D-5a-C. Highway 101 Improvements, Pioneer Trail to Flying Cloud Drive: b- 5a.- -e.
,...................
CITY OF MEMORANDUM
CHANH"' SEN TO. Todd Gerhardt, City Manager
7700 Market Boulevard .
PO Box 147 FROM. Paul Oehme, Director of Public Works/City Engineer
Chanhassen,MN 55317
DATE: May 11, 2015 0.@
Administration
Phone 952 2271100 SUBJ• Highway 101 Improvement (Flying Cloud Dnve to Pioneer Trail)
Fax 952 2271110 Project No. 14-08. Approve Acquisition of Property at 675 Lakota
Building Inspections Lane
Phone 952 2271180
Fax 952 2271190
PROPOSED MOTION
Engineering
Phone 952 2271160
Fax 952 2271170 "The City Council approves an Agreement with MnDOT for Right-of-Way
Acquisition, a Joint Powers Agreement with Carver County, and a Purchase
Finance Agreement with Property Owner, Andrea Carty"
Phone 952 2271140
Fax 952 2271110 City Council approval requires a simple/super majonty vote of the City
Council present.
Park&Recreation
Phone 952 2271120
Fax 952 2271110
BACKGROUND
Recreation Center
2310 Coulter Boulevard The City of Chanhassen in partnership with Carver County and MnDOT is leading an
Phone 952 2271400
Fax 952 2271404 environmental study and preliminary engineering for Highway 101 from Pioneer
Trail to Flying Cloud Dnve. This segment of Highway 101 is the last remaining
Planning& unimproved section of the Highway 101 comdor between TH 5 and the City of
Natural Resources Shakopee. Highway 101, which is
Phone 952 2271130
still under the junsdiction of the t' , Ati '¢
Fax 952 2271110 �'""
TX 101 Im ov.m.nts
State, has never been reconstructed to r t. s n
Public Works modern standards and has significant Fi°^c'erTraa
7901 Park Place alignment, vertical grade and - ,,, �,.. .
Phone 952 2271300 drainage issues that need attention r r
Fax 952 2271310 The study will determine the
estimated cost of the proposed •Qin Project Location
Senior Center improvements including land c�°4o,.- •
Phone 952 2271125 ,1+ ��
acquisition and construction costs in - 1 '.. ouao
Fax 952 2271110 4 •
order to ready the roadway for future
Website funding opportunities. Once the Q =1 River Crossing/ RIC
www ci chanhassen mn us roadway has been reconstructed or 61
programmed (funded) for ,
101'
reconstruction, it will be transferred Tt,1o1 Rim tr.ssi
to Carver County as CSAH 101 1 `�""r'��M"`ng/
i
Chanhassen is a Community for Life-Providing for Today and Planning for Tomorrow
Todd Gerhardt
Highway 101 Improvement
Proposed Property Acquisition
May 11,2015
Page 2
The project team is reviewing four alternative alignments for this corridor. All four alternatives will
necessitate the purchase of the property at 675 Lakota Lane for roadway improvements. The
property owner, Andrea Carty, desires to sell the property at this time but due to the pending
roadway project, has not been able to sell it MnDOT, Carver County and the City all have worked
on finding a solution for Ms Carty MnDOT and Carver County have both agreed to split the cost to
purchase of the property equally between the three agencies The City hired an appraiser for
determining the property value The appraisal and the closing criteria have followed the federal
property acquisition guidelines. The property owner has accepted the purchase price and wishes to
close on the property as soon as possible
The terms of the agreement also includes Ms. Carty renting the property back to the City with a one
year lease The rental fee is for $1,200/month. If a roadway construction project is not programmed
after one year, Ms Carty will have the option to stay longer Staff feels this is a good option since
the property will not be vacant.
The City's share of the purchase would be $208,000 This cost includes splitting the attorney's fees,
appraisal, and all closing costs between the three agencies. The City's attorney's office would
complete the closing on the property and the property title would be in the City of Chanhassen's
name Once Highway 101 is upgraded,this property would go to Carver County road right-of-way
Attachments.. 1 Property Card
2. Agreements
3 Property Appraisal Summary Pages
4 CIP Page
g\eng\public\_2014 projects\14 08 th101 -pioneer trail to csah 61\council backgrounds presentations\bkgd cc 051115 rw purchase doe
Property Card Parcel ID Number 250362300
41111.1111
-
Lakotaln _
Taxpayer Information L1 ir _ I,
,�
Taxpayer Name - +
ANDREA S CARTY i .+ 1
Mailing Address ::...._,,::1"..4,- ..01.- _
675 LAKOTA LN ., ,
101 '
CHASKA, MN 55318-9455 �" � e :
.ite,i.
9 hi . ,.i,.
Property Address a , x r.
. Atf.' '-#4"
f II
. .
Address 4
675 LAKOTA LN 41
• BLUFF4.0110111
PARK I
City _'
CHASKA, MN 55318 : �,� -x t
Parcel Information
Uses Res 1 unit GIS Acres 7.42
Deeded Acres 8 32
Plat
Lot
Block
Tax Description
Building Information
Building Style TRI-LEVEL Above Grade 2030 Bedrooms 3
Finished Sq Ft
Year Built 1956 Garage Y Bathrooms 1 75
Miscellaneous Information
School District Watershed District Homestead Green Acres Ag Preserve
0112 WS 060 LOWER MN RIVER Y N N
Assessor Information
Estimated Market Value 2014 Values 2015 Values
(Payable 2015) (Payable 2016) Last Sale
Land $239,500 00 $252,800 00 Date of Sale 11/03/2005
Building $257,400 00 $261,600 00 Sale Value $594,900 00
Total $496,900 00 $514,400 00
The data provided herewith is for reference purposes only.This data is not suitable for legal engineering surveying or other similar purposes Carver County does not guarantee the accuracy of the
information contained herein This data is furnished on an as is basis and Carver County makes no representations or warranties either expressed or implied for the merchantability or fitness of the
fa' ,f information provided for any purpose This disclaimer is provided pursuant to Minnesota Statutes§466.03 and the user of the data
-rr---- provided herein acknowledges that Carver County shall not be liable for any damages,and by using this data in any way expressly waives all claims and agrees to defend,indemnify,and hold
' harmless Carver County,its officials,officers,agents,employees,etc from any and all claims brought by anyone who uses the information provided for herein,its employees or agents,or
CARVER third parties which arise out of user's access.By acceptance of this data the user agrees not to transmit this data or provide access to it or any part of it to another party unless the user includes
COUNTY with the data a copy of this disclaimer
Tuesday, May 05, 2015 Carver County, MN
MnDOT Agreement No 1000107 Work Order 01
X the appropriate line
Payable by State X
Receivable by State
STATE OF MINNESOTA
WORK ORDER UNDER
MASTER PARTNERSHIP CONTRACT
State Project(SP): 1009-26 Trunk Highway(TH): 101
Project Identification: MnDOT to reimburse City of Chanhassen for Right of Way expenses.
This Work Order Contract is issued under the authority of State of Minnesota, Department of Transportation
(MnDOT)Master Partnership Contract No 1000107 between the state of Minnesota acting through its
Commissioner of Transportation("State") and The City of Chanhassen,a political subdivision of the State of
Minnesota("Local Government")and is subject to all applicable provisions and covenants of that Agreement
which are incorporated herein by reference
Work Order Contract
Article 1 Term of Work Order Contract; Incorporation of Exhibits:
1 1 Effective date• This Work Order Contract will be effective on the date that all required signatures
are obtained by State,pursuant to Minnesota Statutes Section 16C 05, subdivision
2 The Providing Agency must not begin work under this Contract until ALL
required signatures have been obtained and the Providing Agency has been notified
in writing to begin such work by the Requesting Agency's Authorized
Representative
1 2 Expiration date This Work Order Contract will expire on December 31, 2015,or when all
obligations have been satisfactorily fulfilled, whichever occurs first
1 3 Exhibits Exhibits A through C are attached and incorporated into this Work Order Contract
Article 2 Nature of Work, Requesting and Providing Party.
2 1 X the blanks below to indicate the nature of the work to be performed See Article 3 Services
Requiring a Work Order Contract, of the Master Partnership Contract for applicable definitions.
Construction Administration
Emergency Services
X Professional/Technical Services
Roadway Maintenance
2 2 X the blanks below to indicate which party is the"Requesting Party"and which party is the
"Providing Party"
2 2 1 The Requesting Party is X State Local Government
2 2.2 The Providing Party is. State X Local Government
Article 3 Scope of Work.
