HomeMy WebLinkAboutCity Council - 06/04/2002AGENDA r
EDEN PRAIRIE CITY COUNCIL WORKSHOPLFORUM
TUESDAY, JUNE 4,2002 CITY CENTER
5:OO - 6:25 PM, HERITAGE ROOM 11
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL,:
- - .-*- __ - -- - - - -- _-- - Mayor N~~~~~a~~~~ns,Co~e~~utcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Services Director
Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development
and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene
McWaters
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.)
A. Ray Lindquist - Thanking Council and Police for support on stop arm violations
VI.
VII. ADJOURNMENT
OPEN PODIUM (Unscheduled participants, 650-7:00 p.m.)
CITYCOITNcILAGEMlA
June 4,2002
Page 3
C. REPORT OF PARKS AND RECREATION SERVICES DlRECTOR
D. REPORT OF COMMUNITY DEVELOPMENT AND FINANCIAL
SERVICES DIRECTOR
E. REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Crestwood Terrace Area Improvements
a. Approval of Special Assessment (Resolution)
b. Contract for Improvements (Resolution)
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY ~
1. Protocol for Public Meeting. on Smoke-Free Ordinance
XIV. OTHER BUSINESS
XV. ADJOURNMENT
UNAPPROVED MINUTES
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EDEN PRAZRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, MAY 7,2002 CITYCENTER
5:OO - 6:25 PM, HERITAGE ROOM II
6:30 - 7:OO PM, COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Director of Parks and Recreation
Services Bob Lambert, Community Development and Financial Services Director Don Uram, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room I1
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
111. PRESENTATIONS BY COLLEGE STUDENTS REGARDING RECYCLING OF
BUILDING COMPONENTS
Finance Director Don Uram said he has been investigating ways in which the abandoned
Old Police Building might be “recycled” instead of simply demolished. As part of his
research, Uram contacted the University of Minnesota Architecture School. Five teams
of students fi-om a University of Minnesota School of Architecture Sustainable Building
class taught by Rick Carter presented concepts for a proposed Miller Park Pavilion based
on materials salvaged fiom the Old Police Building. Parks Director Bob Lambert and
Mayor Tyra-Lukens thanked the students for the thought and effort they put into these
projects.
IV. OTHER TOPICS
Phosphorus Legislation
Mayor Tyra-Lukens said shereceived a letter-pointingmt-that although recent legislation
will ban use of phosphorus in fertilizers after August 1, it does not prohibit the sale of
phosphorus. Mosman said that the Council may want to consider closing up this loophole
by passing a local ordinance to ban the sale of phosphorus. Luse suggested referring the
matter to City Attorney Ric Rosow. Case asked Rosow to prepare a memo for Council’s
review by late June.
Second Hand Smoking Ordinance
Mayor Tyra-Lukem said she had spoken with City Manager Neal about how to best go
about designing a second-hand smoke task force. She said they concluded makeup of
any task force would depend largely on which particular issue the Council decides they
want to tackle. Tyra-Lukens said she believes all of the Councilmembers agree they want
to do something in regard to second-hand smoke, but the question remains how extensive
any ordinance should be and how it should be implemented.
Case said that since everyone seems to agree that some sort of ordinance is in order,
perhaps the Council should forgo creation of a task force and go right to work on a draft
ordinance. The Council could then focus on extent of the ban and methods of
implementation. Case suggested that, assuming an ordinance is passed, the City
publicize our smoke-free status regionally to attract individuals who prefer not to be
around second-hand smoke.
Mosman said she feels the Council will encounter resistance if they pass an ordinance
without taking public input. Butcher sGd her perspective all along has been that a task
force that would explore all sides of the issue would be created. She also urged the
Council to do research into what other communities are doing. She said it would be
dangerous for five individuals to make such an important decision without getting
community input. Butcher also suggested the possibility of holding a referendum on any
proposed ordinance. Mosman said that she fears that if a referendum is held, it will come
down to which side spends the most money on publicizing their point of view. Butcher
said she doesn’t think the controversy will dissipate even after any ordinance is passed.
Luse said that the Council must keep in mind the best interest of the entire mass of
people. He said if an ordinance is passed, it must be all-inclusive and that there should
not be any “half measures.” Luse noted that although Duluth is often touted as being
completely smoke-flee, its ordinance applies only to establishments that serve food, and
that stand-alone bars do allow smoking. He also warned that the City will be looking at
protracted legal expenses if it chooses to pursue an ordinance. Butcher said she doesn’t
mind Eden Prairie standing as an island, as long as the majority of citizens approve of the
decision.
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.)
No one was scheduled to speak at Open Forum.
VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
No one requested to speak at Open Podium.
VII. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRTE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, MAY 21,2002 CITYCENTER -
COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Services Director
Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development
and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene
McWaters
Heritage Room 11
I. CALL MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 5:30 p.m.
11. APPROVAL OF AGENDA
Mosman moved, seconded by Case to approve the agenda. Motion carried 5-0.
111. SECOND HAND SMOKE
City Attorney Ric Rosow reviewed a draft ordinance his office prepared for discussion.
The ordinance includes:
0 Findings on the health effects of second-hand smoke
A section that defines terms referenced later in the document
0 A section pertaining specifically to City-owned vehicles
0 General restrictions, rules of enforcement, and proposed effective date
Rosow said the draft was developed for the Council to use as a working document. It is
designed to allow the Councilmembers to choose which portions to retain, delete andor
revise. Rosow said the ordinance is based on existing ordinances fiom other Minnesota
cities and municipalities throughout the country. Councilmember Butcher asked how
closely this draft resembles Duluth’s ordinance. Rosow said he could provide a written
comparison to other Minnesota ordinances for later review by the Council.
Tyra-Lukens proposed holding a two-hour special meeting to hear public testimony on a
possible second hand smoking ordinance. Similar to Hemepin County Board Meetings,
each speaker would be allowed a maximum of three minutes. Pro and con speakers would
alternate. The Council could choose to take action at the end of the meeting or wait until
the next Council meeting to proceed.
Tyra-Lukens said she was hesitant to appoint a task force at this point. She strongly
believes that restricting exposure to second-hand smoke is strictly a health issue, and not
a topic conducive to debate. She said she could see appointing a task force to help with
implementation issues after an ordinance is passed.
Luse said smoking is not just a health issue, but a personal rights issue. He was
concerned about negative public perception of the Council deciding not to appoint a task
force after taking action to do so at the April 16 meeting. He said if a public meeting is
held, three minutes per speaker is probably not long enough. Tyra-Lukens noted that the
public has other options for expressing opinions to the Council, including phone calls, e-
mails and letters. The purpose of the public hearing should be to hear new information
,and opinions. Mosman said it would be difficult for the Council to sit through more than
a couple of hours of testimony, and that the public should be encourage to write and call
as well.
Butcher said she was disconcerted by the proposed process. She thought the Council had
agreed to discuss formation of a task force at this meeting. She wondered whose idea it
was to instead create the draft ordinance that was presented. She said this was “putting
the cart before the horse.” She said she was not even at the point of deciding whether or
not it is the Council’s role to regulate second-hand smoke. She said the first order of
business is to determine how to get public input, both pro and con. She urged the rest of
the Council to consider other options as well, such as holding a referendum or supporting
lobbying for a statewide second-hand smoke ordinance.
Rosow said that before the April 16 meeting, he had forwarded a draft motion to create a
task force to study second hand smoking ordinance to Carl Jullie, who was City Manager
at the time. The Council chose not to take action on the motion Rosow had drafted, but
indicated a desire to discuss the issue at a Workshop. Rosow and Jullie met to discuss
how to best provide the Council with a starting point for discussion of a possible
ordinance. They agreed Rosow would create a draft ordinance that would allow for
extensive input by the Council and provides choices fiom which they could pick and
choose.
Case said if a public meeting is held, it is critical not to make any final decisions that
night. He needs time to consider the input before making any decision. He said he was
also struggling with some of Butcher’s suggestions. His understanding from the April 16
meeting was that staff was directed to come back to the Council with recommendations
on how to approach the issue. Case said a referendum works best when the choices are
black and white. He said he could not envision how the public could vote on a proposed
ordinance when they may be in favor of portions of it but not agree with other parts. He
said this is one of the times when the Council is faced with clear issues of right and
wrong and truthfulness. Butcher said a referendum would ask voters only whether or not
they favored an ordinance, not what would be contained in the ordinance.
Tyra-Lukens reiterated that she believes regulating second hand exposure is a public
health issue and that ifthe tobacco lobbyists are given the chance to throw money at the
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IV.
issue, the truth will become obscured. Butcher replied that it is also about public policy
and regulating an activity that is legal. Luse said that although the Council’s ultimate
decisions will probably be based on the interest of public health, they cannot bypass the
opinions of a whole host of others who may feel differently. Tyra-Lukens suggested
using the draft ordinance as a fiamework for talking points for the public at a special
meeting, and that the Council could announce at the beginning of the meeting that
passage of an ordinance is not a foregone conclusion.
Luse said the issue is too divisive to be decided by referendum. He would prefer the City
conduct a survey of residents. Luse also said he felt the appearance by the “Clean Air on
the Prairie” group rushed the Council into taking action on an issue it was not ready to
consider. Case disagreed, saying he had been hearing fiom various groups and
individuals on this topic for at least six months. He said the Council has taken up the
issue because they feel a resonance with it.
Tyra-Lukens said some of the comments made by other Councilmembers lead her to
believe not everyone agrees that second-hand smoke really is a health issue. She said
health professionals have known for more than 20 years that second hand smoke is
detrimental to health, and that’s where the role of Council as leaders comes in. It is time
to do something about it. Tyra-Lukens said it is unusual as a Councilmember to hear
positive comments fiom constituents, but that she has repeatedly been told that they are
doing the right thing in considering this ordinance.
Case said that he feels the accusations that have been made by some about the Mayor’s
alleged conflict of interest stemming fiom volunteer work she did over 15 years ago
shows how dangerous it would be to form a task force that would include tobacco
lobbyists.
Tyra-Lukens asked if the Council was ready to come to an agreement on what action to
take regarding holding a special meeting. Rosow said any action would have to be taken
as part of the regular Council meeting. Council agreed to add this item to the Council
agenda for further discussion.
OTHER TOPICS
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.)
No one was scheduled to appear at Open Forum.
VI. OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
No one requested to speak at Open Podium.
VII. ADJOURNMENT
SECTION Consent Calendar
I
June 4,2002
ITEM DESCRIPTION: I sERn(sE 1 Clerk's License Application List Pohce / C. O.P. Unit I I Gretchen Laven
ITEM NO.:
=I A,
These licenses have been approved by the department heads responsible for the licensed activity.
Gambling - Raffle
Organization: H.E.A.R.T., Inc.
Place: Olympic Hills Country Club
Date: August 5,2002
i
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CITY COUNCIL AGENDA
SECTION: Consent Agenda
SERVICE AREADMSION:
Community Development
Donald R. Uram
Michael D. Franzen
DATE: 06-04-02
ITEM DESCRIPTION
Terrey Pine Villas
ITEM NO.:
Requested Action
Move to:
0 Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers on 6.39 acres and Zoning District Change from Rural to R1-9.5 and Zoning District
Amendment within the R1-22 Zoning District; and
Approve the Developer's Agreement for Terrey Pine Villas. 0
Synopsis
This is a 13 single family lot subdivision.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change and Zoning
District Amendment
2. Developer's Agreement
TERREY PINE VILLAS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 15-2002-PUD-10-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed fiom the
Rural Zoning District on 4.97 acres be placed in the R1-9.5 Zoning District, and amended within
the R1-22 Zoning District on 1.42 acres, and 15-2002-PUD-10-2002 (hereinafter “PUD-10-
2002-R1-9.5”).
Section3. The land shall be subject to the terms and conditions of that certain
Developer’s Agreement dated as of June 4, 2002, entered into between Matrix Development,
LLC and the City of Eden Prairie, (hereinafter “Developer’s Agreement”). The Developer’s
Agreement contains the terms and conditions of PUD-10-2002-R1-9.5 and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-10-2002-R1-9.5, R1-9.5 is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-10-2002-R1-9.5, R1-9.5 is designed in such a manner to form a desirable
and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-10-2002-R1-9.5, R1-9.5 is justified by the design
of the development described therein.
D. PUD-10-2002-R1-9.5, R1-9.5 is of sufficient size, composition, and arrangement
that its construction, marketing, and operation is feasible as a complete unit
without dependence upon any subsequent unit.
Section5. The proposal is hereby adopted and the land shall be, and hereby is
. removed fiom the Rural Zoning District, and amended within the R1-9.5 Zoning District and
shall be included hereafter in the Planned Unit Development PUD-10-2002-R1-9.5, R1-9.5 and
the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision
1, subparagraph By shall be and are amended accordingly.
Section6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violationyy and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section7. This Ordinance shall become effective fiom and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
4th day of September, 2001, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting of the City Council of said City on the 4th day of
June, 2002.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on
EXHIBITA
Legal Description - Terrey Pine Villas:
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
Legal Description after filing the plat :
Lots 1-13 Block 1 and Outlot A, Terry Pine Villas
TERREY PINE VILLAS
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
SUMMARY OF
ORDINANCE NO. 15-2002-PUD-10-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summarv: This ordinance allows rezoning of land located on Terrey Pine Drive fiom
Rural Zoning District to the R1-9.5 Zoning District, and amending of land within the R1-22
Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this
property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on
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DEVELOPER’S AGREEMENT -
TERREY PINE VILLAS
THIS AGREEMENT, made and entered into as of April , 2002 by MAT=
DEVELOPMENT LLC, a Minnesota limited liability company, hereinafter referred to as
“Developer,” and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred
to as “City:”
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WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 6.39 acres, Planned Unit Development District Review with waivers on 6.39 acres,
Zoning District Change fiom Rural to R1-9.5 on 4.97 acres, Zoning District Amendment within
the R1-22 District on 1.42 acres, Preliminary Plat of 6.39 acres into 13 lots and 1 outlot, situated
in Hennepin County, State of Minnesota, for the construction of 13 single family homes, on 4.97
acres, more fully described in Exhibit A, attached hereto and made a part hereof, and said
acreage hereinafter referred to as “the Property;”
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2001-135
for Planned Unit Development Concept Review, Ordinance No. 15-2002-10-2002 for Planned
Unit Development District Review and Zoning District Change from Rural to R1-9.5 on 4.97
acres and Zoning Amendment in the R1-22 District on 1.42 acres, and Resolution No. 2001-136
for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as
follows: .. -
1. PLANS: Developer shall develop the Property in conformance with the materials
revised and stamp dated September 4,2001, reviewed and approved by the City Council
on September 4, 2001, (hereinafter the “Plans”) and identified on Exhibit B, subject to
such changes and modifications as provided herein.
2. PHASED DEVELOPMENT. Developer intends to purchase and develop the Property
in two phases (each, a “Phase”). Developer intends to purchase and develop the first
Phase of the Property (“Phase 1”) primarily during the 2002 construction season, and to
purchase and develop the second Phase (“Phase 2”) late in the 2002 construction season
or during the 2003 construction season. Phase 1 and Phase 2 will be generally as
depicted as set forth on Exhibit D attached hereto and made a part hereof. Any statement
to the contrary in this Agreement notwithstanding, all improvements and development of
the Property will be done on a phased basis, and all building permits, certificates of
occupancy, dedications to the City, and all other approvals referenced herein will be
issued and granted on a phased basis, provided however that all security posted by
Developer for the Project may be retained by the City until all improvements on the
Property are completed. Any reference to the “Propertf’ as it relates to such
improvements, development, permits, certificates, or dedications shall refer only to the
applicable Phase of the Property.
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3. EXEUBIT C: Developer agrees to the terms, covenants, agreements, arid conditions set
forth in Exhibit C.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property, construction thereon, or failure to
fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need
not issue a building or occupancy permit for construction or occupancy on the Property
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or llfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indekfy City, its elected and appointed officials, employees and
agents fiom and against any and all claims, demands, lawsuits, complaints, loss, costs
(including attorneys' fees), damages and injunctions relating to any acts, failures to act,
errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer shall not be released fi-om its responsibilities to release,
defend and indemnify because of any inspection, review or approval by City.
6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRATNAGE PLAN: Developer agrees that the
grading and drainage plan contained in Exhibit B is conceptual. Prior to the
release of a land alteration permit for the Property, Developer shall submit and
obtain the City Engineer's written approval of a final grading and drainage plan
for the Property. The final grading and drainage plan shall include all water
quality ponds, storm water detention areas and other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Prior to release of the grading
bond, Developer shall certiQ to the City that the water quality pond conforms to
the final grading plan. Prior to issuance of any occupancy permit for the Property,
Developer shall complete implementation of the approved plan.
.
Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor construction for conformance to the
approved final grading plan and City erosion control policy. The design
professional shall provide a final report to the City certifjmg completion of the
grading in conformance the approved final grading plan and City erosion control
policy.
B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer
shall submit to the City Engineer and obtain City Engineer's written approval of
an erosion control plan for the Property. The erosion control plan shall include all
2129255~6
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boundary erosion control features, temporary stockpile locations and turf
restoration procedures: All site grading operations shdl confoim to the City's
Erosion Control Policy labeled Exhibit E, attached hereto and made a part hereof.
Prior to release of the grading bond, Developer shall complete implementation of
the approved plan.
7.
8.
9.
10.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Developer shall provide a
preconstruction and a post construction survey for evaluation by City.
IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
Developer agrees to complete implementation of the approved irrigation plan in
accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy
permit for the Property.
LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of a final landscape plan
for the Property. The approved landscape plan shall be consistent with the quantity, type,
and size of plant materials shown on the landscape plan on Exhibit B. Developer shall
furnish to the City Planner and receive the City Planner's approval of a landscape bond
equal to 150% of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved landscape plan in accordance with the terms and
conditions of Exhibit C.
STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer, and obtain the City Engineer's written approval of plans for public watermain
and private storm sewer. Plans for public infiastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent
of construction value shall be paid to City by Developer. The design engineer shall
provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
PUD WAIVERS GRANTED: The city hereby grants the following waivers to City
Code requirements within the R1 9.5 Zoning District and R1-22 District through the
Planned Unit Development District Review for the Property and incorporates said
waivers as part of PUD {list PUD number):
0 Lot size less than 9,500 sf. as shown on Exhibit B.
0 Lot fkontage less than 70 feet as shown on Exhibit B.
Side yard setback fiom 10 feet to 4 feet as shown on Exhibit B.
0 Shoreland structure setback fiom 150 feet to 140 feet.
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11. REMOVAL/SEALING OF EXISTING WELL AM) SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property. The foregoing notwithstanding, the City and
Developer acknowledge that the Property contains homes in which the current fee
owners presently reside. Concurrent with Developer's construction of the sewer and
water lines to the Property, Developer shall stub City sewer and water lines to the
boundary of all lot@) in which said homes are located, and shall demolish the existing
septic system servicing the house located on Lots 7 and.8, Block 1. Prior to the issuance
of the first building permit for the Property, the fee owners of Lot 1, Block 1, shall
demolish the existing septic systems, if any, and connect City sewer and water lines to
the home located on Lot 1, Block 1. Anything in this Agreement to the contrary
notwithstanding, in no event shall Developer or the fee owner be obligated to demolish or
remove the septic systems or wells servicing the home located on Lot 1, Block 1 until
such time as such home is fully serviced by City sewer and water.
.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of $ to guarantee that Developer completes implementation of the
approved plan. The city shall return to Developer the $ deposit at such
time as the Chief Building Official has verified in writing that the Developer has
completed implementation of the approved plan.
12. TREE LOSS - TREE REPLACEMENT: There are 4,700 diameter inches of
significant trees on the Property. Tree loss related to development on the Property is
calculated at 392 diameter inches. Tree replacement required are 78 caliper inches. Prior
to the issuance of any grading-pennit for the Property, Developer shall submit to the City
Forester and receive the City Forester's Written approval of a tree replacement plan for 78
caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size
for a shade tree and a 7-fOOt minimum height for conifer trees. The approved plan shall
also provide that, should actual tree loss exceed that calculated herein, Developer shall
provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
Developer shall complete implementation of the approved tree replacement plan prior to
issuance of the final certificate of occupancy.
13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any
portion of the Property, Developer shall sign an assessment agreement, in a form and
substance as attached in Exhibit F, with the City for trunk sewer area charge and water
main area charge assessments on an assessable area of 4.97 acres in the amount of
$24,578.50.
