Administrative SectionADMINISTRATIVE SECTION
Letter from Bill Scorse, Pillsbury, dated August 15, 1995.
Letter to Ann Braden, Metropolitan Council, dated August 21, 1995.
Letter to Morris Mullin, dated August 21, 1995.
Letter from Kay Boyle, Community Education, dated August 14, 1995.
Memo from Charles Folch, dated August 16, 1995.
Memo re: special election procedures for upcoming park bond referendum, dated August 11,
1995.
Letter to Sherry Maloney, dated August 15, 1995.
Article on Southwest Metro Transit, dated August 10, 1995.
Letter from Richard P. Larkin, Standard & Poor's Ratings Services, dated August 7, 1995.
Letter from Sgt. Larry Wittsack, Carver County Sheriff's Dept., dated August 23, 1995.
.,Pillsbury;
August 15, 1995
Mr. Scott Harr
Public Safety Director
Department of Public Safety
P.O. Box 147
Chanhassen, MN 55317
Dear Scott:
b b
(612) 474 -7444 '
FAX: (612) 474-9319
V
We had an experience this last weekend that we wanted to share with you.
Saturday, August 12th, was the day of our plant picnic at Lake Susan Park. Part of the festivities
included a Moon Walk and Bunge Run which required electricity. The electrical circuits were
tripped in the pump house while hooking this equipment up. The doors were locked! Now what?
Well, I made a trip over to City Hall and happened to run into Officer Bob Zydowsky. I told him
of our plight and he took over from there. He called six or seven people who he thought might
possibly have a key to the building. Once he found the location of a key, he personally went to
get it and came over to Lake Susan to unlock the door for us.
Officer Zydowsky saved the day for us and through this letter to you, we want to thank him for
going "above and beyond the call of duty," all in the name of saving a picnic. His efforts were
very much appreciated.
Sincerely,
i
Bill Scorse
Plant Controller
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PILLSBURY BAKERIES & FOODSERVICE, INC. • 8000 AUDUBON ROAD • CHANHASSEN, MINNESOTA 55317
A Grand Metropolitan PLC Company
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Ms. Ann Braden
Metropolitan Council
Mears Park Centre
230 East Fifth Street
St. Paul, Minnesota 55101 -1634
Re: Right -of -Way Acquisition Loan Fund, Rottlund Company Property (formerly Adelmann
Property), Minnesota Department of Transportation parcel number 73
' Dear Ms. Braden:
The City of Chanhassen, Minnesota hereby makes final application for the use of Right -Of -Way
Acquisition Loan Funds (RALF) for the advanced acquisition of a parcel of land within the Highway
212 corridor. The total amount of the requested loan is $407,500.00.
Land purchase: $400,000.00
Appraisals: $3,100.00
Appraisal Certification: $1,892.29
Legal fees and title insurance: 2 4$ 92.29
Total: $407,485.20
' Please advise me if additional information will be required of the city. Upon approval by the
Metropolitan Council of a final loan agreement, I will take the agreement to City Council for approval.
' Sincerely,
/ "�l
Don Ashworth
City Manager
I pc: Mayor and City Council
Attachments
1.
Location Map
2.
Parcel Map
3.
Appraisal Certification
4.
Purchase Agreement
5.
MNDOT Administrative Settlement
6.
Draft Loan Agreement
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DEPARTMENT OF
ATE OF MINNESOTA REVIEW ANALYSIS TRANSPORTATION
;BAN PROPERTY PARTIAL TAKING
COUNTY Carver AREA A�48
& JOB NO. 9 PARCEL 1
P. RALF
=E h ri A im nn t I PROPERTY ADDRESS Lake Ril Blvd.,
ppraisals bY: am son Child 8-15-94
'ALOE BEFORE TAKING
65 000 $2 015.000
and Value t 31.00 ac/
:1:21.59 ac/ -0-
_ mprovements N n L725.
Less Estimated S ecial Assessments
Landscaping
TOTAL $1 290 000
�� ..,s y F Smder (Fl 7-11-94
34.50 ac / 23 500 $ 810.750
18.00 ac/ 1 so0 _ 27.Oy—
$ 837 7�0
VALUE AFTER TAKING
5 000 $ 1 040.000
Land Value t 16.00 ac
- 0 _
t 6.40 ac/ -0-
1
Remaining
_Improvements None 374 200)
'Less Estimated S ecial Assessments
Landscaping
TOTAL $ 665 800
,TOTAL DAMAGE $624 200
$ 460 400 —
$ nun nnn (R1
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I ALTERNATE COMPUTATION
Land Taken t 15.00 ac / 000 $ 975.000 -0-
1 t 15.10 ac/ -0-
Improvements
Taken None (350 800)
Less Estimated _Special Assessments
Landscaping
Severance None
Access
TOTAL DAMAGE $624 200
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$ 380 000 R) —
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The recommended estimate of market value as of July 11. 1994, unencumbered,
certified by:
Review AppraiseUL
Michael Strapp J v
Date ar cell
Value or damage estimate I
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12 ac / �� �n0 _�� I
3.00 ac/ 1500 4.500
1510 ac / 23 500_ $354 850_
15.00 ac/ 1 500 22.500
' REVIEW APPRAISERS CERTIFICATION
I certify that, to the best of my knowledge and belief:
- the facts and data reported by the review appraiser and used in the review process are true and
correct.
- the analyses, opinions, and conclusions in this review report are limited only by the assumptions and
limiting conditions stated in this review report, and are my personal, unbiased professional analyses,
opinions, and conclusions.
- I have no present or prospective Interest In the property that Is the subject of this report and I have
' no personal interest or bias with respect to the parties involved.
- my compensation is not contingent on an action or event resulting from the analyses, opinions, or
conclusions in, or the use of, this review report.
' - my analyses, opinions, and conclusions were developed and this review report was prepared in
conformity with the Uniform Standards of Professional Appraisal Practice.
I personally inspected the subject property of the report under review on September 1. 1994
- I also visually inspected the applicable comparable sales, and made further investigation when
' considered necessary.
- no one provided significant professional assistance to the person signing this review report.
- The appraisals) meet(s) the requirements of the Uniform Standards of Professional Appraisal
' Practice and the Appraisal Specifications of the Mn. Department of Transportation, unless noted in
the review corpmgnts. A -
Review Ap raiser Michad Strapp
' Date n L
Certified Appraisal of $380,000.00
Recommended for approval.
' Director of Right of Way Operations
Review Comments:
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The subject property Is a t 52.50 acre unimproved parcel of land located along Lake Riley Blvd. in the
' City of Chanhassen. A small portion of the parcel lies between Lake Riley Blvd. and the shoreline with
the remainder extending north from Lake Riley. Width of the parcel is approximately 670 feet with a
depth varying from *3,300 feet on the east side to ±3,561 feet on the west side. A portion of the
parcel lying immediately north of Lake Riley Blvd. lies in a pond with the extreme north end of the parcel
lying in Rice Marsh Lake. Several utility easements including a sanitary sewer and power line cross the
subject property. Please refer to Mr. Snydees report for an actual survey of the property. Topography
varies from rolling, open land to some lightly wooded to the pond and wetland areas previously
' mentioned. Currently, there is no inplace access to the property off Lake Riley Blvd. Although presently
not available, utilities are possible since the subject lies within the MUSA boundaries. Indications from
the city are that utilities will be available to the property in the immediate future.
' Zoning is R -12 which is a high density residential district under the Chanhassen City Zoning Ordinance.
The Intent of this district is to provide for townhouse and multi - family residential structures of a maximum
density of 12 units per acre. The adjacent property to the east is currently improved with an apartment
complex. The R -12 zoning is the highest residential density available in the city. Both appraisers
assigned to the parcel estimate the property's highest and best use to be for medium density or
townhouse type residential development.
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The proposed acq uisition is for part of the future Trunk Highway No. 212 corridor through the Cities of
Eden Prairie, Chanhassen and. Chaska. The property is being acquired under the RALF Program. Area
to be acquired totals 30.10 acres of which approximately 6.167 acres is in the new trunk highway
corridor with the remainder lying north of said corridor, a large percentage of which lies in Rice Marsh '
Lake. The remainder will total 22.40 acres and will be all land lying north of Lake Riley. Again, please
refer to the survey which is found In both reports. The acquisition does not change the remainder's
highest and best use or the manner in which it would be developed with access off Lake Riley Blvd....,
Sufficient buildable land remains (t 16 to 19 acres) to be developed for a residential use.,..:
The property was appraised by two fee appraisers who have submitted dissimilar value estimates for the '
property. Mr. Sampson Child estimates a before value of $1, 290 000.00 , an after value of $665,800.
Indicating a total damage of $624,200.00. Mr. Harvey Snyder of Orion Appraisals, Inc. estimates a
before value of $837,750.00, an after value of $460,400.00 indicating a total damage, rounded, of : I ,
$380,000.00. The entire difference is attributable to a large variance as to the land value for the subject. ,
Neither appraiser estimates a severance to the remainder. Subtracting out estimated special
assessments, Mr. Child estimates a per acre value of approximately $41,600.00 versus Mr. Snyder's
estimate of $23,500.00. This reviewer has viewed both the subject and the sales utilized by both '
appraisers. To summarize briefly, Mr. Child has used sales in more heavily developed areas of Eden
Prairie and Chanhassen and thus has arrived at a higher per acre value. Mr. Snyder, on the other hand,
has utilized a wider variety of sales which, with the exception of Comparabies #5 and #6, are more '
remote than the subject or have less intense zoning. It is the opinion of this reviewer that the true
indication of subject value is probably somewhere in between these value estimates. Time constraints
by the City of Chanhassen eliminates the possibility at this time of obtaining a third appraisal which was
recommended by this reviewer. After a careful review of all factors cited by both appraisers and the ,
adjustments used on the comparable sales, it appears that Mr. Snyder's more conservative estimate is
more indicative of land value than the higher per acre value estimated by Mr. Child. The subject's
remote location would indicate that immediate development especially until sewer and water are ,
extended is off in the future. This situation is more reflective of Mr. Snyder's sales than Mr. Child's.
Mr. Snyder's total value estimate for the acquisition of $380,000.00 is certified. ,
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REAL ESTATE PURCHASE AGREEMENT
THIS AGREEMENT (the "Agreement ") made and entered into this day of
1995 by and between the CITY OF CHANHASSEN, a municipal
corporation under the laws of the State of Minnesota, with offices at 690 Coulter Drive,
Chanhassen, Minnesota 55317 (referred to herein as the "Buyer "), and - The ROTTLUND
' COMPANY, INC., a Minnesota corporation, with offices at 2681 Long Lake Road,
' Roseville, Minnesota, and its successors, or assigns (the "Seller ").
In consideration of the mutual covenants and agreements herein, and of the Earnest
Money (as defined herein) paid by Buyer, the receipt and sufficiency of which are hereby
acknowledged, it is hereby mutually agreed by Seller and Buyer as follows:
SECTION 1.
