foster a positive working environment for employees.
Cooperation and Teamwork
We believe that the public is best served when departments and employees work
cooperatively as a team rather than at cross purposes.
Visionary Leadership and Planning
We believe that the very essence of leadership is to be visionary and to plan for the future.
Positive Relations with the Community
We believe that positive relations with the community and public we serve leads to
positive, involved, and active citizens.
Professionalism
We believe that continuous improvement is the mark of professionalism and are
committed to applying this principle to the services we offer and the development of our
employees.
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
COUNCIL Council Check Summary Page -
MEETING ON APRIL 2, 2007
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
4 PAWS ANIMAL CONTROL LLC POLICE ADMINISTRATION PROFESSIONAL SERVICES 1,597.50
1,597.50
A & B AUTO ELECTRIC INC GENERAL FUND BALANCE SHEET MN SALES TAX DUE 12.03-
SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 197.03
185.00
AFFINITY PLUS FEDERAL CREDIT U EMPLOYEE EXPENSE FUND CREDIT UNION PAYABLE 2,230.00
2,230.00
AFLAC EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 3,664.10
3,664.10
AGGREGATE INDUSTRIES INC STREET MAINTENANCE STREET MATERIALS 1,026.21
1,026.21
AIR WAY INC FIRE SERVICES BUILDING REPAIR SERVICE 66.00 ..
66.00
ALCORN BEVERAGE CO. INC. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11.119.72
PILOT KNOB LIQUOR COST OF GOODS SOLD 13,424.06
24,543.78
ALLlNA HOSPITALS & CLINICS SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 97.00
97.00
ALLlNA MEDICAL CLINIC HUMAN RESOURCES PROFESSIONAL SERVICES 150.00
POLICE ADMINISTRATION PROFESSIONAL SERVICES 118.00
268.00
ALPHA VIDEO AND AUDIO INC CABLE/COMMUNICATIONS PROJECTS MACHINERY & EQUIPMENT 2,446.31
2,446.31
APPLE VALLEY FORD PATROL SERVICES VEHICLE REPAIR SERVICE 42.29
42.29
ARNESON, BEV ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 48.50
48.50
ASPEN EQUIPMENT CO. SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 76.68
76.68 ~
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page- 2
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
ASSURANT EMPLOYEE BENEFITS EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 904.99
904.99
BADGER METER INC WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 3.579.36
3,579.36
BCAlTRAINING & DEVELOPMENT INVESTIGATION SERVICES TRAINING & SUBSISTANCE 50.00
50.00
BELLBOY CORPORATION DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,188.60
PILOT KNOB LIQUOR COST OF GOODS SOLD 3,732.12
4,920.72
BONESTROO ROSENE ANDERLlK INC ENGINEERING SERVICES PROFESSIONAL SERVICES 5,845.33
STREET MAINTENANCE PROFESSIONAL SERVICES 553.84
STREET CONSTRUCTION PROFESSIONAL SERVICES 404.00
ANNUAL SEALCOATING PROJECT PROFESSIONAL SERVICES 395.48
ASH STREET PROJECT PROFESSIONAL SERVICES 224.50
195TH ST EXTENSION PROFESSIONAL SERVICES 14,445.07
208th ST WEST PROFESSIONAL SERVICES 703.50
SPRUCE ST EXTENSION PROFESSIONAL SERVICES 141.25
ELM ST RECONSTRUCTION PROFESSIONAL SERVICES 10,059.12
TH #3 IMP PROFESSIONAL SERVICES 11,442.04
CITY HALL PROFESSIONAL SERVICES 125.00