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IN WITNESS WHEXEOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
MATRIX DEVELOPMENT, LLC
a Minnesota limited liability company
CITY OF EDEN PRAIRIE
a Minnesota municipal corporation
BY Frank Thera, President Nancy Tyra-Lukens, Mayor
Scott H. Neal
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by Nancy
Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
) ss.
STATE OF MINNEXOTA
COUNTY OF HENNEPIN
Notary Public
1
) ss.
1
-
The foregoing instrument was acknowledged before me 'this day of- 2002, by
Frank Thera, the President of Matrix Development, LLC, a Minnesota lirmted liability company,
on behalf of the company.
Notary Public
5
Legal Description
Terrev Pine Villas
Legal Description
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-1 16-22-34-0001
That part of the south 1/4 of the south 1/2 of the southwest 114 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west from a point in the south line
of the southwest 1/4 distance 1371 feet.
Legal Description after filing the plat :
Lots 1-13, Block 1, and Outlot A, Terrey Pine Villas
21292556
Exhibit B
0 Cover sheet dated by Ryan Engineering
0 Preliminary Plat dated by Ryan Engineering
0 Preliminary Site and Utility plan dated by Ryan Engineering
Preliminary Grading and Tree preservation Plan dated by Ryan Engineering
Existing Surrounding Developments dated by Ryan Engineering
0 Written Narrative :Terrey Pine Villas” dated by Ryan.Engheering
0 Floor Plans and Elevations dated by Planning and Design
DEVELOPER'S AGREEMENT
E-IT C
I.
II.
m.
-
rv.
V.
VI.
VII.
Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =loo' scale) showing existing and
proposed contours, proposed streets, and lot arrangements and size, minimum floor
elevations on each lot, preliminary alignment and grades for sanitary sewer, water main,
and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch
basins, mows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to the City.
Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations
of said Watershed District.
Developer shall pay cash park fees as to all of the Property required by City Code in
effect as of the date of the issuance of each building permit for construction on the
property. Presently, the amount of cash park fees applicable to the Property is $2,100 per
unit. The amount to be paid by Developer shall be increased or decreased to the extent
that the City Code is amended or supplemented to require a greater or lesser amount as of
the date of the issuance of any building permit for construction on the Property.
If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not
oppose the City's reconsideration and rescission of any Rezoning, Site Plan review
andor Guide Plan review approved in connection with this Agreement, thus restoring the
status of the Property before the Developer's Agreement and all approvals listed above
were approved.
Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
The Developer hereby irrevocably nominates, constitutes, and appoints and designates
the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identifl the legal description of the Property after platting thereof.
Developer represents that it has marketable fee title to the Property, except:
Fee ownership by David S. Kasid and Carolyn M. Anderson, each of whom
has entered into a valid and binding purchase agreement to convey the
portions of the Property that he or she owns to Developer.
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows at the time of dedication or conveyance:
21292536 c-1
A. That Developer will have madcetable fee title fiee and clear of all mortgages,
liens, and other encumbrances. Prior to release of the find plat, Developer shall
provide to the City a current title insurance policy insuring such a condition of
title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come' in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Mh. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That, to the best knowledge of Developer, no previous owner, operator or
possessor of the Property deposited, stored, disposed of, placed or otherwise
allowed in or on the Property any hazardous substances.
Developer agrees to indemnify, defend and hold harmless City, its successors and
assigns, against any and all loss, costs, damage and expense, including reasonable
attorneys fees and costs that the City incurs because of the breach of any of the above
representations and warranties andor resulting from or due to the release or threatened
release of Hazardous Substances which were, or are claimed or alleged to have been,
used, employed, deposited, stGred, disposed of, placed, or othenvise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents,
contractors or representatives.
'
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11 ,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop
the Property in accordance with the requirements of all applicable City Code
requirements and City Ordinances.
IX. Prior to release of the final plat, Developer shall pay to City fees for the first three (3)
years' street lighting on the public streets adjacent to the Property (including installation
costs, if any, as determined by electrical power provider), engineering review, and street
signs. Such fees shall not exceed $600 per each 400 lineal feet of the Property.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle
access plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
21292556 c-2
XI.
-
L
Developer acknowledges that the rights of the City and the performance of obligations of
Developer contemplated in this agreement are special, unique, and of an extraordinary
character, and that, in the event that Developer violates, or fails, or rehes to perform any
covenant, condition, or provision made herein, City may be without an adequate remedy
at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses
to perform any covenant, condition, or provision made herein, City may, at its option,
institute and prosecute an action to specifically enforce such covenant, withhold building
permits or rescind or revoke any approvals granted by the City. No remedy conferred in
this agreement is intended to be exclusive and each shall be cumulative and shall be in
addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
XII.' Developer shall, prior to the commencement of any improvements, provide Written notice
to Time Warner Cable, a Minnesota Limited Partnership, the fianchisee under the City's
Cable Communication Ordinance (80-33) of the development contemplated by this
Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth
Avenue North, Minneapolis, Minnesota 5541 1.
Xm. Prior to building permit issuance for a Unit, all fees associated with the building permit
for that unit shall be paid to the City, including; Building permit fee, plan check fee, City
SAC and City water access charge (WAC), and park dedication fees. Prior to building
permit issuance for any Unit in the Property, all State surcharge and metro system access
charge (SAC) for the Property shall be paid to the Inspections Department. Contact
Metropolitan Waste Control to determine the number of SAC units.
XIV. Prior to building permit issuance, existing structures, wells and septic systems (if present) '
shall be properly abandoned br removed as required by City ordinance and all permits
obtained through th'e Inspections Department.
XV. Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
XVI. The City shall not issue any building permit for the construction of any building,
structure, or improvement on the Property until all requirements listed in this Exhibit C
have been satisfactorily addressed by Developer.
XVII. No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected fiom the general credit, general fund or taxing powers of the
City.
2129255~6 c-3
z
EXHIBITD
PHASINGPLAN
(SEE ATTACHED MAP ON FOLLOWING PAGE)
2129255~6
EXHIBITE
EROSION CONTROL POLICY August 1,1997
1.
2.
3.
4.
5.
6.
2129255~6
All construction projects permitted by the City of Eden Prairie which results in'the
temporary disturbance of vegetative or non-vegetative surfaces protecting soils fkom
erosion require the use of Best Management Practices (BMP's) as outlined in the
Minnesota Pollution Control Agency's manual, Protecting Water Quality in Urban Areas,
to mitigate the impact of erosion on wetland and water.resources. The City Engineer or
the Director of Inspections may impose special conditions to permits which stipulate
erosion control procedures andor direct the installation of erosion control features or the
clean up of erosion at construction sites. Permits affected by this policy include all
grading permits, building permits, and permits for the installation of utilities.
All erosion control systems stipulated in the permit application shall be installed prior to
the issuance of the permit. Supplemental erosion control systems ordered by the City
Engineer or the Director of Inspections shall be installed within 48 hours of that order.
All erosion control systems must be maintained by the applicant in a hctional condition
until the completion of turf andor structural surfaces which protect the soil fkom erosion.
The applicant must inspect erosion control biweekly and immediately after each rainfall
event of .5 inches or more. Needed maintenance shall be performed within 48 hours.
Best Management Practices (BMP's) shall be utilized at all construction sites to minimize
the trackage or spillage of soil on public streets or highways. BMP's may include, but are
not 'limited to, rock construction entrances, washing stations, fkequent cleaning of streets
adjacent to the construction site or limiting operations when site conditions are
unmanageable. Trackage or spillage of soil on a public street or highway must be
cleaned by power sweepers within the time fkame stipulated in the permit special
conditions or as ordered by the City Engineer or the Director of Inspections.
If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right-of-entry fkom the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto
or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall
remove the soil material and thoroughly sweep the street or sidewalk surface within four
hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water
bodies, clean up and repair shall be immediate. The applicant shall provide all traffic
control and flagging required to protect the traveling public during the clean up
operations.
When an applicant fails to conform to any provision of this policy within the time
stipulated in a written notification, the City may take the following actions:
E-I
a Withhold the scheduling of inspections and/or the issuance of a Certijicate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this
Agreement andor an action to specifically enforce performance of this
. Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control.
All costs, including but not limited to, attorneys' fees and engineering fees incurred by
the City in correcting erosion control deficiencies or enforcing this policy shall be
reimbursed by the applicant. All invoices for erosion control correction shall be due and
payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of
1 % per month or the highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to
which the permit applies. Invoices more than 30 days old on September 30 or any year or
on any other date as determined by the City Engineer or the Director of Inspections may
be assessed against the property. As a condition of the permit, the owner shall waive
notice of any assessment hearing to be conducted by the City, concur that the benefit to
the property exceeds the amount of the proposed assessment and waive all rights by
vime of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of
the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy
dated August 1, 1997 as set forth and agree to fully comply therewith to the satisfaction of the
City of Eden Prairie, Minnesota.
By: By:
DEVELOPMENT NAME: Lot: Block:
Owner's Signature Applicant's Signature
OWNER INFORMATION OWNER@RINT):
ADDRESS
CITY STATE ZIP
2129255~6
E-2
AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR AREA CHARGES
THIS IS AN AGREEMENT MADE THIS - day of ,2002, between the City
of Eden Prairie, a municipal corporation, (the "City") and Matrix Development, LLC, a Minnesota
limited liability company (the t'Ownert').
A. The Owner holds legal and equitable title to property described in Exhibit A, attached
hereto, which property is the subject of this Agreement and is hereinafter referred to as the "Property".
B. The owner desires to develop the property in such a manner that requires the
construction of a trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated
storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement").
C. The parties hereto desire to enter into an Agreement concerning the financing of the area
charges, all of which will inure to the benefit of the Property.
AGREEMENTS
IT IS HEREBY AGREED as follows:
1. The Owners consent to the levying of assessments against the Property in the amount of
$24,578.50 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a "pending
assessment'! until levied. -
3. The Owners waive notice of any assessment hearing to be held at which hearing or
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4. The Owners concur that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to ,be levied against the Property, The
Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to
challenge the amount or validity of the assessments, or the procedures used by the City
in apportioning the assessments and hereby releases the City, its officers, agents and
employees fiom any and all liability related to or arising out of the imposition or levying
of the assessments.
5. Special assessments levied against the Property shall be due and Payable in installments,
the first of which shall be payable commencing with the ad valorem taxes due and
payable in the year following the year the special assessments are levied. The City shall
levy the trunk assessments in 2002.
6. This agreement shall be effective immediately.
F-1
21292551.6
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
Matrix Development, LLC
A Minnesota limited liability company
CITY OF EDENPRAlRIE
A Minnesota Municipal Corporation
By: By:
Its Nancy Tyra-Lukens, Mayor
Scott H. Neal, City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by Nancy
Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota
municipal corporation, on behalf of the corporation.
Notary Public -
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of- 2002,
by Frank Thera, the president of Matrix Development, LLC, a Minnesota limited liability company, on
behalf of the company.
Notary Public
"HIS I"T WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
F-2
P
AGENDA
EDEN PRAIRIE CITY COUNCIL WORKSHOPLFORUM
TUESDAY, JUNE 4,2002 CITY CENTER
5100 - 6:25 PM, HERTTAGE ROOM II
6:30 - 7:OO PM, COUNCIL CECAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Services Director
Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development
and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene
McWaters a
!6:30 -~ in the Council -ll__l_-----l Chambed
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.)
A.
OPEN PODIUM (Unscheduled participants, 6:50-7:00 p.m.)
Ray Lindquist - Thanking Council and Police for support on stop arm violations
VI.
VII. ADJOURNMENT
AGENDA
EDEN PRATRIE CITY COUNCIL
TUESDAY, JUNE 4,2002 7:OO PM, CITY CENTER
Council Chamber
8080 Mitchell Road
CITY COUNCIL: Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case,
David Luse kd Jan Mosman
CITY STAFF: City Manager Scott Neal, Parks & Recreation Services Director Bob Lambert,
Public Works Services Director Eugene Dietz, Community Development and Financial Services
Director Don Uram, City Planner Michael Franzen, City Attorney Ric Rosow and Council Recorder
Jan Nelson Curielli
1. I. ROLL CALL / CALL THE MEETING TO ORDER
11. PLEDGE OF ALLEGIANCE
- 111. COUNCIL FORUM INVITATION
IV. APPROVAL OF AGENDA AND OTHER ITEMS OF BUSINESS
V. MINUTES
A. CITY COUNCIL WORKSHOP HELD MAY 7,2002
B. CITY COUNCIL WORKSHOP HELD MAY 21,2002
VI. CONSENT CALENDAR
A. CLERK’S LICENSE LIST
B. TERREY PINE VILLAS by Matrix Development, LLC. 2nd Reading Planned
Unit Development District Review with waivers on 6.39 acres, Zoning District
Change fiom Rural to R1-9.5 on 4.97 acres and Zoning District Amendment within
the R1-22 Zoning District on 1.42 acres. Location: Terrey Pine Drive. (Ordinance
for PUD District Review, Zoning District Change and Zoning District
Amendment)
C. ADOPT RESOLUTION APPROVING FINAL PLAT OF TERREY PINES
D. APPROVE CHANGE ORDER NO. 1 FOR FLAGSHIP CORPORATE
CENTER ACCESS DRIVE - PHASE II, I.C. 00-5517
E. ADOPT RESOLUTION APPROVING PRELIMINMY LAYOUT PLANS
FOR CHARLSON ROAD / TH 212, I.C. 98-5470
CITYCOUNCILAGENDA
Jime 4,2002
Page 2
F. APPROVE PLANS AND SPECIFICATIONS FOR MTI'CEIELL ROAD
DRAINAGE IMPROVEMENTS ADJACENT TO ATHERTON
TOWNHOMES, I.C. 015540
G. APPROVE PROFESSIONAL SERVICES AGREEMENT FOR UPPER
EDEN LAKE SEDIMENT REMOVAL, I.C. 02-5575
H. APPROVE ENGINEERING SERVICES AGREEMENT WITH HTPO FOR
PIONEER TRAILD'LYING CLOUD DRIVE UTILITY IMPROVEMENTS,
I.C. 52-204
I. DIRECT STAFF TO NOT WAIVE THE MONETARY LIMITS ON
MUNICIPAL TORT LIABILITY ESTABLISHED BY MN STATUTE 3 466.04
J. APPROVE LEASE WITH CEEFAY LEASING, LLC (DU" BROS.
PRAIlUE ROAD
COFFEE) FOR SMITH-DOUGLAS-MORE PROPERTY AT 8107 EDEN
VII. PUBLIC HEARINGS / MEETINGS --
A. SPECIAL ASSESSMENT HEARING FOR THE CRESTWOOD TERRACE
NEIGHBORHOOD
B. GUIDE PLAN UPDATE - AIRPORT ELEMENT by the City of Eden Prairie.
Request for approval of the Aviation Goals, Chapter 2 and Airport Element,
Chapter 6, to be included as part of the approved Guide Plan Update. (Resolution
for Adopting Airport Element of the Comprehensive Guide Plan Update)
(Continued fi-om May 21,2002)
VIII. PAYMENT OF CLAIMS
IX. ORDINANCES AND RESOLUTIONS ____
X. PETITIONS, REQUESTS AND COMMUNICATIONS
XI. REPORTS OF ADVISORY BOARDS & COMMISSIONS
XII. APPOINTMENTS
Xm. REPORTS OF OFFICERS
A. REPORTS OF COUNCILMEMBERS
B. REPORT OF CITY MANAGER
1. Proposed Hennepin Countv LRT Studv
CITYCOUNCILAGENDA
June4,2002 -
Page 3
XIV.
xv.
- 5
C. REPORT OF PARKS AND RECREATION SERVICES DIRECTOR .
D. REPORT OF COMMUNITY DEVELOPMENT AND F"ANCJAL
SERVICES DIRECTOR
REPORT OF PUBLIC WORKS SERVICES DIRECTOR
1. Crestwood Terrace Area Improvements
E.
a.
b. Contract for Improvements (Resolution)
Approval of Special Assessment mesolution)
F. REPORT OF PUBLIC SAFETY SERVICES DIRECTOR
G. REPORT OF MANAGEMENT SERVICES DIRECTOR
H. REPORT OF CITY ATTORNEY
.
1. Protocol for Public Meeting on Smoke-Free Ordinance
OTHER BUSINESS '
ADJOURNMENT
UNAPPROVED mS
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, MAY 7,2002 CITYCENTER
5:OO - 6~25 PM, HERITAGE ROOM II
6:30 - 7:OO PM, COUNCIL CaAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Director of Parks and Recreation
Services Bob Lambert, Community Development and Financial Services Director Don Uram, City
Attorney Ric Rosow, and Recorder Lorene McWaters
Heritage Room 11
I. CALL MEETING TO ORDER
11. APPROVAL OF AGENDA
111. PRESENTATIONS BY COLLEGE STUDENTS REGARDING RECYCLING OF
BUILDING COMPONENTS
Finance Director Don Uram said he has been investigating ways in which the abandoned
Old Police Building might be “recycled” instead of simply demolished. As part of his
research, Uram contacted the University of Minnesota Architecture School. Five teams
of students from a University of Minnesota School of Architecture Sustainable Building
class taught by Rick Carter presented concepts for a proposed Miller Park Pavilion based
on materials salvaged from the Old Police Building. Parks Director Bob Lambert and
Mayor Tyra-Lukens thanked the students for the thought and effort they put into these
projects.
IV. OTHER TOPICS
Phosphorus Legislation
Mayor Tyra-Lukens said she received a letter pointing out that although recent legislation
will ban use of phosphorus in fertilizers after August 1, it does not prohibit the sale of
phosphorus. Mosman said that the Council may want to consider closing up this loophole
by passing a local ordinance to ban the sale of phosphorus. Luse suggested referring the
matter to City Attorney Ric Rosow. Case asked Rosow to prepare a memo for Council’s
review by late June.
I
Second Hand Smoking Ordinance
Mayor Tyra-Lukens said she had spoken with City Manager Neal about how to best go
about designing a second-hand smoke task force. She said they concluded makeup of
any task force would depend largely on which particular issue the Council decides they
want to tackle. Tyra-Lukens said she believes all of the Councilmembers agree they want
to do something in regard to second-hand smoke, but the question remains how extensive
any ordinance should be and how it should be implemented.
Case said that since everyone seems to agree that some sort of ordinance is in order,
perhaps the Council should forgo creation of a task force and go right to work on a draft
ordinance. The Council could then focus on extent of the ban and methods, of
implementation. Case suggested that, assuming an ordinance is passed, the City
publicize our smoke-free status regionally to attract individuals who prefer not to be
around second-hand smoke.
Mosman said she feels the Council will encounter resistance if they pass an ordinance
without taking public input. Butcher said her perspective all along has been that a task
force that would explore all sides of the issue would be created. She also urged the
Council to do research into what other communities are doing. She said it would be
dangerous for five individuals to make such an important decision without getting
community input. Butcher also suggested the possibility of holding a referendum on any
proposed ordinance. Mosman said that she fears that if a referendum is held, it will come
down to which side spends the most money on publicizing their point of view. Butcher
said she doesn’t think the controversy will dissipate even after any ordinance is passed.
Luse said that the Council must keep in mind the best interest of the entire mass of
people. He said if an ordinance is passed, it must be all-inclusive and that there should
not be any “half measures.” Luse noted that although Duluth is often touted as being
completely smoke-free, its ordinance applies only to establishments that serve food, and
that stand-alone bars do allow smoking. He also warned that the City will be looking at
protracted legal expenses if it chooses to pursue an ordinance. Butcher said she doesn’t
mind Eden Prairie standing as an island, as long as the majority of citizens approve of the
decision.
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-650 p.m.)
No one was scheduled to speak at Open Forum.
VI. OPEN PODIUM (Unscheduled participants, 650-7:00 p.m.)
No one requested to speak at Open Podium.
VII. ADJOURNMENT
UNAPPROVED MINUTES
EDEN PRAIRIE CITY COUNCIL WORKSHOP/FORUM
TUESDAY, MAY 21,2002 CITYCENTER -
COUNCIL CHAMBER
CITY COUNCIL:
Mayor Nancy Tyra-Lukens, Councilmembers Sherry Butcher, Ron Case, David Luse and
Jan Mosman
CITY STAFF:
City Manager Scott Neal, Public Safety Director Jim Clark, Public Works Services Director
Eugene Dietz, Director of Parks and Recreation Services Bob Lambert, Community Development
and Financial Services Director Don Uram, City Attorney Ric Rosow, and Recorder Lorene
McWaters
Heritage Room 11
I. CALL MEETING TO ORDER
Mayor Tyra-Lukens called the meeting to order at 5:30 p.m.