3 1 The Providing Party will perform services under this Work Order summarized generally as follows:
MnDOT will pay City of Chanhassen a lump sum of$208,000 00 as full compensation for MnDOT's
portion of the cost to acquire property rights for the city of Chanhassen to preserve right of way for
the future alignment of TH 101 The parcel being acquired, 675 Lakota Lane, Chanhassen,MN 55318
as shown on Exhibit B
Page 1 of 4
CM General Work Order Under a Master Partnership(Rev 04/05/13)
MnDOT Agreement No 1000107 Work Order 01
3 2 The Providing Party will perform work in accordance with the"Standard Terms"contained in Exhibit
A.
3 3 For a detailed description of work see Exhibit B and Article 4 `Deliverables by the Local Government
Article 4 Deliverables by the Providing Party:
4 1 Deliverables are the work products created or supplied by the Providing Party pursuant to the terms of
this Work Order. The detailed summary of the deliverables for this work order are as follows
Deliverable Description Due Date
Lump sum payment to MnDOT's share of Right of Upon receipt of invoice from
Chanhassen for Right of Way Way for 675 Lakota Lane, Local Government.
costs attributable to MnDOT Chanhassen,MN which will
preserve the Right of Way
needed for the future alignment
of TH 101
Article 5 Items provided or completed by the Requesting Party
5 1 The following will be provided or completed by the Requesting Party.None.
Article 6 Consideration of Payment:
6 1 The Requesting Party will pay for all services performed by the Providing Party on a Lump Sum
basis
6 2 The Providing Party will submit invoices for payment in accordance with the following schedule
One time payment
6 3 The Requesting Party's total obligation for all compensation and reimbursements to the Providing
Party is $208,000 00
Article 7 Terms of Payment.
7 1 The Requesting Party will pay the Providing Party upon receipt of invoice and acceptance by the
Providing Party's Project Manager
7 2 The Providing Party will submit signed invoices,and the signature will attest that the services have
actually been performed,and that the claimed amounts have not been previously claimed or paid The
Providing Party will use the format set forth in Exhibit C entitled"Invoice"when submitting
Invoices
Article 8 Local Government's Project Manager:
8 1 The Local Government's Project Manager for this Work Order is
Name Paul Oehme
Title Director of Public Works/City Engineer
Name of Local Government City of Chanhassen
Street Address PO Bo 147, 7700 Market Blvd
City, State Zip Chanhassen,MN 55317
Phone: 952-227-1169
Email Address poehme@ci chanhassen mn us
Page 2 of 4
CM General Work Order Under a Master Partnership(Rev 04/05/13)
MnDOT Agreement No 1000107 Work Order 01
8 2 The Local Government 's Project Manager for this Work Order is responsible for overseeing the
Local Government's fulfillment of its obligations under this Work Order,reviewing and approving
invoices,resolving disputes related to this Work Order,and for giving or receiving any notices
required or permitted by this Work Order
Article 9 State's Prosect Manager:
9 1 The State's Project Manager,for this Work Order is
Name Molly Kline
Title South Area Support Engineer
Name of Local Government MnDOT Metro District
Street Address 1500 County Road B2
City, State Zip Roseville,MN 55113
Phone: 651-234-7723
Email Address molly kline@state.mn.us
9 2 The State's Project Manager is responsible for overseeing the State's fulfillment of its obligations
under this Work Order,reviewing and approving invoices,resolving disputes related to this Work
Order,and for giving or receiving any notices required or permitted by this Work Order.
Article 10 Termination.
10 1 Termination by the State or Local Government The Local Government,the State or the
Commissioner of Administration may cancel this Work Order at any time,with or without cause,
upon 30 days' written notice to the other Party Upon termination,the Providing party will be entitled
to payment,determined on a pro rata basis,for services satisfactorily performed
10 2 Termination for Insufficient Funding If the State is the Requesting Party,The State may immediately
terminate this Work Order if it does not obtain funding from the Minnesota Legislature,or other
funding source; or if funding cannot be continued at a level sufficient to allow for the payment of the
services covered here Termination must be by written or fax notice to the Local Government The
State is not obligated to pay for any services that are provided after notice and effective date of
termination However,the Local Government will be entitled to payment,determined on a pro rata
basis,for services satisfactorily performed to the extent that funds are available The State will not be
assessed any penalty if the Work Order is terminated because of the decision of the Minnesota
Legislature,or other funding source,not to appropriate funds The State must provide the Local
Government notice of the lack of funding within a reasonable time of the State's receiving that notice
Article 11 Additional Provisions
NONE
[THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Page 3 of 4
CM General Work Order Under a Master Partnership(Rev 04/05/13)
MnDOT Agreement No 1000107 Work Order 01
LOCAL GOVERNMENT COMMISSIONER OF TRANSPORTATION
The local Government certifies that the appropriate person(s)have
executed the contract on behalf of the Local Government as required
by applicable articles,bylaws,resolutions or ordinances
By By
Title. Title District Engineer
Date Date
STATE ENCUMBRANCE VERIFICATION COMMISSIONER OF ADMINISTRATION
The individual certifies funds have been encumbered as
required by Minn Stat. 16A.15 and 16C 05
By• By
Date. Title
SWIFT
Contract# Date
SWIFT
PO#
Page 4 of 4
CM General Work Order Under a Master Partnership(Rev 04/05/13)
MnDOT Agreement No 1000107 Work Order 01
EXHIBIT A—STANDARD TERMS
STANDARD TERMS FOR PROFESSIONAL AND TECHNICAL SERVICES
1 The Providing Party will prepare all documents in accordance with Minnesota law,applicable Federal laws
and regulations,and geometric design standards for trunk highway plans as described in the current versions
of MnDOT Manuals,available through the MnDOT State Aid Division or on the MnDOT website,
www dot state mn us
2 The Providing Party will,as applicable in developing plans,include the standard specifications from the latest
edition of MnDOT Standard Specifications for Construction,and all amendments thereto
3 The Providing Party will furnish the personnel,services,supplies,and equipment necessary to properly
perform, supervise,and document the work for the project(s) The services of the Providing Party to be
performed hereunder may not be assigned, sublet,or transferred unless approved in writing by MnDOT This
written consent will in no way relieve the Local Government from its primary responsibility for performance
of the work
[THE BALANCE OF THIS PAGE IS INTENTIONALLY LEFT BLANK.]
Page 1 of 1
CM Exhibit A—Standard Terms under Master Partnership Work Order(Rev 08/03/2012)
MnDO I-Agreement No. 1000107 Work Order No 01
Exhibit B Page 1 of 3
IDENTIFICATION
Address: 675 Lakota Lane
Chanhassen, MN 55318
County PID: 250362300
IN NW1/4 DESC AS COMM AT A PT WHERE W LINE NW1/4 INTERSECTS NLY
R-O-WOF RR,&TH ELY ALONG NLY R-O-W 292'TO INTERSECT WITH ELY R-
Legal: O-W HWY 101 BEING PT OF BEG TH NELY ALONG ELY R-O-W HWY 101
WHOSE COURSE IS ASFOLLOWS DEFL LEFT FROM NLY R-O-W OF RR 70*
45
Fee Owner: Andrea S Carty
Census Tract#: 0907.02
REAL ESTATE TAXES
Taxes,per County Records
Payable 2013 Payable 2014
Tax $7,322 n/a
Tax ratio 1.6% n/a
Special Assessments/Solid Waste Fee/Other $0.00
Total Tax&Assessments: $7,322 n/a
Delinquent taxes: None noted
COUNTY ASSESSOR'S VALUE
Payable 2013 Payable 2014
Land $218,800 $223,000
Building $237,300 $243,600
TOTAL' $456,100 $466,600
$per SF of GBA $224.68 per SF $229 85 per SF
Typical Tax Ratios by Property Type
j Commercial(retail,office, industrial, hotel, other,etc) 1.5%—4 0%
Residential(multi-family,apartment,etc) 0 9%—1 5%
! Single-family dwellings ! 0 8%—1 5%
The appraised value given In this report assumes any/all special assessments, and/or liens are paid in full and that
there are no delinquent taxes, fees, payments, association dues, etc. Should it be found that any of these exist the
amount should be deducted from the appraised value Appraiser did not research these items, typically, a title search
would reveal any of these
6 Nagel!Appraisal&Consulting I 952-544 8966 I www calinagell com
MnDOT Agreement No 1000107 Work Order No: 01
Exhibit B Page 2 of 3
PLAT MAP
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16 Nagell Appraisal&Consulting I 952-544-8966 I www callnagell.com
•
MnDOT Agreement No 1000107 Work Order No• 01 1
Exhibit B Page 3 of 3
AERIAL VIEW
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Nagell Appraisal&Consulting I 952-544-8966 I www.callnagell corn 17
MnDOT Contract No 1000107 WO Ol
Reimbursement of Right of Way Costs
Exhibit C-Invoice
INVOICE NO 1 and FINAL
Invoice Instructions Contractor must
1 Complete this invoice form in its entirety
2 Sign the invoice form
3 Attach supporting documentation,if applicable,and scan the entire invoice package*,in the following order
a Completed,signed Invoice Form
b Supporting Documentation(if applicable)
Note Whenever possible, convert landscape pages to portrait pages and optimize the document to decrease the size
4. E-mail the invoice package,in pdf,to sharon lemay(aigmail.com
MnDOT Contract No 1000107 WO 01 Estimated Completion 100%
Contract Expiration Date December 31,2015
SP Number 1009-25 TH Number: 101 Invoice Date:
Total Total Amount Billed
Contract Billing Previously This
Amount to Date Billed Invoice
1. Lump Sum Amount $208,000 00 $208,000 00
Net Earnings Totals: $
Total Amount Due This Invoice:
I certify that the statements contained on this invoice,and
its supporting documents,are true and accurate and that I
have not knowingly made a false or fraudulent claim,or
used a false or fraudulent record in connection with this
Invoice I understand that this invoice is subject to audit
Local Government
Signature:
Print Name
Title
1 —
(CSS/CM Last Updated 7/19/2013)
JOINT POWERS AGREEMENT FOR RIGHT-OF-WAY PURCHASE AT 675
LAKOTA LANE, CHANHASSEN MINNESOTA FOR THE
FUTURE HIGHWAY 101 IMPROVEMENTS
THIS AGREEMENT IS FOR LAND PURCHASE FOR HIGHWAY 101,
("Agreement") is made and entered into as of the day of , 2015 by and between
the City of Chanhassen ("City"), and the County of Carver ("County") (each sometimes hereinafter
called "party" and both sometimes collectively "parties") the parties being governmental and
political subdivisions of the State of Minnesota.