STORM WATER TRUNK PROFESSIONAL SERVICES 167.25
PRIVATE CAPITAL PROJECTS PROFESSIONAL SERVICES 28,881.78
FLAGSTAFF AVE PROFESSIONAL SERVICES 29,254.14
HILLDEE RECONSTRUCTION PROFESSIONAL SERVICES 3,043.19
MIL & OVERLAY ANNUAL PRJ PROFESSIONAL SERVICES 566.44
SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 16,792.54
HUNTER LIFT STATION PROFESSIONAL SERVICES 6,312.61
STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 14,760.80
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 6,525.23
WELL #8 PROFESSIONAL SERVICES 7,814.36
158,457.47
BRIESACHER, WAYNE SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 5.00
5.00
BUREAU OF CRIMINAL APPREHENSIO FIRE SERVICES PROFESSIONAL SERVICES 15.00
15.00
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/2007'11 :53:45
Council Check Summary Page- 3
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
CAMPBELL KNUTSON LEGISLATIVE CONTROL LEGAL 1,988.00
ADMINISTRATION LEGAL 451.77
HUMAN RESOURCES LEGAL 42.00
PLANNING & ZONING LEGAL 658.00
POLICE ADMINISTRATION LEGAL 6,645.29
ENGINEERING SERVICES LEGAL 1,377.50
RECREATION PROGRAM SERVICES LEGAL 70.00
HRAlECONOMIC DEVELOPMENT LEGAL 182.00
POLICE FORFEITURES LEGAL 277.83
STREET CONSTRUCTION PROFESSIONAL SERVICES 154.00
SPRUCE ST EXTENSION PROFESSIONAL SERVICES 807.00
PRIVATE CAPITAL PROJECTS LEGAL 3,800.00
FLAGSTAFF AVE LEGAL 3,725.00
210TH STREET EAST LEGAL 112.50
20,290.89
CANADIAN PACIFIC RAILWAY COMPA STORM WATER UTILITY OPERATIONS SUBSCRIPTIONS & DUES 180.00
180.00
CARQUEST PATROL SERVICES VEHICLE REPAIR SERVICE 24.91
FIRE SERVICES VEHICLE SUPPLIES & PARTS 4.58
FIRE SERVICES VEHICLE REPAIR SERVICE 28.73
STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 149.31
SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 226.24
PARK MAINTENANCE VEHICLE SUPPLIES & PARTS 53.78
ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 11.08
SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 60.39
FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 44.04
603.06
CITY CENTER DEVELOPMENT LLC DOWNTOWN LIQUOR REV & EXP BUILDING RENTAL 10,794.85
10,794.85
CNH CAPITAL PARK MAINTENANCE RENTAL OF EQUIPMENT 413.51
413.51
COLLEGE CITY BEVERAGE INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11,504.05
PILOT KNOB LIQUOR COST OF GOODS SOLD 10,657.32
22,161.37
CORNERSTONE ENERGY INC POLICE ADMINISTRATION NATURAL GAS 2,534.52
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page- 4
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
FIRE SERVICES NATURAL GAS 3,752.19
PARK MAINTENANCE NATURAL GAS 192.75
BUILDING MAINT SERVICES NATURAL GAS 4,075.31
SENIOR CENTER PROGRAMS NATURAL GAS 407.67
ICE ARENA OPERATIONS EXPENSE NATURAL GAS 3,840.40
DOWNTOWN LIQUOR REV & EXP NATURAL GAS 542.61
PILOT KNOB LIQUOR NATURAL GAS 846.41
SEWER OPERATIONS EXPENSE NATURAL GAS 2,064.13
SOLID WASTE OPERATIONS NATURAL GAS 2,055.13
STORM WATER UTILITY OPERATIONS NATURAL GAS 411.03
WATER UTILITY EXPENSE NATURAL GAS 2,384.68
23,106.83
CUMMINGS, JILL ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 35.89
35.89
CURRY, MARION ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 31.04
31.04
DAKOTA COMMUNICATIONS CENTER PATROL SERVICES CONTRACTUAL SERVICES 16,794.66