11. APPROVAL OF AGENDA
Mosman moved, seconded by Case to approve the agenda. Motion carried 5-0.
111. SECOND HAND SMOKE
City Attorney Ric Rosow reviewed a draft ordinance his office prepared for discussion.
The ordinance includes:
0 Findings on the health effects of second-hand smoke
0 A section that defines terms referenced later in the document
0 A section pertaining specifically to City-owned vehicles
0 General restrictions, rules of enforcement, and proposed effective date
Rosow said the draft was developed for the Council to use as a working document. It is
designed to allow the Councilmembers to choose which portions to retain, delete andor
revise. Rosow said the ordinance is based on existing ordinances fiom other Minnesota
cities and municipalities throughout the country. Councilmember Butcher asked how
closely this draft resembles Duluth's ordinance. Rosow said he could provide a written
comparison to other Minnesota ordinances for later review by the Council.
Tyra-Lukens proposed holding a two-hour special meeting to hear public testimony on a
possible second hand smoking ordinance. Similar to Hennepin County Board Meetings,
each speaker would be allowed a maximum of three minutes. Pro and con speakers would
alternate. The Council could choose to take action at the end of the meeting or wait until
the next Council meeting to proceed.
Tyra-Lukens said she was hesitant to appoint a task force at this point. She strongly
believes that restricting exposure to second-hand smoke is strictly a health issue, and not
a topic conducive to debate. She said she could see appointing a task force to help with
implementation issues after an ordinance is passed.
Luse said smoking is not just a health issue, but a personal rights issue. He was
concerned about negative public perception of the Council deciding not to appoint a task
force after taking action to do so at the April 16 meeting. He said if a public meeting is
held, three minutes per speaker is probably not long enough. Tyra-Lukens noted that the
public has other options for expressing opinions to the Council, including phone calls, e-
mails and letters. The purpose of the public hearing should be to hear new information
and opinions. Mosman said it would be difficult for the Council to sit through more than
a couple of hours of testimony, and that the public should be encourage to write and call
as well.
Butcher said she was disconcerted by the proposed process. She thought the Council had
agreed to discuss formation of a task force at this meeting. She wondered whose idea it
was to instead create the draft ordinance that was presented. She said this was “putting
the cart before the horse.” She said she was not even at the point of deciding whether or
not it is the Council’s role to regulate second-hand smoke. She said the first order of
business is to determine how to get public input, both pro and con. She urged the rest of
the Council to consider other options as well, such as holding a referendum or supporting
lobbying for a statewide second-hand smoke ordinance.
Rosow said that before the April 16 meeting, he had forwarded a draft motion to create a
task force to study second hand smoking ordinance to Carl Jullie, who was City Manager
at the time. The Council chose not to take action on the motion Rosow had drafted, but
indicated a desire to discuss the issue at a Workshop. Rosow and Jullie met to discuss
how to best provide the Council with a starting point for discussion of a possible
ordinance. They agreed Rosow would create a draft ordinance that would allow for
extensive input by the Council and provides choices fiom which they could pick and
choose.
Case said if a public meeting is held, it is critical not to make any final decisions that
night. He needs time to consider the input before making any decision. He said he was
also struggling with some of Butcher’s suggestions. His understanding fiom the April 16
meeting was that staff was directed to come back to the Council with recommendations
on how to approach the issue. Case said a referendum works best when the choices are
black and white. He said he could not envision how the public could vote on a proposed
ordinance when they may be in favor of portions of it but not agree with other parts. He
said this is one of the times when the Council is faced with clear issues of right and
wrong and truthfblness. Butcher said a referendum would ask voters only whether or not
they favored an ordinance, not what would be contained in the ordinance.
Tyra-Lukem reiterated that she believes regulating second hand exposure is a public
health issue and that ifthe tobacco lobbyists are given the chance to throw money at the
Iv.
issue, the truth will become obscured. Butcher replied that it is also about public policy
and regulating an activity that is legal. Luse said that although the Council’s ultimate
decisions will probably be based on the interest of public health, they cannot bypass the
opinions of a whole host of others who may feel merently. Tyra-Lukens suggested
using the draft ordinance as a framework for talking points for the public at a special
meeting, and that the Council could announce at the beginning of the meeting that
passage of an ordinance is not a foregone conclusion.
Luse said the issue is too divisive to be decided by referendum. He would prefer the City
conduct a survey of residents. Luse also said he felt the appearance by the “Clean Air on
the Prairie” group rushed the Council into taking action on an issue it was not ready to
consider. Case disagreed, saying he had been hearing from various groups and
individuals on this topic for at least six months. He said the Council has taken up the
issue because they feel a resonance with it.
Tyra-Lukens said some of the comments made by other Councilmembers lead her to
believe not everyone agrees that second-hand smoke really is a health issue. She said
health professionals have known for more than 20 years that second hand smoke is
detrimental to health, and that’s where the role of Council as leaders comes in. It is time
to do something about it. Tyra-Lukens said it is unusual as a Councilmember to hear
positive comments fiom constituents, but that she has repeatedly been told that they are
doing the right thing in considering this ordinance.
Case said that he feels the accusations that have been made by some about the Mayor’s
alleged conflict of interest stemming from volunteer work she did over 15 years ago
shows how dangerous it would be to form a task force that would include tobacco
lobbyists.
Tyra-Lukens asked if the Council was ready to come to an agreement on what action to
take regarding holding a special meeting. Rosow said any action would have to be taken
as part of the regular Council meeting. Council agreed to add this item to the Council
agenda for Mer discussion.
OTHER TOPICS
Council Chamber
V. OPEN FORUM (Scheduled participants, 6:30-6:50 p.m.)
No one was scheduled to appear at Open Forum.
VI. OPEN PODIUM (Unscheduled participants, 650-7:00 p.m.)
No one requested to speak at Open Podium.
VII. ADJOURNMENT
CITYCOUNCIL,AGENDA
SECTION Consent Calendar
DATE:
June 4,2002
ITEM DESCRIPTION: 1 Pohce / C.O.P. Unit I Clerk’s License Application List I Gretchen Laven
ITEM NO.: A,
These licenses have been approved by the department heads responsible for the licensed activity.
Gambling - Raffle
Organization: H.E.A.R.T., hc.
Place: Olympic Hills Country Club
Date: August 5,2002
i
-1-
CITYCOUNClLA~NDA
SECTION: Consent Agenda
Community Development
Donald R. Uram
DATE: 06-04-02 I
ITEM NO.:
Requested Action
Move to:
0 Approve 2nd Reading of the Ordinance for Planned Unit Development District Review with
waivers on 6.39 acres and Zoning District Change fiom Rural to R1-9.5 and Zoning District
Amendment within the R1-22 Zoning District; and
Approve the Developer's Agreement for Terrey Pine Villas.
Synopsis
This is a 13 single family lot subdivision.
Attachments
1. Ordinance for PUD District Review with waivers and Zoning District Change and Zoning
District Amendment
2. Developer's Agreement
CITY OF EDEN PRAIRIE
HENNEPIN COUNTY, MINNESOTA
ORDINANCE NO. 15-2002-PUD-10-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAM) FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHER,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND,
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Section 1. That the land which is the subject of this Ordinance (hereinafter, the
“land”) is legally described in Exhibit A attached hereto and made a part hereof.
Section 2. That action was duly initiated proposing that the land be removed fiom the
Rural Zoning District’on 4.97 acres be placed in the R1-9.5 Zoning District, and amended within
the R1-22 Zoning District on 1.42 acres, and 15-2002-PUD- 10-2002 (hereinafter “PUD-10-
2002-R1-9.5”).
Section3. The land shall be subject to the terms and conditions of that certain
Developer’s Agreement dated as of June 4, 2002, entered into between Matrix Development,
LLC and the City of Eden Prairie, (hereinafter “Developer’s Agreement”). The Developer’s
Agreement contains the terms and conditions of PUD-10-2002-R1-9.5 and are hereby made a
part hereof.
Section 4. The City Council hereby makes the following findings:
A. PUD-10-2002-R1-9.5, R1-9.5 is not in conflict with the goals of the
Comprehensive Guide Plan of the City.
B. PUD-10-2002-R1-9.5, R1-9.5 is designed in such a manner to form a desirable
and unified environment within its own boundaries.
C. The exceptions to the standard requirements of Chapters 11 and 12 of the City
Code that are contained in PUD-10-2002-R1-9.5, R1-9.5 is justified by the design
of the development described therein.
D. PUD-10-2002-R1-9.5, R1-9.5 is of sufficient size, composition, and arrangement
that its construction, marketing, and operation is feasible as a complete unit
without dependence upon any subsequent unit.
Section5. The proposal is hereby adopted and the land shall be, and hereby is
removed from the Rural Zoning District, and amended within the R1-9.5 Zoning District and
shall be included hereafter in the Planned Unit Development PUD-10-2002-R1-9.5, R1-9.5 and
the legal descriptions of land in each district referred to in City Code Section 11.03, subdivision
1, subparagraph By shall be and are amended accordingly.
Section6. City Code Chapter 1 entitled “General Provisions and Definitions
Applicable to the Entire City Code Including Penalty for Violation” and Section 11.99 entitled
“Violation a Misdemeanor” are hereby adopted in their entirety by reference, as though repeated
verbatim herein.
Section7. This Ordinance shall become effective from and after its passage and
publication.
FIRST READ at a regular meeting of the City Council of the City of Eden Prairie on the
4th day of September, 2001, and finally read and adopted and ordered published in summary
form as attached hereto at a regular meeting of the City Council of said City on the 4th day of
June, 2002.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on
EXHIBIT A
Legal Description - Terrey Pine Villas:
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
Legal Description after filing the plat :
Lots 1-13 Block 1 and Outlot A, Terry Pine Villas
TERREY PINEVILLAS
CITY OF EDEN PRAIRIE
EENNEPIN COUNTY, lMI"ES0TA
SUMMARY OF
ORDINANCE NO. 15-2002-PUD-10-2002
AN ORDINANCE OF THE CITY OF EDEN PRAIRIE, MINNESOTA, REMOVING
CERTAIN LAND FROM ONE ZONING DISTRICT AND PLACING IT IN ANOTHEX,
AMENDING THE LEGAL DESCRIPTIONS OF LAND IN EACH DISTRICT, AND
ADOPTING BY REFERENCE CITY CODE CHAPTER 1 AND SECTION 11.99,
WHICH, AMONG OTHER THINGS, CONTAIN PENALTY PROVISIONS
THE CITY COUNCIL OF THE CITY OF EDEN PRAIRIE, MINNESOTA, ORDAINS:
Summan/: This ordinance allows rezoning of land located on Terrey Pine Drive from
Rural Zoning District to the R1-9.5 Zoning District, and amending of land within the R1-22
Zoning Districts. Exhibit A, included with this Ordinance, gives the full legal description of this
property.
Effective Date: This Ordinance shall take effect upon publication.
ATTEST:
Kathleen A. Porta, City Clerk Nancy Tyra-Lukens, Mayor
PUBLISHED in the Eden Prairie News on
DEVELOPER'S AGREEMENT
TERREY PINE VILLAS
THIS AGREEMENT, made and entered into as of April , 2002 by MATRIX
DEVELOPMENT LLC, a Minnesota limited liability company, hereinafter referred to as
"Developer," and the CITY OF EDEN PRAIRIE, a municipal corporation, hereinafter referred
to as "City:"
.I
WITNESSETH:
WHEREAS, Developer has applied to City for Planned Unit Development Concept
Review on 6.39 acres, Planned Unit Development District Review with waivers on 6.39 acres,
Zoning District Change from Rural to R1-9.5 on 4.97 acres, Zoning District Amendment within
the R1-22 District on 1.42 acres, Preliminary Plat of 6.39 acres into 13 lots and 1 outlot, situated
in Hennepin County, State of Minnesota, for the construction of 13 single family homes, on 4.97
acres, more filly described in Exhibit A, attached hereto and made a part hereof, and said
acreage hereinafter referred to as "the Property;"
NOW, THEREFORE, in consideration of the City adopting Resolution No. 2001-135
for Planned Unit Development Concept Review, Ordinance No. 15-2002-10-2002 for Planned
Unit Development District Review and Zoning District Change fkom Rural to R1-9.5 on 4.97
acres and Zoning Amendment in the R1-22 District on 1.42 acres, and Resolution No. 2001-136
for Preliminary Plat, Developer agrees to construct, develop and maintain the Property as
follows: , . -
1. PLANS: Developer shall develop the Property in conformance with the materials
revised and stamp dated September 4,2001, reviewed and approved by the City Council
on September 4, 2001, (hereinafter the "Plans") and identified on Exhibit B, subject to
such changes and modifications as provided herein.
2. PHASED DEVELOPMENT. Developer intends to purchase and develop the Property
in two phases (each, a "Phase"). Developer intends to purchase and develop the first
Phase of the Property ("Phase 1") primarily during the 2002 construction season, and to
purchase and develop the second Phase ("Phase 2") late in the 2002 construction season
or during the 2003 construction season. Phase 1 and Phase 2 will be generally as
depicted as set forth on Exhibit D attached hereto and made a part hereof. Any statement
to the contrary in this Agreement notwithstanding, all improvements and development of
the Property will be done on a phased basis, and all building permits, certificates of
occupancy, dedications to the City, and all other approvals referenced herein will be
issued and granted on a phased basis, provided however that all security posted by
Developer for the Project may be retained by the City until all improvements on the
Property are completed. Any reference to the "Propertf' as it relates to such
improvements, development, permits, certificates, or dedications shall refer only to the
applicable Phase of the Property.
1
3. EXHIBIT C: Developer agrees to the terms, covenants, agreements, ad conditions set
forth in Exhibit C.
4. DEVELOPER'S RESPONSIBILITY FOR CODE VIOLATIONS: In the event of a
violation of City Code relating to use of the Property, construction thereon, or failure to
fulfill an obligation imposed upon the Developer pursuant to this Agreement, City need
not issue a building or occupancy permit for construction or occupancy on the Property
while such a violation is continuing, unless waived by City.
The existence of a violation of City Code or the failure to perform or fulfill an obligation
required by this Agreement shall be determined solely and conclusively by the City
Manager of the City or a designee.
5. DEVELOPER'S RESPONSIBILITY FOR ITS CONTRACTORS: Developer shall
release, defend and indekfy City, its elected and appointed officials, employees and
agents flom and against any and'all claims, demands, lawsuits, complaints, loss, costs
(including attorneys' fees), damages and injunctions relating to any acts, failures to act,
errors, omissions of Developer or Developer's consultants, contractors, subcontractors,
suppliers and agents. Developer shall not be released fiom its responsibilities to release,
defend and indemnify because of any inspection, review or approval by City.
6. GRADING, DRAINAGE, AND EROSION CONTROL PLANS:
A. FINAL GRADING AND DRAINAGE PLAN: Developer agrees that the
grading and drainage plan contained in Exhibit B is conceptual. Prior to the
release of a land alteration permit for the Property, Developer shall submit and
obtain the City Engineer's written approval of a final grading and drainage plan
for the Property. The final grading and drainage plan shall include all water
quality ponds, storm water detention areas and other items required by the
application for and release of a land alteration permit. All design calculations for
storm water quality and quantity together with a drainage area map shall be
submitted with the final grading and drainage plan. Prior to release of the grading
bond, Developer shall certify to the City that the water quality pond conforms to
the final grading plan. Prior to issuance of any occupancy permit for the Property,
Developer shall complete implementation of the approved plan.
'
Developer shall employ the design professional who prepared the final grading
plan. The design professional shall monitor construction for conformance to the
approved final grading plan and City erosion control policy. The design
professional shall provide a final report to the City certifjhg completion of the
grading in conformance the approved final grading plan and City erosion control
policy.
B. EROSION CONTROL PLAN: Prior to issuance of a grading permit, Developer
shall submit to the City Engineer and obtain City Engineer's written approval of
an erosion control plan for the Property. The erosion control plan shall include all
2
7.
8.
9.
10.
*
c
boundary erosion control features, temporary stockpile locations and turf
restoration procedures: All site grading operations shall confoim to the City's
Erosion Control Policy labeled Exhibit E, attached hereto and made a part hereof
Prior to release of the grading bond, Developer shall complete implementation of
the approved plan.
Developer shall remove any sediment that accumulates in the existing and/or
proposed sedimentation pond during construction. Developer shall provide a
preconstruction and a post construction survey for evaluation by City.
IRRIGATION PLAN: Developer shall submit to the City Planner and receive the City
Planner's written approval of a plan for irrigation of the landscaped areas on the Property.
Developer agrees to complete implementation of the approved irrigation plan in
accordance with the terms and conditions of Exhibit C prior to issuance of any occupancy
permit for the Property.
LANDSCAPE PLAN: Prior to building permit issuance, the Developer shall submit to
the City Planner and receive the City Planner's written approval of a final landscape plan
for the Property. The approved landscape plan shall be consistent with the quantity, type,
and size of plant materials shown on the landscape plan on Exhibit B. Developer shall
furnish to the City Planner and receive the City Planner's approval of a landscape bond
equal to 150% of the cost of said improvements as required by City Code.
Prior to issuance of any occupancy permit for the Property, Developer agrees to complete
implementation of the approved landscape plan in accordance with the terms and
conditions of Exhibit C.
STREET AND UTILITY PLANS: Prior to issuance by the City of any permit for the
construction of streets and utilities for the Property, Developer shall submit to the City
Engineer, and obtain the City Engineer's written approval of plans for public watermain
and private storm sewer. Plans for public infirastructures shall be of a plan view and
profile on 24 x 36 plan sheets consistent with City standards. A permit fee of five percent
of construction value shall be paid to City by Developer. The design engineer shall
provide daily inspection, certify completion in conformance to approved plans and
specifications and provide record drawings.
PUD WAIVERS GRANTED: The city hereby grants the following waivers to City
Code requirements within the R1 9.5 Zoning District and R1-22 District through the
Planned Unit Development District Review for the Property and incorporates said
waivers as part of PUD [list PUD number):
0 Lot size less than 9,500 sf. as shown on Exhibit B.
0 Lot fiontage less than 70 feet as shown on Exhibit B.
0 Side yard setback fiom 10 feet to 4 feet as shown on Exhibit B.
0 Shoreland structure setback fiom 150 feet to 140 feet.
2129255-6
3
r
11. REMOVAL/SEALING OF EXISTING WELL AND SEPTIC SYSTEMS: Prior to
issuance by City of any permit for grading or building on the Property, Developer shall
submit to the Chief Building Official and to obtain the Chief Building Official's written
approval of plans for demolition and removal of existing septic systems and wells on the
Property, and restoration of the Property. The foregoing notwithstanding, the City and
Developer acknowledge that the Property contains homes in which the current fee
owners presently reside. Concurrent with Developer's construction of the sewer and
water lines to the Property, Developer shall stub City sewer and water lines to the
boundary of all lot(s) in which said homes are located, and shall demolish the existing
septic system servicing the house located on Lots 7 and. 8, Block 1. Prior to the issuance
of the first building permit for the Property, the fee owners of Lot 1, Block 1, shall
demolish the existing septic systems, if any, and connect City sewer and water lines to
the home located on Lot 1, Block 1. Anything in this Agreement to the contrary
notwithstanding, in no event shall Developer or the fee owner be obligated to demolish or
remove the septic systems or wells servicing the home located on Lot 1, Block 1 until
such time as such home is filly serviced by City sewer and water.
Prior to such demolition or removal, Developer shall provide to the City a deposit in the
amount of $ to guarantee that Developer completes implementation of the
approved plan. The city shall return to Developer the $ deposit at such
time as the Chief Building Official has verified in writing that the Developer has
completed implementation of the approved plan.
12. TREE LOSS - TREE REPLACEMENT: There are 4,700 diameter inches of
significant trees on the Property. Tree loss related to development on the Property is
calculated at 392 diameter inches. Tree replacement required are 78 caliper inches. Prior
to the issuance of any gradingpermit for the Property, Developer shall submit to the City
Forester and receive the City Forester's written approval of a tree replacement plan for 78
caliper inches.