SALE AND PURCHASE OF LAND
1.1) Seller shall sell to Buyer and Buyer shall purchase from Seller, upon the terms
and conditions hereof, the following property (all collectively referred to as the "Subject
' Property "):
' 1.1.1) The land in Carver County, Chanhassen, Minnesota, legally described
on Exhibit "A" to be attached hereto and incorporated herein, together with all right,
title, and interest in and to any roads or alleys adjoining or servicing such land,
' rights -of -way, or easements appurtenant thereto, and in and to any ditch, water, or
riparian rights and claims appurtenant thereto, and to any unpaid award with respect
thereto (the "Land ");
t 1.1.2) Any improvements located on the Land;
' 1.1.3) All rents, leases, contract rights, causes of action, permits, licenses,
and other rights relating to the Land and Improvements (the "Contract Rights "); and-
1. 1.4) All right, title, and interest of Seller in and to any plans,
specifications, surveys, studies, reports, renderings, or drawings pertaining to the
1 18991 06/28/95
Subject Property and Improvements, including environmental, marketing and related
matters (the "Drawings ").
SECTION 2.
PURCHASE PRICE
2.1) The purchase price for the Subject Property (the "Purchase Price ") shall be Four
Hundred Thousand Dollars ($400,000.00) and shall be payable by Buyer to Seller in cash or
certified check on the date of Closing.
SECTION 3.
TITLE MATTERS
3.1) Seller, at its own expense, shall furnish to Buyer within twenty (20) days hereof
a current commitment for the issuance of a 1987/1990 ALTA Form B owner's policy of title
insurance (the "Commitment ") issued by Title Company acceptable to Buyer ( "Title ") in the
amount of Four Hundred Thousand Dollars ($400,000.00), committing to insure that Buyer
will have good and marketable title to the Subject Property, free of any and all standard and
other exceptions to title, except matters to which Buyer may consent in writing.
3.2) In the event any exceptions are listed in the Commitment for title insurance, if
the same results from any voluntary action by the Seller, the Seller shall promptly cause the
exception to be removed. With regard to any other exceptions, if the Seller fails to remove
the same within the time allowed for closing on the Subject Property, the Buyer shall have
the right to remove the encumbrances and credit the cost of the same against the Purchase
Price or terminate this Agreement.
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SECTION 4.
CLOSING
4.1) The closing (the "Closing ") shall be at a location designated by Buyer, and shall
' occur within thirty (30) days after the removal of the Buyer Contingencies described in
i Section 7.1 and the Seller Contingency described in Section 7.2.2 (the "Closing Date ").
4.2) On the Closing Date, Seller shall deliver to Buyer possession of the Subject
i Property vacant and free of any and all debris (including, but not limited to, trash, garbage,
rubbish, tree stumps, personal property) and all other personalty not included in the sale of
the Subject Property. Until possession is delivered to Buyer, Seller shall keep and maintain
i the Subject Property in a neat and orderly condition and shall not alter or damage any part
thereof. Seller shall not remove any dirt, trees, shrubs, or other natural growth, except as to
keep the Subject Property in a neat and orderly condition.
4.3) Seller shall execute and deliver to Buyer:
i 4.3. 1) At the Closing, a duly executed warranty deed;
4.3.2) At the Closing, a customary affidavit that there are no unsatisfied
' judgments of record, no actions pending in any state or federal courts, no tax liens,
and no bankruptcy proceeding filed against Seller, and no labor has or materials have
' been furnished to the Subject Property for which payment has not been made, and that
to the best of Seller's knowledge there are no unrecorded interests relating to the
Subject Property;
i 4.3.3) On or before July 15, 1995, a survey of the Subject Property prepared by
a surveyor registered in Minnesota certified to Buyer showing the boundaries of the
Subject Property and the location of any rights -of -way, encumbrances and easements
on the Subject Property.
i 4.4) Seller shall pay at Closing all general real estate taxes levied against the Subject
Property due and payable for all years prior to the year of closing, together with any unpaid
i installments of special assessments due therewith ( "Taxes "), and any Taxes deferred. Buyer
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and Seller shall prorate to the date of Closing all general real estate taxes and installments of
special assessments due in the year of Closing. All general real estate taxes levied against
the Subject Property together with any unpaid special assessments due in the years following
the year of Closing shall be the responsibility of Buyer. The prorated taxes and assessments
due on the Subject Property shall be determined by dividing the square footage of the Subject
Property by the square footage of the tax parcel constituting the subject parcel and other
lands.
4.5) Seller shall pay at Closing:
4.5. 1) state deed tax;
4.5.2) all costs of obtaining and updating the abstract to the Subject Property,
including name searches, tax searches, bankruptcy searches, and property inspection
fees;
4.5.3) title insurance commitment fees;
4.5.4) recording fees for corrective instruments required to remove
encumbrances and place marketable title in Buyer's name;
4.5.5) all real estate tax obligations as outlined in paragraph 4.4; and
4.5.6) all fees and costs owed for the survey of the Subject Property.
4.6) Buyer shall pay at Closing:
4.6. 1) all recording fees and charges relating to the filing of the deed;
4.6.2) title insurance premiums; and
4.6.3) the recording fee for the easement described in Section 8.
4.7) Seller and Buyer shall equally share the Closing fee charged by the title
company.
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SECTION 5.
COVENANTS, REPRESENTATIONS, AND WARRANTIES OF SELLER
5.1) Seller, as an inducement to Buyer to enter into this Agreement, and as part of
the consideration therefor, represents, warrants, and covenants with Buyer and its successors
' and assigns that:
5.1.1) There are no leases, options, purchase agreements, rights to redeem,
tenancy agreements, or rights of occupancy, written or verbal, and no person or party
has, or will have any rights of adverse possession, regarding the Subject Property;
5.1.2) Seller will maintain in force insurance against public liability from such
risk and to such limits as in accordance with prudent business practice and suitable to
the Subject Property from the date hereof to the Closing Date;
' 5.1.3) To the best knowledge of Seller, no entity or person has, at any time:
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i) "released" or actively or passively consented to the "release" or
"threatened release" of any Hazardous Substance (as defined below) from any
"facility" or "vessel" located on or used in connection with the Subject
Property; or
ii) taken any action in "response" to a "release" in connection with the
Subject Property; or
iii) otherwise engaged in any activity or omitted to take any action
which could subject Seller or Buyer to claims for intentional or negligent torts,
strict or absolute liability, either pursuant to statute or common law, in
connection with Hazardous Substances (as defined below) located in or on the
'
Subject Property, including the generating, transporting, treating, storage, or
manufacture of any Hazardous Substance (as defined below). The terms set
within quotation marks above shall have the meaning given to them in the
'
Comprehensive Environmental Response and Liability Act, 42 U.S.C. Sec.
9601 et seq., as amended ( "CERCLA ") and any state environmental laws.
"Hazardous Substances" means hazardous waste, toxic substances,
'
formaldehyde, urea, polychlorinated biphenyls, asbestos, petroleum, natural
gas, synthetic gas usable for fuel or mixtures thereof, any materials related to
any of the foregoing, and substances defined as "hazardous substances ", "toxic
substances ", "hazardous waste ", "pollutant ", or "contaminant" in CERCLA,
Resource Conservation and Recovery Act as amended, 41 U.S.C. Sec. 9601 et
seq., the Hazardous Materials Transportation Act, 49 U.S.C. Sec. 1801 et
seq., the Clean Water Act, 33 U.S.C. Sec. 1251 et seq., any state laws
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regarding environmental matters, or any regulations promulgated pursuant to
any of the foregoing statutes.
Seller shall indemnify Buyer, its successors and assigns, against, and shall hold
Buyer, its successors and assigns, harmless from, any and all losses, liabilities,
claims, fines, penalties, forfeitures, damages, administrative orders, consent '
agreements and orders, and the costs and expenses incident thereto, including, without
limitation, reasonable attorneys' fees, consultants' fees and laboratory fees, which
may at any time be imposed upon, incurred by or awarded against Buyer as a result ,
of or in connection with the breach of any of the above representations and
warranties, whether such breach is discovered before or after closing. Each of the
above representations and warranties shall survive the closing. Consummation of this
Agreement by Buyer with knowledge of any such breach by Seller shall not constitute
a waiver or release by Buyer of any claims arising out of or in connection with such
breach;
5.1.4) To the best knowledge of Seller, no entity or person has, at any time, ,
installed, used, or removed any underground storage tank on or in connection with
the Subject Property;
5.1.5) As part of this agreement, Seller shall execute the well disclosure ,
certificate attached hereto as Exhibit "B". Seller shall deliver the well certificate to
Buyer on the date of execution of this agreement. Seller warrants that all statements ,
set forth in the well certificate are true, accurate, and complete to the best of Seller's
knowledge.
5.2) The covenants, representations, and warranties contained in Section 5 shall be
deemed to benefit Buyer and its successors and assigns and shall survive any termination or I
expiration of this Purchase Agreement or the giving of the Deed. All of Seller's covenants,
representations and warranties in this Agreement shall be true as of the date hereof (and shall
be a condition precedent to the performance of Buyer's obligations hereunder) and as of the ,
Closing Date. In addition to Buyer's remedies as outlined in Section 3.2, if Buyer discovers
covenant representation, or warrant '
that any such p Y is not true, Buyer may elect prior to
closing, in addition to any of its other rights and remedies, to cancel this Agreement, or '
Buyer may postpone the Closing Date up to ninety (90) days to allow time for correction.
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Buyer shall not be deemed to have waived any claims for breach of warranty if Buyer
consummates the transaction set forth in this Agreement with the knowledge that one or more
of Seller's warranties are false.
5.3) Seller is, or by Closing will be, the sole owner of fee simple absolute title to the
Subject Property, has all requisite power and authority to execute and deliver this Agreement
and the documents listed in Section 4 above.
SECTION 6.
TESTING
6.1) Buyer and its agents shall have the right, at Buyer's sole option, to enter the
Subject Property without charge and at all reasonable times after the execution of this
Agreement, to perform investigation and tests as Buyer may reasonably deem appropriate. If
Buyer investigates and tests the Subject Property pursuant to this section, Buyer shall pay all
costs and expenses of such investigation and testing and shall indemnify and hold Seller
harmless from all costs and liabilities arising out of Buyer's activities. If the purchase and
sale contemplated by this Agreement is not closed, Buyer shall repair and restore any damage
to the Subject Property caused by Buyer's investigation or testing, at Buyer's expense, and
shall return the Subject Property to substantially the same condition as existed prior to such
entry. The provisions of this Section shall survive closing or cancellation of the Purchase
Agreement.
SECTION 7.
CONTINGENCIES
7.1) The obligations of Buyer under this Agreement are contingent upon each of the
following (the "Buyer Contingencies "):
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terminate this Agreement by giving written notice to Seller on or before the applicable date ,
set forth above. Upon such termination, neither party shall have any further rights or
obligations under this Agreement. The Buyer Contingencies are for the sole and exclusive '
benefit of Buyer, and Buyer shall have the right to waive the Buyer Contingencies by giving '
written notice to Seller.