WHEREAS, Highway 101 (TH 101)is located within the corporate limits of City; and
WHEREAS, TH 101 will be junsdictionally transferred to Carver County when TH 101 is
realigned and improved; and
WHEREAS, m order for TH 101 improvements to be made right-of-way acquisitions need
to take place,and
WHEREAS, the property at 675 Lakota Lane will need to be purchased before TH 101
improvements are made; and
WHEREAS, the owner of 675 Lakota Lane is a willing seller who has approached the City
requesting the purchase of the property, and
WHEREAS, the State of Minnesota, Carver County and the City of Chanhassen are
agreeable to shanng equally the cost of purchasing the property, and
WHEREAS, Carver County and the City of Chanhassen desire to undertake this joint
project involving right-of-way purchase and other incidentals, and to share the costs of such
purchase as herein provided, and
WHERAS, the State of Minnesota will enter into a separate contract with the City of
Chanhassen relating to its contribution to the purchase; and
WHEREAS, the authonty of the parties to enter into this Agreement is provided by
Minnesota Statutes, Section 471 59
NOW, THEREFORE, m consideration of the mutual promises and covenants of each to
the other contained in this Agreement and other good and valuable consideration,receipt of which is
hereby acknowledged, the parties hereto do covenant and agree as follows
180786v7
ARTICLE I
THE AGREEMENT
Section 1.01. Purposes. The purpose of this Agreement is to define the rights and
obligations of the City and the County with respect to the Land Purchase and the sharing of the
costs of the Project
Section 1.02. Cooperation. The City and the County shall cooperate and use their best
efforts to ensure the most expeditious implementation of the various provisions of this Agreement
The parties agree in good faith to undertake resolution of disputes, if any, in an equitable and timely
manner
Section 1.03 Term. The term of this Agreement shall be for a penod commencing on the
date hereof and terminating when the property is purchased, all documentation has been filed and
accepted by the parties and all amounts owed by one party to the other have been paid in full or the
Agreement is termmated as otherwise provided under this Agreement
Section 1.04. Recitals. The above recitals are true and correct as of the date hereof and
constitute a part of this Agreement
Section 1.05. Enabling Authority. Minnesota Statutes, Section 471.59, authonzes two
or more governmental units to jointly exercise any power common to the contracting parties.
ARTICLE II
DEFINITIONS
Section 2.01. Definitions. In this Agreement the following terms shall have the following
meanings unless the context requires otherwise
(a) Agreement: this Agreement, as it may be amended, supplemented, or restated from
time to time.
(b) City: the City of Chanhassen
(c) City Representative: Paul Oehme, Director of Public Works/City Engineer
(d) County: Carver County.
(e) County Representative: Lyndon Robjent,P E , Carver County Engineer
(f) Project: purchase of property at 675 Lakota Lane, Chanhassen Minnesota
(g) Project Costs: all amounts paid to the owners of 675 Lakota Lane relating to the
acquisition of the property, including any relocation benefits or other payments
required by applicable law, closing costs and city attorneys' fees.
Page 12
180786v7
(h) City/County Costs: the direct and indirect costs of City and County employees
performing services on behalf of the Project, and other incidentals
(i) Uncontrollable Circumstances: the occurrence or non-occurrence of acts or events
beyond the reasonable control of the party relying thereon, and not the result of
willful or negligent action or inaction of the party claiming the event as an
Uncontrollable Circumstance, that materially adversely affects the performance of
the party claiming the event as an Uncontrollable Circumstance including but not
limited to the following.
(1) Acts of God, including, but not limited to floods, ice storms, blizzards,
tornadoes, landslides, lighting and earthquakes (but not including reasonably
anticipated weather conditions for the geographic area), riots insurrections,
war or civil disorder affecting the performance of work, blockades,power or
other utility failure, and fires or explosions
(2) The adoption of or change in any federal, state, or local laws, rules,
regulations, ordinances, permits, or licenses, or changes in the interpretation
of such laws, rules,regulations, ordinances,permits,or licenses by a court or
public agency having appropriate jurisdiction after the date of the execution
of this Agreement.
(3) Orders and/or judgment of any federal, state, or local court, administrative
agency, or governmental body, provided, however, that the contesting in
good faith by such party of any such order and/or judgment shall not
constitute or be construed to constitute a willful or negligent action or
inaction of such party.
ARTICLE III
ALLOCATION OF DUTIES
Section 3.01. The City will obtain necessary appraisal(s), negotiate a purchase price, draft
closing documents, complete closing and file all necessary paperwork with the County The fee title
will be in the City of Chanhassen Carver County will review the closmg costs before the closmg
date and will state in writing if the costs are acceptable
ARTICLE IV
PROJECT COST SHARING
Section 4.01. Allocation. The Project Costs shall be divided equally between the City and
County and the State of Minnesota
Page 13
180786v7
Section 4.02. Payments to City. The County shall make full payment to the City of its
one-third share of the Project Costs within thirty (30) days of the City acquiring the property and
invoicing the County. The County's share of the Project Costs shall not exceed$208,000.00
ARTICLE V
GENERAL PROVISIONS
Section 5.01. Notices. All notices or communications required or permitted pursuant to
this Agreement shall be either hand delivered or mailed to City and County, certified mail, return-
receipt requested,at the following address.
City: Paul Oehme
Director of Public Works/City Engineer
City of Chanhassen
P 0 Box 147, 7700 Market Boulevard
Chanhassen,MN 55317
County: Lyndon Robjent,PE
County Engineer
Carver County Public Works
11360 Hwy 212 West, Suite 1
Cologne,MN 55322
Either party may change its address or authorized representative by written notice delivered to the
other party pursuant to this Section 5.01
Section 5 02. Counterparts. This Agreement may be executed in more than one
counterpart, each of which shall be deemed to be an original but all of which taken together shall be
deemed a single instrument
Section 5.03. Non-Assignability. Neither the City nor the County shall assign any interest
in this Agreement nor shall transfer any interest in the same, whether by subcontract, assignment or
novation, without the prior written consent of the other party Such consent shall not be
unreasonably withheld.
Section 5.04. Alteration. It is understood and agreed that the entire Agreement between
the Parties is contained herein and that this Agreement supersedes all oral agreements and
negotiations between the Parties relating to the subject matter hereof All items referred to in this
Agreement are incorporated or attached and are deemed to be part of this Agreement. Any
alteration, variation, modification or waiver of the provisions of the Agreement shall be valid only
after it has been reduced to writing and duly signed by all parties.
Section 5.05. Waiver. The waiver of any of the rights and/or remedies arising under the
terms of this Agreement on any one occasion by any party hereto shall not constitute a waiver or
any rights and/or remedies in respect to any subsequent breach or default of the terms of this
Page 14
180786v7
•
Agreement. The rights and remedies provided or referred to under the terms of this Agreement are
cumulative and not mutually exclusive
Section 5.06. Severability. The provisions of this Agreement are severable. If any
paragraph, section, subdivision, sentence, clause or phrase of this Agreement is for any reason held
to be contrary to law, or contrary to any rule or regulation having the force and effect of law, such
decision shall not affect the remaining portions of this Agreement.