This approved plan shall include replacement trees of a 3-inch diameter minimum size
for a shade tree and a 7-fOOt minimum height for conifer trees. The approved plan shall
also provide that, should actual tree loss exceed that calculated herein, Developer shall
provide tree replacement on a caliper inch per caliper inch basis for such excess loss.
Developer shall complete implementation of the approved tree replacement plan prior to
issuance of the final certificate of occupancy.
13. SPECIAL ASSESSMENT AGREEMENT: Prior to the release of a final plat for any
portion of the Property, Developer shall sign an assessment agreement, in a form and
substance as attached in Exhibit F, with the City for trunk sewer area charge and water
main area charge assessments on an assessable area of 4.97 acres in the amount of
$24,578.50.
4
.
*
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid
MATRIX DEVELOPMENT, LLC
a Minnesota limited liability company
CITY OF EDEN PRAIRIE
a Minnesota municipal corporation
BY Frank Thera, President Nancy Tyra-Lukens, Mayor
Scott H. Neal
STATE OF lMMlvESOTA )
COUNTY OF HENMEPIN )
) ss.
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by Nancy
Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City of
Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
-
) ss.
The foregoing instrument was acknowledged before rne'this day of ,2002, by
Frank Thera, the President of Matrix Development, LLC, a Minnesota limited liability company,
on behalf of the company.
Notary Public
5
Legal Description
Terrev Pine Villas
Legal Description
PID: OS-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 114 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MNDOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-1 16-22-34-0001
That part of the south 1/4 of the south 1/2 of the southwest 1/4 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west from a point in the south line
of the southwest 114 distance 1371 feet.
Legal Description after filing the plat :
Lots 1-13, Block 1, and Outlot A, Terrey Pine Villas
Exhibit B
Cover sheet dated by Ryan Engineering
Preliminary Plat dated by Ryan Engineering
Preliminary Site and Utility plan dated by Ryan Engineering
Preliminary Grading and Tree preservation Plan dated by Ryan Engineeug
Existing Surrounding Developments dated by Ryan Engineering
Written Narrative :Terrey Pine Villas” dated by RyanEngineering
Floor Plans and Elevations dated by Planning and Design
DEVELOPER'S AGREEMENT
EXEIIBIT C
I.
II.
III.
-
Iv.
V.
VI.
VII.
Prior to release of any building permit, Developer shall submit to the City Engineer for
approval two copies of a development plan (1" =loo' scale) showing existing and
proposed contours, proposed streets, and lot arrangements and size, minimum floor
elevations on each lot, preliminary alignment and grades for sanitary sewer, water main,
and storm sewer, 100-year flood plain contours, ponding areas, tributary areas to catch
basins, arrows showing direction of storm water flow on all lots, location of walks, trails,
and any property deeded to the City.
Developer shall submit detailed construction and storm sewer plans to the Watershed
District for review and approval. Developer shall follow all rules and recommendations
of said Watershed District.
Developer shall pay cash park fees as to all of the Property required by City Code in
effect as of the date of the issuance of each building permit for construction on the
property. Presently, the amount of cash park fees applicable to the Property is $2,100 per
unit, The amount to be paid by Developer shall be increased or decreased to the extent
that the City Code is amended or supplemented to require a greater or lesser amount as of
the date of the issuance of any building permit for construction on the Property.
If Developer fails to proceed in accordance with this Agreement within twenty-four (24)
months of the date hereof, Developer, for itself, its successors, and assigns, shall not
oppose the City's reconsideration and rescission of any Rezoning, Site Plan review
and/or Guide Plan review approved in connection with this Agreement, thus restoring the
status of the Property before the Developer's Agreement and all approvals listed above
were approved.
Provisions of this Agreement shall be binding upon and enforceable against owners, their
successors, and their assigns of the Property herein described.
The Developer hereby irrevocably nominates, constitutes, and appoints and designates
the City as its attorney-in-fact for the sole purpose and right to amend Exhibit A hereto to
identify the legal description of the Property after platting thereof.
Developer represents that it has marketable fee title to the Property, except:
Fee ownership by David S. Kasid and Carolyn M. Anderson, each of whom
has entered into a valid and binding purchase agreement to convey the
portions of the Property that he or she owns to Developer.
With respect to any interest in all portions of the Property which Developer is required,
pursuant to this Agreement, to dedicate or convey to the City (the "Dedicated Property"),
Developer represents and warrants as follows at the time of dedication or conveyance:
2129255~6 c-1
A. That Developer will have marketable fee title fiee and clear of all mortgages,
liens, and other encumbrances. Prior to release of the final plat, Developer shall
provide to the City a current title insurance policy insuring such a condition of
title.
B. That Developer has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come' in or on the Dedicated Property, any hazardous
substance, hazardous waste, pollutant, or contaminant, including, but not limited
to, those defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec.
115B.01, et. seq. (such substances, wastes, pollutants, and contaminants hereafter
referred to as "Hazardous Substances");
C. That Developer has not allowed any other person to use, employ, deposit, store,
dispose of, place or otherwise have, in or on the Property, any Hazardous
Substances.
D. That, to the best knowledge of Developer, no previous owner, operator or
possessor of the Property depogited, stored, disposed of, placed or otherwise
allowed in or on the Property any hazardous substances.
Developer agrees to indemnifi, defend and hold harmless City, its successors and
assigns, against any and all loss, costs, damage and expense, including reasonable
attorneys fees and costs that the City incurs because of the breach of any of the above
representations and warranties and/or resulting from or due to the release or threatened
release of Hazardous Substances which were, or are claimed or alleged to have been,
used, employed, deposited, stbred, disposed of, placed, or otherwise located or allowed to
be located, in or on the Dedicated Property by Developer, its employees, agents,
contractors or representatives .
VIII. Developer acknowledges that Developer is familiar with the requirements of Chapter 11 ,
Zoning, and Chapter 12, Subdivision Regulations, of the City Code and other applicable
City ordinances affecting the development of the Property. Developer agrees to develop
the Property in accordance with the requirements of all applicable City Code
requirements and City Ordinances.
'
M. Prior to release of the final plat, Developer shall pay to City fees for the first three (3)
years' street lighting on the public streets adjacent to the Property (including installation
costs, if any, as determined by electrical power provider), engineering review, and street
signs. Such fees shall not exceed $600 per each 400 lineal feet of the Property.
X. Developer shall submit detailed water main, fire protection, and emergency vehicle
access plans to the Fire Marshal for review and approval. Developer shall follow all the
recommendations of the Fire Marshal.
2129255-6 c-2
XI.
XII;
m.
XW.
XV.
XVI.
XVII.
z
Developer acknowledges that the rights of the City and the performance of obligations of
Developer contemplated in this agreement are special, unique, and of an extraordinary
character, and that, in the event that Developer violates, or fails, or refuses to perform any
covenant, condition, or provision made herein, City may be without an adequate remedy
at law. Developer agrees, therefore, that in the event Developer violates, fails, or refuses
to perform any covenant, condition, or provision made herein, City may, at its option,
institute and prosecute an action to specifically enforce such covenant, withhold building
permits or rescind or revoke any approvals granted by the City. No remedy conferred in
this agreement is intended to be exclusive and each shall be cumulative and shall be in
addition to every other remedy. The election of anyone or more remedies shall not
constitute a waiver of any other remedy.
Developer shall, prior to the commencement of any improvements, provide Written notice
to Time Warner Cable, a Minnesota Limited Partnership, the franchisee under the City's
Cable Communication Ordinance (80-33) of the development contemplated by this
Developer's Agreement. Notice shall be sent to Time Warner Cable, 801 Plymouth
Avenue North, Minneapolis, Minnesota 5541 1.
Prior to building permit issuance for a Unit, all fees associated with the building permit
for that unit shall be paid to the City, including; Building permit fee, plan check fee, City
SAC and City water access charge (WAC), and park dedication fees. Prior to building
permit issuance for any Unit in the Property, all State surcharge and metro system access
charge (SAC) for the Property shall be paid to the Inspections Department. Contact
Metropolitan Waste Control to determine the number of SAC units.
Prior to building permit issuance, existing structures, wells and septic systems (if present)
shall be properly abandoned br removed as required by City ordinance and all permits
obtained through the Inspections Department.
Prior to building permit issuance, provide two copies of an approved survey or site plan
(1" = 200 scale) showing proposed building location and all proposed streets, with
approved street names, lot arrangements and property lines.
The City shall not issue any building permit for the construction of any building,
structure, or improvement on the Property until all requirements listed in this Exhibit C
have been satisfactorily addressed by Developer.
No failure of the City to comply with any term, condition, covenant or agreement herein
shall subject the City to liability for any claim for damages, costs or other financial or
pecuniary charges. No execution on any claim, demand, cause of action or judgment shall
be levied upon or collected fkom the general credit, general fund or taxing powers of the
City.
2129255~6 c-3
L *
EXKIBITD
PHASINGPLAN
(SEE ATTACHED MAP ON FOLLOWING PAGE)
EXHIBITE
EROSION CONTROL POLICY August 1,1997
1.
2.
3.
4.
5.
6.
All construction projects permitted by the City of Eden Prairie which results in'the
temporary disturbance of vegetative or non-vegetative surfaces protecting soils from
erosion require the use of Best Management Practices (BMP's) as outlined in the
Minnesota Pollution Control Agency's manual, Protecting Water Quality in Urban Areas,
to mitigate the impact of erosion on wetland and water.resources. The City Engineer or
the Director of Inspections may impose special conditions to permits which stipulate
erosion control procedures and/or direct the installation of erosion control features or the
clean up of erosion at construction sites. Permits affected by this policy include all
grading permits, building permits, and permits for the installation of utilities.
All erosion control systems stipulated in the permit application shall be installed prior to
the issuance of the permit. Supplemental erosion control systems ordered by the City
Engineer or the Director of Inspections shall be installed within 48 hours of that order. .
All erosion control systems must be maintained by the applicant in a functional condition
until the completion of turf and/or structural surfaces which protect the soil from erosion.
The applicant must inspect erosion control biweekly and immediately after each rainfall
event of .5 inches or more. Needed maintenance shall be performed within 48 hours.
Best Management Practices (BMP's) shall be utilized at all construction sites to minimize
the trackage or spillage of soil on public streets or highways. BMP's may include, but are
not 'limited to, rock construction entrances, washing stations, fiequent cleaning of streets
adjacent to the construction site or limiting operations when site conditions are
unmanageable. Trackage or spillage of soil on a public street or highway must be
cleaned by power sweepers within the time fiame stipulated in the permit special
conditions or as ordered by the City Engineer or the Director of Inspections.
If erosion breaches the perimeter of a construction site, the applicant shall immediately
develop a clean up and restoration plans, obtain the right-of-entry from the adjoining
property owner, and implement the clean up and a restoration plan within 48 hours of
obtaining the adjoining property owner's permission. In the event eroded soils enter onto
or are tracked or spilled on a public street, highway, sidewalk or trail, the applicant shall
remove the soil material and thoroughly sweep the street or sidewalk surface within four
hours. If eroded soils enter, or entrance appears imminent, into wetlands or other water
bodies, clean up and repair shall be immediate. The applicant shall provide all traffic
control and flagging required to protect the traveling public during the clean up
operations.
When an applicant fails to conform to any provision of this policy within the time
stipulated in a written notification, the City may take the following actions:
2129255~6
E-J.
-
a. Withhold the scheduling ofrinspections and/or the issuance of a Certificate of
Occupancy or other approvals.
b. Direct the correction of the deficiency by City personnel or separate contract.
c. Withhold the issuance of building permits
d. At its option, institute and prosecute an action to enjoin violations of this
Agreement andor an action to specifically enforce performance of this
Agreement
The issuance of a permit constitutes a right-of-entry for the City or its contractor to enter
upon the construction site for the purpose of correcting deficiencies in erosion control,
All costs, including but not limited to, attorneys' fees and engineering fees incurred by
the City in correcting erosion control deficiencies or enforcing this policy shall be
reimbursed by the applicant. All invoices for erosion control correction shall be due and
payable within 30 days. Invoices not paid within 30 days shall accrue interest at a rate of
1% per month or the highest legal rate.
Each charge for correction of erosion deficiencies shall be a lien upon the property to
which the permit applies. Invoices more than 30 days old on September 30 or any year or
on any other date as determined by the City Engineer or the Director of Inspections may
be assessed against the property. As a condition of the permit, the owner shall waive
notice of any assessment hearing to be conducted by the City, concur that the benefit to
the property exceeds the amount of the proposed assessment and waive all rights by
VirlAe of Minnesota Statute 429.081 or otherwise to challenge the amount or validity of
the assessment.
I, We, The Undersigned, hereby accept the terms and conditions of the Erosion Control Policy
dated August 1, 1997 as set forth and agree to fully comply therewith to the satisfaction of the
City of Eden Prairie, Minnesota.
By: By:
DEVELOPMENT NAME: Lot: Block
Owner's Signature Applicant's Signature
OWNER INFORMATION OWNER (PRINT):
CITY STATE ZIP
2129255~6
E-2
EXHIBITF
AGREEMENT REGARDING SPECIAL ASSESSMENTS FOR AREA CHARGES
THIS IS AN AGREEMENT MADE THIS - day of ,2002, between the City
of Eden Prairie, a municipal corporation, (the "City") and Matrix Development, LLC, a Minnesota
limited liability company (the Wwner").
A. The Owner holds legal and equitable title to property described in Exhibit A, attached
hereto, which property is the subject of this Agreement and is hereinafter referred to as the "Property".
B. The owner desires to develop the property in such a manner that requires the
construction of a trunk utility system, including trunk sanitary sewers, trunk watermains, wells, elevated
storage facilities and a water treatment plant (all of which is hereafter referred to as the "Improvement").
C. The parties hereto desire to enter into an Agreement concerning the Snancing of the area
charges, all of which will inure to the benefit of the Property.
AGREEMI~NTS
IT IS HEREBY AGREED as follows:
1. The Owners consent to the levying of assessments against the Property in the amount of
$24,578.50 for the Improvements.
2. The City's assessment records for the Property will show the assessments as a "pending
assessment'! until levied. -
3. The Owners waive notice of any assessment hearing to be held at which hearing or
The Owners concur that the benefit to the Property by virtue of the Improvements to be
constructed exceeds the amount of the assessment to ,be levied against the Property. The
Owner waives all rights it has by virtue of Minnesota Statute 429.081 or otherwise to
challenge the amount or validity of the assessments, or the procedures used by the City
in apportioning the assessments and hereby releases the City, its officers, agents and
employees fiom any and all liability related to or arising out of the imposition or levying
of the assessments.
Special assessments levied against the Property shall be due and Payable in installments,
the first of which shall be payable commencing with the ad valorem taxes due and
payable in the year following the year the special assessments are levied. The City shall
levy the trunk assessments in 2002.
hearings the assessment is to be considered by the City Council and thereafter approved and levied.
4.
5.
6. This agreement shall be effective immediately.
21292556
TN WITNESS WHJZBOF, the parties to this Agreement have caused these presents to be
executed as of the day and year aforesaid.
Matrix Development, LLC CITYOFEDENPRAIRIF!
A Minnesota limited liability company A Minnesota Municipal Corporation
By: By:
Its Nancy Tyra-Lukens, Mayor
- By:
Scott H. Neal, City Manager
STATE OF MINNESOTA )
COUNTY OF HEWPIN )
) ss.
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by Nancy
Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota
municipal corporation, on behalf of the corporation.
Notary Public .. -
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of , 2002,
by Frank Thera, the president of Matrix Development, LLC, a Minnesota limited liability company, on
behalf of the company.
Notaw Public
THIS I"T WAS DRAFTED BY:
City of Eden Prairie
8080 Mitchell Road
Eden Prase, MN 55344
F-2
OWNERS SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
MATRIX DEVELOPMENT, LLC
AND THE CITY OF EDEN PRAIRIE
THIS AGREEMENT, made and entered into as of April -, 2002, by and between
David S. Kasid, an individual, ("O,wner''), and the CITY OF EDEN PRAIRIE ("City"):
For, and in consideration of the City adopting Resolution No. 2001-135 for Planned Unit
Development Concept Review, Ordinance No. 15-2002-10-2002 for Planned Unit
Development District Review and Zoning District Change fkom Rural to R1-9.5 on 4.97
acres and Zoning Amendment in the R1-22 District on 1.42 acres, and Resolution No.
2001-136 for Preliminary Plat, as more llly described in that certain Developer's
Agreement entered into of even date herewith, by and between Matrix Development,
LLC, a Minnesota limited liability company, and City ("Developer's Agreement"), Owner
agrees with City as follows:
1.
2.
If Matrix Development, LLC, fails to complete construction and development in
accordance with the Developer's Agreement and fails to obtain an occupancy
permit for all of the improvements referred to in the Developer's Agreement
within 24 months of the date of this Owners' Supplement, Owner shall not oppose
the City's reconsideration and rescission of Resolution No. 2001-135 for Planned
Unit Development Concept Review, Ordinance No. 15-2002-10-2002 for Planned
Unit Development District Review and Zoning District Change from Rural to R1-
9.5 on 4.97 acres and Zoning Amendment in the R1-22 District on 1.42 acres, and
Resolution No. 2001-136 for Preliminary Plat, identified above, thus restoring the
status of the Property before the Developer's Agreement and all approvals listed
above were approved.
This Agreement shall be binding upon and enforceable against Owner, its
successors, and assigns of the Property.
3. If Owner transfers this Property, Owner shall obtain an agreement fkom the
transferee requiring that such transferee agree to all of the tenris, conditions and
obligations of "Developer" in the Developer's Agreement.
4. Owner acknowledges and agrees that, pursuant to Section 11 of the Developer's
Agreement, Matrix Development, LLC shall stub City sewer and water lines to
'the boundary of Lot 1, Block 1, on which Owner's home is located. Within thirty
(30) days after Matrix Development, LLC completes such improvement, Owner
shall demolish andor remove the existing septic systems and wells servicing the
home and shall connect the home to City sewer and water lines.
21292556
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
Om7NERS CITY OF EDEN PRAIRIE
-
David S. Kasid Nancy Tyra-Ldsens, Mayor
Scott H. Neal, City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by
Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. .. -
Notary Public
STATE 0F.MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this day of
, 2002, by Davis S. Kasid, an individual.
Notary Public
Exhibit A to Owner’s SuDplement
Legal Description
Terrev Pine Villas
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-116-22-34-0001
That part of the south 1/4 of the south 112 of the southwest 1/4 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west fiom a point in the south line
of the southwest 1/4 distance 1371 feet.
,Legal Description after filing the plat :
Lots 1-13, Block 1, and Outlot A, Terrey Pine Villas
2129255~6
- OWNERS SUPPLEMENT TO
DEVELOPER'S AGREEMENT BETWEEN
MATRIX DEVELOPMENT, LLC
AND THE CITY OF EDEN PRAIRI[E
THIS AGREEMENT, made and entered into as of April - 2002, by and between
Carolyn M. Anderson, an individual, ("Owner"), and the CITY,OF EDEN PRAIRIE ("City"):
For, and in consideration of the City adopting Resolution No. 2001-135 for Planned Unit
Development Concept Review, Ordinance No. 15-2002-10-2002 for Planned Unit
Development District Review and Zoning District Change from Rural to R1-9.5 on 4.97
acres and Zoning Amendment in the R1-22 District on 1.42 acres, and Resolution No.
2001-136 for Preliminary Plat, as more fully described in that certain Developer's
Agreement entered into of even date herewith, by and between Matrix Development
LLC, a Minnesota limited liability company, and City ("Developer's Agreement"), Owner
agrees with City as follows:
1. If Matrix Development, LLC, fails to complete construction and development in
accordance with the Developer's Agreement and fails to obtain an occupancy
permit for all of the improvements referred to in the Developer's Agreement
within 24 months of the date of this Owners' Supplement, Owner shall not oppose
the City's reconsideration and rescission of Resolution No. 2001-135 for Planned
Unit Development Concept Review, Ordinance No. 15-2002-1 0-2002 for Planned
Unit Development District Review and Zoning District Change from Rural to R1-
9.5 on 4.97 acres and Zoning Amendment in the R1-22 District on 1.42 acres, and
Resolution No. 2001-136 for Preliminary Plat, identified above, thus restoring the
status of the Property before the Developer's Agreement and all approvals listed
above were approved.
2. This Agreement shall be binding upon and enforceable against Owner, its
successors, and assigns of the Property.