7.2) The obligations of Seller under this Agreement are contingent upon each of the
following (the "Seller Contingencies "). '
7.2.1) Seller shall have acquired fee title to the Subject Property at a closing
which is to be conducted simultaneously with the closing of the transaction described ,
in this Agreement.
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7.1.1) The representations and warranties of Seller set forth in Section 5 of
this Agreement must be true as of the date of this Agreement and on the Closing
Date, and Seller shall have delivered to Buyer at Closing a certificate dated the
,
Closing Date, signed by Seller, certifying that such representations and warranties are
true as of the Closing Date.
,
7.1.2) Buyer shall have determined on or before September 15, 1995, that it
is satisfied, in its sole discretion, with the results of and matters disclosed by any
investigation or testing of the Subject Property.
,
7.1.3) Buyer shall have determined on or before September 15, 1995 that it is
satisfied, in its sole discretion, with the results of and matters disclosed by the survey
,
described in Section 4.3.3.
7.1.4) Buyer obtaining a written unconditional commitment from the
'
Metropolitan Council Right -of -Way Acquisition Loan Fund on terms acceptable to
Buyer on or before September 15, 1995, which serves to secure Buyer's funding of
the purchase described herein.
'
7.1.5) Buyer obtaining an administrative settlement from the Minnesota
Department of Transportation on or before September 15, 1995 approving the
,
Purchase Price.
If the Buyer Contingencies have not been satisfied, then Buyer may, at Buyer's option,
,
terminate this Agreement by giving written notice to Seller on or before the applicable date ,
set forth above. Upon such termination, neither party shall have any further rights or
obligations under this Agreement. The Buyer Contingencies are for the sole and exclusive '
benefit of Buyer, and Buyer shall have the right to waive the Buyer Contingencies by giving '
written notice to Seller.
7.2) The obligations of Seller under this Agreement are contingent upon each of the
following (the "Seller Contingencies "). '
7.2.1) Seller shall have acquired fee title to the Subject Property at a closing
which is to be conducted simultaneously with the closing of the transaction described ,
in this Agreement.
18991
06/28/95 ,
7.2.2) Seller shall have obtained final plat approval of the real property
depicted on Exhibit "C ", on or before October 15, 1995.
If the Seller Contingencies have not been satisfied, then Seller may, at Seller's option,
I terminate this Agreement by giving written notice to Buyer on or before the applicable date
set forth above. Upon such termination, neither party shall have any further rights or
'obligations under this Agreement. The Seller Contingencies are for the sole and exclusive
' benefit of Seller, and Seller shall have the right to waive the Seller Contingencies by giving
written notice to Buyer.
SECTION 8.
TEMPORARY ACCESS EASEMENT
8.1) Buyer shall grant Seller at the time of closing a 50 foot wide Temporary Access
Easement, on the form attached hereto as Exhibit "D," over the Subject Property and
appurtenant to Seller's property as legally described in Exhibit "C ".
SECTION 9.
MISCELLANEOUS
9.1) The covenants and representations made by Seller shall survive the Closing of
this transaction.
9.2) Seller hereby indemnifies Buyer for any claim, cost, or damage related to any
brokerage fee incurred by Seller due because of this Agreement. Buyer hereby indemnifies
Seller for any claim, cost, or damage related to any brokerage fee incurred by Buyer due
because of this Agreement.
' 9.3) Any notice, demand, or request which may be permitted, required or desired to
be given in connection herewith shall be in writing and sent by certified mail, hand delivery,
' overnight mail service such as Federal Express, or Western Union telegram or other form of
18991
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06/28/95
telegraphic communication, directed to Seller or Buyer. Any notice shall be deemed
effective when delivered to the party to whom it is directed. Unless other addresses are '
given in writing, notices shall be sent to Seller or Buyer at the applicable address stated on
the first a e of this Agreement.
'
Pg g
9.4) Time shall be of the essence in this Agreement. Where any date or time I
prescribed by this Agreement falls on a Saturday, Sunday or statutory holiday, such date or
tended to the next normal business da '
time shall automatically be ex . Y
9.5) Each party hereto shall promptly, on the request of the other party, have
acknowledged and delivered to the other party any and all further instruments and assurances
reasonably requested or appropriate to evidence or give effect to the provisions of this
Agreement.
9.6) This Agreement represents the entire agreement of the parties with respect to the 1
Subject Property and all prior agreements, understandings, or negotiations between the
parties are hereby revoked and superseded hereby. No representations, warranties, '
inducements, or oral agreements have been made by any of the parties, except as expressly
set forth herein, or in other contemporaneous written agreements. This Agreement may not
be changed, modified or rescinded, except by a written agreement signed by both parties '
hereto. Seller and Buyer shall have the right to modify, amend, or cancel this Agreement
without the consent or approval of any real estate broker or agent. Under no circumstances,
includin g, an without limitation, default(s) of Seller and /or Buyer under this Agreement,
Y
will: (a) any real estate broker or agent be entitled to any commission unless the Closing ,
actually occurs, or to any notice under this Agreement; or (b) Buyer have any liability and /or
10
06/28/95 '
1
11
obligation for payment of any commission or other compensation to any real estate broker or
agent regarding this Agreement incurred by Seller; or (c) Seller have any liability and /or
agent regarding this Agreement incurred by Buyer.
obligation for payment of any commission or other compensation to any real estate broker or
9.7) If Buyer defaults under any of the terms hereof, then Seller shall have the right,
in addition to whatever other remedies are available to Seller at law or in equity, including
without limitation, specific performance, damages, including attorney's fees, to cancellation
of this Agreement.
9.8) If Seller defaults under any of the terms hereof, including, without limitation,
the delivery of marketable title to the Subject Property as set forth in Section 4 hereof, and
any of Seller's representations, covenants, and warranties in Section 5 hereof, then Buyer
shall have the right, in addition to whatever other remedies are available to Buyer at law or
in equity, including without limitation, specific performance, damages, including attorney's
fees, to cancellation of this Agreement.
9.9) If any provision of this Agreement is declared void or unenforceable, such provision
shall be deemed severed from this Agreement, which shall otherwise remain in full force and
effect.
9.10) Failure of any party to exercise any right or option arising out of a breach of this
Agreement shall not be deemed a waiver of any right or option with respect to any
subsequent or different breach, or the continuance of any existing breach.
9.11) This Agreement shall inure to the benefit of and be binding upon the parties hereto
and their respective heirs, personal representatives, successors and assigns.
' 18991
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06/28/95
9.12) This Agreement shall be construed in accordance with the laws of the State of
Minnesota.
9.13) At Buyer's request, a memorandum of this Agreement shall be executed by Buyer
and Seller and filed of record in Carver County, Minnesota.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of the
day and year first above written.
BUYER:
CITY OF CHANHASSEN
IM
Donald J. Chmiel, Mayor
LN
Don Ashworth
City Manager /Clerk
STATE OF MINNESOTA )
ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
1995, by Donald J. Chmiel and by Don Ashworth, respectively the
Mayor and City Manager /Clerk of the CITY OF CHANHASSEN, a Minnesota municipal
corporation, on behalf of the corporation and pursuant to the authority granted by its City
Council.
SELLER:
— }�R
Notary Public
18991 12 06/28/95
B�
' TA
STATE OF MINNESO )
ss.
COUNTY OF���1)
The foregoing instrument was acknowledged before me this day of
,. 0U-•1 , 1995, by - Ti�yp M, IOVTOrz. the ���"1t�2. iltc� Q�� of the
Rottlund Company, Inc., a Minnesota corporation, on its behalf.
xrfh/ 1A. 4n1�jvVV1\ N/1!'JVW�1/•VhJ1,V`d1r'1.�N1MY � t ��UL �, - 7U
Notary Public
t:r. r •.w.•__^ P:UTNZyS'El:L! kS:'r3 ;: =ROTA
' t ^'A CCUUTY
f v�MMi1'. ,Mrl/SMJV'JvV/bv�V\h%!'MIMN p
' THIS INSTRUMENT WAS DRAFTED BY:
CAMPBELL, KNUTSON, SCOTT & FUCHS, P.A.
' 317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone: (612) 452 -5000
JRW
CI
F-j
1 18991 13 06/28/95
C
EXHIBIT A
LEGAL DESCRIPTION TO THE PROPERTY BEING SOLD TO THE I
CITY OF CHANHASSEN
n
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'
That part of the Northeast Quarter of the Northeast Quarter of
Section 24, Township 116, Range 23, and that part of the
Southeast Quarter of the Southeast Quarter of Section 13,
Township 116, Range 23, lying west of a line drawn 641.67 feet
West of, measured at a right angle to and parallel with the east
line of said Northeast Quarter of Northeast Quarter and lying
northerly of a line described as follows: Commencing at the
'
northwest corner of said Northeast Quarter of Northeast Quarter;
thence on an assumed bearing of South 0 degrees 16 minutes 21
seconds East, along the west line of said Northeast Quarter of
Northeast Quarter, a distance of 711.32 feet to the actual point
of beginning; thence North 77 degrees 17 minutes 36 seconds East,
693.73 feet to the West line of said East 641.67 feet and there
terminating. Subject to easements. Carver County, Minnesota.
,
n
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C
1 EXH "B" IS WELL DISCL
n
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1 18991 15 06/28/95
EXHIBIT C
LEGAL DESCRIPTION OF THE ENTIRE PARCEL BEING PLATTED I
All that part of the Northeast Quarter of the Northeast Quarter,
and of Government Lot 1 of Section 24, Township 116, Range 23, '
together with that part of the Southeast Quarter of the Southeast
Quarter of Section 13, Township 116, Range 23, all in Carver
County, Minnesota, which lies West of a line drawn 641.67 feet '
West of, measured at a right angle to and parallel with the East
line of the Northeast Quarter of the Northeast Quarter of said
Section 24, Township 116, Range 23 and its extensions. Subject
to eastments. Carver County, Minnesota. '
u
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0
I I
r
EXHIBIT " W
to
REAL ESTATE PURCHASE AGREEMENT
TEMPORARY ACCESS EASEMENT
THIS AGREEMENT (the "Agreement ") made and entered into this day of
, �VV'( , 1995 by and between the CITY OF CHANHASSEN, a municipal
corporation under the laws of the State of Minnesota, with offices at 690 Coulter Drive,
Chanhassen, Minnesota 55317 (referred to herein as the "Grantor "), and the ROTTLUND
COMPANY, INC., a Minnesota corporation, with offices at 2681 Long Lake Road, Roseville,
Minnesota, and its successors, or assigns (the "Grantee ").