Section 5.07. Interpretation According to Minnesota Law. The Laws of the State of
Minnesota shall apply to this Agreement
Section 5.08. Headings. The headmgs to the various sections of this Agreement are
inserted only for convenience of reference and are not intended, nor shall they be construed, to
modify, define, limit, or expand the intent of the parties as expressed in this Agreement
Section 5.9. Further Actions. The parties agree to execute such further documents and
take such further actions as may reasonably be required or expedient to carry out the provisions and
intentions of this Agreement, or any agreement or document relatmg hereto or entered into in
connection herewith
Section 5.10. Parties in Interest. This Agreement shall be binding upon and inure solely
to the benefit of the parties hereto and their permitted assigns, and nothing in this Agreement,
express or implied, is intended to confer upon any other person any rights or remedies of any nature
under or by reason of this Agreement
Section 5.11. Employees. It is further agreed that any and all full-time employees of
County and all other employees of said County engaged in the performance of any work or
services required or provided for herein to be performed by the County shall be considered
employees of County only and not of City and that any and all claims that may or might arise
under Workman's Compensation Act of the State of Minnesota on behalf of said employees while
so engaged and any and all claims made by any third parties as a consequence of any act or
omission on the part of County employees while so engaged on any of the work or services
provided to be rendered herein shall be the sole obligation and responsibility of County.
It is further agreed that any and all full-time employees of City and all other employees of said
City engaged in the performance of any work or services required or provided for herein to be
performed by City shall be considered employees of City only and not of County and that any
and all claims that may or might arise under Workman's Compensation Act of the State of
Minnesota on behalf of said employees while so engaged and any and all claims made by any
third parties as a consequence of any act or omission on the part of said City employees which so
engaged on any of the work or services to be rendered herein shall be the sole obligation and
responsibility of City
Section 5.12. Indemnification. The Parties' total liability under this Agreement shall be
governed by Minn. Statutes, Section 471 59, Subd. 1 a
Page I 5
180786v7
Each Party agrees that it will be responsible for the acts or omissions of its officials, agents, and
employees, and the results thereof, in carrying out the terms of this Agreement,to the extent
authorized by law and shall not be responsible for the acts/omissions of the other Party and the
results thereof. For purposes of determimng total liability for damages,the participating
governmental units are considered to be a single governmental unit,the total liability of which
shall not exceed the limits for a single governmental unit as provided in Minn Statutes, Section
466.04, Subd. 1.
Each Party agrees to defend, hold harmless, and indemnify the other Party,its officials,agents, and
employees, from any liability, loss,or damages the other Party may suffer or incur as the result of
demands, claims,judgments, or cost arising out of or caused by the indemnifying Party's
negligence in the performance of its respective obligations under this Agreement This provision
shall not be construed nor operate as a waiver of any applicable limitation of liability, defenses,
immunities, or exceptions by statute or common law
To the full extent permitted by law, actions by the parties pursuant to this Agreement are intended
to be and shall be construed as a "cooperative activity" and it is the intent of the parties that they
shall be deemed a "single governmental unit" for the purposes of liability, all as set forth in
Minnesota Statutes, Section 471.59, Subd. la(a),provided further that for purposes of that statute,
each party to this Agreement expressly declines responsibility for the acts or omissions of the other
party
The Parties of this Agreement are not liable for the acts or omissions of the other participants to
this Agreement except to the extent to which they have agreed m writing to be responsible for acts
or omissions of the other Parties.
Section 5.13 Records—Availability and Access. To the extent required by Minnesota
Statutes Section § 16C.05, Subd 5 (as maybe amended), the Parties agree that the other Party,
the State Auditor,the Legislative Auditor or any of their duly authorized representatives, at any
time during normal business hours, and as often as they may reasonably deem necessary, shall
have access to and the right to examine, audit, excerpt, and transcribe any books, documents,
papers, records, etc., which are pertinent to the accounting practices and procedures of the other
Parties and involve transactions relating to this Agreement Such materials shall be maintained
and such access and rights shall be in force and effect during the period of the Agreement and for
six(6)years after its termination or cancellation
Section 5.14. Data Practices Each Party, its employees, agents, owners, partners, and
subcontractors agree to abide by the provisions of the Minnesota Government Data Practices Act,
Minnesota Statutes, Chapter 13 and implementing regulations, if applicable, and all other
applicable state and federal laws, rules, regulations and orders relating to data privacy or
confidentiality, and as any of the same may be amended
Section 5.15. Nondiscrimination. During the performance of this Agreement, the City
and the County agree to the following.No person shall, on the grounds of race, color,religion, age,
sex, sexual orientation, disability, marital status, public assistance status, criminal record, creed or
Page 16
180786v7
national origin be excluded from full employment right in, participation in, be denied the benefits
of or be otherwise subjected to discrimination under any and all applicable Federal and State laws
against discrimination
Section 5.16. Default and Withdrawal. Default in this Agreement may occur when a
Party fails to perform any of the provisions of this Agreement or so fails to administer the work as
to endanger the performance of the Agreement. Unless the Party's default is excused by the non-
defaulting Party,the non-defaulting party may,upon written notice to the defaultmg party
representative listed herein, cancel this Agreement in its entirety as indicated below
Any Party may withdraw from this Agreement with or without cause by providing thirty(30)days'
prior wntten notice to the other Parties herein Only the governing bodies of the Participating
Parties have authority to act pursuant to this provision of the Agreement
Each Party to this agreement reserves the right to withdraw from and cancel this agreement within
30 days from the opening of bids for the project in the event either or both parties consider any or
all bids unsatisfactory;the withdrawal form or cancellation of the agreement to be accomplished by
either or both parties within 30 days of opening of bids by serving a written notice thereof upon the
other,unless this right is waived by both parties m writing
Section 5.17. Third Party. This Agreement does not create any rights, claims or benefits
inuring to any person that is not a party hereto nor create or establish any third party beneficiary
[The remainder of this page has been intentionally left blank.
Signature pages follow J
Page 17
180786v7
IN TESTIMONY WHEREOF, The parties hereto have caused these presents to be executed.
City of Chanhassen, Minnesota Cou -y of Ca er, Minnesota
_j
)//9( / -/
Wit_.€ ,.
Mayor coq Boar,t
i
Date- Date. //.i '/c
Attest:
Administrator/Clerk Cc ty Ad inistra or
Date. Date. IV214 ( `�
Approved As To Form: Approved As To Form:
Attorney County Attorney
Date Date
Page8
180786v7
PURCHASE AGREEMENT
THIS PURCHASE AGREEMENT is effective as of the day of
2015, by and between the CITY OF CHANHASSEN, a Minnesota municipal corporation, P. 0
Box 147, 7700 Market Boulevard, Chanhassen, Minnesota 55317 ("Purchaser") and ANDREA S
CARTY, a single person, residing at 675 Lakota Lane, Chanhassen, Minnesota 55318 ("Seller")
RECITALS:
A Seller is the owner in fee simple of the property located in the City of Chanhassen, County
of Carver, State of Minnesota, legally described in Exhibit A attached hereto and made a
part hereof, including existing buildings,together with all other existing improvements and
fixtures located thereon, all appurtenant rights, easements,mineral rights, and all right, title
and interest of Seller in and to all streets, alleys, strips, and rights-of-way over or abutting
said land, for which Seller has an interest(the"Property"), and
B Seller desires to convey the Property thereon to Purchaser and Purchaser is desirous of
purchasing the Property
AGREEMENT:
In consideration of the mutual covenants and agreements herein contained and other
valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the parties
agree as follows
1 OFFER/ACCEPTANCE Subject to compliance with the terms, covenants and conditions
of this Purchase Agreement, Seller shall convey the Property to the Purchaser
2. PRICE AND TERMS. The price for the Property included under this Purchase
Agreement is Six Hundred Nine Thousand and No/100 ($609,000 00) Dollars, which Purchaser
shall pay in cash on the Closing Date.
3. DEED/MARKETABLE TITLE Upon performance by Purchaser, Seller shall execute
and deliver a Warranty Deed, conveying good and marketable title of record, subject to
A Covenants, conditions, restrictions,declarations and easements of record, if any,
B Reservations of minerals or mineral rights by the State of Minnesota, if any,
C Building and zoning laws, ordinances, state and federal regulations, and
D The lien of real property taxes and the lien of special assessments and interest due thereon,
if any, payable in the year of closing which by the terms of this Purchase Agreement are to
be paid or assumed by the Purchaser
I 80875v4
4. REAL ESTATE TAXES AND SPECIAL ASSESSMENTS.
A Prior Years' Delinquent Real Estate Taxes and Delinquent_Special Assessments
Delinquent real estate taxes payable in years prior to the year of Closing and delinquent
installments of special assessments certified for collection with real estate taxes payable in
years prior to the year of Closing, together with penalty, interest and costs, shall be paid by
Seller not later than the Date of Closing.