3. If Owner transfers this Property, Owner shall obtain an a&eement fiom the
transferee requiring that such transferee agree to all of the terms, conditions and
obligations of "Developer" in the Developer's Agreement.
2129255~6
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid
OWNERS CITY OF EDEN PRAIRIk
Carolyn M. Anderson Nancy Tyra-Lukens, Mayor
Scott H. Neal, City Manager
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
) ss.
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by
Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of the City
of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation. .. -
Notary Public
STATE OF MINNESOTA
COUNTY OF HENNEPIN
1
) ss.
1
The foregoing instrument was acknowledged before me this day of
, 2002, by Carolyn M. Anderson, an individual.
Notary Public
21292556
Exhibit A to Owner’s Sumdement
Legal Description
Terrev Pine Villas
Legal Description
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 1/4 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MN/DOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-1 16-22-34-0001
That part of the south 1/4 of the south 1/2 of the southwest 1/4 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west from a point in the south line
of the southwest 114 distance 1371 feet.
Legal Description after filing the plat :
Lots 1-13, Block 1, and Outlot A, Terrey Pine Villas
CONSERVATION EASEMENT AGREEMENT -
TERREY PINE VILLAS
WHEREAS, Matrix Development, LLC (“Matric”) is purchasing property consisting of
approximately 6.39 acres of real property, legally described on Exhibit A attached hereto (the
“Property”), for development into single family residences; and
WHEREAS, portions of the Property contain unique’ features including mature trees,
sensitive vegetation, open spaces, and scenic views, and, in recognition of such unique features,
Matrix desires to permanently preserve significant natural and scenic portions of the Property;
and
WHEREAS, to further Matrix’s goal of preservation of the scenic and natural condition
of the Property, prior to Developer’s application to the City for Planned Unit Development
Concept Review of the Property, Matrix offered to donate a perpetual conservation easement (the
“Conservation Easement”) covering a significant portion of the Property generally depicted as
the “Conservation Easement” area on the Preliminary Plat approved by the City Council
pursuant to Resolution No: 2001-136 dated September 4,2001 (the “Easement Area”);
WHEREAS, the City’s approvals of the Property, including but not limited to said
Resolution No. 2001-136, do not condition final plat approval or Matrix’s development of the
Property on Matrix’s granting of the Conservation Easement, and do not obligate the City to
accept the Conservation Easement &om Matrix, nor are Matrix’s approvals or development
otherwise conditioned upon the granthg of the Conservation Easement; and
WHEREAS, the City acknowledges that the area surrounding the Easement Area is
subject to intense development pressure, and further development would degrade the natural and
scenic character of, and the habitat in, the Easement. Area and neighboring areas, including
specifically Mitchell Lake; and
WHEREAS, the City of Eden Prairie has adopted a policy to accept donations of certain
conservation easements upon undeveloped lands in order to protect natural, scenic, open or
wooded areas within the City; and
WHEREAS, Matrix and the City desire to memorialize the City’s agreement to accept
itom Matrix, and Matrix’s agreement to donate to the City, the Conservation Easement.
NOW, THEREFORE, in consideration of the mutual obligations contained herein:
1. The City hereby agrees to accept the Conservation Easement fkom Matrix.
2. Matrix hereby agrees to donate the Conservation Easement to the City.
2129255~6 1
3. Matrix’s donation of the Conservation Easement shall be.in the form of a written easement
agreement, in substantially the fom attached hereto as Exhibit B.
4. To ensure adequate protection of the Easement Area, prior to the release of the first building
permit for the Property, Matrix shall record the Conservation Easement covering the
Easement Area for Phase 1 of Terrey Pine Villas, as delineated on the plans for the
development, in the Hemepin County Recorder’s Office. In addition, prior to the release of
the first building permit for Phase 2 of Terrey Pine Villas, Matrix shall record the
Conservation Easement for the entire Property in the Hennepin County Recorder’s Office.
Within fifteen (15) days after recording of the Conservation Easement, Matrix shall deliver a
certified recorded copy of the Conservation Easement to the City. The City agrees to
cooperate in such recording, including approving any tax parcel split necessary to record the
Conservation Easement as set required by this Paragraph 4.
5. To further protect the Easement Area, prior to issuance of the first building permit for any
improvement to be constructed on the Property, Developer shall permanently demarcate the
location of the boundary of the Easement Area on each lot property line or corner with
permanent four-foot tall posts. A 2 ?4 by 6 inch sign or decal reading “ScenicKonservation
Easement Boundary, City of Eden Prairie”, shall be affixed to the top of the post.
REMAINDER OF PAGE INTENTIONALLY BLANK
212!3255~6 2
WITNESS WHEREOF, parties to this Agreement have causd these presents to be
executed as of the day and year aforesaid.
Matrix Development, LLC
a Minnesota limited liability company
By: By:
CITY OF EDENPRAlRIE
a Minnesota Municipal Corporation
Nancy Tyra-Lukens, Mayor Frank Thera, President
Scott H. Neal, City Manager
STATE OF MINNESOTA )
COUNTY OF HENAXPIN )
The foregoing instrument was acknowledged before me this 4th day of June, 2002, by Nancy
Tyra-Lukens, the Mayor, and Scott H. Neal, the City Manager, of the City of Eden Prairie, a Minnesota
municipal corporation, on behalf of the corporation.
) ss.
Notary Public
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
by Frank Thera, the president of Matrix Development, LLC, a Minnesota limited liability company, on
behalf of the company.
) ss.
The foregoing instrument was acknowledged before me this day of- 2002,
Notary Public
2129255~6 3
EXHIBIT A
To Conservation Easement Agreement
Legal Description
Terrev Pine Villas
Legal Description
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 114 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MNDOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-1 16-22-34-0001
That part of the south 1/4 of the south 1/2 of the southwest 114 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west from a point in the south line
of the southwest 1/4 distance 1371 feet,
Legal Description after filing the plat :
Lots 1-13, Block 1, and Outlot A, Terrey Pine Villas
2129255~6
EXHIBITB
FORM OF PERPETUAL CONSERVATION/SCENIC EASEMENT
THIS EASEMENT AGREEMENT is made this day of 3 202 by and between MA- DEVELOPJYENT, LLC, hereinafter referred to as "Grantor," and the
CITY OF EDEN PRAIRIE, a Minnesota municipal corporation, hereinafter referred to as "City";
WHEREAS, Grantor is the fee owner'of land located in Hennepin County, Minnesota,
more fully described in Exhibit A, attached hereto and made a part hereof, and said land
hereinafter referred to as "the Property"; and,
WHEREAS, Grantor has marketable title to the Property, flee and clear of all liens, -- I mortgage, and encumbrances,
WHEREAS, Minnesota Statutes $9 84.C.01-.05 authorize the donation by private
citizens of non-possessory, conservation easements to protect natural, scenic and open space
values, and the authorized donees include any governmental body empowered to hold an interest
in real property under the laws of the State of Minnesota; and
WHEREAS, Minnesota Statutes $ 84.64 authorize the donation by private citizens of
similar negative easements, called conservation restrictions, to retain the natural, scenic, and
open or wooded condition of land, and the authorized donees include, any home rule charter or
statutory city; and
WHEREAS, the City is a: (i) governmental body empowered to own interest in real
estate and (ii). statutory city under Minnesota Statutes; and
WHEREAS, the City has concluded that there is a need for conservation easements and
restrictions to protect and preserve some of the natural, scenic, open andor wooded parcels
remaining within its City limits; and
WHEREAS, the City has a policy under which it will accept the donation of
conservation easements and restrictions covering natural, scenic, and open or wooded spaces and
which are threatened by intensive development andor subdivision pressure; and
WHEREAS, the Property contains a natural, scenic wooded parcel, generally depicted as
the '%Easement Area" on Exhibit B attached hereto, and legally described on Exhibit C attached
hereto (the "Easement Area"), which Grantor and the City desire to preserve in its natural state,
consistent with the above-named State and City policies and procedures, and consistent with the
rules and regulations under United States Internal Revenue Code (IRC) $ 170 (h); and
WHEREAS, the City has reviewed the donation to the City of a conservation easement
over and across the Easement Area (the "Cunservatiun Easement"), and has concluded that the
donation of the Conservation Easement produces a significant public benefit because of the: (i)
intensity of land development pressures in the vicinity of the Easement Area; (ii) the lake,
2129255~6
1
shoreland, habitat, trees and open space characteristics of the Easement -Area, (E) the
consistency of the Conservation Easement with state and local conservation policies; (iv) the
likelihood that further development of the Easement Area would contribute to degradation of the
natural and scenic character of, and habitat in and around, the Easement Area, including
specifically the character of Mitchell Lake; and (v) the perpetual nature of the Conservation
Easement.
WHEREAS, Grantor and City wish to enter into an agreement which will grant to City a
conservancy/scenic easement for conservation and preservation of the terrain and vegetation, to
prohibit certain destructive acts thereon, to protect the relatively natural ecosystem located on the
Easement Area and within the waters adjacent. to the Easement Area, and to preserve scenic open
space, over the Easement Area;
NOW, THEREFORE, in consideration of the premises contained herein, it is agreed by
the parties as follows:
1. Grant. Grantor hereby conveys to City and its successors and assigns a conservation and
scenic easement in, under, on, and over the Easement Area, and City hereby accepts such
conveyance.
2. Purpose; Terms and Conditions. The purpose of this Conservation Easement is to assure
that the Easement Area shall at all times predominately: (i) remain in its natural and scenic
condition; (ii) remain wooded space and not be developed; (iii) provide and protect natural
habitat for wildlife and plants; and (iv) provide scenic views, particularly from Mitchell Lake
and surrounding areas. The following terms and conditions shall apply to the Easement Area: .. -
A. The Easement Area shall be preserved predominantly in its natural condition. No
trees, shrubs, or other vegetation shall be planted upon the Easement Area and no
trees, shrubs, or other vegetation shall be removed from the Easement Area without
the prior written consent of the City.
B. No building, road, sign, billboard, utility, or other structure shall be placed in the
Easement Area ~thout the prior written consent of City. No structure within the
Easement Area shall ever be used for commercial or residential purposes.
C. No trash, waste, or other offensive material, soil, or landfill shall be placed upon or
within the Easement Area without the prior written consent of the City.
D. No change in the general topography of the Easement Area landscape, including, but
not limited, to excavation, dredging, movement, and removal or placement of soil,
shall be allowed within the Easement Area without the prior written consent of the
City. No surface mining of any kind shall be permitted, and no loam, peat, gravel,
rock, soil or other material substance shall be excavated, dredged or removed fiom
the Easement Area.
2129255~6
2
E. This donation is made exclusively for conservation purposes, and the Easement Area
shall be kept and maintained in a natural or scenic, open or wooded conditions,
substantially reflecting the natural conditions in the Easement Area, protecting natural
habitat, and affording visual access and scenic enjoyment to the general public.
3.
and warrants as follows:
Representations and Warranties. With respect to the Easement Area, Grantor represents
A. That Grantor has marketable title fiee and clear of all liens, encumbrances and
mortgages.
B. That Grantor has not used, employed, deposited, stored, disposed of, placed or
otherwise allowed to come in or on the Easement Area, any hazardous substance,
hazardous waste, pollutant, or contaminant, including, but not limited to, those
defined in or pursuant to 42 U.S.C. SS 9601, et. seq., or Minn. Stat., Sec. 115B.01, et.
seq. (such substances, wastes, pollutants, and contaminants hereafter referred to as
“Hazardous Substances“);
C. That to the best of Grantor’s knowledge, Grantor has not allowed any other person to
use, employ, deposit, store, dispose of, place or otherwise have, in or on the Easement
Area, any Hazardous Substances;
‘D. That to the best of Grantor’s knowledge, no previous owner, operator or possessor of
the easement area, deposited, stored, disposed of, placed, or otherwise allowed in or
on the Easement Area any Hazardous Substances;
.. -
Grantor agrees to indemnify, defend and hold harmless City, against any and all loss,
costs, damage and expense, including reasonable attorneys fees and costs that City incurs
because of the breach of any of the above representations or warranties and/or resulting
from or due to the inaccuracy or falsity of any representation or warranty herein.
4. Demarcation. Grantor agrees to permanently demarcate the location of the boundary of
the Easement Area on each lot property line or corner with permanent four-foot tall posts. A 2 ?4
by 6 inch sign or decal reading “ScendConservation Easement Boundary, City of Eden Prairie”,
will be affixed to the top of the post.
5. Reservation of Rinhts bv Grantor. Subject to City approval, Grantor reserves the right to
construct natural pathways through the Easement Area, provided however that (i) all such
pathways shall be of natural materials, such as wood chips, and (ii) Grantor shall take reasonable
efforts to preserve the natural state of the Easement Area in the construction of such pathways,
including locating such pathways in a manner that preserves mature trees wherever possible.
Grantor also reserves the right to construct erosion control and drainage improvements, -and boat
and watercraft docks (including electrical service thereto), as indicated on the development plans
for Terrey Pine Villas, as approved by the City. Grantor, for itself and its successors-in-title,
shall, and hereby retains all rights to, enter upon, maintain, care for and landscape the Easement
Area consistent with the restrictions expressed above.
2129255~6
3
6.
inure to the benefit of the parties, their successors, and assigns.
Duration. The duration of this Conservation Easement is perpetual and shall bind and
7. Interest. This Conservation Easement is a non-possessory easement, and does not grant
to the City any right to use or improve, or to permit the public any right to enter upon, use or
improve, any part of the Easement Area as a park or recreational area. Moreover, nothing in this
instrument grants any member of the public the right or privilege whatsoever to enter upon the
Easement Area for any purpose.
8. Remedies. All the rights and remedies under Minnesota Statutes 0 84.65 and 9 84C.03,
and all other rights and remedies available under the law, shall be available to the City to enforce
this Conservation Easement. Also, if there shall be a violation or breach, or an attempt to violate
or breach, any of the terms, covenants or conditions of this Conservation Easement, the City may
prosecute any proceedings at law or in equity against the person or entity violating or breaching,
or attempting to violate or breach, any such term, covenant or condition, including but not
limited to actions to prevent such violation or breach by injunction or to recover damages for
such violation or breach.
9. The City’s interest as donee and holder of the Conservation
Easement under this instrument may not be assigned or conveyed, unless the following
conditions are first met: (a) the City requires that the assignee present a written
acknowledgement that the conservation purposes the donation was originally intended to
advance will continue to be carried out by the assignee, and (b) the assignee must be an
organization qualimg, at the time of the assignment, as a qualified donee under IRC 0 170
(h)(3) and the rules and regulations thereunder (or successor code sections and regulations).
10. Covenants Run With Land. The terms, covenants and conditions hereof shall run with
the land and shall be binding on all present and future owners of the Easement Area, and shall
inure to the benefit of the City of Eden Prairie, its permitted successors and assigns.
Limited Assignment.
-
Remainder of Page Intentionally Blank
2129255~6
4
IN WITNESS WHEREOF, the parties to this Agreement have caused these presents to
be executed as of the day and year aforesaid.
GRANTOR
Matrix Development LLC
CITY OF EDEN PRAIRIE
BY Fradc Thera, President Nancy Tyra-Lukens, Mayor
Scott H. Neal, City Manager
STATE OF MINNESOTA ) '
COUNTY OF HENNEPIN )
)ss.
The foregoing instrument was acknowledged before me this day of -
2002, by Nancy Tyra-Lukens and Scott H. Neal, respectively the Mayor and the City Manager of
the City of Eden Prairie, a Minnesota municipal corporation, on behalf of said corporation.
STATE OF MINNESOTA )
COUNTY.OF HENNEPIN )
)ss.
Notary Public
The foregoing instrument was acknowledged before me this day of ,2002,
by Frank Thera, the President' of Matrix Development LLC, a Minnesota limited liability
company, on behalf of the company.
Notary Public
21292556
5
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EXHIBITA
TO CONSERVATION EASEMENT
LEGAL DESCRIPTION OF THE “PROPERTY”
(note: may need to be altered prior to recording of the first Easement,
to reflect ownership of only Phase 1 rather than all of Terrey Pine Villas)
Terrev Pine Villas
Legal Description
PID: 08-1 16-22-34-0004
That part of the west 490 feet of the east 980 feet of the south 114 of the southeast 1/4 of the
southwest 1/4 lying southerly of parcel 212R as shown on MNDOT right-of-way no. 27-50
PID: 17-1 16-22-21-0003
The west 490 feet of the east 980 feet of Government Lot 1
PID: 08-1 16-22-34-0001
That part of the south 1/4 of the sou& 1/2 of.the southwest 1/4 lying west of the east 980 feet
thereof and east of a line bearing north 1 degree, 16 minutes west fkom a point in the south line
of the southwest 114 distance 1371 feet.
Legal Description after filing the plat :
Lots 1-13, Block 1, and Outlot A, Terrey Pine Villas
EXECIBITB
TO CONSERVATION EASEMENT
DEPICTION OF EASEMENT AREA
(on following pages)
EXHIBIT C
TO CONSERVATION EASEMENT
LEGAL DESCRIPTION OF EASEMENT AREA
~COUNCILAG~~A I
SECTION Consent Calendar
DATE:
June 4,2002
Requested Action
SERVLCE AREADMSION:
Public Works
Randy Slick/
Eugene A. Dietz
Engineering Services
Move to: Adopt the resolution approving the final plat of Terry Pines
I’IEM DESCRIPTION: ITEM NO.:
Find Plat Approval of Terrey Pines D.c,
Synopsis
This proposal is located south of TH 5 between Mitchell Lake and Terrey Pine Drive. The plat
consists of 6.39 acres to be divided into 13 single-family lots and one outlot.
Background Information
The preliminary plat was approved by the City Council September 4,2001. Second Reading of
the Rezoning Ordinance and final approval of the Developer’s Agreement will be completed on
June 4,2002.
The resolutionincludes a variance to City Code 12.20 Subd.2.A waiving the requirement for
final plat approval within six months of preliminary plat approval.
Approval of the final plat is subject to the following conditions:
Receipt of engineering fee in the amount of $617.50
Receipt of street lighting fee in the amount of $1,168.20
Satisfaction of bonding requirements for the installation of public improvements
Execution of Special Assessment Agreement for bunk utility improvements
The requirements as set forth in the Developer’s Agreement
Provide a list of areas (to the nearest square foot) of all lots, outlots and road right-of-
ways certified by surveyor
Prior to release of final plat, Developer shall submit a Conservation Easement over
Outlot A
Completion of the Vacation of the underlying drainage and utility easement over Lots
2,3,4 and 5.
Attachments
Drawing of final plat
CITY OF EDEN PRAIRIE
HEN" COUNTY, MINNESOTA
RESOLUTION NO.
A RESOLUTION APPROVING F'INAL PLAT OF
TERREYPINES ..
WHEREAS, the plat of Terrey Pines has been submitted in a manner required for platting land
under the Eden Prairie Ordinance Code and under Chapter 462 of the Minnesota Statutes and all
proceedings have been duly had thereunder, and
WHEREAS, said plat is in all respects consistent with the City plan and the regulations and
requirements of the laws of the State of Minnesota and ordinances of the City of Eden Prairie.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council:
A. Plat approval request for Terrey Pines is approved upon compliance with the
recommendation of the City Engineer's report on this plat dated June 4,2002.
B. Variance is herein granted fi-om City Code 12.20 Subd. 2.A. waiving the six-month
maximum time lapse between the approval date of the preliminary plat and filing of
the final plat as described in said engineer's report.
C. -That the City Clerk is hereby directed to supply a certified copy of this resolution to
the-owners and subdivision of the above named plat.
D. That the Mayor and City Manager are hereby authorized to execute the certificate of
approval on behalf'of the City Council upon compliance with the foregoing
provisions.
ADOPTED by the Eden Prairie City Council on June 4,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL .
~ ~~ Kathleen A. Porta, City Clerk
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CITYCOUNCILAGENDA
SECTION Consent Calendar
SERVICE AREADMSION
Engineering Services
Rodney W. Rue
Eugene A. Dietz
,
ITEM DESCRIPTION I.C. 00-5517
Approve Change Order No. 1 for Flagship
Corporate Center Access Drive - Phase II
ITEM NO.:
Et-?
DATE:
June 4,2002
Requested Action
Move to: 'Approve Change Order No. 1 for the Flagship Corporate Center Access Drive
- Phase 11 fi-om Northwest Asphalt, Inc., in the amount of $2,450.00.