WITNESSETH:
The Grantor, in consideration of the Purchase Agreement signed and executed of even
date herewith and other good and valuable consideration to it in hand paid by the Grantee, the
receipt and sufficiency of which is hereby acknowledged, does hereby grant unto the Grantee,
its successors and assigns, a 50 foot wide temporary access easement, over, on, across, under,
and through the land situated in the County of Carver, State of Minnesota, legally described as
I follows:
I
LEGAL DESCRIPTION [TO BE PROVIDED BY GRANTEE /SELLER]
TO HAVE AND TO HOLD the same, unto the Grantee, its successors and assigns,
LEGAL DESCRIPTION OF EASEMENT [TO BE PROVIDED BY GRANTEE /SELLER]
Said easement appurtenant to and to benefit Grantee's property ( "Grantee's property "), legally
described as follows:
commencing upon the closing date of the aforementioned Purchase Agreement between Grantee
18991 17 06/28/95
and Grantor and expiring one (1) year after the closing date, together with the right of ingress
to and egress from Grantee's property, for the limited purpose of grading Grantee's property in '
preparation of new home construction (not to include use of the easement for construction of any
homes or buildings), at the will of the Grantee, its successors and assigns; it being the intention '
of the parties hereto that the Grantor hereby grants the uses herein specified without divesting '
itself of the right to use and enjoy the above- described temporary easement premises, subject
only g to the right of the Grantee to use the same for the purposes herein expressed. '
As further consideration for this temporary easement, the Grantee agrees that if it or any
of its employees or agents causes any physical damage to the above described temporary '
easement premises which it does not restore to a condition as nearly as equal as possible to that
which existed prior to the construction and /or maintenance of the purposes described herein '
within a reasonable time after completion of that construction, the Grantor shall pay the costs '
of restoring the damaged premises to a condition as nearly equal as possible to that which existed
prior to construction. It is understood that in the removal of large trees, shrubs, and other plants '
that a like replacement for those items removed during construction is not always possible. In '
such cases, compensation for the damaged or removed trees, shrubs, or plants will be based
upon the value of the Grantor's entire premises before construction and the value of the premises '
after the construction has been completed. '
This Temporary Access Easement is subject to Grantee's obtaining from the Minnesota
Department of Transporation a grading permit or any other approval necessary for the
aforementioned grading. ,
18991
In
06/28/95 '
r
IN TESTIMONY WHEREOF, the parties hereto have signed this agreement the day and
year first above written.
GRANTEE:
CITY OF CHANHASSEN
Donald J. Chmiel, Mayor
(SEAL)
Don Ashworth, City Manager
AND
STATE OF MINNESOTA )
ss.
�6 !
COUNTY OF J � )
The foregoing instrument was
acknowledged before me is &day of
1995, by �'epp i11 �Z� r2- the 6- tk V1 K. of the Rottlund
Company, Inc., a Minnesota corporation,
on its behalf.
r ^.,. �, �.^✓.. na./ v�.'•".• 1.' 1.' ✓J'.�.'i ".�;wi,1�. "v'L'.nx
Notary Public
Dl . J �,: V v.; Je "J' ✓ \ ^NifJ'v: v`� . , J .'Vv`r'/`: _4'v'•iY Ts
18991 19 06/28/95
By
s:
STATE OF MINNESOTA )
)ss.
COUNTY OF CARVER )
The foregoing instrument was acknowledged before me this day of
1995, by Donald J. Chmiel and by Don Ashworth, respectively the Mayor and
City Manager of the City of Chanhassen, a Minnesota municipal corporation, on behalf of the
corporation and pursuant to the authority granted by its City Council.
Notary Public
DRAFTED BY:
Campbell, Knutson, Scott
& Fuchs, P.A.
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, Minnesota 55121
(612) 452 -5000
18991 20 06/28/95
I EXHIBIT A
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT BEING SOLD
That portion of the following described parcel:
That part of the Northeast Quarter of the Northeast Quarter
of Section 24, Township 116, Range 23, and that part of the
Southeast Quarter of the Southeast Quarter of Section 13,
Township 116, Range 23, lying west of a line drawn 641.67
feet West of, measured at a right angle to and parallel with
the east line of said Northeast Quarter of Northeast Quarter
' and lying northerly of a line described as follows:
Commencing at the northwest corner of said Northeast Quarter
of Northeast Quarter; thence on an assumed bearing of South
0 degrees 16 minutes 21 seconds East, along the west line of
' said Northeast Quarter of Northeast Quarter, a distance of
711.32 feet to the actual point of beginning; thence North
77 degrees 17 minutes 36 seconds East, 693.73 feet to the
' West line of said East 641.67 feet and there terminating.
Subject to easements. Carver County, Minnesota.
' which is south and east of a line lying 75 feet north and west of
and parallel to the south and east line of the above described
parcel.
n
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a
T OF TP
Minnesota Department of Transportation
Metropolitan Division
Waters Edge Building
1500 West County Road B2
Roseville, Minnesota 55113
582 -1266
August 14, 1995
Mr. Robert Generous, AICP
Planner II
City of Chanhassen
690 Coulter Drive
P.O. Box 147
Chanhassen, Mn 55317
Re: S. P. 1017 (212 =12) 902 Parcel 73
Rottlund Company Property
Dear Mr. Generous:
Transmitted herewith is the reply to your request for an administrative settlement for the above
referenced property. The reviewer's comment sheet is also included for your information. Based
on the findings of the reviewer, Mr. Rasmussen has approved the proposed settlement amount.
I have assigned a tentative Minnesota Department of transportation Parcel number of 73 to the
Rottlund Company's file. The project and parcel number will help us to more easily identify the
property in future correspondence
If you have any questions or if I can be of further help , please feel free contact me.
Sinc p Davi
Acting Division R/W Agent Supervisor
cc R. A. Elasky
K. F. Rasmussen C/O M S 630 :'< Vt °°
A. E Ridell C \O M S 632
File
c; ;
An Equal Opportunity Employer
Ll
C
0
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1 71
'
DEPARTMENT
OF TRANSPORTATION
STATE OF MINNESOTA
After reviewing the above cited information and
viewing
OFFICE MEMORAM) UM
DATE:
August 3, 1995
TO:
K. F. Rasmussen Director
Office of Right of Way and
Surveys �� sh,
I {�
{ /✓1 -V
FROM:
W tlin Review A raiser��
Bob es g, pp
'
Office of Right of Way and
Surveys U< < - J1
PHONE:
6 -8331
SUBJECT:
Chanhassen RALF parcel -
Adelmann /Rottlund Builders
'
Parcel - North side of Lake
Riley Boulevard, Chaska
(S.P. 1017(212= 12)902, PAR.
73)
' As you requested, I reviewed the information submitted by Mr. David
Pearson, Acting R/W Agent Supervisor, Metro Division, regarding a
proposed administrative settlement regarding the above parcel. The
review included a viewing of the parcel on August 2, 1995 and
' reviewing the appraisal review made by Mr. Michael Strapp, review
appraiser and the letter Mr. Robert Generous, Planner II, City of
Chanhassen, sent to Mr. Pearson sent to Mr. David Pearson in
'
relation to a potential settlement of $400,000
on this
parcel.
After reviewing the above cited information and
viewing
the parcel
' and general area on August 3, 1995, I conclude that the proposed
settlement in the amount of $400,000 appears to be very reasonable
and should be accepted for the following reasons:
' 1. Utilizing the alternate computation in Mr. Strapp's
review analysis as per the Harry F. Snyder Appraisal, the
proposed settlement equates to approximately $25,000 per
' acre for the approximate 15.10 acres of useable land and
$1,500 per acre for the approximate 15 acres of unuseable
land (($25,000 /Ac x 15.10 Ac) + ($1,500 /Ac x 15.00 Ac) =
$400,000). This equates to a 6.380 and Oo increase in
the value estimate of the useable and unusable land
respectively, from Mr. Snyder's original appraisal.
2. An appraisal with a total damage estimate of $624,200 was
originally submitted with the appraisal that had a total
damage estimate of $380,000. It is noted that Mr. Strapp
' certified the appraisal with the lower total damage
estimate with the following statement included in his
review comments:
"It is the opinion of this reviewer that the true
indication of subject value is probably somewhere
Page 1 of 2
1
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Page 2 of 2 '
in between these value estimates. Time constraints
by the City of Chanhassen eliminates the
'
possibility at this time of obtaining a third
appraisal which was recommended by this reviewer.
,
3. New residential development (currently under
construction) of exclusive residences in the immediate
area would generally tend to make land values increase.
'
4. The proposed administrative settlement is approximately
5.26% higher than the certified appraisal which is
approximately 10 months old and is approximately 35.92%
'
lower than the other appraisal that was made by Mr. Sam
Child for the City of Chanhassen.
'
5. Based on the letter submitted by the Mr. Generous, City
of Chanhassen, it appears that the City of Chanhassen is
paying between $24,000 and $30,000 for park land.
,
Considering the previous statements, I feel it would be in the best
interest of the residents of the State of Minnesota to acquire the
property in the amount of $400,000, the amount of the proposed
'
administrative settlement that was negotiated by the City of
Chanhassen with the property owner.
If you or representatives of the Right of Way Section, Metro
,
Division have any questions regarding this memo, please contact me.
c: George Eckenroth
Valuation Manager, Room 517
'
1
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Page 2 of 2 '
LOAN AGREEMENT NO. L -95-
LOAN AGREEMENT BETWEEN THE METROPOLITAN COUNCIL
' AND THE CITY OF CHANHASSEN
FOR PROTECTIVE ACQUISITION OF HIGHWAYRIGHT -OF -WAY
L�
1
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0
THIS AGREEMENT is entered into this day of , 1995, by THE
METROPOLITAN COUNCIL ( "the Council "), and THE CITYOF CHANHASSEN ( "the Recipient ").
WHEREAS, the Council is authorized by Minnesota Statutes section 473.167, subdivision 2, to make
loans to counties, towns, and cities situated within the metropolitan area for the purpose of
acquisition of property within a proposed state trunk highway right -of -way when acquisition is
necessary to avert the imminent conversion of such property to a use which would jeopardize the
property's availability for highway construction; and
WHEREAS, the Recipient is an eligible governmental unit and has applied for such a loan to
accomplish the acquisition of threatened right -of -way within the officially- mapped trunk highway 212
corridor; and
WHEREAS, the Council has authorized that such a loan be made to the Recipient from the
Metropolitan Right-of-Way Acquisition Loan Fund.
NOW, THEREFORE, in consideration of the mutual promises and covenants in this agreement, the
Council and the Recipient agree as follows:
I. LOAN FUNDS
1.01 Total Loan Amount. The Council shall loan to the Recipient, in accordance with the
loan schedule set forth in paragraph 1.02, a total loan amount not to exceed V ;'_r • - 1 .00.
1.02 Loan Schedule. Upon execution of this loan agreement, the Council will advance
$ 4r l) ff .00 to the Recipient for the purchase price of that real property described in Exhibit
A, which is attached to and incorporated in this agreement. The purchase price of the real property
includes any buildings or structures located on any parcel of the real property. Upon receipt by the
Council of satisfactory and complete documentation describing the Recipient's actual appraisal, title
evaluation, and other acquisition costs, the Council will advance to the Recipient such actual costs,
in an amount not to exceed $ '7 5'61D .00.