B Real Estate Taxes Payable in the Year of Closing Real estate taxes payable in the year
of Closing shall be prorated between Seller and Purchaser on a calendar year basis to the
Date of Closing Purchaser shall assume installments not paid at Closing Seller shall
pay penalty, interest and costs on any delinquent installment of taxes and special
assessments payable by Seller in the year of Closing
C Deferred Real Estate Taxes Seller shall pay on Date of Closing or provide for payment
of any deferred real estate taxes (including "Green Acres" taxes under Minn Stat §
273 111) payment of which is required as a result of the Closing of this sale and the
recording of the Deed. Provision for payment shall be by payment into escrow of 1 5
times the estimated payoff amount of the deferred taxes.
D Certified Special Assessments All installments of special assessments certified for
payment with the real estate taxes payable in the year of Closing shall be paid by Seller at
Closing
E Pending Special Assessments Seller shall provide for payment of special assessments
pending as of the date of this Purchase Agreement for improvements that have been
ordered by the City Council or other governmental authorities Seller's provision for
payment shall be by payment into escrow of 1.5 times the estimated amount of the
assessments. If a special assessment becomes pending after the date of this Purchase
Agreement and before the Date of Closing, Purchaser may, at Purchaser's option
(1) Assume payment of the pending special assessment without adjustment to the
purchase price of the real property, or
(2) Require Seller to pay the pending special assessment (or escrow for payment of
same as provided above) and Purchaser shall pay a commensurate increase in the
purchase pnce of the real property, which increase shall be the same as the
estimated amount of the assessment; or
(3) Rescind this Agreement, in which case all Earnest Money shall be refunded to
Purchaser
F All Other Levied Special Assessments Seller shall pay on the Date of Closing all other
special assessments levied as of the date of this Purchase Agreement
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5. SELLER'S BOUNDARY LINE, ACCESS, RESTRICTIONS AND LIEN
WARRANTIES. Seller warrants that there has been no labor or material furnished to the Property
for Seller foi which payment has not been made
6 ACCESS PRIOR TO CLOSING. Upon reasonable notice to Seller, Purchaser and
Purchaser's authorized agents shall have the right during the period from the date of this
Agreement to the Date of Closing to enter in and upon the Property in order to make, at
Purchaser's expense, surveys, measurements, soil tests and other tests (collectively "Tests"), that
Purchaser shall deem necessary Purchaser agrees to promptly restore any resulting damage to the
Property or to Seller's personal property, and to indemnify, hold harmless and defend Seller from
any and all claims by third persons of any nature whatsoever arising from Purchaser's right of
entry hereunder and the Tests conducted, including all actions, proceedings,demands, assessments,
costs, expenses and attorneys' fees Purchaser shall not perform any invasive testing of the
Property without Seller's prior written consent Seller's consent may be conditioned upon any
restrictions that Seller deems necessary
7. POSSESSION. Seller shall deliver possession of the Property not later than the actual
date of closing, subject to that certain Lease Agreement a copy of which is attached as Exhibit B to
this Agreement and made a part thereof.
8 TITLE INSURANCE Within fifteen (15) days of the date of this Agreement, Purchaser
shall be responsible for obtaining title evidence and reviewing title to the Property. Purchaser shall
be allowed thirty (30) business days after the receipt of the title commitment foi examination of
title and making any objections, which shall be made in writing or deemed waived
9. TITLE CORRECTIONS AND REMEDIES. Seller shall have one hundred twenty
(120) days from receipt of Purchaser's written title objections to make title marketable. Upon
receipt of Purchaser's title objections, Seller shall, within ten (10) business days, notify Purchaser
of Seller's intention to make title marketable within the 120 day period Liens or encumbrances for
liquidated amounts which can be released by payment or escrow from proceeds of closing shall not
delay the closing. Cure of the defects by Seller shall be reasonable, diligent, and prompt Pending
correction of title, all payments required herein and the closing shall be postponed
If any objection is so made, Seller shall have ten (10) business days from receipt of Purchaser's
written title objections to notify Purchaser of Seller's intention to make title marketable within one
hundred twenty (120) days from Seller's receipt of such written objection If notice is given,
payments hereunder required shall be postponed pending correction of title, but upon correction of
title and within ten (10) days after written notice to Purchaser, the parties shall perform this
Agreement according to its terms. If no such notice is given or if notice is given but title is not
corrected within the time provided for, the Purchaser (at Purchaser's option) shall have the right to
(a) terminate this Agreement, or (b) cause the exception(s) to be removed and credit Purchaser's
cost to remove the exception(s) against the Purchase Price
10. NOTICES All notices required herein shall be in writing and delivered personally or
mailed to the address for each party as shown above and if mailed, are effective as of the date of
mailing
180875v4 3
F
11. MINNESOTA LAW. This contract shall be governed by the laws of the State of
Minnesota
12. WELL DISCLOSURE. [Check one of the followzng.J
Seller certifies that Seller does not know of any wells on the Property
X Wells on the Property are disclosed by Seller on the attached Well Disclosure form.
13 DISCLOSURE OF INDIVIDUAL ON-SITE SEWAGE TREATMENT SYSTEM.
[Check one of the following..J
Seller certifies that Seller does not know of any individual on-site sewage treatment
systems on the Property
X Individual on-site sewage treatment systems on the Property are disclosed by Seller on
the attached Disclosure form
14. PROTECTED HISTORICAL SITES. [Select either one of the following
Seller represents that Seller does not know if there are historical, native American,
or archeological materials on or in the Property that might be protected by law.
X To Seller's knowledge, the property does not have any American Indian burial
grounds, other human burial grounds, ceremonial earthworks, historical materials,
and/or other archeological sites that are protected by federal or state law
Purchaser's obligation to close is contingent upon Purchaser determining to
Purchaser's satisfaction that the property does not have any American Indian burial
grounds, other human burial grounds, ceremonial earthworks, histoncal materials,
and/or other archeological sites that are protected by federal or state law
15 LEAD PAINT DISCLOSURE [Check one of the following]
Seller represents that the dwelling was constructed on the real property in 1978 or
later
X Seller represents that the dwelling was constructed on the real property before 1978
(If such housing is located on the real property, attached and made a part of this
Purchase Agreement is"LEAD PAINT ADDENDUM FOR HOUSING
CONSTRUCTED BEFORE 1978")
16 METHAMPHETAMINE DISCLOSURE STATEMENT
[Check one of the following]
X To the best of Seller's knowledge, methamphetamine production has not occurred
on the Property
To the best of Seller's knowledge, methamphetamine production has occurred on
the Property and Seller makes the following disclosure.
180875v4 4
A county or local health department or sheriff has not ordered that the Property or some
portion of the Property is prohibited from being occupied or used until it has been assessed
and remediated as provided in the Department of Health's Clandestine Drug Labs General
Clean-up Guidelines
If such order or orders have been issued complete the following statement.
The above orders issued against the Property[strike one]have/have not been vacated
If such order has not been issued, state the status of removal and remediation on the
Property [Use additional sheets, if necessary]
17. SELLER'S COVENANTS, REPRESENTATIONS AND WARRANTIES. Seller, as
part of the consideration therefore, represents warrants, and covenants with Purchaser and its
successors and assigns that to the best of Seller's actual knowledge and without any investigation
or inquiry, as follows.
A Seller has or as of the Date of Closing will have marketable and insurable title to
the Property of record, free and clear of all liens, encumbrances, leases, claims and
charges, all material easements, rights-of-way, covenants, conditions and
restrictions and any other matters affecting the title, except for the Permitted
Exceptions
B To Seller's actual knowledge, the conveyance of the Property pursuant hereto will
not violate any applicable statute, ordinance, governmental restriction or regulation,
or any private restriction or agreement
C As of the Date of Closing there will be no outstanding or unpaid claims, actions or
causes of action related to any transaction or obligation entered into or incurred by
Seller with respect to the Property prior to the date hereof
D. Except as provided herein, Seller shall indemnify and defend Purchaser and
otherwise hold Purchaser harmless of, from and against any broker who may be
entitled to any commission or finder's fee in connection with the transaction
contemplated herein to the extent arising from Seller's actions
E Seller is not a foreign person as defined in §1445(f)(3) of the Internal Revenue
Code or regulations issued thereunder.
F To Seller's actual knowledge, there is no action, litigation, investigation,
condemnation or other proceedings of any kind pending or threatened against Seller
with respect to the Property.