FIRE SERVICES CONTRACTUAL SERVICES 8,397.34
25,192.00
DAKOTA COUNTY LICENSE CENTER PATROL SERVICES VEHICLE LICENSES, TAXES, FEES 325.50
PARK MAINTENANCE VEHICLE LICENSES, TAXES, FEES 48.75
374.25
DAKOTA COUNTY PROPERTY RECORDS ADMINISTRATION PROFESSIONAL SERVICES 52.65
52.65
DAKOTA COUNTY TREASURER/AUDITO POLICE ADMINISTRATION TRAINING & SUBSISTANCE 75.00
ENGINEERING SERVICES TRAINING & SUBSISTANCE 75.00
DOWNTOWN TIF PROFESSIONAL SERVICES 2,466.00
CITY CENTER TIF PROFESSIONAL SERVICES 508.00
E FARMINGTON TIF PROFESSIONAL SERVICES 12,168.00
CONTROLLED AIR TIF PROFESSIONAL SERVICES 420.00
CROP CHARAC TlF PROFESSIONAL SERVICES 442.00
CG CONSTRUCTION TIF PROFESSIONAL SERVICES 442.00
LEXINGTON STD TIF PROFESSIONAL SERVICES 464.00
PRECISION VALVE TIF PROFESSIONAL SERVICES 486.00
DALSIN MFG TIF PROFESSIONAL SERVICES 442.00
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 5
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
EAGLES CLUB TIF PROFESSIONAL SERVICES 442.00
18,430.00
DAY DISTRIBUTING CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 1,678.90
PILOT KNOB LIQUOR COST OF GOODS SOLD 2,856.37
4,535.27
ECM PUBLISHERS INC STORM WATER UTILITY OPERATIONS LEGAL NOTICES PUBLICATIONS 84.00
84.00
ECONO FOODS POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 30.45
SENIOR CENTER PROGRAMS OTHER SUPPLIES & PARTS 12.81
SENIOR CENTER PROGRAMS PROGRAMMING EXPENSE 29.26
72.52
EMPIRE TOWNSHIP STREET CONSTRUCTION PROFESSIONAL SERVICES 140.00
140.00
EVERGREEN LAND SERVICES FLAGSTAFF AVE PROFESSIONAL SERVICES 367.50
367.50
FANNIE MAE SEWER OPERATIONS REVENUE ENTERPRISE SALES 422.87
422.87
FARMINGTON BASEBALL RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 250.00
250.00
FARMINGTON EMPLOYEE CLUB EMPLOYEE EXPENSE FUND EMPLOYEE CLUB 79.96
79.96
FARMINGTON PRINTING INC BUILDING INSPECTIONS EQUIP SUPPLIES & PARTS 117.15
POLICE ADMINISTRATION OUTSIDE PRINTING 42.60
SENIOR CENTER PROGRAMS OFFICE SUPPLIES 5.54
SEWER OPERATIONS EXPENSE OUTSIDE PRINTING 470.00
SOLID WASTE OPERATIONS OUTSIDE PRINTING 470.00
STORM WATER UTILITY OPERATIONS OUTSIDE PRINTING 470.00
WATER UTILITY EXPENSE OUTSIDE PRINTING 470.00
2,045.29
FASTENAL COMPANY FLEET OPERATIONS VEHICLE SUPPLIES & PARTS 32.48
32.48
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 6
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
FERRELL GAS PRODUCTS CO ICE ARENA OPERATIONS EXPENSE FUEL 140.48
140.48
FRONTIER COMMUNICATIONS COMMUNICATIONS TELEPHONE 53.71
PATROL SERVICES TELEPHONE 67.07
WATER UTILITY EXPENSE TELEPHONE 189.53
310.31
FRONTIER COMMUNICATIONS OF AME DOWNTOWN LIQUOR REV & EXP TELEPHONE 1.21
1.21
GERSTER JEWELERS HUMAN RESOURCES OTHER 50.00
50.00
GILMER, DARREL BUILDING INSPECTIONS TRAINING & SUBSISTANCE 100.00
100.00
GOPHER STATE ONE-CALL INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 97.87
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 97.88
195.75
GRAINGER INC PARK MAINTENANCE OTHER SUPPLIES & PARTS 64.84
BUILDING MAl NT SERVICES BUILDING REPAIR SERVICE 14.36
SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 17.95
SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 17.95
STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 3.58
WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 17.95
136.63
GRIGGS COOPER & CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11,795.14
PILOT KNOB LIQUOR COST OF GOODS SOLD 16,562.59
28,357.73
GUEST SERVICES FIRE SERVICES TRAINING & SUBSISTANCE 223.20
223.20
GUYOT,RYAN RECREATION PROGRAM SERVICES PROFESSIONAL SERVICES 38.00
38.00
HARMON AUTO GLASS GENERAL FUND BALANCE SHEET MN SALES TAX DUE 15.23-
PATROL SERVICES VEHICLE SUPPLIES & PARTS 347.54
332.31
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200?l1 :53:45
Council Check Summary Page - 7
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
HAWKINS INC WATER UTILITY EXPENSE CHEMICALS 20.00
20.00
HEAL THPARTNERS EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 7,855.50
7,855.50
HOHENSTEINS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 851.90
PILOT KNOB LIQUOR COST OF GOODS SOLD 1,106.65
1,958.55
HOLLATZ, LEE INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 26.61
26.61
HOUTS SWANSON, BARBARA ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 33.95
33.95
HYDRO-VAC INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 480.00
480.00
ICMA RETIREMENT TRUST -457 EMPLOYEE EXPENSE FUND ICMA PAYABLE 5,326.00
5,326.00
IKON OFFICE SOLUTIONS ADMINISTRATION EQUIPMENT REPAIR SERVICE 3,432.89
ICE ARENA OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 50.04
3,482.93
INTOXIMETERS PATROL SERVICES OFFICE SUPPLIES 95.85
95.85
ITZIN, MIKE ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 43.65
43.65
JERSEY TOWEL SUPPLY PATROL SERVICES UNIFORMS & CLOTHING 246.71
246.71
JOHNSON BROTHERS LIQUOR COMPAN DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 11,156.70
PILOT KNOB LIQUOR COST OF GOODS SOLD 11,553.10
22,709.80
KELLY ELECTRIC INC WATER UTILITY EXPENSE EQUIPMENT REPAIR SERVICE 975.00
975.00
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 8
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
KOHLBECK, MISSIE SENIOR CENTER PROGRAMS MILEAGE REIMBURSEMENT 42.46
42.46
KURTZ, JENNIFER ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 12.61
12.61
LAKEVILLE TROPHY COMPANY INC ICE ARENA OPERATIONS EXPENSE PROGRAMMING EXPENSE 705.40
705.40
LAMBERT, KATHRYN R ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 40.74
40.74
LARSON, MARL YS ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 29.10
29.10
LEAGUE OF MN CITIES INSURANCE EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 33,914.00
33,914.00
LEXISNEXIS INVESTIGATION SERVICES PROFESSIONAL SERVICES 150.00
150.00
LOCAL GVMT INFO SYSTEMS ASSN. HUMAN RESOURCES DATA PROCESSING 1,318.00
INFORMATION TECHNOLOGY DATA PROCESSING 3,025.32
GENERAL ACCOUNTING DATA PROCESSING 2,158.00
BUILDING INSPECTIONS DATA PROCESSING 1,706.00
POLICE ADMINISTRATION DATA PROCESSING 4,071.00
SEWER OPERATIONS EXPENSE DATA PROCESSING 402.00
SOLID WASTE OPERATIONS DATA PROCESSING 402.00
STORM WATER UTILITY OPERATIONS DATA PROCESSING 402.00
WATER UTILITY EXPENSE DATA PROCESSING 402.00
13,886.32
LOUISELLE, GAY ANN ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 187.53
187.53
LUBRATT, LINDA ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 39.77
39.77