1.03 Authorized Use of Loan Funds. The parties agree that loan funds may be used only
for the purchase price of the property described in Exhibit A and the acquisition costs actually
incurred by the Recipient to acquire the property described in Exhibit A. The parties agree that no
part of the loan proceeds shall be used for relocating or moving persons or property. The parties
further agree that loan proceeds shall not be used to clean up contaminated soil or other pollutants,
if any are discovered on the site.
II. ACCOUNTING, AUDIT, AND RECORDS REQUIREMENTS
,L4
N
2.01 Separate Account. The Recipient agrees to establish and maintain a separate account '
for the loan and to maintain accurate and complete records and accounts relating to the receipt and
expenditure of all loan funds. Such accounts and records shall be kept and maintained for a period '
of at least three (3) years following discharge of the loan.
2.02 Audit. The above accounts and records of the Recipient shall be audited in the same ,
manner as all other accounts and records of the Recipient are audited, and may be audited and /or
inspected on the Recipient's premises or otherwise by individuals or organizations designated and
authorized by the Council at any time, following reasonable notification, during the loan period, and '
for a period of three (3) years following discharge of the loan.
2.03 Acquisition Report. The Recipient agrees that upon completion of any acquisition, the '
Recipient will submit to the Council an acquisition report, in a format to be determined by the
Council, summarizing the acquisition costs of the property, including all eligible expenses and
acquisition costs. '
2.04 Annual Report. The Recipient agrees to submit, on or before June 30 of each year
during which this agreement is in effect, an annual report on the status of the loan, in a form to be '
determined by the Council.
III. INCOME FROM PURCHASED PROPERTY '
3.01 Net Rents Defined. For purposes of this agreement, "net rents" means the total gross
rent received by the Recipient from any and all tenants or users of the property, less the Recipient's
actual costs for necessary maintenance, repairs, taxes, insurance, and operating expenses, and '
attorneys' fees associated with preparing or terminating any lease with respect to the property.
3.02 Transfer of Net Rents. The Recipient agrees to transfer to the Council, within forty- '
five (45) days of receipt, all net rents or other money received as a result of the Recipient's
ownership of the property. For any given payment to the Council, the Recipient may estimate the
actual costs to be deducted from gross rent. '
3.03 Adjustment for Actual Costs. Twelve (12) months from the commencement of receipt
of any rent by the Recipient from any property acquired with loan proceeds, the Recipient shall '
provide, in a form acceptable to the Council, documentation for all actual costs for necessary
maintenance, repairs, taxes, insurance, and operating expenses, and attorneys' fees with respect to the
property. Upon verification and acceptance of the documentation by the Council, the Recipient shall '
pay to the Council the amount, if any, determined by the Council to be necessary to adjust the
estimated deduction from gross rent to reflect the actual costs.
IV. LOAN DISCHARGE '
4.01 Discharge Due to Conveyance to Highway Authority. If any parcel purchased with the '
loan funds is conveyed to a highway authority for construction of a highway, the Recipient shall repay
to the Council, within thirty (30) days of receipt, the amount received from the highway authority for
the parcel. The amount to be repaid shall include the amount actually disbursed pursuant to '
paragraph 1.02 for acquisition costs attributable to the parcel. Upon payment of the specified
amount, the Council will discharge the loan.
4.02 Discharge Due to Changes in Plan for Highway. If the Council notifies the Recipient ,
that the plan to construct the highway has been abandoned or the anticipated location of the highway
has changed, the Recipient shall seek the prior approval of the Council to sell the acquired property.
7
u
The Recipient shall repay to the Council, within thirty (30) days of receipt, the fair market value of
the property as determined by sale of the property in accordance with the Recipient's procedures
required for the disposition of real property. Upon payment of the specified amount, the Council
will discharge the loan.
4.03 Discharge Due to Breach or Other Circumstances. If the property for any other reason
is sold, or if the Recipient materially breaches any term of this agreement, the Recipient shall repay
' the amount specified in paragraph 1.02 for the purchase price of the property and the amount
actually disbursed pursuant to paragraph 1.02 for acquisition costs. The Council agrees to notify the
Recipient of any material breach of the agreement and to provide a reasonable opportunity for the
Recipient to cure the breach. If the Recipient fails to cure the breach, the Recipient will repay the
' amount specified within thirty (30) days. Upon payment of the specified amount, the Council will
discharge the loan.
' V. GENERAL CONDITIONS
5.01 Duration of Agreement. The agreement is effective on the execution of this agreement
' and remains in force and effect until the loan is discharged.
5.02 Interest. The loan made in this agreement shall bear no interest.
' 5.03 Agreement and Restrictive Covenant. The Recipient and the Council each agree that
they will execute, and the Recipient agrees that it will cause to be recorded at its own expense, an
' agreement and restrictive covenant with reference to each parcel of land in which an interest is
acquired in whole or in part from loan proceeds. The agreement and restrictive covenant shall be
substantially in the form contained as a sample in Exhibit B, which is attached to and made a part
' of this agreement. It is the purpose of such agreement and restrictive covenant to limit the right of
the Recipient to convey or encumber land or interests in land acquired with loan proceeds without
the consent of the Council, and to insure that such lands and interests therein be devoted exclusively
' to the state highway purposes for which they were acquired.
5.04 Agreement to Convey. The Recipient agrees that upon the request of the authority
' authorized to construct the highway for which this right -of -way has been reserved, the Recipient will
convey the property to the authority at ,the same price the Recipient paid for the property, including
costs identified in paragraph 1.02 for acquisition costs.
' 5.05 Rights Reserved. If the Council finds that there has been a failure to comply with the
provisions of this agreement, the Council reserves the right to take any and all actions as it deems
necessary or appropriate to protect the Council's interest, provided that the Council agrees to notify
' the Recipient of any such failure to comply and to provide a reasonable opportunity to comply. The
Recipient agrees that discharge of the loan does not invalidate continuing obligations imposed on the
Recipient by this agreement. Termination of this agreement does not alter the Council's authority
' to disallow costs and recover funds on the basis of a later audit or other review, and does not alter
the Recipient's obligation to return any funds due to the Council as a result of later audits or
corrections.
J
S.a'Y t'l -AU 4J iii 1
5.06 Amendments. The terms of this agreement may be changed by mutual agreement of 1
the parties. Such changes shall be effective only upon the execution of written amendments signed
by authorized representatives of the Council and the Recipient. '
5.07 Compliance with Law. The Recipient agrees to conduct the activities contemplated by
this agreement in compliance with all applicable provisions of Federal, state, and local laws. The 1
Recipient further agrees to comply with all applicable laws relating to nondiscrimination, affirmative
action, and public purchase, contracting, and employment. In particular, the Recipient agrees not
to discriminate against any employee or applicant for employment because of race, color, creed, 1
religion, sex, sexual orientation, national origin, marital status, disability, status with regard to public
assistance, membership or activity in a local civil rights commission, or age, and to take affirmative
action that applicants and employees are treated equally with respect to all areas of employment, 1
rates of pay and other forms of compensation, and selection for training.
5.08 Indemnification. The Recipient assumes liability for, and agrees to indemnify, protect 1
and hold harmless the Council from any liabilities, obligations, losses, damages, claims, injuries,
penalties, costs and expenses, including reasonable attorney's fees, arising out of the Recipient's
performance of the activities contemplated by this agreement. The Recipient shall protect and hold '
the Council harmless from any liability arising out of contamination of the property by hazardous
substances or releases of hazardous substances from the property, whether known or unknown at the
time of acquisition.
5.09 Property rt Maintenance. The Recipient agrees to make reasonable efforts to maintain 1
the property acquired with loan funds provided under this agreement in a manner compatible with
the surrounding environment, as appropriate. 1
IN WITNESS WHEREOF, the parties have caused this agreement to be executed by their duly 1
authorized representatives on the day and year first above written.
METROPOLITAN COUNCIL 1
Approved as to form
'
By
Lynn M. Belgea James J. Solem, Regional Administrator
Assistant General Counsel
'
CITY OF CHANHASSEN
By
1
Its
1
By
1
Its
Chanagree (Adelman)
1
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EXHIBIT A
LEGAL DESCRIPTION
EXHIBIT B SAMPLE ONLY
AGREEMENT AND RESTRICTIVE COVENANT
THIS AGREEMENT is made and entered into this day 1 19 ,
between the City of — ,a Minnesota municipal corporation, ( "the City "),and
the Metropolitan Council, a political subdivision of the State of Minnesota, ( "the Council ").
WHEREAS, the City has acquired [describe nature of interest] in the real property described in
Exhibit A attached hereto and incorporated herein; and
WHEREAS, the Council has contributed funds toward the acquisition of the City's interest in the real
property pursuant to the Council's Loan Program and a Loan Agreement between the Council and
the City as authorized by Minnesota Statutes section 473.167; and
WHEREAS, the Loan Program was established to provide for the acquisition of property within the
right -of way of a state trunk highway shown on an official map when necessary to [avoid imminent
conversion of such property to a use which would jeopardize the property's availability for highway
construction OR to avoid hardship for owners of homestead property located in a proposed state
trunk highway right -of -way or project].
NOW, THEREFORE, in consideration of the loan made by the Council to the City and in
consideration of the mutual agreements and covenants, the Council and City agree as follows:
1. No sale, lease, mortgage, or other conveyance, nor the creation of any easement, restriction
or other encumbrance against the real property described in Exhibit A shall be valid for any
purpose unless the written approval of the Council, or its successors, is duly filed and
recorded at the time of the filing and recording of the instrument to which such approval
pertains.
2. The real property described in Exhibit A shall not be used for any purpose except the
construction of trunk highway unless the Council, or its successors, shall consent to
such other use or uses by instrument in writing duly filed and recorded and designating the
nature, extent and duration of the use for which such consent is given.
This Agreement and Restrictive Covenant may be enforced by the Council, its successors, or by any
citizen residing within the metropolitan area as defined by appropriate action in the courts of the
State of Minnesota.
IN WITNESS WHEREOF, the parties have caused this instrument to be executed in their respective
names all as of the above date.
METROPOLITAN COUNCIL
By
CITY OF
By
Its
Regional Administrator
NOTE. THIS FORM IS PROVIDEDASANEXAMPLE. THE RECIPIENTSHOULD PREPAREA PROPER INSTRUMENT
AND SUBMIT IT FOR SIGNATUREBY THE COUNCIL.
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Mr. Morris Mullin
' 3451 Shore Drive
Excelsior, MN 55331
I Dear Mr. Mullin:
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
Thank you for taking the time to send me a letter of appreciation for the work Street
' Superintendent, Mike Wegler, and the Street Department crew performed to correct a drainage
problem in your area. The city is fortunate to have hardworking and dedicated Street Department
personnel and the fine leadership of Mike Wegler. The crew works diligently day in and day out
through the extreme heat of summer and the harsh days of winter, and unfortunately, they do not
get many thanks or pats on the back. Therefore, when a resident does take the time to drop us
a note of thanks for a job well done, it is very much appreciated. Thanks again.