Synopsis
This change order is for some minor watermain work associated with the existing hydrant being
extra deep. The additional labor and material costs resulted in an increase of $2,450.00 for the
contract amount.
Background Information
The change order was necessary due to the existing hydrant being extra deep (12 feet). When the
existing hydrant was relocated due to the new driveway location, the hydrant was extended
outward fi-om the roadway and reconstructed to provide the standard 7.5-foot bury depth. This
resulted in removing the existhg -hydrant extensions and replacing the internal hydrant
components .
Attachments
Change Order No. 1 for I.C. 00-5517
Date: 5/23/02
To: City of Eden Prairie
Project Name:
Contractor: Northwest Asphalt, Inc.
Engineer:
City Improvement Contract #: LC. 00-5517
Flagship Corporate Center Access Drive Phase 11
Hansen Thorp Pellinen Olson Inc.
Nature of Changes:
1. The watermain had to be moved to avoid private utilities. The existing main was
12' deep so they had to replace the interior hydrant parts.
. Adjustments to Contract Price:
1. Add labor and material costs, lump sum: $2,450.00
Summary of Contract Changes:
Contact Amount prior to Change Order #1 $143,552.50
Net Increase resulting from Change Order #1 $ 2,450.00
Current Contract Amount including
Change Order #1: $146,002.50
THE ABOVE CHANGES ARE APPROVED:
Hansen Thorp Pellinen Olson Inc. Citv of Eden Prairie
BY Mu&&/- BY
Date CLyhL' Date
THE ABOVE CHANGES ARE ACCEPTED:
Northwest Asphalt. Inc.
Date Y
2.
ClTYCOUNCILAGENDA
SECTION: Consent Calendar
SERVICE AREALDMSION:
Engineering Services
AlanD. Gray Charkon Road/TEI212
Eugene A. Dietz
ITEM DESCRIPTION: I.C. 98-5470
Approve Preliminary Layout Plans for
DATE:
June 4,2002
ITEM NO.: Ti5
Move to: Adopt resolution approving the preliminary layout plan for the intersection of
Charlson Road and TH 212.
Synopsis
The Charlson Area Improvements include the construction of Charlson Road between TH 212
and Spring Road. The first step in developing an intersection of Charlson Road and TH 212 is
the development and approval of an intersection layout plan. Approval of the plan by Council
will complete this initial phase.
Background Information
The Charlson Area Improvements Project was authorized by Council July 18, 2000. The
estimated project cost for this extensive street and utility project was $9,176,500. The major
elements of th9,project await easement agreements with the MAC. The preliminary layout plan
is available for viewing in the Engineering Division offices.
CITY OF EDEN PRAJRJE
aEN" COUNTY, lVlI"ES0TA
RESOLUTIONNO.
APPROVE TEE PRELIMINARY LAYOUT PLAN FOR THE
NEW INTERSECTON OF CHARLSON ROAD
AND TRUNK HIGHWAY 212
~~ I.C.98-5470 ~
~~ - ~-
WHEREAS, the City of Eden Prairie has prepared a preliminary layout plan for the construction
of a new intersection of Charlson Road with Trunk Highway 212 in Section 28, Township 1 16N,
Range 22 West, Eden Prairie and;
WHEREAS, said preliminary layout plan is on file in the Office of the Department of
Transportation, St. Paul, Minnesota, being marked, labeled and identified as Layout Number 2
prepared by SRF Consulting Group, Inc., MnDOT staff approval date November 8,2001.
NOW, THEREFORE, BE IT RESOLVED that said preliminary layout plan for the
construction of the new intersection of Charlson Road with Trunk Highway 212 within the
corporate limits of Eden Prairie, Minnesota is hereby approved.
ADOPTED by the Eden Prairie City Council on June 4,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
CITYCOUNCILAGENDA
SECTION Consent Calendar
SERVICE AREA/DMSION
Engineering Services
Mary Krause
Eugene A. Dietz Atherton Townhomes
ITEM DESCRTPTION: I.C. 01-5540
Approve Plans and Specifications for Mitchell
Road Drainage Improvements adjacent to
Move to: Approve plans and specifications for I.C. 01-5540, Mitchell Road Drainage
Improvements adjacent to Atherton Townhomes.
DATE:
June 4,2002
ITEM NO.:
Synopsis
The Mitchell Road drainage improvements include storm sewer improvements for Mitchell Road
adjacent to Atherton Townhomes. The project will provide additional storm sewer capacity to
the storm sewer system. The plans are available for viewing in the Engineering Division offices.
Background Information
The Mitchell Road drainage improvements were authorized by Council May 15, 2001. The
project will implement storm sewer improvements to reduce a historical drainage problem in
Mitchell Road adjacent to Atherton Townhomes where storm water has overtopped the curb of
Mitchell Road and has flowed into a low common area of the Atherton Townhomes. Funding
for this project:will be out of the storm water utility fund.
.
I
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CITY COlJNd AGENDA
SECTION Consent Calendar
-
SERVICE AREADMSION ITEM DESCRIPTION: IC 02-5575
Engineering Services
Mary Kiause
Eugene A. Dietz
Professional Services Agreement for Upper
Eden Lake Sediment Removal
DATE:
June 4,2002
ITEM NO.:
a.6-I
Move to: Approve Professional Services Agreement with HTPO, Inc. for design and
construction services for removal of sediments from Upper Eden Lake.
synopsis
This project will remove sediments that have accumulated in Upper Eden Lake. This project will
be funded through the Storm Water Utility Fund.
Background Information
Sediments have accumulated in Upper Eden Lake over the years. The Development Agreement
with Eden Shores Senior Campus (adjacent to Upper Eden Lake) included a cash contribution to
the City to partially def?ay the costs of removing the sediment accumulation. The City has
agreed to proceed with this project in 2002.
Attachments
.- . .
HTPO, Inc. Professional Services Agreement
1 Engineering Surveying c) LandscapeArchitecture
May 20,2002
Re: Upper Eden Lake Sedirnent Removal
Dear Ms. Krause:
- ...-
As requested, the following estimates for civil engineering
and surveying services for the above referenced project are
provided for your consideration.
Estirnate Scope of Services
$14,000.00 Preparation of construction documents
and bid administration. Includes
preliminary research, preparation of base
map showing adjacent property boundaries
and wetland delineation, and topography
in area of proposed excavation and
construction access, coordination with
geotechnical engineer for sediment testing,
permit application to watershed district,
and submittal to Corp of Engineers and
Dept. of Natural Resources for review.
Assumes wetland delineation will be done
by others under a separate contract.
Assumes easement acquisition and
complete tree survey will not be required.
$10,000.00 Construction administration, staking, ’
inspection, and asbuilt volume
verification.
$24,000.00 Total 7510 Market Place Drive
Eden Prairie, MN 55344
952-829-7806 fax
952-829-0700
.- ...
Krause/ Johnson
May20,2002 ' .
Page2 . .
HTPO, Inc. proposes to provide these services in
accordance with the attached General Conditions.
Invoices will be submitted based on actual hours worked
using a 2.4 multiplier times direct personnel expense. We
will keep you informed of our work progress and the
above fee estimates will not be exceeded without prior
approval from your office.
Customary reimbursable expenses (printing, courier, and
other out-of-house services and documents) are passed on
directly to you. We invoice our services monthly payable
within 30 days.
Thank you for this opportunity to provide our services.
Sincerely,
Hansen Thorp Pellinen Olson, Inc. n
Laurie A. Johnson, P.E.
Principal
LAJ:tv
Enclosure
Approved City of Eden Prairie
By:
By:
P
SECTION 1: PROJECTINFORMATION
1.1 City will provide to bmsdtant all known information
regarding existing and proposed conditions of the site or which
affects the-work to be performed by Consultant. Such
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
1.2 City will transmit to consultant any additions, updates, or
revisions to the Project Information. as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, define, supervise, or
coordinate work or Project Information as. requested by
consultant.
1.4 Consultant will not be liable for any de&ion, conclusion,
recommendations, judgement or advice based on any
inaccurate information finnished by City, or other
subcontiactors or consull&s engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PERZMITS,
APPROVALS AND UTILITIES - .. -.
2.1 city will indicate to consultant the property lines ofthe
site and assume responsibility for accuracy of markers.
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary to perform the work.
2.3 City will be solely responsible for applying for and
obtaining permits and approvals necessary for Consultant to
peiform the work, Consult& will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City's responsibilities under this section including
signing certain forms on City's behalf such as Right-of-way
forms.
2.4 While Consultant will take reasonable precautions to
minimize any damage to property, it is understood by City that
in the nod coutse of the work some damage may occur.
The correction of any damage is the responsibility of City or,
at City's direction, the damage may be corrected by Consultant
and billed to City at cost plus 15%. Notwithstanding the
above, Consultant agrees to be respomile for damage caused
by Consultant's negligence.
2.5 City agrees to render reasonable assistance requested by
Consultant to enable perfodce of work without delay or
interference, and upon request of Conbltant, to proiide a suitable
workplace.
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Copsultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City and/or
representatives of Utility Companies.
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maxhum of 30 days after completion of
the work and submission of Consultant's report, which samples
shall remain the property of City. Unless otherwise directed by
the City, Consultant may dispose of any samples after 30 days.
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. After said 30 days, City will be responsible
to select and arrange for lawful disposal procedures that include
removal of samples from Consultant's custody and transporting
them to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City,
fieight collect, or arrange for law disposal and bill City at cost
plus 15%.
SECTION 4: FEE PAYMENT I CLAIMS
4.1 Consultant will submit invoices to City monthly, and a hl
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must include the following signed and dated statement: "I declare
under penalty of perjury that this account, claim, or demand is
just and correct and that no part of it has been paid.'?
4.3 The balance stated on the invoice shall be deemed correct
unless City notities Consultant, in writing, of the particular item
that is alleged to be incorrect within ten (10) days fiom the
invoiice date. Consultant will review the alleged incorrect item
within ten (10) days and either submits a corrected invoice or a
statement indicating the original amount is correct
(39 ofEden Prairie Generar Conditions
Conrultrmt Agreement
December2000
Page 1 of 4 4
4.4 Payment is due upon receipt of invoice (or comcted
invoice) and is past due sixtJT (60) days 5nm invoice date. On
past due accounts, City will pay a finance charge of 1.5% per
month onthempaidbalance, orthemaximumdowedbylaw,
whichever is less, until invoice is llly paid.
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City
however, will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement.
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
from various state and federal programs. Consultant may
assist City in applying for or meeting notitication
requirements, however. Consultant makes no representations
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from
reimbursement programs.made for any reason by state or
federal agencies, except as may be caused by Consultant's
negligence.
4.7 City may withhold from any final payment due the
Consultant such amounts as are incurred or expended by the
City on account of the termination of the Contract.
to mislead others by omitting certain contained m the -
repa
5.5 Consultant will consider Project Information as confidential
and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of performing the work,
except as and to the extent Consultant may, in its sole discretion,
deem itselfrequired by law to disclose.
SECTION 6: DISPUTES /LIMITATIONS OFREMEDIES
6.1 In the event of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
i .
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs .in collecting any
delinquent amount City owes under this agreement. .
6.3 If City institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultant, City
will pay Consultant for all costs of defense, including attorney
fees, expert wifness fees and court costs.
6.4 If Consultant institutes a suit against City, which is dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
SECTION 5: OWNERSHIP OF DOCUMENTS
6.5 Dispute Resolution
5.1 .Consultant will deliver to City certain reports as
instruments of the professional work or services performed
pursuant to this Agreement. All reports are intended-solely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2 City agrees that all reports and other work furnished to
City, or City's agents or representatives, which are not paid for,
will be returned to Consulknt upon demand and will not be
used by City for any purpose.
5.3 Uhless otherwise agreed, Consultant will retain all
pertinent records or reports concerning work and services
.performed for a period of at least two (2) years after report is
submitted. During that time the records will be made available
to City during Consultant's normal business hours. City may
obtain reproducible copies of all sohare, manuals, maps,
drawings, logs and reports at cost, plus 15%, for data and
materials not being provided as part of the scope of work for
the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report, or
6.5.1 Mediation
All claims, disputes and other matters in question (hereinafter
"claim") between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be subject
to mediation. If the parties have not resolved the dispute within
thirty (30) days of receipt of a wiitten complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on a mediator within ten (10) days following a
request for mediation, either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in'the mediation.
.
The parties shall submit to mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end of eight hours of
mediation, the parties have not resolved the dispute, the parties
may agree to extend hours of mediation.
6.5.2 Arbitration
At the option of the party asserting the same, a claim between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
City of Eden Prairie General Conditions
ConsuItantAgreement
December2000
Page 2 of 4 *5
t -
-a - *asserting the same claims dement to damages or payment
of less than $25,000.00 in aggregate may be decided by
arbitration in accordance with the construction hduslry
Arbitraton Rules of the American Arbitration Association then
existing unless the parties mutually agree otherwise. In the
event any person shall commence an .action in any court for
any claim arising out of or relating to this Agreement or the
breach thereof or the Project or construction thereof or any
contract for such construction, the party making a claim in
arbitration may dismiss such proceedings (unless the hearing
on the claim has commenced) and elect to assert its claim in
such action if such party could have done so but for the
provisions of this Paragraph.
The parties agree to bear equal responsibility for the fees of
AAA, including the arbitrator(s). Judgement upon the award
rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
In the event that arbitration services are not available fiom
AAA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
6.5.3 Compliance
The parties deem the dispute resolution procedure as set forth
herein to be integral and essential part of this Agreement.
A party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the
procedure in all respects, and, may as a condition precedent to
arbitration, require the p&rties to mediate in accordace with
Section 6.5.1 hereof. .
SECTION 7: STANDARD OF CARE
7.1 Because no sampling prowcan prove the non-existence
or non-presence of contaminated conditions or materials
throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certifil the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and Ciws obligation
under this agreement will not be contingent upon Consultant's
delivery of any warranties, representations, guarantees, or
certifications.
7.2 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environmental Assessments and
no w&ties, representations, guarantees, or certifications will
be made. Except that Consultant warrants that hardware'and
software will perform as represented in proposal and other
parts of this agreement.
City of Eden Prairie General Conditions
December2000
Page3of4
ConnrltantAgre6?IMRt
73 Although data obtained i?om discrete sample locations wiU be
used to infer conditions between sample locations no guarantee
may be given that the Mmed conditions exist because soil,
&ce and groundwater quality conditions between sample
locations may vary signiticantly, and because conditions at the
time ofsample collectionmay alsovary sigdicantlywithrespect
to sod, surface water and groGdwater quality at any other given
time and for other reasons beyond Consultant's control.
7.4 consultant will not be responsible or liable for the
interpretation of its data or rep& ~y others.
SECTION 8: GENERALINDEMNIFICATION
8.1 Consultant will indemnify and hold City harmless fiom and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
Consultant harmless fiom and against demands, damages, and
expenses caused by City's negligent acts and omissions, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECT~ON 9: INSURANCE I WORKER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required puisuant to Minn.
Stat. 176.181, subd. 2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
insurance of Worker's Compensation Insurance coverage
provided to the City prior to execution of this agreement is
current and in force and effect.
9.2 Consultant shall procure and maintain professional liability
insuiance for protection from claims arising out ofprofessional
services caused by any negligent act, error or omission for which
Consultant is legally liable.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant and City may be
terminated by either party upon thirty- (30) days written notice.
10.2 If the agreement is terminated prior to completion of the
project, Consultant will receive an equitable adjustment of
compensation.
.*
--,
krn0Nll: AssImm SECXION17: DATAPRACTICESACTCOIMpLIAN(fE
11.1NeitherpartymayassigndutieS,n~ts orinterestsinthe
performance of the work without obtaining the prior written
consent of the other party, which consent will not be
unreasonably withheld.
17,l TheConsultantshallatallfimesabideby~ Stat. 13.01
et seq., the hesota Government Data Practices Act, to the
extent the Act is applicable to data and documents m the
possession of the Consultant
SECTION 12: DELAYS
12.1 If Consultant is delayed in performance due to any cause
beyond its reasonable control, including but not limited to
strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of,the delay. consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTIU WORK
13.1 Extra work, additional compensation for same, and
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WlTHHOLDING TAXES
14.1 No final payment shall be made to the Consultant until
the Consultant has provided satisfactory evidence to the City
that the Consultant and each of its subcontracts has complied
with the provisions of Minn. Stat. 290:92 relating to
withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement.
SECTION15 AUDI%S .
- .. -.
15.1 The books, records, documents and accounting
procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for
a period of six (6) years after the effective date of this
Contract.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of payment from the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a halfpercent
(1-1/2%) per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time *to the
Subcontractor. The minimum monthly interest penalty
payment for anunpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
SECTION 18: DISC€UMINATION
In performance of this contract, the Consultant shall not
discriminate on the grounds of'or because of race, color, creed,
religioq national origiq sex, marital status, status withregards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or,any applicant for employment. The Consultant shall include a
similar provision in all contracts with subcontractors to this
Contract. The consultant fuaher agrees to comply will all aspects
of the Minnesota Human Rights Act, Minn. Stat, 363.01, et seq.,
Title VI of the Civil Rights Act of 1964, and the Americans with
Disabilities Act of 1990.
SECTION.19: CONEUCTS
C'ig of Eden Prairie General Conditions
Consultant Agreement
DeeembertODO
Page 4 of 4
No salaried officer or employee of the City and no member of the
Board of the City shall have a fhancial interest, direct or indirecf,
in this contract. The violation of this provision renders the
Contract void. Any federal regulations and applicable state
shtutes shall not be violated.
SECTION 20: ' ENTIRE AGREEMENT
18.1 This, Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City, and Consultant
relating to the subject matter of this Agreement which are not
fully expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
consultant.
18.3 This agreement is governed by the laws of the State of
Minnesota.
CITYCOUNCILAGENDA
SECTION. Consent Calendar
SERVICE ARENDMSION:
Engineering Services
AlanD. Gray
Eugene A. Dietz Improvements
ITEM DESCRIPTION: I.C. 52-204
Engineering Sewices Agreement with HTPO
for Pioneer TraiVFlying Cloud Drive Utility
Requested Action
DATE:
June 4,2002
ITEM NO.:
Ips-, H,
Move to: Approve the Engineering Services Agreement with HTPO for Pioneer
TraiUFlyhg Cloud Drive Utility Improvements for I.C. 52-204.
Synopsis
Negotiations with the Metropolitan worts Commission (MAC) regarding installation of
utilities along Pioneer Trail and Flying Cloud Drive in the vicinity of Flying Cloud field are
nearing completion and MAC staff have indicated an interest ig advancing this project on a fast-
' track basis. In preparation to support a condensed project schedule, staff recommends beginning
the design of the portion to be constructed by the City. MAC is about 80% complete with the
design of their portion.
Background Information
Council authofized the feasibility study for this project January 5,1993. The advancement,of the
project has been delayed by discussions regarding airport expansion. Agreements are now
complete. A draft feasibility has been prepared and reviewed by the owners of all benefited
property. The study will be scheduled for Council'review and a public hearing in the near fbture.
Attachments
Engineering Services Agreement
t
Engineering Surveying
Landscape Architecture
- ...
7510 Market Place Drive
Eden Prairie, MN 55344
952-829-7806 fax
952-829-0700
May 9,2002
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, MN 55344
Attn: Mr. Alan Gray
Re: Pioneer TraiVFlying Cloud Drive Utility Improvements
LC. 52-204
Dear Mr. Gray:
As requested, the following estimates for civil engineering and
surveying services for Sanitary Sewer and Watermain
Improvements north of the south right-of-way line of Pioneer
Trail as described in the draft feasibility report are provided for
your consideration.
Estimate Scope of Services
$35,000.00 Preparation of construction documents.
Includes topography in area of proposed
utilities; permit applications to PCA, MCES,
Dept. of Health, watershed district, MnDot,
Hennepin County, and Dept. of Natural
Resources; coordination of utility improvements
by MAC and with the development at the
northwest quadrant of the intersection; and
preparation of easement documents if required.
Does not include wetland delineation services.
.
-.
$35,000.00 Bid administration, construction
administration, staking, inspectjon, and
record drawings.
HTPO, Inc. proposes to provide these services in accordance
with the attached General Conditions. Invoices will be
submitted based on actual hours worked using a 2.4 multiplier
times direct personnel expense. We will keep you informed of
our work progress and the above fee estimates will not be
exceeded without prior approval from your ofice.