M. AMUNDSON LLP PILOT KNOB LIQUOR COST OF GOODS SOLD 413.91
PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 93.60
507.51
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 9
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
MACQUEEN EQUIPMENT SOLID WASTE OPERATIONS VEHICLE SUPPLIES & PARTS 2,439.57
2,439.57
MAKER KUECHLE, LYNNE ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 44.62
44.62
MARK VII DISTRIBUTORS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 2,672.10
PILOT KNOB LIQUOR COST OF GOODS SOLD 4,922.70
7,594.80
MARTIN, JUDY ICE ARENA OPERATIONS EXPENSE PROGRAMMING EXPENSE 436.60
436.60
MAXIMUM VOLTAGE PATROL SERVICES EQUIP SUPPLIES & PARTS 12.53
FIRE SERVICES EQUIP SUPPLIES & PARTS 136.75
STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 67.04
216.32
MEDICA EMPLOYEE EXPENSE FUND EMPLOYEE BENEFITS 62,513.70
62,513.70
METROCALL INC INVESTIGATION SERVICES PROFESSIONAL SERVICES 13.40
SEWER OPERATIONS EXPENSE CELLULAR PHONES 12.53
WATER UTILITY EXPENSE CELLULAR PHONES 12.53
38.46
METROPOLITAN COUNCIL ENVIRONME SEWER OPERATIONS EXPENSE MCES FEES 66,099.61
66,099.61
MINNESOTA POLLUTION CONTROL AG SEWER OPERATIONS EXPENSE TRAINING & SUBSISTANCE 23.00
23.00
MINNESOTA STATE RETIREMENT SYS EMPLOYEE EXPENSE FUND HEALTH CARE SAVINGS PLAN 2,002.04
2,002.04
MN CHIEFS OF POLICE ASSN POLICE ADMINISTRATION OUTSIDE PRINTING 30.11
POLICE ADMINISTRATION TRAINING & SUBSISTANCE 160.00
190.11
MN CHILD SUPPORT PAYMENT CENTE EMPLOYEE EXPENSE FUND CHILD SUPPORT PAYABLE 1,314.24
1,314.24
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 10
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
MN DEPARTMENT OF HEALTH WATER UTILITY REVENUES ENTERPRISE SALES 8,950.00
8,950.00
MN DEPT OF REVENUE EMPLOYEE EXPENSE FUND GARNISHMENT PAYABLE 290.88
290.88
MN OFFICE OF ENTERPRISE TECHNO PATROL SERVICES TELEPHONE 74.00
74.00
MOTOR PARTS SERVICE CO INC STREET MAINTENANCE VEHICLE SUPPLIES & PARTS 17.84
17.84
NORTH COUNTRY BUSINESS PRODUCT DOWNTOWN LIQUOR REV & EXP EQUIPMENT REPAIR SERVICE 273.81
PILOT KNOB LIQUOR EQUIPMENT REPAIR SERVICE 474.05
747.86
OFFICEMAX - A BOISE COMPANY ADMINISTRATION OFFICE SUPPLIES 239.47
239.47
ORKIN EXTERMINATING BUILDING MAl NT SERVICES PROFESSIONAL SERVICES 88.98
SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 20.97
SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 20.97
STORM WATER UTILITY OPERATIONS PROFESSIONAL SERVICES 4.19
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 92.47
227.58
PAUSTIS WINE CO. DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 409.00
PILOT KNOB LIQUOR COST OF GOODS SOLD 1,534.01
1,943.01
PELLlCCI HARDWARE & RENTAL POLICE ADMINISTRATION OTHER SUPPLIES & PARTS 12.94
FIRE SERVICES BUILDING SUPPLIES & PARTS 25.55
FIRE SERVICES OTHER SUPPLIES & PARTS 29.31
FIRE SERVICES EQUIPMENT REPAIR SERVICE 73.23
FIRE SERVICES BUILDING REPAIR SERVICE 66.28
STREET MAINTENANCE OTHER SUPPLIES & PARTS 11.16
STREET MAINTENANCE STREET MATERIALS 47.87
SNOW REMOVAL SERVICES OTHER SUPPLIES & PARTS 39.83
NATURAL RESOURCES OTHER SUPPLIES & PARTS 27.68
PARK MAINTENANCE OTHER SUPPLIES & PARTS 185.62
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 11