Sincerely,
CITY OF CHANHAS
' Charles D. Folch, P.E.
Director of Public Works
I CDF:jms
c: Don Ashworth, City Manager
' Mike Wegler, Street Superintendent
Street Department Personnel w /attachment
City Council Administrative Section (8/28/95) w /attachment
g �eng\charles\letters�m ullin
August 21, 1995
&&Orris &Mulli n_
PC Comp uter Planning
3451 Shore Drive • Excelsior, MN 55331 - (612) 474 -6891
August 16, 1995
Mr. Charles Fcich
Public Works Director
City of Chanhassen
1591 Park Road
Chanhassen MM 55317
Dear Mr. Folch,
I understand Mike Wagner reports to you. The recent series of
heavy rains prompted me to call for help Monday. Mike took
the call and assured me a prompt response. I am impressed.
Not only was Mike friendly and understanding but his crew
arrived this morning, (Wednesday) went right to work, did a
professional job raising the south berm on Shore Drive and
were on their way before noon. They did Chanhassen proud.
That higher berm will assure more rain water will get past
Jack McKellipis driveway Paul Madellis lot and mine and
around the corner to the underground pips into Minnewashta.
Water had been taking a short out around our houses and
dumping lots of beach sand into the lake.
We built our house here in 1966. Soon after the Heights
arranged for the pipe to funnel the water from the access into
the lake. it was a major improvement for the Heights.
Downpours had been destroying the beach area.
Now all we must do is help the water rushing down the streets
reach the access. Please express my appreciation to Mike and
his men.
Morris Mullin
I
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C!
J��ZY IN Env
, Community Education - Independent School District 112
110600 Village Road
Chaska, MN 55318
612 - 368 -3688
August 14, 1995
e "'-s `ter
Mr. Mark Littfin, Fire Marshall
P0 Box 147
Chanhassen, MN 55317
Dear Mr. Lifftin,
0c, a7�
Cc
/
I apologise for this being so late but I very much want to thank you for the
tour of the Chanhassen Fire Department on July 28. On behalf of the
families of Early Childhood Family Education who attended this tour, we
thought it was the best. You made us feel so welcomed with your
presentation.
Our program promotes nice experiences through classes and field trips
that help bring families together. It means a lot to us that you would
share your time with us.
Hope we can do this again.
Sincerely,
Kay Boyle
Program Assistant
Dist 112 Early Childhood Family Education
368 -3684
cc: Mr. Scott Harr
1 T1ON IN
CO
, Community Education - Independent School District 112
110600 Village Road
Chaska, MN 55318
612 - 368 -3688
August 14, 1995
e "'-s `ter
Mr. Mark Littfin, Fire Marshall
P0 Box 147
Chanhassen, MN 55317
Dear Mr. Lifftin,
0c, a7�
Cc
/
I apologise for this being so late but I very much want to thank you for the
tour of the Chanhassen Fire Department on July 28. On behalf of the
families of Early Childhood Family Education who attended this tour, we
thought it was the best. You made us feel so welcomed with your
presentation.
Our program promotes nice experiences through classes and field trips
that help bring families together. It means a lot to us that you would
share your time with us.
Hope we can do this again.
Sincerely,
Kay Boyle
Program Assistant
Dist 112 Early Childhood Family Education
368 -3684
cc: Mr. Scott Harr
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
TO: Scott Harr, Public Safety Director
FROM: Charles Folch, Director of Public Works C �/
DATE: August 16, 1995
SUBJ: Work Zone Traffic Enforcement on Trunk Highway 5 at Galpin Boulevard
Dear Scott:
I wish to thank you and the members of the Special Traffic Enforcement Team who took part
in the special work zone traffic patrol operation on Trunk Highway 5 at the intersection of Galpin
Boulevard. Without question, their presence made a significant impact on motorists' compliance
with the construction work zone speed reduction on Trunk Highway 5. You and I both know
how dangerous this intersection was even before introducing construction operations. I am
confident that the enforcement operation also provided an additional level of safety in a very tight
construction work zone on a highway that carries more than 30,000 cars per day. Please extend
my sincere appreciation to all of those involved.
ems
c: Don Ashworth, City Manager
Project No. 93 -26A -1
MEMORANDUM
' 10:0 8 AUG 14 1995 ID: CAMPBELL KNUTSON TEL N0: 612- 452 -5550 #0122 PAGE: 1:'
From:
Thomas M. Scott
' Fax #: 612 - 452 -5550
Phone: 612- 452 -5000
Pages: 7
' Message:
You had requested an outline of special election procedures
in connection with the upcoming park bond referendum.
Enclosed is Memo of Andrea Poehler of our office.
Please call if you have any questions.
' This fax was sent using Castelle`s FaxPress network fax server.
'
Fax Cover Sheet'
Please Deliver to:
'
Don Ashworth
Fax #: 937 -5739
Company: CITY OF CHANHASSEN
From:
Thomas M. Scott
' Fax #: 612 - 452 -5550
Phone: 612- 452 -5000
Pages: 7
' Message:
You had requested an outline of special election procedures
in connection with the upcoming park bond referendum.
Enclosed is Memo of Andrea Poehler of our office.
Please call if you have any questions.
' This fax was sent using Castelle`s FaxPress network fax server.
10 :09 AUG 14, 1995 ID: CAMPBELL KNUTSON TEL NO: 612- 452 -5550 #0122 PAGE: 2/7
MEMORANDUM
TO: Tom
FROM: Andrea
DATE: 8/11/95
RE: Chanhassen/Special Election Procedure
Special Election on Questions Procedures
A. Procedures Specific to Special Elections - Minn. Stat. § 205.16
1. General
The law allows special elections only on questions which the council may submit to
the voters. Statutory cities must find specific authorization for a special election in state law.
The council may call for a special election in one of two methods:
a. The council may, by a majority vote of a quorum, pass a resolution calling for
a special election.
b. The council must order a special election if it receives a petition requesting
such.
Only the council may set the date for a special election. It may not use this
prerogative to postpone a special election by refusing to set a date or by setting a date too far
in the future. Special elections may take place on any day except Sunday, a legal holiday, or
the second Tuesday in December. Minn. Stat. § 205. 10, subd. 3.
Special elections must be preceded by 2 weeks published notice; 10 days posted notice
is optional. Both notices must clearly state the question. A question is carried only with the
majority in its favor required by law.
10:10 RUG 14, 1595 ID: CAMPBELL KNUTSON TEL NO: 612- 452 -5550 #01122 PRGE: S %`
The City must follow all other requirements for the city general election. The
' election judges who served at the last election may serve for the special election.
2. By Mail - Minn. Stat. § 204B.46
The city may apply to the county auditor for approval of an election by mail no
polling place other than the office of the auditor or clerk. No more than 2 questions may be
' voted on. Notice must be given at least 6 weeks prior to the election. The auditor must
' mail ballot by nonforwardable mail to all voters registered in the city no earlier than 20 or
later than 18 days prior to the election. Minn. Stat. § 204B.46.
B. General Election Procedures
' 1. Time
City councils cannot hold any meetings between 6 p.m. and 8 p.m. on the day of any
election within their boundaries. Minn. Stat. § 204C.03, subd. 1. Nor can they hold
' meetings after 6 p.m. on the day of a political party precinct caucus. Minn. Stat.. § 202A.19,
' subd. 1.
2. Polling Place
' a. Designation
' City Councils and other local governing bodies such as school districts must make
their public facilities available for holding city elections. A local government may not
charge more than the lowest amount it charges any other group.
The City Council, by resolution, designates polling places for each precinct. The
council should do this at least 30 days before the election. Polling places must be designated
and ballots must be distributed so that no one is required to go to more than one polling
1:1
10:11 AUG 14, 1995 ID: CAMPBELL KNUTSON TEL NO: 612- 452 -5550
#0122 PAGE: 4.'
place to vote in a school district and municipal election held on the same day. Minn. Stat. §
20413.16, subd. 1.
b. Location
The polling place for the precinct in a city located in whole or in part in the
metropolitan area shall be located within the boundaries of the precinct or within 3,000 feet
of one of those boundaries unless a single polling place is designated as provided below.
Minn. Stat. § 204B.16, subd. 1.
In the alternative, the City Council for a city with less than a population of 20,000
(city of the third or fourth class) with more than one precinct or of any city with territory in
more than one county may be ordinance or resolution designate a single, accessible, centrally
located polling place where all the voters of the city shall cast their ballots. Minn. Stat. §
204B.16, subd. 2. A single board of election judges may be appointed to serve at this
polling place. The number of election judges appointed shall be determined by considering
t11e number of voters in the entire city as if they were voters in a single precinct. Separate
ballot boxed shall be provided and separate returns made for each precinct in the City.
Minn. Stat. § 204B.16, subd. 2.
Once designated, the polling places remain the same for all future elections until the
council, by resolution, changes them. Minn. Stat. § 204B.16, subd. 3.
c. Requirements
Polling places:
1) may not be located in any place that sells liquor or beer;
2) must be accessible to handicapped and elderly:
a) one set of doors entering or leaving must have minimum width
of 31 inches
' 10:12 AUG 14, 1595 ID: CAMPBELL KNUTSON TEL N0: 612- 452 -5550 #0122 PAGE: 5/7
b) main entrances and accessible entrance must have curb cuts or
temporary. ramps;
c) signs at main entrance directing to accessible entrance;
' d) if stairs are necessary to enter or leave polling place, then at
least one set of stairs must have temporary handrail and ramp;
e) no barriers impeding pathway;
' f) at least one handicapped parking space near the designated
accessible entrance;
' g) sufficient in size to accommodate all election activities; and
' h) one accessible voting booth (Minn. Stat.. § 204B.18, subd. 1)
Minn. Stat. § 204B.16, subds. 4 -7.
' 3. Notice
City clerk shall:
a) publish a sample ballot in the official newspaper of the city at least one
' week before the election. Minn. Stat. § 205.16, subd. 2.
b) post a sample ballot in the clerk's office for public inspection at least
' four days before election, and post a sample ballot in each polling place
on day of election. Minn. Stat. § 205.16, subd. 3.
' c) provide written notice of election to county auditor at Ieast 45 days
prior to every municipal election, including the date of the election and
the question to be voted on. Minn. Stat. § 205.16, subd. 4.
4. Equipment
' The City Cleric shall supply, at city expense, all necessary election equipment and
' supplies. Each polling place must contain a number of voting booths in proportion to the
number of individuals eligible to vote in the precinct. Each precinct should receive all
' necessary supplies. Two or more precincts may share some physical equipment such as
10 :13 AUG 14, 1595 ID: CAMPBELL KNUTSON TEL N0: 612 - 452 -5550 40122 PAGE: 6:'
voting booths and a flag when all voting takes place in a single polling place. Necessary
equipment includes:
a) Equipment for the polling place: flag, tables, chairs for the election officials,
voting booths, voting machines if the precinct uses them, curtains for the
voting booths, and cards bearing instructions to the voters;
b) Equipment for the voting booth: instructions to voters, indelible pencils, a
shelf for writing purposes, proper lighting, and any other equipment necessary
to facilitate the task of filling in ballots; and
c) Equipment for conducting the election: ballots, ballot boxes, permanent
registration files, summary statement blanks, evidence tape for sealing, heavy
envelopes for returning the counted ballots, and envelopes for the return of
uncounted, defective, and unused ballots.