G To Seller's actual knowledge, (i)no toxic materials, hazardous wastes or hazardous
substances, as such terms are defined in the Resource Conservation and Recovery
Act of 1996, as amended (42 USC §6901, et seq) or in the Comprehensive
Environmental Response Compensation and Liability Act of 1980, as amended (42
U.S.0 §9601, et seq ), including, without limitation, any asbestos or asbestos-
related products of materials and any oils, petroleum-derived compounds or
pesticides ("Hazardous Materials") have been generated, treated, stored, released or
180875v4 5
disposed of or otherwise placed, deposited in or located on the Property, and (ii) the
Property is free of Hazardous Matenals and is not subject to any"superfund" type
liens or claims by governmental iegulatory agencies or third parties arising from the
release or threatened release of hazardous substances in, on, or about the Property
Seller shall indemnify and hold Purchaser harmless from any and all third party
claims, causes of action, damages, losses, or costs (including reasonable lawyer's
fees) relating to breach of the foregoing representations and warranties by Seller or
to hazardous substances or petroleum products in the subsoil or ground water of the
Property which arise from or are caused by acts or occurrences upon the Property
prior to Purchaser taking possession and of which Seller has actual knowledge
These warranties and indemnifications shall survive the delivery of the Warranty
Deed
The covenants, representations, and warranties contained in this Section shall be deemed to benefit
Purchaser and its successors and assigns and shall survive any termination or expiration of this
Purchase Agreement or the delivery of the Warranty Deed All of Seller's covenants,
representations and warranties in this Agreement shall be matenally true as of the date hereof and
of the Closing Date, and shall be a condition precedent to the performance of Purchaser's
obligations hereunder If Purchaser discovers that any such covenant, representation, or warranty
is not true, Purchaser may elect prior to Closing, in addition to any of its other rights and remedies,
to cancel this Agreement, or Purchaser may postpone the Closing Date up to ninety (90) days to
allow time for correction If Purchaser elects to proceed with the Closing following such
discovery, Purchaser shall be deemed to have waived its rights to assert a claim against Seller
arising from the inaccuracy or untruthfulness of any such covenant, representation, or warranty
Seller indemnifies Purchaser from any and all third party claims, causes of action, damages, losses,
or costs relating to any breaches of the covenants, warranties and representations set forth in this
Section with any particulars regarding Seller's indemnification obligations being set forth in the
relevant subsections of this Section 17
18. SELLER'S AFFIDAVIT. At closing, Seller shall supplement the warranties and
representations in this Purchase Agreement by executing and delivenng a Minnesota Uniform
Conveyancing Blank [Form No 116-M, 117-M, or 118-M] Affidavit of Seller
19. CLOSING The closing (the "Closing") of the purchase and sale contemplated by this
Agreement shall occur at a location designated by Purchaser, and shall occur on or before May 18,
2015 ("Closing Date") At closing, Seller and Purchaser shall disclose their Social Secunty
Numbers or Federal Tax Identification Numbers foi the purposes of completing state and federal
tax forms
20. CLOSING DOCUMENTS.
A At the Closing, Seller shall execute and/or deliver to Purchaser the following
(collectively the "Closing Documents").
(1) Warranty Deed A Warranty Deed in recordable form and reasonably
satisfactory to Purchaser
180875v4 6
(2) Seller's Affidavit A standard form affidavit by Seller indicating that on the
date of Closing there are no outstanding, unsatisfied judgments, tax liens or
bankruptcies against or involving Seller or the Property; that there has been no
skill, labor or material furnished to the Property for which payment has not been
made or for which mechanic's liens could be filed; and that there are no other
unrecorded interests in the Property
(3) Non-Foreign Person Certification A certification in form and content
satisfactory to the parties hereto and their counsel, properly executed by Seller,
containing such information as shall be required by the Internal Revenue Code,
and the regulations issued there under, in order to establish that Seller is not a
"foreign person" as defined in §1445(f)(3)of such Code and such regulations
(4) Storage Tanks. If required, an affidavit with respect to storage tanks pursuant
to Minn. Stat. § 116 48.
(5) Well Certificate If there is a well located on the Property, a well disclosure
certificate in form and substance true to form for recording.
(6) Certification A certification that the representations and/or warranties made
by Seller is materially the same as were in existence on the date of this
Agreement or noting any changes thereto; and
(7) Other Documents. All other documents reasonably determined by either party
or the title insurance company to be necessary to transfer and provide title
insurance for the Property.
B At the Closing, Purchaser shall execute and deliver to Seller the following'
(1) All documents reasonably determined by either party or the title
insurance company to be necessary to provide title insurance for the
Property;
(2) Payment of the Purchase Price
21 CLOSING COSTS All costs relating to the closing of this transaction shall be paid by
Purchaser
22. ADDITIONAL TERMS.
A Purchaser's Contingencies Purchaser's obligations under this Agreement are
contingent upon Purchaser's satisfaction with each of the following ("Purchaser's
Contingencies").
180875v4 7
(1) The representations and warranties of Seller set forth in this Agreement must be
true as of the date of this Agreement and on the Closing Date, and Seller shall have
delivered to Purchasers at Closing a certificate dated the Closing Date, signed by Seller,
certifying that such representations and warranties are true as of the Closing Date.
(2) Purchaser determining on or before the Closing Date, that it is satisfied, in its sole
discretion, with the results of matters disclosed by any environmental/engmeenng
investigation or testing of the Property performed by Purchaser or Purchaser's agent By
executing this Agreement, Seller hereby authorizes Purchaser to enter upon the Property at
reasonable times to conduct the investigations and/or tests described herein per the terms of
Section 6 of this Agreement Purchaser shall be solely responsible for all environmental
tests and shall hold Seller harmless from any such costs and shall indemnify Seller for
breach of this provision including reasonable attorneys' fees
(3) Purchaser determining that it is satisfied with the title to the Property.
(4) By executing this Agreement, Seller hereby authorizes Purchaser to enter upon the
Property at reasonable times to conduct the investigations and/or tests described herein. If
the Purchaser's Contingencies have not been satisfied on or before the Closing Date, then
Purchaser may, at Purchaser's option, extend the Closing Date in order to satisfy the
Purchaser's Contingencies or terminate this Agreement by giving notice to Seller on or
before the Closing Date The contingencies set forth in this section are for the sole and
exclusive benefit of Purchaser, and Purchaser shall have the right to waive the
contingencies by giving notice to Seller
B Seller's Contingencies Seller's obligations under this Agreement are contingent
upon Purchaser's satisfaction with each of the following("Seller's Contingencies").
(1) The Pui chaser executing the Lease attached hereto as Exhibit B at Closing
If the Seller's Contingencies have not been satisfied on or before the Closing Date, then
Seller may, at Seller's option, extend the Closing Date in order to satisfy the Seller's
Contingencies or terminate this Agreement by giving notice to Purchaser on or before the
Closing Date The contingencies set forth in this section are for the sole and exclusive
benefit of Seller, and Seller shall have the right to waive the contingencies by giving notice
to Purchaser
23. TIME IS OF THE ESSENCE. Time is of the essence for all provisions of this Purchase
Agreement
24 MULTIPLE ORIGINALS. Seller and Purchaser have signed [numbed)
originals of this Purchase Agreement
180875v4 8
I agree to buy the Property for the price and terms and conditions set forth above
PURCHASER•
CITY OF CHANHASSEN
By Dated ,2015
Denny Laufenburget, Mayor
And.
Todd Gerhardt, City Manager
180875v4 9
[agree to sell the Property for the price and terms and conditions set forth above
SELLER:
By •' Dated35, 2015
Andrea S Carty
1
f
,
1
180575v5
EXHIBIT A
That part of the Northwest Quarter(NW 1/4)of Section Thirty-six(36),Township One Hundred
Sixteen(116)North,Range Twenty-three(23)West, Carver County,Minnesota, described as
follows Commencing at a point where the West line of said Northwest Quarter(NW 1/4)intersects
the Northerly right of way line of the Minneapolis and St Louis Railway, and running thence
Easterly along said Northerly right of way line a distance of two hundred ninety-two (292)feet to its
intersection with the Easterly right of way line of State Trunk Highway No 101,being the actual
point of beginning of the premises herein described, thence running Northeasterly along said Easterly
right of way line of said Trunk Highway No 101 whose course is as follows.Deflecting to the left
from the Northerly right of way line of the aforesaid railroad 70 degrees 44 minutes and running a
distance of 457 2 feet to a point, thence deflecting to the right 23 degrees 22 minutes and running a
distance of 123 0 feet to a point,thence deflecting to the right 25 degrees 51 minutes and running a
distance of 110 0 feet to a point,thence deflecting to the right 20 degrees 01 minutes and running a
distance of 218 6 feet to a point,thence deflecting to the left 46 degrees 00 minutes and running a
distance of 176 6 feet to a point,thence deflecting to the left 05 degrees 29 minutes and running a
distance of 118 7 feet,more or less,to a point where the southerly line of Bluff Lane(a public road)
intersects the Easterly Line of said State Trunk Highway No 101;thence North 83 degrees 21
minutes East along the said Southerly line of said Bluff Lane a distance of 55 37 feet to a point;
thence Southerly 841 3 feet, more or less,in a straight line to a point on the Northerly right of way
line of said Minneapolis and St Louis Railway distant 623.5 feet from the actual point of beginning
when measured along said railroad right of way line,thence Southwesterly along said railroad right
of way line to the point of beginning
180875v4 1
EXHIBIT B
LEASE AGREEMENT
THIS LEASE AGREEMENT(the "Lease")made and entered into this day of
,2015,by and between the CITY OF CHANHASSEN, a
Minnesota municipal corporation ("City") and ANDREA S. CARTY,a single person,residing at
675 Lakota Lane, Chanhassen, Minnesota 55317 ("Lessee")
WHEREAS,the City and Lessee entered into a Purchase Agreement dated
2015 ("Purchase Agreement")for the sale of the Property legally described on the attached Exhibit
"A,"by Lessee to City("City Property"), and
WHEREAS, the City Property consists of approximately 8 acres of property and includes
a single family residence,horse barn and other improvements; and
WHEREAS,under the terms of the Purchase Agreement,the City agreed to lease to
Lessee the City property for one year (and continuing thereafter with a 90-day notice of
termination provision) from the date of closing on the Purchase Agreement pursuant to the terms of
this Lease,
NOW, THEREFORE, in consideration of the mutual covenants and agreements herein, it
is hereby mutually agreed by the parties as follows.