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
BUILDING MAINT SERVICES EQUIP SUPPLIES & PARTS 6.33
BUILDING MAl NT SERVICES BUILDING SUPPLIES & PARTS 300.24
BUILDING MAINT SERVICES OTHER SUPPLIES & PARTS 8.21
SENIOR CENTER PROGRAMS OTHER SUPPLIES & PARTS 20.75
ICE ARENA OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 12.81
ICE ARENA OPERATIONS EXPENSE EQUIPMENT REPAIR SERVICE 5.31
DOWNTOWN LIQUOR REV & EXP OTHER SUPPLIES & PARTS 39.74
PILOT KNOB LIQUOR OTHER SUPPLIES & PARTS 8.91
SEWER OPERATIONS EXPENSE OTHER SUPPLIES & PARTS 194.62
SOLID WASTE OPERATIONS OTHER SUPPLIES & PARTS 81.91
WATER UTILITY EXPENSE OTHER SUPPLIES & PARTS 59.75
1,258.05
PHILLIPS WINE AND SPIRITS INC DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 5,294.47
PILOT KNOB LIQUOR COST OF GOODS SOLD 5,121.58
10,416.05
PICKLER & ASSOCIATES INC, FRED PATROL SERVICES UNIFORMS & CLOTHING 49.00
49.00
PIETSCH, DENELLE RECREATION PROGRAM SERVICES PROGRAMMING EXPENSE 66.96
66.96
PIONEER PRODUCTS INC GENERAL FUND BALANCE SHEET MN SALES TAX DUE 132.12-
FIRE SERVICES OTHER SUPPLIES & PARTS 2,164.75
2,032.63
PITNEY BOWES ADMINISTRATION RENTAL OF EQUIPMENT 555.00
555.00
POLFUS IMPLEMENT INC. PARK MAINTENANCE EQUIP SUPPLIES & PARTS 905.25
PARK MAINTENANCE OTHER SUPPLIES & PARTS 99.02
1,004.27
PRIVATE UNDERGROUND INFORMATION TECHNOLOGY PROFESSIONAL SERVICES 124.00
124.00
PUBLIC EMPLOYEES RETIREMENT AS EMPLOYEE EXPENSE FUND PERA PAYABLE 12,763.01
EMPLOYEE EXPENSE FUND PERA 15,783.19
28,546.20
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 12
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
PUSH PEDAL PULL - SLP SENIOR CENTER PROGRAMS PROFESSIONAL SERVICES 134.55
134.55
QUALITY WINE AND SPIRITS CO DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 3,702.27
PILOT KNOB LIQUOR COST OF GOODS SOLD 4,796.54
8,498.81
R & R SPECIAL TIES OF WISCONSIN ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 120.75
120.75
REED BUSINESS INFORMATION SOLID WASTE OPERATIONS LEGAL NOTICES PUBLICATIONS 120.42
120.42
RESOURCE RECOVERY TECHNOLOGIES SOLID WASTE OPERATIONS PROFESSIONAL SERVICES 19,432.98
19,432.98
RETTERATH,SCOTT GENERAL FUND REVENUES RECREATION FEES - GENERAL 315.00
315.00
RIVERTOWN NEWPAPER GROUP PLANNING & ZONING LEGAL NOTICES PUBLICATIONS 253.75
PARK IMPROVEMENT FUND LEGAL NOTICES PUBLICATIONS 36.25
ICE ARENA OPERATIONS EXPENSE LEGAL NOTICES PUBLICATIONS 14.50
DOWNTOWN LIQUOR REV & EXP ADVERTISING 182.13
PILOT KNOB LIQUOR ADVERTISING 182.12
STORM WATER UTILITY OPERATIONS LEGAL NOTICES PUBLICATIONS 29.00
NPDES Phase II LEGAL NOTICES PUBLICATIONS 87.00
784.75
ROCK RIVER ARMS INC CAPITAL ACQUISITION MN SALES TAX DUE 289.19-
CAPITAL ACQUISITION MACHINERY & EQUIPMENT 4,738.19
4,449.00
SAVOIE SUPPLY CO. INC. BUILDING MAINT SERVICES BUILDING SUPPLIES & PARTS 308.86
308.86
SCHULZ ELECTRIC INC PILOT KNOB LIQUOR BUILDING REPAIR SERVICE 104.77
104.77
SCHWlNESS LLC PILOT KNOB LIQUOR BUILDING RENTAL 14,492.49
14,492.49
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page - 13
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
SCOVILL, SHAWN PATROL SERVICES UNIFORMS & CLOTHING 143.45
143.45
SHADICK, LISA ADMINISTRATION MILEAGE REIMBURSEMENT 256.59
256.59