Minn. Stat. § 204B.18, subd. 1.
5. Ballots
City clerk must prepare the ballots. City must pay cost of printing ballots, whether
paper or voting machine ballots. All proposition for the issuance of bonds submitted to
voters at an election shall be printed on one separate blue ballot and shall be printed and
distributed under the direction of the city clerk at the same time and in the same manner as
other municipal ballots. Sample ballots may not be printed in same color as official ballot.
Minn. Stat. § 204B.42. The ballots, when voted shall be deposited in a separate blue ballot
box provided by the local authorities for each polling precinct and shall be canvassed,
counted, and returned int he same manner as other municipal ballots. Minn. Stat. § 205.17.
The number of ballots must be sufficient to fill applications of absentee voters and to provide
each precinct with a sufficient number of ballots.
Question form: ballot shall include a concise statement of the nature of the question.
The words "YES" and "NO" shall be printed to the left of this statement, with a square to
1�
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10:14 AUG 14 1995, ID: CAMPBELL KNUTSON TEL NO: 612- 452 -5550 #1122 PAGE: 7/
the left of each word so that the voter may indicate by a mark (X) either a negative or
affirmative vote. The ballot shall include instructions directing the voter to put an (X) in the
' square before the word "YES" if the voter desires to bote for the question, or to put an (X)
before the work "NO" if the voter desires to vote against the question. Minn. Stat. §
' 204B.36 subd. 3.
' 6. Time
The council may open the polls at any time during the day, but in no event may they
be open less than three hours. The polls must be open between 5:00 p.m. and 8:00 p.m.
Polls must open no later than 10:00 a.m. and close no earlier than 8:00 p.m. The time
1 during which polls are open must be fixed by a resolution the council passes at least 10 days
before the election. Said resolution re: time will remain in effect until revoked. Cities shall
' certify their election hours to the county auditor upon adoption of the resolution giving notice
' of the election. Minn. Stat. § 205.175, subd. 1.
CITY OF
CHANHASSEN
690 COULTER DRIVE • P.O. BOX 147 • CHANHASSEN, MINNESOTA 55317
(612) 937 -1900 • FAX (612) 937 -5739
August 15, 1995
Ms. Sherry Maloney
7211 Frontier Trail
Chanhassen, MN 55317
Dear Ms. Maloney:
Thank you for your application to serve on the ISD 112 Youth Commission. I
anticipate the city council will make an appointment at their August 28 meeting.
I will contact you again when I have more information.
Again, thank you for your interest in serving Chanhassen's youth.
Sincerely,
- � �c �Z5: � - ��� � �
Todd Hoffman, CLP
Park & Recreation Director
TH:k
c: Mayor and City Council
C�
' SOUTHWEST METRO TRANSIT COMMISSION
ARTICULATOR
VOLUME2, NO.4 Aug 10, 19
' RIDER APPRECIATION WEEK SET National personnel were at the Scenic Heights bus
FOR AUGUST 14 - 19 garage at 3:00 a.m. Buses, drivers, mechanics, trainers,
and supervisors had been prepared for the big day.
Working with our marketing consultant, Staff has
prepared a series of events and activities to celebrate
Rider Appreciation Week. Staff has:
Personally delivered notices to passengers on all
Express and Dial- A- Ride/Tele -bus routes
Placed special notice in the three local newspapers
about the activities
Placed banners at each of the park and ride lots
thanking passengers for riding with SMTC
We will also be providing passengers with:
• Reduced rates - -only 500 -- during the entire week
• A "goody bag" filled with items from local
businesses, including pens, magnets, coupons for
' restaurants, and, of course, our fortune cookies.
• One out of six fortune cookies contains a coupon for
a free prize, like an SMTC T -shirt, mug, or other item.
' Both of our service providers, National and MCTO, have
been very cooperative in these efforts with us. It couldn't
be done without their help.
VISIT FROM METRO COUNCIL
REPRESENTATIVE SET FOR
SEPTEMBER 27th
' Staff has been in touch with our District #4 Metropolitan
Council Representative, Jules Smith, regarding his
attendance at our September meeting. He is able to
meet with us on Wednesday, September 27th. Staff will
take the steps necessary to reschedule our meeting to
that date - -MARK YOUR CALENDARS NOW!
' NATIONAL /MCTO/SMTC
MANAGE PHASE I TRANSITION
SMOOTHLY
' On the morning of July 31 st, the tension was high. Not
only was this the first day of a new driver "'pick" (where
drivers choose new routes based on their union
contract) for the MCTO, but for SMTC, it was the first day
' of our transition to our own buses from the MCTO,
MCTO street supervisors were ready to meet the new
drivers on their routes. They, too, had prepared for this
transition over the last several weeks. And SMTC Staff
were stationed at the park and ride lots at 5:30 a.m. in
case of a problem.
With all this team -work, there was not one problem to
report. Everything went very well and, as was the goal
from the beginning, the switch appeared seamless to our
passengers. We were all very pleased!
Passengers and drivers were excited about the new
buses. Staff received many positive comments,
particularly about the new buses and the use of smaller
buses for the shuttle routes and connections.
Passengers perceived new efficiencies of service by the
fact that we used the smaller buses for these shorter,
less populated, routes. They were right!
Kudos go to all National personnel who put in the long
hours to make sure it happened smoothly. Brent , Kathy,
all the drivers, Patty and Jay in dispatch, all the order
takers, and Norm the mechanic were terrific!
A special thanks goes to Pat Brown of the MCTO, the
street supervisor assigned to our routes. Without him
working with us, the transition could not have taken
place. He's the best!
Based on the performance for Phase I, Phase II should
be a snap.
ALL -STAR MECHANIC RECEIVES
HIGHEST RATING
Everyone has a story about Norm, but here's one we
know is true and we are happy to tell: Norm Schmelzer,
the mechanic for National who is assigned to our account
and is stationed at the Scenic Heights garage has
recently received his ASE rating as a mechanic. This is
no easy feat - -he was the only person taking the test who
passed. _
Congratulations to Norm! We're glad to have him
assigned to our garage!
0
EXECUTIVE DIRECTOR "STARS"
ON LOCAL TV
Diane Harberts, Executive Director, was contacted late
on Monday, August 7th about her willingness to
participate in a discussion about the future of transit in
the Metro Region on public television that evening!
In recognition of their everyday and extraordinary efforts,
SMTC staff has organized a THANK YOU
BARBECUE for Tuesday, September 12th, from 3:30
p.m. to 8:00 p.m., at the Scenic Heights garage, just east
of Eden Prairie Road (County Road #4).
If you plan to attend, please contact Tom at 934 -7928
Recognition by Commissioners is always appreciated.
J
She agreed —just a bit reluctantly - -to do so. After all, she
had never appeared on television before! She decided
that this was a unique opportunity to spread a message
to the public about the success of opt -out, or
replacement transit, services, and to let the public know
that even though cutbacks were possible at MCTO, this
would not affect the services provided by suburban
transit authorities.
Diane was part of a group discussion that included
Representative Tom Workman, a champion of suburban
transit, Senator Sandy Pappas of St. Paul, and Jim
Solem, Regional Administrator of the Metropolitan
Council. We have one copy of the program on video
tape in the office. If you missed it and are interested in
viewing the discussion, please contact Tom at 934-
7928.
PASSENGER TRANSPORT
SOLICITS ARTICLE FOR NEXT
EDITION OF APTA MAGAZINE
SMTC has been asked to prepare an article for
publication in the next edition of the Passenger
Transport magazine for its Annual Meeting Edition of
the magazine to be published in September.
Kate will be working with our marketing consultant, KMT
Communications, to prepare an article for the publication.
Some possible topics include the transit hub, meeting
customer service needs in transit, emerging
technologies in transit, and reengineering transit for the
future.
RECOGNITION EVENT SET FOR
TUESDAY, SEPTEMBER 12th
When it comes to service, the office staff is not the only
group of people serving the customers of Chanhassen,
Chaska, and Eden Prairie. Service is provided by order
takers, dispatchers, drivers, and other supervisory staff
from National School Bus. This year, in particular, this
group has helped SMTC through some very challenging
transitions, including new buses, new routes, and a new
garage. Without the support, talent, and commitment of
each of these folks, our customers would not be
receiving the quality of service we like to provide.
TRANSIT HUB UPDATE
You will probably see activity on the hub site over the
next few months. It's not us - -yet. MnDOT contractors
are on the property for purposes of reconstruction and
relocation of Technology Drive. The work should be
completed by late Fall, 1995. A detailed update will be
provided at the Commission meeting in August. Mean-
while, other things going on include:
• Staff and consultants from LSA Design have been
working on the interior space for the hub
• The location for the transit hub building has been
finalized. Now LSA Design can begin preparation of
site plan documents.
• The surcharging for the property is in the hands of
the engineers. Plans are being prepared for formal
review by the City of Eden Prairie and by MnC
• Surveys have been prepared for the public.
Chanhassen has volunteered to run the surveys in
the next community newsletter. Other surveys will
be prepared for targeted groups including:
• Seniors
• Riders
• Businesses
• Occupants of the building (staff, bus drivers,
dispatchers, order takers, etc.)
C
I I
Most of the questions are focused on what types of uses ,
and services people would like to see at the hub.
This project has been coordinated by our intern, John '
Kragness. Since he has special graduate -level training in
the preparation and analysis of surveys, we thought we
would put those skills to good use on this project. '
reWx
=le = = =e
Ride Southwest Metro ,
r,
I
Standard & Poor's Ratings Services,
A Division of The McGraw -Hill Companies, Inc.
Public Finance Department
25 Broadway
New York, New York 10004 -1064
Richard P. Larkin
Managing Director
Telephone 212/208 -1767
Reference No.: 916963
Mr. Donald Ashworth
City Manager
City of Chanhassen
' 690 Soulter Drive
P.O. Box 147
Chanhassen, MN 55317
August 7, 1995
-'Ac //, — A4. 1i
' Re: .b4,130, 000 Carver County Housing and Redevelopment Authority, Minnesota,
Unlimited Tax General Obligation Bonds (Chanhassen Apartments Project), Series
1995B, dated. June 1, 1995
Dear Mr. Ashworth:
' Pursuant to your request for a Standard & Poor's rating on the above debt obligations, we have
reviewed the information furnished to us and, subject to the terms and conditions of the
MEMORANDUM OF AGREEMENT on the reverse side hereof, have assigned a rating of `A -' to
' the obligations. S &P views the outlook for this rating over the intermediate to longer term as
stable.