Customary reimbursable expenses (printing, courier, and other
out-of-house services and documents) are passed on directly to
you. We invoice our services monthly payable within 30 days.
GrayLJohnson
May 9,2002
Page 2
- ...
Thank you for this opportunity to provide our services.
Sincerely,
HANSEN THORP PELLINEN OLSON, INC. -
Laurie A. Johnson,-P.E.
Principal
LA J: tlv
Enclosure
Approved: City of Eden Prairie -.
By:
By:
3
a
SECTION 1: PROJECT INFORMATION by Consultant's negligence.
1.1 City will provide to Consultant all known information
regarding existing and proposed conditions of the site or which
affects the work to be performed by Consultant Such
information shall include, but not be limited to site plans,
surveys, known hazardous waste or conditions, previous
laboratory analysis results, written reports, soil boring logs and
applicable regulatory site response (Project Information).
1.2 City will transmit to Consultant any additions, updates, or
revisions to the Project Infonnation as it becomes available to
City, its subcontractors or consultants.
1.3 City will provide an on-site representative to Consultant
within 24 hours upon request, to aid, define, supervise, or
coordinate work or Project Information as requested by
Consultant.
1.4 Consultant will not be liable for any decision, conclusion,
recommendations, judgement or advice based on any
inaccurate information furnished by City, or other
subcontractors or consultants engaged by City.
SECTION 2: SITE LOCATION, ACCESS, PERMITS,
APPROVALS AND UTILITIES - _. _.
2.1 City will indicate to Consultant the property lines of the
site and assume responsibility for accuracy of markers.
2.2 City will provide for right-of-way for Consultant personnel
and equipment necessary toperform the work.
2.3 City will be solely responsible for applying for and
obtaining permits and approvals necessary for Consultant to
perform the work, Consultant will assist City in applying for
and obtaining such permits and approvals as needed. It is
understood that City authorizes Consultant to act as agent for
City for City's responsibilities under this section including
signing certain forms on City's behalf such as Right-of-way
forms.
2.5 City agrees to render reasonable assistance requested by
Consultant to enable performance of work without delay or
inteserence, and upon request of Consultant, to projide a suitable
workplace.
2.6 City will be responsible for locating and identifying all
subterranean structures and utilities. Cogsultant will take
reasonable precautions to avoid damage or injury to subterranean
structures and utilities identified and located by City andor
representatives of Utility Companies.
SECTION 3: SAMPLES
3.1 Consultant may retain at its facility selected soil, water, or
material samples for a maximum of 30 days after completion of
the work and submission of Consultant's report, which samples
shall remain the property of City. Unless otherwise directed by
the City, Consultant may dispose of any samples after 30 days.
3.2 Disposal of contaminated or hazardous waste samples is the
responsibility of City. After said 30 days, City will be responsible
to select and arrange for lawful disposal procedures that include
removal of samples from Consultants custody and transporting
them to a disposal site. City may request, or if City does not
arrange for disposal, Consultant may deliver samples to City,
freight collect, or arrange for lawful disposal and bill City at cost
plus 15%.
SECTION 4: FEE PAYMENT / CLAIMS
4.1 Consultant will submit invoices to City monthly, and a final
invoice upon completion of work. Invoices will show charges
based on the current Consultant Fee Schedule or other documents
as attached.
4.2 To receive any payment on this Contract, the invoice or bill
must include the following signed and dated statement: '7 declare
under penalty of perjury that this account, claim, or demand is
just and correct and that no part of it has been paid."
2.4 While Consultant will take reasonable precautions to
minimize any damage to property, it is understood by City that
in the nod course of the work some damage may occur.
The correction of any damage is the responsibility of City or,
at City's direction, the damage may be corrected by Consultant
and billed to City at cost plus 15%. Notwithstanding the
above, Consultant agrees to be responsible for damage caused
4.3 The balance stated on the invoice shall be deemed correct
unless City notifies Consultant, in writing, of the particular item
that is alleged to be incorrect within ten (10) days from the
invoice date. Consultant will review the alleged incorrect item
witbin ten (10) days and either submits a corrected invoice or a
statement indicating the original amount is correct.
Ci@ of Eden Prairie General Conditions
#nsultmt Agreement
LIecemAer 2000
Page I of 4 4
4.4 Payment is due upon receipt of invoice (or comcted
mvoice) and is past due skdy (60) days fbm invoice date. On
past due accounts, City will pay a bce charge of 1.5% per
month on the unpaid balance, or the maximum allowed by law,
whichever is less, until invoice is fiilly paid
4.5 If City fails to pay Consultant within sixty (60) days
following invoice date, Consultant may deem the default a
breach of its agreement, terminate the agreement, and be
relieved of any and all duties under the agreement. City
however, will not be relieved of Fee Payment responsibilities
by the default or termination of the agreement.
4.6 City will be solely responsible for applying for and
obtaining any applicable compensation fund reimbursements
from various state and federal programs. Consultant. may
assist City in applying for or meeting notification
requirements, however. Consultant makes no representations
or guarantees as to what fund reimbursement City may receive.
Consultant shall not be liable for any reductions from
reimbursement programs made for any reason by state or
federal agencies, except as may be caused by Consultant's
negligence.
4.7 City may withhold from any final payment due the
Consultant such amounts as are incurred or expended by the
City on account of the termination of the Contract.
SECTION 5: OWNERSHIP OF DOCUMENTS
5.1 .Consultant will deliver to City certain reports as
instruments of the professional work or services performed
pursuant to this Agrkemeiit. All reports are intendedjolely for
City, and Consultant will not be liable for any interpretations
made by others.
5.2 City agrees that all reports and other work furnished to
City, or City's agents or representatives, which are not paid for,
will be returned to Consultant upon dedd and will not be
used by City for any purpose.
5.3 Unless otherwise agreed, Consultant will retain all
pertinent records or reports concerning work and services
performed for a period of at least two (2) years after report is
submitted During that time the records will be made available
to City during Consultants normal business hours. City may
obtain reproducible copies of all software, manuals, maps,
drawings, logs and reports at cost, plus 15%, for data and
materials not being provided as part of the scope of work for
the project.
5.4 City may use the Consultant report in its entirety and may
make copies of the entire report available to others. However,
City shall not make disclosure to others of any portions or
excerpts of a report constituting less than the entire report, or
of Eden Prairie General cbnditions
ConnJant Apreement
December2000
Page 2 of 4
to mislead others by omitting certain aspects contained m the
rep&
5.5 consultant will consider Project Information as confidential
and will not disclose to third parties information that it acquires,
uncovers, or generates in the course of performing the work,
except as and to the extent Consultant may, in its sole discretion,
deem itself required by law to disclose.
SECTION 6: DISPUTES /U[MITATIONS OFREMEDIES
6.1 In the event of a breach of Contract by City, the Consultant
shall not be entitled to recover punitive, special or consequential
damages or damages for loss of business.
6.2 City will pay all reasonable litigation or collection expenses
including attorney fees that Consultant incurs in collecting any
delinquent amount City owes under this agreement. .
6.3 If City institutes a suit against Consultant, which is dismissed,
dropped, or for which judgement is rendered for Consultant, City
will pay Consultant for all costs of defense, including attorney
fees, expert witness fees and court costs.
6.4 If Consultant institutes a suit against City, which is dismissed,
dropped, or for which judgement is rendered for City, Consultant
will pay City for all costs of defense, including attorney fees,
expert witness fees and court costs.
6.5 Dispute Resolution
6.5.1 Mediatioq
All claims, disputes and other matters in question (hereinafter
"claim") between the parties to this Agreement, arising out of or
relating to this Agreement or the breach thereof, shall be subject
to mediation. If the parties have not resolved the dispute within
thirty (30) days of receipt of a written complaint, each party may
require the dispute be submitted for mediation. If the parties are
unable to agree on a mediator within ten (10) days following a
request for mediation, either party may request that a mediator be
appointed by the Fourth Judicial District Court. The parties agree
to share equally all fees incurred in'the mediation.
,
The parties shall submit to mediation for a minimum of eight (8)
hours. The parties agree that the mediation proceedings are
private and confidential. If, at the end. of eight hours of
mediation, the parties have not resolved the dispute, the parties
may agree to extend hours of mediation.
6.5.2 Arbitration
At the option of the party asserting the same, a claim between the
parties to this Agreement, arising out of or relating to this
Agreement or the breach thereof, whereby the party or parties
5
r
'asserting the same claims entitlement to damages or payment
of less than $25,000.00 in aggregate may be decided by
arbitration in accordance with the construction Industry
ArbitrationRules of the American Arbitration Association then
existing unless the parties mutually agree otherwise. In the
event any person shall commence an action in any court for
any claim arising out of or relating to this Agreement or the
breach thereof or the Project or construction thereof or any
contract for such construction, the party making a claim in
arbitration may dismiss such proceedings (unless the hearing
on the claim has commenced) and elect to assert its claim in
such action if such party could have done so but for the
provisions of this Paragraph.
The parties agree to bear equal responsibility for the fees of
AAA, including the arbitrator($. Judgement upon the award
rendered by the arbitrator(s) may be entered in any court
having jurisdiction thereof.
In the event that arbitration services are not available from
AAA, either party may request that an arbitrator be appointed
by the Fourth Judicial District Court.
6.5.3 Compliance
The parties deem the dispute resolution procedure as set forth
herein to be an integral and essential part of this Agreement.
A party's failure to comply in all respects with this procedure
shall be a substantial breach of this Agreement. The
arbitrator(s) shall be authorized to assess costs and attorney's
fees against a party that has failed to comply with the
procedure in all respects, and, may as a condition precedent to
arbitration, require the p&es to mediate in accordakce with
Section 6.5.1 hereof. .
SECTION 7: STANDARD OF CARE
7.1 Because no samphg program can prove the non-existence
or non-presence of contaminated conditions or materials
throughout the "entire" site or facility, Consultant cannot
warrant, represent, guarantee, or certify the non-existence or
non-presence, or the extent of existence or presence, of
contaminated conditions or materials, and City's obligation
under this agreement will not be contingent upon Consultads
delivery of any warranties, representations, guarantees, or
certifications.
7.2 Consultant's opinions, conclusions, recommendations, and
report will be prepared in accordance with the proposal, scope
of work, and Limitations of Environme&tl Assessments and
no warranties, representations, guarantees, or certifications will
be made. Except that Consultant warrants that hardware and
software will perform as represented in proposal and other
parts of this agreement.
Ci@ of Eden Prairie General Gmditiom
Consultant Agreement
December2000
Puge 3 of 4
7.3 Although data obtained from discrete sample locations will be
used'to infer conditions between sample locations no guarantee
may be given that the inferred conditions exist because so&
surface and groundwater quality conditions between sample
locations may vary significantly, and because conditions at the
time of sample collection may also vary significantly with respect
to soil, surface water and groundwater quality at any other given
time and for other reasons beyond Consultant's control.
7.4 Consultant will not be responsible or liable for the
interpretation of its data or report by others.
SECTION 8: GENERAL INDEMNIFICATION
8.1 Consultant will indemnify and hold City harmless from and
against demands, damages, and expenses caused by Consultant's
negligent acts and omissions, and breach of contract and those
negligent acts, omissions, and breaches of persons for whom
Consultant is legally responsible. City will indemnify and hold
Consultant harmless fiom and against demands, damages, and
expenses caused by City's negligent acts and omissio&, and
breach of contract and those acts, omissions, and breaches of
persons for whom City is legally responsible.
SECTION 9: INSURANCE I WORI<ER'S
COMPENSATION
9.1 Consultant represents and warrants that it has and will
maintain during the performance of this agreement Worker's
Compensation Insurance coverage required puisuant to Minn.
Stat. 176.181, subd. 2 and that the Certificate of Insurance or the
written order of the Commissioner of Commerce permitting self
insurance of Worker's Compensation Insurance' coverage
provided to the City prior to execution of this agreement is
current and in force and effect.
9.2 Consultant shall procure and maintain professional liability
insurance for protection fiom claims arising out of professional
services caused by any negligent act, error or omission for which
Consultant is legally liable.
9.3 Certificate of insurance will be provided to City upon request.
SECTION 10: TERMINATION
10.1 The agreement between Consultant and City may be
terminated by either party upon thirty- (30) days written notice.
10.2 If the agreement is terminated prior to completion of the
project, Consultant will receive an equitable adjustment of
compensation.
6
n kEClTONll: ASSIGNMENT SECTION 17: DATAPRAClTCES ACT CObTPLUNCE
11.1 Neither party may assign duties, rights or interests m the
performance of the work without obtaining the prior Written
consent of the other party, which consent will not be
unreasonably withheld.
17.1 The Consnltant shall at all times abide by Minn, Stat 13-01
et seq., the Mk~esota Government Data Practices Act, to the
extent the Act is applicable to data and documents in the
possession of the Consultant
SECTION 12: DELAYS SECTION 18: DISCRIMINATION
12.1 If Consultant is delayed in performance due to any cause
beyond its reasonable control, including but not limited to
strikes, riots, fires, acts of God, governmental actions, actions
of a third party, or actions or inactions of City, the time for
performance shall be extended by a period of time lost by
reason of,the delay. Consultant will be entitled to payment for
its reasonable additional charges, if any, due to the delay.
SECTION 13: EXTRA WORK
13.1 Extra work, .additional compensation for same, and
extension of time for completion shall be covered by written
amendment to this agreement prior to proceeding with any
extra work or related expenditures.
SECTION 14: WITHJ3OLDING TAXES
14.1 No final payment shall be made to the Consultant until
the Consultant has provided satisfactory evidence to the City
that the Consultant and each of its subcontracts has complied
with the provisions of Minn. Stat. 290192 relating to
withholding of income taxes upon wages. A certificate by the
Commissioner of Revenue shall satisfy this requirement. - .. -.
SECTION15: AUDITS .
15.1 The books, records, documents. and accounting
procedures and practices of the Consultant or other parties
relevant to this Agreement are subject to examination by the
City and either the Legislative Auditor or the State Auditor for
a period of six (6) years after the effective date of this
Contract.
SECTION 16: PAYMENT TO SUBCONTRACTORS
16.1 The Consultant shall pay to any Subcontractor within ten
(10) days of the Consultant's receipt of payment fiom the City
for undisputed services provided by the Subcontractor. The
Consultant shall pay interest of one and a half percent
(1-1/2%) per month or any part of a month to a Subcontractor
on any undisputed amount not paid on time $0 the
Subcontractor. The minimum monthly interest penalty
payment for an unpaid balance of $100.00 or more is $10.00.
For an unpaid balance of less than $100.00, the Consultant
shall pay the actual amount due to the Subcontractor.
City of Eden Prairie General Conditions
Consullant Agreement
December 2000
Page 4 of 4
In performance of this contract, the Consultant shall not
discriminate on the grounds of or because of race, color, creed,
religion, national origin, sex, marital status, status with regards to
public assistance, disability, sexual orientation, or age against any
employee of the Consultant, any subcontractor of the Consultant,
or any applicant for employment. The Consultant shall include a
similar provision in all contracts with subcontractors to this
Contract. The Consultant further agrees to comply will all aspects
of the Minnesota Human Rights Act, Minn. Stat. 363.01, et seq.;
Title VI of the Civil Rights Actof 1964, and the Americans with
Disabilities Act of 1990.
SECTION 19: CONFLICTS
No salaried officer or employee of the City and no member of the
Board of the City shall have a financial interest, direct or indirect,
in this contract. The violation of this provision renders the
Contract void. Any federal regulations and applicable state
statutes shall not be violated.
SECTION 20: ENTIRE AGREEMENT
18.1 This Agreement contains the entire understanding between
the City and Consultant and supersedes any prior written or oral
agreements between them respecting the written subject matter.
There are no representations, agreements, arrangements or
understandings, oral or written between City and Consultant
relating to the subject matter of this Agreement which are not
fully expressed herein.
18.2 The agreement between Consultant and City may be
modified only by a written amendment executed by both City and
Consultant.
18.3 This agreement is governed by the laws ofthe State of
Minnesota.
CITYCOUNCILAGENDA
SECTION Consent Agenda
SERVICE AREA:
Management Services,
Wayne Estenson
DATE:
June 4,2002
ITEM DESCRIPTION:
Direct Staf€to not Waive the Monetary Limits
on Tort Liability Established by Minnesota
Statutes 466.04
I 1
ITEM NO.
=.T,
Requested Action
Move to: Direct staff to not waive the monetary limits on municipal tort liability established by Minnesota
Statutes 466.04.
Synopsis
The City of Eden Prairie obtains liability coverage fkom the League of Minnesota Cities Insurance
Trust. Each City Council must formally decide whether to waive or not to waive the statutory tort
liability limits to the extent of the coverage purchased. Staff recommends that the City choose not to
waive.
Background
Attachments
f
LMCIT LIAJ3ILrTy COYEXAGE - WAIVER FORM
Cities obtaining liability coverage .from the League of Minnesota Cities Insurance Trust must decide
whether or not to waive the statutory tort liability Ernits to the extent of the coverage purchased. The
decision to waive or not to waive the statutory IimitS has the following effects:
- - Ifthe city does not waive the statutory tort limits, an individual claimant would be able to recover no
more than $300,000.on any claim to which the statutory tort limits apply. The total which all claimants
would be able to recover for a single occurrence to which the statutory tort limits apply would be limited
to $1,000,000. These statutory tort limits would apply regardless of whether or not the city purchases
the optional excess liability coverage.
rfthe city waives the statutory tort limits and does not purchase excess liability coverage, a single
claimant could potentially recover up to $1,000,000. on a single occurrence. The total which all
claimants would be able to recover for 'a single occurrence to which the statutory tort limits apply would
also be limited to $1,000,000., regardless of the number of claimants.
. lfthe city waives the statutory tort limits andpurchases excess liabiIiQ coveragee, a single claimant
could potentially recover an amount up to the limit of the coverage purchased. The total which all
claimants would be able to recover for a single occurrence to which the statutory tort limits apply would
also be limited to the amount of coverage purchased, regardless of the number of claimants.
Claims to which the statutory municipal tort limits do not apply are not affected by this decision.
This decision must be made by the city council. Cities purchasing coverage must complete and return
this form to LMCIT before the effective date of the coverage. For further information, contact LMCIT.
You may also wish to discuss these issues with your city attorney.
The City of
Minnesota Cities Insurance Trust (LMCIT).
accepts liability coverage limits of $ from the Leasue of
Clieck one:
(/ The city DOES NOT WAIVE the monetary limits on municipal tort liability established
by Minnesota Statutes 466.04.
The Sty WAIVES the monetary limits on tort liability established by Minnesota Statutes
466.04, to the extent of the limits of the liability coverage obtained from LMCIT.
Date of city council meeting
Signature Position
Return this coinpiered form to MCn, 145 Universiry Aye. W., St. Paul, MLV. 55103-2044
Pqe 1 of 1
CITY COUNCIL AGENDA SECTION Consent
SERVICE AREA:
Community Development
& Financial Services:
Don Uram
David Lindahl
ITEM DESCRIPTION:
Dunn Bros Lease of Smith-Douglas-More
Property
Requested Council Action:
DATE: June 4,2002
ITEM NO.
yi ,J-c
Move to:
Approve lease between the City of Eden Prairie and Ceefay Leasing , LLC (Dunn Bros Coffee) at the
Smith-Douglas-More Property located at 8 107 Eden Prairie Road.
Synopsis:
Staff has been negotiating a lease on behalf of the City for a Dunn Bros Coffee at the Smith-Douglas
More property. The main terms of the lease include:
Lease Commencement - November 1 , 2002.
Term - 5 years with Go 5-year options.
Initial annual rent - $60,558 with annual increases based on a Consumer Price Index based multiplier, - City will pay up to $90,000 for tenant improvements - to be repaid in addition to rent over a three
- Tenant will maintain property.
Any repairs or alterations must receive written consent of the City and the Heritage Preservation
year period at Prime Rate of interest.
Commission.
Background:
As the Council is aware, the City intends to restore and add on to the Smith-Douglas-More property and
lease it for a Dm Bros Coffee. The design process is going very well and final plans are nearly
complete. The process has gone smoothly with a lot of good collaboration between the Heritage
Preservation Committee, the architectural team, and staff. A bid opening is planned for late June with
construction expected to start in early July. If all goes well, Dunn Bros should be open for business in
November.