1. LEASED PREMISES. The City hereby leases to Lessee the City Property
2. OCCUPANCY AND USE OF PROPERTY Lessee shall have the right to continue to
use the Property as hei primary residence and horse stable during the term of this Lease. The
Premises and utilities shall be used solely for residential purposes
3 TERM This Lease shall commence on May 18, 2015 for an initial term ending May 31,
2016 Thereafter,the lease shall continue indefinitely until either party terminates the lease by
giving the other party a ninety(90) day written notice of termination
4 PAYMENT OF RENT. Lessee shall pay One Thousand Two Hundred and No/100
($1,200 00)Dollars per month rent during the term of this Lease
5. MAINTENANCE OF PREMISES. Lessee shall be responsible for all normal
maintenance and repairs, of any kind, to the Premises,including structures and personal property
located on the Premises, and all costs associated with the foregoing
6. ACCEPTANCE OF PROPERTY Lessee resides on the Premises and acknowledges
that she is familiar with the Premises and accepts the Premises "as is"during the teriu of this
Agreement
180875v4 12
7. UTILITIES. Lessee shall be responsible for arranging for and paying for all utility
services required on the Premises
8 LESSEE PROMISES:
A Lessee shall use the Premises only as a private residence
B Lessee shall abide by and conform to all statutes, ordinances,rules and regulations
of duly constituted public authorities relating to the use and occupancy of the
Premises
C Lessee shall not use the Premises in any way that would cause a cancellation,
restriction or increase in premium of the City's insurance
D Lessee shall not use or store in or near the Premises any flammable or explosive
substances in an unsafe manner
E Lessee shall at all times keep and maintain the Premises in a neat, clean and
sanitary condition, free from waste or debris
F Lessee shall maintain the yard to the Premises and the driveway in good condition
including mowing and snowplowing.
G Lessee covenants and agrees that Lessee, her agents, contractors, licensees and
invitees shall not handle, use, manufacture, store or dispose of any flamnmables,
explosives, radioactive materials, hazardous wastes or materials (as may be defined
by Federal oi State Law), toxic wastes or materials,petroleum products, or other
similar substances or derivatives thereof(collectively"Hazardous Materials"), on,
under, or about the Premises, without City's prior written consent (which consent
may be withheld or denied for any or no reason)
9. LIABILITY INSURANCE. Lessee, at her own expense, shall purchase and continue in
force, general liability insurance against any and all claims for injuries to persons or damage to
property occurring in, upon or about the Premises during the occupancy period, such insurance to
be in an amount not less than$1 million(combined single limit personal injury and property
damage) The insurance shall be written by a company authorized to engage in the business of
general liability insurance in the State of Minnesota, and there shall be delivered to the City
customary certificates evidencing such paid-up insurance, which certificates are to be issued by the
insurance company
10. PERSONAL PROPERTY. All personal property belonging to Lessee shall be on the
Premises at the risk of Lessee and the City shall not be liable for any damage thereto and Lessee
waives all claims against the City for damages to persons or property sustained by Lessee or her
occupants or invitees, except those claims caused by the grossly negligent or intentionally
malicious act or omission of the City or its agents
180875v4 13
11. THE CITY'S RIGHT TO ENTER. The City may enter the Premises for a reasonable
business purpose The City must first make a good faith effort to give reasonable notice to the
Lessee of the intent to enter. The City may enter the Premises in an emergency The City must
disclose the date, time and purpose of the emergency entry in writing The writing must be left in a
conspicuous place in the Premises
12. NOTICE OF DANGEROUS CONDITIONS Lessee shall promptly notify the City of
any conditions that might cause damage to the Premises The notice may be oral or in writing
13 ASSIGNMENT AND SUBLETTING. Lessee may not assign or sublet the Premises
14. TERMINATION. Upon termination of this Lease, Lessee must remove all personal
property from the Premises and return all keys to all buildings located on the Premises to the City
Any possessions or property remaining on the Premises upon termination of the Lease may be
considered by the City to have been abandoned City may dispose of the possessions and personal
property in the manner that City deems appropriate. City shall not be liable to Lessee, her
representatives, heirs or assigns for disposing of the possessions or property.
15. PREMISES DESTROYED,UNINHABITABLE OR UNFIT FOR OCCUPANCY If
the Premises is destroyed or becomes totally uninhabitable or completely unfit for occupancy for
whatever reason, either the City or Lessee may end this Lease To end the Lease,the City or
Lessee shall give prompt wntten notice to the other Any rent paid for the period after such date
shall be refunded.
16. IMPAIRMENT OF USE. In the event of any damage to the Premises during the term of
this Lease, by fire, the elements or other casualty, City shall restore the Premises if damaged(to the
extent of available insurance proceeds)with reasonable dispatch unless City shall, within sixty(60)
days of the date of the occurrence of such fire or other casualty, elect not to rebuild. In the event
City elects not to rebuild the Premises as above set forth, then this Lease shall cease and terminate
as of the date of such election, any rent prepaid for period after such date shall be refunded to
Lessee, and Lessee shall have no claim against City for the value of any unexpired term of this
Lease During any such restoration, to the extent the Premises shall be untenantable, the rent shall
abate proportionately
17 BREACH OF LEASE [RE-ENTRY CLAUSE]. If Lessee materially breaches this
Lease, the City may
A Demand in wnting that Lessee immediately give up possession of the Premises. If
Lessee does not give up possession,the City may bring an eviction (unlawful
detainer) action.
B Demand in writing that Lessee gives up possession of the Premises to the City at a
certain date in the future If Lessee does not give up possession on that date,the
City may bring an eviction(unlawful detainer) action. The City may accept rent for
the penod up to the date possession is to be transferred without giving up the City's
right to evict
180875v4 14
C Bring an eviction(unlawful detainer) action immediately.
18. SUBROGATION. If requested,the City and Lessee give up all rights of subrogation
against the other for loss or damage covered by insurance.
19 NOTICES. Any notice or document required of permitted to be delivered under the terms
of this Lease shall be deemed to be delivered, whether actually received or not, when deposited in
the United States mail,postage prepaid, certified or registered mail, addressed to the parties hereto
at the addresses set forth below, or at such other address as they have previously designated in
written notice delivered in accordance with this Section.
If to the City. City of Chanhassen If to Lessee Andrea S Carty
Attn: Paul Oehme 675 Lakota Lane
P. 0 Box 147 Chanhassen, MN 55318
7700 Market Boulevard
Chanhassen, MN 55317
20. NOTICE OF PROHIBITION AGAINST UNLAWFUL ACTIVITIES
A City and Lessee shall not unlawfully allow controlled substances in the Premises or
in the common area or curtilage of the Premises The Premises will not be used by
Lessee or persons under Lessee's control to manufacture, sell, give away, barter,
deliver, exchange, distribute or possess with the intent to sell, give, away, barter,
deliver, exchange, or distribute a controlled substance in violation of any local,
state, or federal law
B City and Lessee shall not allow prostitution of prostitution-related activity as
defined in Minn Stat § 617 80, subdivision 4, to occur on the Premises or in the
common area and curtilage of the Premises
C The City and Lessee shall not allow the unlawful use or possession of a firearm in
violation of Minn Stat § 609 66, subdivision la, § 609 67, or §624 713 on the
property, its lands, or common area
The following notice is required by Minn. Stat § 504B 305 A seizure under §609 5317, subd. 1,
for which there is not a defense under § 609.5317, subd 3, constitutes unlawful detention by
Lessee.