' Please note that the information referred to in the third paragraph of the MEMORANDUM OF
AGREEMENT includes annual audits and budgets and, for revenue bond ratings in connection
with construction financing, progress reports, not less often than quarterly, covering the project
' being financed.
S &P relies on the issuer and its counsel, accountants and other experts for the accuracy and
' completeness of the information submitted in connection with the rating. In addition, it should
be understood that the rating is not a "market" rating nor a recommendation to buy, hold or sell
these securities. Please note that the rating, as is the case with all of S &P's municipal ratings,
' does not address the likelihood that interest payable on the Bonds may be deemed or declared
includable in the gross income of Bondholders by the relevant authorities at any time.
0
In the event that you decide to include this rating in an Official Statement, prospectus or other
offering literature, we request that you include S &P's definition of the rating together with a
statement that the rating may be changed, suspended or withdrawn as a result of changes in, or
unavailability of, information.
We are pleased to have been of service to you. Our bill for the analytical work performed will
be sent to you in due course. If you have any questions, please contact us.
Very truly yours,
rte >L =iVED
iz
I cc: Mr. David N. MacGillivray C
Mr. Bradley D. Wirt �`' ``
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MEMORANDUM OF AGREEMENT
RE: MUNICIPAL DEBT CONTRACT RATINGS
Standard & Poor's Corporation (S &P) rates the creditworthiness of specific bonds or debt obligations for a fee upon written request from an issuer, or from
an underwriter, financial consultant, institution or other purchaser, provided that the issuer has knowledge of the request.
The fee is based on the time and effort to determine the rating and accrues upon completion or termination of the rating process and is not contingent upon
the sale of the bonds or debt obligations. The fee is not a payment to circulate, disseminate or publicize the rating. However, S &P has the right to disseminate
the rating to its own customers and subscribers or through its own or other media. Expenses incurred, such as those for meetings outside S &P's offices or
for field trips, are also payable to S &P
The Applicant agrees to provide or otherwise furnish to S &P all pertinent information in a timely manner together with all subsequent material changes
in and additions to such information prior to, at the time of, and subsequent to the assignment of the rating. Failure to furnish information in a timely
manner may result in no rating or withdrawal of the rating. S &P relies on the party submitting such information for its accuracy and completeness and
substantiation thereof.
It is understood that the rating is an evaluation of the information submitted and does not involve an audit by S &P S &P has the right to raise, lower, suspend
or withdraw the rating at any time, in its sole discretion, depending on the information S &P then has, or the lack thereof, or other circumstances, including,
but not limited to, issuance of new bonds or debt obligations by the issuer, all without notice
Neither party may assign this agreement without the consent of the other party.
CORPORATE AND MUNICIPAL DEBT RATING DEFINITIONS
Long -term debt
A Standard & Poor's corporate or municipal debt rating is a current assessment of
the credit worthiness of an obligor with respect to a specific obligation. This assess-
ment may take into consideration obligors such as guarantors, insurers, or lessees.
The debt rating is not a recommendation to purchase, sell, or hold a secu-
rity, inasmuch as it does not comment as to market price or suitability for a
particular investor.
The ratings are based on current information furnished by the issuer or obtained by
S &P from other sources it considers reliable. S &P does not perform an audit in
connection with any rating and may, on occasion, rely on unaudited financial informa-
tion. The ratings may be changed, suspended, or withdrawn as a result of changes in,
or unavailability of, such information, or for other circumstances.
The ratings are based, in varying degrees, on the following considerations:
1, Likelihood of default -- capacity and willingness of the obligor as to the timely
payment of interest and repayment of principal in accordance with the terms of
the obligation;
2. Nature of and provisions of the obligation,
3. Protection afforded by, and relative position of, the obligation in the event of
bankruptcy, reorganization, or other arrangement under the laws of bankruptcy
and other laws affecting creditor's rights.
AAA Debt rated 'AAA' has the highest rating assigned by Standard & Poor's.
Capacity to pay interest and repay principal is extremely strong
AA Debt rated'AA' has a very strong capacity to pay interest and repay principal
and differs from the highest rated issues only in small degree.
A Debt rated 'A' has a strong capacity to pay interest and repay principal
although it is somewhat more susceptible to the adverse effects of changes
in circumstances and economic conditions than debt in higher rated categories.
BBB Debt rated 'BBB' is regarded as having an adequate capacity to pay interest
and repay principal. Whereas it normally exhibits adequate protection param-
eters, adverse economic conditions or changing circumstances are more
likely to lead to a weakened capacity to pay interest and repay principal for
debt in this category than in higher rated categories.
Speculative grade rating definitions
Debt rated 'BB; 'B, 'CCC; 'CC, and 'C' is regarded as having predominantly
speculative characteristics with respect to capacity to pay interest and repay principal.
'BB' indicates the least degree of speculation and 'C' the highest. While such debt will
likely have some quality and protective characteristics, these are outweighed by large
uncertainties or major exposures to adverse conditions.
BB Debt rated 'BB' has less near -term vulnerability to default than other specu-
lative issues. However, it faces major ongoing uncertainties or exposure to
adverse business, financial, or economic conditions which could lead to
inadequate capacity to meet timely interest and principal payments.
B Debt rated 'B' has a greater vulnerability to default but currently has the
capacity to meet interest payments and principal repayments. Adverse busi-
ness, financial, or economic conditions will likely impair capacity or willing-
ness to pay interest and repay principal.
The 'B' rating category is also used for debt subordinated to senior debt
that is assigned an actual or implied 'BB' or'BB —' rating.
CCC Debt rated 'CCC' has a currently identifiable vulnerability to default, and is
dependent upon favorable business, financial, and economic conditions to
meet timely payment of interest and repayment of principal. In the event of
adverse business, financial, or economic conditions, it is not likely to have
the capacity to pay interest and repay principal.
The 'CCC' rating category is also used for debt subordinated to senior
debt that is assigned an actual or implied 'B'or 'B —' rating.
CC The rating'CC' is typically applied to debt subordinated to senior debt which
is assigned an actual or implied 'CCC—' debt rating.
C The rating 'C' is typically applied to debt subordinated to senior debt which is
assigned an actual or implied'CCC —' debt rating.
CI The rating 'CI' is reserved for income bonds on which no interest is being paid.
D Debt rated 'D' is in payment default. The 'D' rating category is used when
interest payments or principal payments are not made on the date due even
if the applicable grace period has not expired, unless S &P believes that such
payments will be made during such grace period. The 'D' rating also will
be used upon the filing of a bankruptcy petition if debt service payments
are jeopardized.
Plus ( +) or Minus ( –): The ratings from 'AA' to 'CCC' may be modified by the
addition of a plus or minus to show relative standing within the major rating categories.
Provisional Ratings: The letter p" indicates that the rating is provisional.
A provisional rating assumes the successful completion of the project being
financed by the debt being rated and indicates that payment of debt service
requirements is largely or entirely dependent upon the successful and timely
completion of the project. This rating, however, while addressing credit qual-
ity subsequent to completion of the project, makes no comment on the
likelihood of, or the risk of default upon failure of, such completion. The
investor should exercise judgment with respect to such likelihood and risk.
L The letter 'L' indicates that the rating pertains to the principal amount of
those bonds to the extent that the underlying deposit collateral is insured by
the Federal Savings & Loan Insurance Corp. or the Federal Deposit Insur-
ance Corp. and interest is adequately collateralized. In the case of certifi-
cates of deposit the letter'L' indicates that the deposit, combined with other
deposits being held in the same right and capacity will be honored for
principal and accrued pre - default interest up to the federal insurance limits
within 30 days after closing of the insured institution or, in the event that the
deposit is assumed by a successor insured institution, upon maturity.
Continuance of the rating is contingent upon S &P's receipt of an executed
copy of the escrow agreement or closing documentation confirming invest-
ments and cash flow.
Municipal Notes
A Standard & Poor's note rating reflects the liquidity concerns and market access
risks unique to notes. Notes due in 3 years or less will likely receive a note rating.
Notes maturing beyond 3 years will most likely receive a long -term debt rating. The
following criteria will be used in making that assessment:
— Amortization schedule (the larger the final maturity relative to other maturities the
more likely it will be treated as a note).
— Source of payment (the more dependent the issue is on the market for its refinanc-
ing, the more likely it will be treated as a note).
Note rating symbols are as follows:
SP -1 Very strong or strong capacity to pay principal and interest. Those issues
determined to possess overwhelming safety characteristics will be given a
plus ( +) designation.
SP -2 Satisfactory capacity to pay principal and interest.
SP -3 Speculative capacity to pay principal and interest.
Dual Ratings
Standard & Poor's assigns "dual" ratings to all debt issues that have as part of their
structure a put option or demand feature.
The first rating addresses the likelihood of repayment of principal and interest as
due, and the second rating addresses only the demand feature. The long -term debt
rating symbols are used for bonds to denote the long -term maturity and the commer-
cial paper rating symbols for the put option (for example, 'AAA/A -1 +'). With short -
term demand debt, the note rating symbol is used with the commercial paper rating
(for example,'SP -1 + /A -1 +').
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' Office of
' County Sheriff
Carver County Courthouse
600 East 4th Street, Box 9
CARVER Chaska Minnesota 55318 -2190
COUNTY
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August 23, 1995
Mr. Scott Harr
Public Safety Director
Chanhassen City Hall
690 Coulter Drive
Chanhassen, Mn. 55317
Dear Scott,
This is a letter of appreciation to thank you and advise you of the
fact that two of your employees donated time to the Carver County
Sheriff's Department during the Carver County Fair. These were
employees Sheila Losby, who worked on Sunday, 08- 13 -95, and Beth
Hoiseth, who worked on Friday, 08-11-95.
Both women were professional and their assistance was greatly -
appreciated by the Carver County Sheriff's Department.
Sincerely,
Al Wallin
Sheriff of Carver County r 4 al
by:
' Larry Wittsack 826
Sergeant Carver County Sheriff's Department
cc: Sheila Losby
Beth Hoiseth
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I Afnnative ActionlEgircrl Opportunity Employer
Printed on 10% Post - Consumer Recycled Paper
Allen J. `'Wallin
Sheriff
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Emergency: 911
Sheriff Admin.: (612) 361 -1212
Dispatch Non- Emergency
(612) 361 -1231
Toll Free. 1 -800 -487 -5730
This is a letter of appreciation to thank you and advise you of the
fact that two of your employees donated time to the Carver County
Sheriff's Department during the Carver County Fair. These were
employees Sheila Losby, who worked on Sunday, 08- 13 -95, and Beth
Hoiseth, who worked on Friday, 08-11-95.
Both women were professional and their assistance was greatly -
appreciated by the Carver County Sheriff's Department.
Sincerely,
Al Wallin
Sheriff of Carver County r 4 al
by:
' Larry Wittsack 826
Sergeant Carver County Sheriff's Department
cc: Sheila Losby
Beth Hoiseth
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I Afnnative ActionlEgircrl Opportunity Employer
Printed on 10% Post - Consumer Recycled Paper
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