SNAP-ON INDUSTRIAL FLEET OPERATIONS OTHER SUPPLIES & PARTS 87.28
87.28
SPECIAL OPERATIONS PATROL SERVICES TRAINING & SUBSISTANCE 980.00
980.00
STATE MECHANICAL INC BUILDING MAl NT SERVICES BUILDING REPAIR SERVICE 34.00
SEWER OPERATIONS EXPENSE BUILDING REPAIR SERVICE 42.50
SOLID WASTE OPERATIONS BUILDING REPAIR SERVICE 42.50
STORM WATER UTILITY OPERATIONS BUILDING REPAIR SERVICE 8.50
WATER UTILITY EXPENSE BUILDING REPAIR SERVICE 42.50
170.00
STREICHER'S POLICE ADMINISTRATION UNIFORMS & CLOTHING 108.27
PATROL SERVICES OTHER SUPPLIES & PARTS 1,902.79
PATROL SERVICES UNIFORMS & CLOTHING 593.51
INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 383.30
2,987.87
TERMINAL SUPPLY CO. SNOW REMOVAL SERVICES VEHICLE SUPPLIES & PARTS 258.20
258.20
TKDA INC SEWER OPERATIONS EXPENSE PROFESSIONAL SERVICES 620.29
WATER UTILITY EXPENSE PROFESSIONAL SERVICES 620.30
1,240.59
TOTAL MEDIA INC GENERAL FUND BALANCE SHEET MN SALES TAX DUE 4.90-
INVESTIGATION SERVICES OTHER SUPPLIES & PARTS 80.37
75.47
TRENDEXINC RECREATION PROGRAM SERVICES OFFICE SUPPLIES 48.60
SEWER OPERATIONS EXPENSE OFFICE SUPPLIES 48.60
SOLID WASTE OPERATIONS OFFICE SUPPLIES 48.60
STORM WATER UTILITY OPERATIONS OFFICE SUPPLIES 48.60
WATER UTILITY EXPENSE OFFICE SUPPLIES 48.60
243.00
R55CKSUM LOG23000VO CITY OF FARMINGTON 03/29/200711 :53:45
Council Check Summary Page- 14
03/19/2007 - 04/01/2007
Vendor Business Unit Object Amount
U S BANK TRUST N A IMP BONDS 2003A FISCAL AGENT FEES 431.25
G.O. REFUNDING BONDS 2004A FISCAL AGENT FEES 402.50
GO IMP REFUNDING BONDS 2005A FISCAL AGENT FEES 402.50
IMPROVEMENT BONDS 2005B FISCAL AGENT FEES 402.50
GO IMP BONDS 2006A FISCAL AGENT FEES 431.25
GO CAPITAL IMP BONDS 2005C FISCAL AGENT FEES 402.50
G.O. REFUNDING TIF BONDS 2004B FISCAL AGENT FEES 402.50
CAPITAL ACQUISITION FISCAL AGENT FEES 805.00
3,680.00
UNITED PARCEL SERVICE PARK MAINTENANCE OTHER SUPPLIES & PARTS 13.38
13.38
UNITED STATES FIGURE SKATING A ICE ARENA OPERATIONS EXPENSE PROGRAMMING EXPENSE 75.00
75.00
VENNE, LISA ANNE ICE ARENA OPERATIONS EXPENSE PROFESSIONAL SERVICES 24.25
24.25
VIDEOTRONIX INC POLICE ADMINISTRATION PROFESSIONAL SERVICES 150.00
150.00
WEBBER RECREATIONAL DESIGN INC DAISY KNOLL PARK OTHER CONSTRUCTION COSTS 6,082.97
WESTVIEW ACRES OTHER CONSTRUCTION COSTS 880.92
DAKOTA CTY ESTATES PARK OTHER CONSTRUCTION COSTS 2,559.34
9,523.23
WHITE BEAR LAKE, CITY OF POLICE ADMINISTRATION TRAINING & SUBSISTANCE 20.00
PATROL SERVICES TRAINING & SUBSISTANCE 50.00
70.00
WINE COMPANY, THE DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 179.20
PILOT KNOB LIQUOR COST OF GOODS SOLD 270.40
449.60
WINE MERCHANTS DOWNTOWN LIQUOR REV & EXP COST OF GOODS SOLD 947.15
PILOT KNOB LIQUOR COST OF GOODS SOLD 426.93
1,374.08
WlNGFOOT COMMERCIAL TIRE SOLID WASTE OPERATIONS VEHICLE TIRES 6,239.54
6,239.54
R55CKSUM LOG23000VO
Vendor
WITMER ASSOCIATES INC
WOLD ARCHITECTS & ENGINEERS IN
Business Unit
FIRE SERVICES
CITY HALL
VALS :
SODERBERG
FOGARTY
MCKNIGHT
PRITZLAFF
WILSON
CITY OF FARMINGTON
Council Check Summary
03/19/2007 - 04/01/2007
Object
EQUIPMENT REPAIR SERVICE
PROFESSIONAL SERVICES
Report Totals
Amount
36,086.95
36,086.95
769,144.38
03/29/200711 :53:45
Page - 15
221.90
221.90