21. AMENDMENTS. The City and Lessee may amend the terms of this Lease in writing.
22. UTILITY SERVICE AND APPLIANCES INCLUDED. Lessee shall pay all charges
for gas, electricity and other utilities, including sewer and water charges, telephone, cable and trash
removal, used in or furnished to the Premises during the term of this Lease The City shall not be
liable in damages or otherwise for failure to furnish such services where failure or interruption is
due to causes beyond the City's reasonable control.
180575v4 ;5
23 ALTERATIONS AND IMPROVEMENTS. Lessee shall not make any alterations to the
buildings or improvements on the Premises or construct any building or make any other
improvements on the Premises without the prior written consent of the City
24. GOVERNING LAW. This Agreement shall be governed,construed and interpreted by,
through and under the Laws of the State of Minnesota
25 SEVERABILITY. If any provision of this Agreement or the application thereof shall, for
any reason and to any extent, be invalid or unenforceable, neither the remainder of this Agreement
nor the application of the provision to other per sons, entities or circumstances shall be affected
thereby, but instead shall be enforced to the maximum extent permitted by law
26. BINDING EFFECT. The covenants, obligations and conditions herein contained shall be
binding on and inure to the benefit of the heirs, legal representatives, and assigns of the parties
_ hereto
27. NON-WAIVER. No indulgence, waiver, election or non-election by City under this
Agreement shall affect Lessee's duties and liabilities hereunder
CITY OF CHANHASSEN
By
Denny Laufenbutger, Mayor
By
Todd Gerhardt, City Manager
LESSEE.
Andrea S Carty
THIS INSTRUMENT WAS DRAFTED BY
CAMPBELL KNUTSON, P A
317 Eagandale Office Center
1380 Corporate Center Curve
Eagan, MN 55121
Telephone. 651-452-5000
TMS/cjh
180875v4 1 6
EXHIBIT A
Legal Descnption of City Property
That part of the Northwest Quarter(NW 1/4)of Section Thirty-six(36),Township One Hundred
Sixteen (116)North,Range Twenty-three(23)West, Carver County,Minnesota,descnbed as
follows Commencing at a point where the West line of said Northwest Quarter(NW 1/4)intersects
the Northerly nght of way line of the Minneapolis and St Louis Railway, and running thence
Easterly along said Northerly nght of way line a distance of two hundred ninety-two (292)feet to its
intersection with the Easterly nght of way line of State Trunk Highway No 101,being the actual
point of beginning of the premises herein descnbed, thence running Northeasterly along said Easterly
right of way line of said Trunk Highway No 101 whose course is as follows Deflecting to the left
from the Northerly right of way line of the aforesaid railroad 70 degrees 44 minutes and running a
distance of 457 2 feet to a point,thence deflecting to the nght 23 degrees 22 minutes and running a
distance of 123 0 feet to a point,thence deflecting to the nght 25 degrees 51 minutes and running a
distance of 110 0 feet to a point,thence deflecting to the nght 20 degrees 01 minutes and running a
distance of 218 6 feet to a point,thence deflecting to the left 46 degrees 00 minutes and running a
distance of 176 6 feet to a point,thence deflecting to the left 05 degrees 29 minutes and running a
distance of 118 7 feet,more or less,to a point where the southerly line of Bluff Lane(a public road)
intersects the Easterly Line of said State Trunk Highway No 101, thence North 83 degrees 21
minutes East along the said Southerly line of said Bluff Lane a distance of 55 37 feet to a point;
thence Southerly 841 3 feet,more or less, in a straight line to a point on the Northerly nght of way
line of said Minneapolis and St Louis Railway distant 623.5 feet from the actual point of beginning
when measured along said railroad nght of way line,thence Southwesterly along said railroad nght
of way line to the point of beginning
180875v4 1 7
I • _ .
Report Type
Appraisal Report _
Effective Date
February 2, 2015
Client Subject Property
City of Chanhassen Residential Property
CIO Campbell Knutson, P.A. 675 Lakota Lane
Attn: Thomas Scott, City Attorney
1380 Corporate Center Curve, #317 Chanhassen, MN 55318
Eagan, MN 55121
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Prepared By.
Esther M. Trembley, Appraiser ,
William R Waytas, Appraiser
Nagel) Appraisal & Consulting, Inc
File#G1501004 12805 Highway 55, Suite 300
Plymouth, Minnesota 55441
Tel 952 544 8966 I Fax 952 544 8969
NAGELL APPRAISAL & CONSULTING
12805 Highway 55,#300 Minneapolis 952-544-8966
Plymouth,MN 55441 St Paul 651-209-6159
Established in 1968 Central Fax. 952-544-8969
City of Chanhassen
CIO Campbell Knutson, P A February 5, 2015
Attn Thomas Scott, City Attorney
1380 Corporate Center Curve, #317
Eagan, MN 55121
To Thomas Scott
In accordance with your request, an Appraisal Report has been made on the following described
property.
Subject Property. Residential Property
675 Lakota Lane
Chanhassen, MN 55318
The property is legally described herein The appraisal assumes that the property meets all
current environmental standards The appraisal analysis and conclusions are subject to certain
limiting conditions and assumptions described herein The final value opinion, as of February 2,
2015 is
FINAL VALUE OPINION (as-is). $609,000
Appraisal of Real Estate only-no FF&E or business value included
Our company has 12 employees, has been in business since 1968 and has sufficient knowledge,
education, experience, resources and/or contacts to competently complete this assignment The
accompanying report contains data secured from my personal investigation and from sources
considered to be reliable, however, correctness is not guaranteed To the best of my knowledge
and belief, the statements contained in this report are true and correct Neither my employment to
make this appraisal, nor the compensation, is contingent upon the value reported This report has
been prepared in conformity with the code of professional ethics and standards of professional
appraisal practice of the Appraisal Institute and appraisal standards set forth by Uniform Standards
of Professional Appraisal Practice
Sincerely,
Esther M. Trembley William R Waytas, SRA, CRP
Trainee Appraiser MN 40377641 Certified General MN 4000813
www nagellmn corn
Report Type Appraisal
SUMMARY OF IMPORTANT FACTS & CONCLUSIONS
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Location: 675 Lakota Lane
City/County/State: Chanhassen / Carver/ Minnesota
Report Type: Appraisal Report
Current Use• Single Family Home
Special Assumptions. None, see rear of report for standard assumptions
Site Size 362,419 SF (8 32 acres)
Above Grade SF. 2,030 SF
Current Zoning. A2 —Agricultural Estate District
Highest & Best Use: Current Use
Property Rights Appraised: Fee Simple Interest
Property Components Appraised• Real Estate Only
Cost Approach. Not Applied
Income Approach Not Applied
Sales Approach $609,000
Final Opinion of Market Value. $609,000
Nagell Appraisal&Consulting I 952 544 8966 Page 1
Projects By Funding Source
2015 thru 2019 Department Street Improvements
*,��T Contact Paul Oehme
City of Chanhassen, lVli�l Type Improvement
Project# ST-032 Useful Life
Project Name TH101 Imp-Pioneer Tr to Flying Cloud Dr(CSAR 61) Category Streets/Highways
Account#1 605-0000
Account#3 Priority n/a
Account#2 Account#4
Total Project Cost $28,650,000
Description the
improvements
nts from
m TH 5 mto the City of Shakopeeruct TH 101 from Pioneer Trail SAH 14)to The improvements are prCloud oposed to prrive(CSAH ove safety) This smobilitysand to plan for future
needsohvements from
growth in the region The project is consistent with the 2007 TH 101 corridor scoping study. State,Federal and Carver County funds are
is
proposed to helpr pay for most of landscaping,trails and nts The stormity ontnbution to the sewer improvements project he tentative schedule to help s to complete predesign and ay for some environmental work,
watermam improvements,corridor
environmental review in 2014. Right of way acquisition would take place in 2016 and construction would commence in 2018
Justification I
To improve safety and mobility on TH 101. The project also plans for growth in the region
I
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Prior Expenditures
2015 2016 2017 2018 2019 Total 600,0001111
300,000
Planning/Design 300,000 7,300,000
Land Acquisition 7,700,000
Total 20,050,000 20,050,000
Construction 28,050,000
Total 300,000 7,700,000 20,050,000 _
2015 2016 2017 2018 2019 Total
Prior Funding Sources011
600,000600,000 600,000
MSA 17,900,000625,750,000
Total Other Agency Contribution 150,000 7,700,000750,000 750,000
Sewer Utility Fund � 150,000
Street Pavement Management 150,000 800,000 800,000 111
Water Utility Fund 28,050,000
Total 300,000 7,700,000 20,050,000
Fii
Budget Impact/Other
The City would be responsible for the future maintenance of the trunk watermam and trails 1
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