Attachments:
Lease
f
LEASE
Landlord
City of Eden Prairie
Tenant
Ceefay Leasing, LLC
TABLE OF CONTENTS
ARTICLE PAGE
.. REFERENCE PAGE ll
1 . TEN 1
2 . RENT 2
...............................................................................................
................................................................................................
3 . INTENTIONALLY OMMITTED ............................................................... 3
4 . ADDITIONAL RENT ............................................................................ 3
5 . USE OF PREMISES; TENANT COVENANTS ............................................. 4
6 . ALTERATIONS ................................................................................... 6
7 . REPAIR ................................................................. ........................... 6
8 . LIENS ............................................................................................... 7
9 . ASSIGNMENT AND SUBLETTING ......................................................... 7
10 . INDEMNIFICATION ............................................................................ 9
12 . SERVICES AND UTlLITIES ................................................................... 11
13 . HOLDING OVER ................................................................................. 11
14 . SUBORDINATION .............................................................................. 11
15 .. REENTRY BY LANDLORD ................................................................... 12
16 . DEFAULT .......................................................................................... 12
17 . REMEDIES 14
18 . TENANT’S BANKRUPTCYOR INSOLVENCY ............................................ 17
19 . QUIET ENJOYMENT ........................................................................... 18
20 . DAMAGE BY FIRE, ETC ....................................................................... 19
21 . EMINENT DO MAZN ............................................................................. 20
22 . SALE BYLANDLO RD ......................................................................... 21
23 . ESTOPPEL CERTIFICATES ................................................................... 21
. 24 . SURRENDER OF PREMISES .................................................................. 21
25 . NOTICES .......................................................................................... 22
26 . TAXES PAYABLE BY TENANT ............................................................. 23
28 . TENANT’S AUTHORITY ...................................................................... 24
30 . SUCCESSORS AND ASSIGNS ............................................................... 24
31 . ENTIRE AG~E ........................................................................... 24
32 . EXAMINATIONNOT OPTION ............................................................... 25
33 . RECORDATION ................................................................................. 25
34 . LIMITATION OF LIABILITY .................................................................. 25
11 . INSURANCE ...................................................................................... 10
........................................................................................
27 . DEFINED TERMS AND HEADINGS ......................................................... 23
29 . TIME AND APPLICABLE LAW ............................................................... 24
EXHIBIT A-PREMISES LEGALDESCRIPTION ................................................... 26
EXHlBITB-PLANS FORIMPROVEMENTS ......................................................... 27
EXHIBIT C-RULES AND REGULATIONS .......................................................... 28
EXHlBIT D-MUNICIPAL CONTRACT PROVISIONS ............................................. 31
1
3
SMITH, DOUGLAS, MORE HOUSE LEASE REFERENCE PAGE
PREMISES : Smith, Douglas More House
LANDLORD
LANDLORD’S ADDRESS:
Eden Prairie, Minnesota 55344
City of Eden Prairie
8080 Mitchell Road
Eden Prairie, Minnesota 55344
LEASE REFERENCE DATE: ,2002
TENANT: Ceefay Leasing, LLC
TENANT’S ADDRESS:
PREMISES AREA:
USE:
TENANT’S TRADENAMES:
TENDER DATE:
COMMENCEMENT DATE:
TERMINATION DATE:
TERM OF LEASE:
RENEWAL TERM:
INITIALANNUALRENT:
11 1 Third Avenue South
Suite 160
Minneapolis, MN 55401
Approximately 3,327 square feet, of which
2,274 square feet is on the main floor and
1,053 square feet is on the second floor
Coffee Shop and Bakery
Dum Bros. Coffee
September 15,2002
November 1,2002
December 3 1,2007
Approximately 5 years, Beginning on the
Commencement Date and ending on the
Termination Date (unless sooner terminated
pursuant to the Lease)
Lease is subject to two (2) five (5)-year
renewal Terms, which may be exercised
pursuant to the Lease.
$ 60,558.00 .. 11
INITIALMONTHLY INSTALLMENT
OF ANNUAL RENT (Article 2): $ 5,046.50
SECURITY DEPOSIT: $ 5,046.50
ASSIGNMENTkXJBLETTING FEE: None
The Reference Page information is incorporated into and made a part of the Lease. In the
event of any conflict between any Reference Page information and the Lease, the Lease shall
control. This Lease includes Exhibits A through D, all of which are made a part of this Lease.
LANDLORD:
CITY OF EDEN PRAlRIE
By: ..
Nancy Tyra-Lukens, Its Mayor
By:
* Its City Manager W&(
Dated:
TENANT:
CEEFAY LEASING, LLC @\
By:
iii
5
By this Lease Landlord leases to Tenant and Tenant leases &om Landlord the Premises as
set forth and described on the Reference Page. The Reference Page, including all terms defined
thereon, is incorporated as part of this Lease.
1. TERM.
1.1 Landlord shall tender possession of the Premises on or before September 15,2002
(“Tender Date)’) with all the work to be performed by Landlord pursuant to
Exhibit B to this Lease substantially completed. This Lease shall begin on
November 1 , 2002 (“Commencement Date)’).
This Lease shall have a term of approximately five (5) years, beginning on the
Commencement Date and ending on December 3 1,2007 (“Termination Date”).
1.2
1.3 Subject to the terms provided herein, and provided Tenant is not in default as
provided in this Lease, Tenant shall have two (2) options to extend the term of
this Lease for a period of five (5) years (“First Option Term” and “Second Option
Term,” or collectively “Option Terms”) immediately following the initial term
(“Options”). The Options granted to Tenant in this Lease are personal to the
original Tenant and may be exercised only by the original Tenant, OR Franchisee
who this Lease has been assigned to pursuant to section 9.1.1 of the Lease, while
occupying the Premises, who does so without the intent of thereafter assigning
this Lease or subletting the Premises or any portion thereof, and may not be
exercised or be assigned, voluntarily or involuntarily, by or to any person or entity
other than Tenant. The Options herein granted to Tenant are not assignable,
except to a Franchisee under Section 9.1.1 of this Lease, separate and apart from
this Lease, nor may the Options be separated from this Lease in any manner,
whether by reservation or otherwise.
1.3.1 The First Option Term shall be exercised, if at all, by written notice
delivered by Tenant to Landlord not later than six (6) months prior to the
end of the initial term of this Lease. Provided Tenant has properly and
timely exercised the First Option, the initial term of this Lease shall be
extended by the First Option Term, and all terms, covenants and
conditions of the Lease shall remain unmodified and in full force and
effect, except for the Rent, which shall be adjusted pursuant to Paragraph
2.3 below.
1.3.2 The Second Option Term‘shall be exercised, if at all, by written request
delivered by Tenant to Landlord not later than six (6) months prior to the
end of the initial term of this Lease. In the event that Tenant delivers a
request to exercise the Second Option Term, Landlord shall have ninety
(90) days to reject the Second Option Term by written notice to the
Tenant. 2 Provided Tenant has properly and timely exercised the Second
Option and the Landlord has not exercised its right to reject the Second
Option Term, the term of this Lease shall be extended by the Second
Option Term, and all terns, covenants and conditions of the Lease shall
remain unmodified and in 111 force and effect, except for the Rent, which
shall be adjusted pursuant to Paragraph 2.3 below.
1.4 The Premises is subject to, or will require, a Conditional Use Permit from the City
of Eden Prairie for the proposed use of the Premises. In the event that the
Conditional Use Permit is not granted prior to the Tender Date, Tenant shall have
the right at its option to terminate this Lease, in which case Tenant shall have no
obligations hereunder. In the event that the Conditional Use Permit is terminated,
expires, or is not renewed for any reason, other than an intentioanl act of Tenant
which casues the nonrenewal, this Lease shall terminate as of the date the
Conditional Use Permit is so terminated. In the event of such termination, Tenant
shall pay all Rent, including Additional Rent, due through the date of termination,
but shall not be reasponsible for any hrther Rent, Additonal Rent, or other
amounts under this Lease.
2. RENT.
2.1. Tenant agrees to pay to Landlord the Annual Rent as provided in Section 2.2, by
paying the Monthly Installment of Rent then in effect on or before the first day of
each full calendar month during the Term, except that the first month‘s payable
rent shall be paid on the Tender Date. The Monthly Installment of Rent in effect
at any time shall be one-twelfth of the Annual Rent in effect at such time. Rent
for any period during the Term which is less than a full month shall be a prorated
portion of the Monthly Installment of Rent based upon a thirty (30) day month.
Said rent shall be paid to Landlord, without deduction or offset and without notice
or demand, at the Landlord’s address, as set forth on the Reference Page, or to
such other person or at such other place as Landlord may from time to time
designate in writing.
2.2. The Annual Rent for this lease shall be as follows: Year 1 Annual Rent
$60,558.00. (Based on a blended rate of $18.20 per square foot based on 3,327
square feet. The blended rate is calculated based upon $22.00 per square foot for
the 2,154 square feet on the main floor and $10.00 per square foot for the 1,053
square feet on the second Eoorj. Year 2 (commencing January 1, 2004) and each
subsequent year thereafter the Annual Rent payable shall be the product obtained
by muliplying the previous year’s Annual Rent by a fiaction, the numerator of
which is the Consumer Price Index All Urban Consumers, U.S. City Average -
All Items, Base 1982-1984 equals 100, as published by the U.S. Department of
Labor Statistics (“CPI-U”) for the month that is three (3) months preceding the
first day of the then current year of this Lease, and the denominator of which is
-?-
the CPI-U for the month one year prior to the month in the numerator. Ifthe CPI-
U is discontinued, comparable statistics on the purchasing power of the consumer
dollar published by the U.S. Department of Labor or its successors as designated
by Landlord shall be used for making the computations in this paragraph- In the
event that the base period (1982-1984 equals 100) used in computing the CPI-U is
changed, the figures used in making the adjustment shall accordingly be changed
so that changes in the CPI-U are taken into account with the same mathematical
results notwithstanding any such change in the base period. In the event of any
other changes to the CPI-U, the Landlord shall designate, a comparable
calculation to be used for the calculations of this paragraph.
2.3. If Tenant, or a Franchisee who has been assigned this Lease pursuant to section
9.1.1 of this Lease, exercises its option to renew the Lease pursuant to Section 1.3
above, the Annual Rent for the option period shall be calculated using the same
formula as Set forth in Section 2.2 of this Lease.
2.4. Tenant recognizes that late payment of any rent or other sum due under this Lease
will result in administrative expense to Landlord, the extent of which additional
expense is extremely difficult and economically impractical to ascertain. Tenant
therefore agrees that if rent or any other sum is not paid within ten (10) days of its
due date and payable pursuant to this Lease, a late charge shall be imposed in an
amount equal to the greater of (a) Fifty Dollars ($50.00), or (b) a sum equal to
five percent (5%) per month of the unpaid rent or other payment. The amount of
the late charge to be paid by Tenant shall be reassessed and added to Tenant’s
obligation for each successive monthly period until paid. The provisions of this
Section 2.4 in no way relieve Tenant of the obligation to pay rent or other
payments on or before the date on which they are due, nor do the terms of this
Section 2.4 in any way affect Landlord’s remedies pursuant to Article 17 of this
Lease in the event said rent or other payment is unpaid after date due.
2.5 In order to perform this Lease Tenant will be required to perform certain work on
the Premises pljor to the Commencement Date of this Lease (“Tenant
Improvements”). The Original Tenant, and not any assignee whether the assignee
be a Franchisee or not, may finance the Tenant Improvements as Additional Rent
under this Lease. In the event that Tenant exercises this option Landlord shall pay
for the Tenant Improvements, up to $90,000.00. Tenant shall repay Landlord all
sums advanced for Tenant Improvements as Additional Rent amortized over a
period of three (3) years at the Prime Rate of interest. In the event that Tenant
assigns this lease after the Tenant Improvements have been financed by Landlord,
the assignee shall make the Additional Rent payments for the financed Tenant
Improvements to Landlord. No assignment of this Lease shall accelerate the
Tenant’s, or any assignee’s, obligations to repay the financed Tenant
Improvements. Tenant shall sign any additional documents evidencing and
securing the debt, reasonably requested by Landlord, including but not limited to
promissory notes, security agreements, financing statements, or mortgages.
3. l"TI0NALLY OMITTED,
4. ADDITIONAL RENT
Any money or sums, other than Annual Rent, due under this Lease shall be considered
additional rent and be due with the next Monthly Installment of Rent, unless otherwise
indicated in this Lease.
5. USE OF PREMISES; TENANT COVENANTS.
5.1. Tenant shall in good faith continuously throughout the Term of this lease conduct
and carry..on in the entire Premises under Tenant's Trade Names the type of
business described on the Reference Page and shall not conduct or carry on any
other business without the prior express written consent of Landlord. Provided,
however, if it no longer becomes financially viable for Tenant to continue its
business the Tenant may cease operation of the business upon giving Landlord
twelve (12) months written notice of such intent to cease operation. In the event
that Tenant elects to cease operation of its business Tenant shall cooperate with
Landlord to find a new Tenant for the Premises and Landlord may terminate this
Lease and Tenant shall vacate the Premises upon thrity (30) days written notice
from Landlord. Nothing contained in this section, except any termination of this
Lease by Landlord, shall in any way alter or eliminate Tenant's obligation to pay
Rent under this Lease.
5.2. Tenant shall comply with all governmental laws, ordinances and regulations
applicable to the use of the Premises and its occupancy and shall promptly
comply with all governmental orders and directions for the correction, prevention
and abatement of any violations in or upon, or in connection with, the Premises,
all at Tenant's sole expense.
5.3. Tenant shall operate its business in a dignified manner and in accordance with
high standards of a store operation and shall, at all times when the Premises are
open for business to the public, keep the Premises properly equipped with
fixtures, stocked with an adequate supply of merchandise and attended by
adequate personnel.
5.4. Tenant agrees to comply with and observe the rules and regulations shown on
Exhibit C. Tenant's failure to keep and observe said rules and regulations shall .
constitute a breach of the terms of this Lease as ifthe same were contained herein
as covenants following the notice and/or cure periods set forth in Section 16.1.2
hereof Landlord reserves the right from time to time to amend or supplement
said rules nd regulations. Notice of such amendments and supplements shall be
given to Tenant and Tenant agrees to comply with and observe all such rules and
P 7
5.5.
regulations, as revised, to the extent the amendments and supplements are not
inconsistent with the rules contained in Exhibit C or any other provision of this
Lease.
Tenant shall at all times herein maintain the Premises. Tenant’s maintenance
obligations shall include, but are not limited to, lawn care, snow plowing, snow
shoveling, garbage removal, painting, cleaning, upkeep, and other similar
obligations. In the event that Tenant fails to adequately maintain the’premises,
Landlord reserves the right to perfbrm any and all maintenance on the Premises.
In the event that Landlord performs any such maintenance, Tenant shall reimburse
Landlord upon demand, as additional rent, for any and all costs incurred by
Landlord as a result of performing said maintenance with its next installment of
rent due pursuant to this Lease following submission to Tenant of an invoice
thereof and reasonable documentation relating thereto.
5.6. Tenant acknowledges that the Premises has been designated as an Historic House.
Tenant’s use of the Premises, including maintenance of the Premises, shall at all
times comply with all laws, rules, and regulations related to the Historic House
designation.
5.7. Tenant shall not, and shall not direct, suffer or permit any of its agents,
contractors, employees, licensees or invitees to at any time handle, use,
manufacture, store or dispose of in or about the Premises any (collectively
“Hazardous Materials”) flammables, explosives, radioactive materials, hazardous
wastes or materials, toxic wastes or materials, or other similar substances,
petroleum products or derivatives or any substance subject to regulation by or
under any federal, state and local laws and ordinances relating to the protection of
the environment or the keeping, use or disposition of environmentally hazardous
materials, substances, or wastes, presently in effect or hereafter adopted, all
amendments to any of them, wd all rules and regulations issued pursuant to any
of such laws or ordinances (collectively “Environmental Laws”), nor shall Tenant
suffer or permit any Hazardous Materials to be used in any manner not filly in
compliance with all Environmental Laws, in the Premises and appurtenant land or
allow the Premises to become contaminated with any Hazardous Materials.
Notwithstanding the foregoing, Tenant may handle, store, use or dispose of
products containing small quantities of Hazardous Materials (such as aerosol cans
containing insecticides, toner for copiers, paints, paint remover and the like) to the
extent customary and necessary for the use of the Premises for the purposes
permitted hereunder; provided that Tenant shall d-ways handle, store, use, and
dispose of any such Hazardous Materials in a safe and lawful manner and never
allow such Hazardous Materials to contaminate the Premises and appurtenant land
or the environment. Tenant shall protect, defend, indemnifjr and hold the
Landlord harmless fiom and against any and all loss, claims, liabiity or costs
(including court costs and attorney’s fees) incurred by reason of any actual or.
asserted failure of Tenant to llly comply with all applicable Environmental
Laws, or the presence, handling, use or disposition in or fiom the Premises of any
Hazardous Materials (even though permissible under all applicable Environmental
Laws or the provisions of this Lease), or by reason of any actual or asserted
failure of Tenant to keep, observe, or perform any provision of this Section 5.7.
5.8. Any signs used on the Premises shall comply with the Eden Prairie City Code
then in effect and must be approved by the Eden Prairie Historic Preservation
Commission.
5.9 Tenant shall not allow any smoking, or other use of tobacco products, by Tenant
or any guest, invitee, or other person on the Premises, in any building located on
the Premises. .
6. ALTERATIONS.
6.1. Tenant shall not make or suffer to be made any alterations or improvements,
including but not limited to, the attachment of any fixtures or equipment in, on, or
to the Premises or any part thereof without prior written consent of Landlord and
the Eden Prairie Historic Preservation Commission.
6.2. All alterations, additions or improvements proposed by Tenant shall be
constructed in accordance with all government laws, ordinances, rules and
regulations and Tenant shall, prior to construction, provide the additional
insurance required under Article 11 in such case, and also all such assurances to
Landlord, including but not limited to, waivers of liens and surety company
performance bonds, as Landlord shall require to assure payment of the costs
thereof and to protect Landlord and the Premises and appurtenant land against any
loss from any mechanic’s, materialmen’s or other liens. Tenant shall pay in
addition to any sums due pursuant to Article 4, any increase in real estate taxes
directly attributed to any such alteration, addition or improvement for so long,
during the Term, as such increase is ascertainable; said sums shall be paid in the
same way as sums due under Article 4.
6.3. All alterations, additions, and improvements in, on, or to the Premises made or
installed by Tenant, including carpeting, shall be and remain the property of
Tenant during the Term. All such alterations, additions, and improvements,
except furniture, firnishings, movable partitions of less than fill height from floor
to ceiling and other trade fixtures shall become a part of the realty and belong to
Landlord without compensation to Tenant upon the expiration or sooner
termination of the Term, at which time title shall pass to Landlord under this
Lease as by a bill of sale, unless Landlord elects otherwise. Upon such election
by Landlord, Tenant shall upon demand by Landlord, at Tenant’s sole cost and
expense, forthwith and with all due diligence remove any such alterations,
additions or improvements which are designated by Landlord to be removed, and
Tenant shall forthwith and with all due diligence, at its sole cost and expense,
7.
7.1.
repair and restore the Premises to their original condition, reasonable wear and
tear and damage by fire or other casualty excepted.
REPAIR
Landlord shall have no obligation to alter, remodel, improve, repair, decorate or
paint the Premises, except as specified in Exhibit B. It is hereby understood and
agreed that no representations respecting the condition of the Premises have been
made by Landlord to Tenant, except as specifically set forth in this Lease.
Landlord shall not be liable for any failure to make any repairs or to perform any
maintenance unless such failure shall persist for forty-eight (48) hours &er
written notice of the need of such repairs or maintenance is given to Landlord by
Tenant. If the repair cannot be completed within forty-eight (48) hours, Landlord
shall not be liable for the failure to complete the repair so long as Landlord has
begun repair and is using its best efforts to complete the repair.
7.2. Tenant shall, at all times during the Term, keep the Premises in good condition
and repair, including windows, glass and plate glass, doors, skylights and special
store entries, interior walls and finish work, floors and floor coverings, electrical
systems and fixtures located within and/or serving the Premises, plumbing work
and fixtures and heating, ventilating and air conditioning equipment located
within and/or serving the Premises, excepting damage by fire, or other casualty,
and in compliance with all applicable governmental laws, ordinances and
regulations, promptly complying with all governmental orders and directives for
the correction, prevention and abatement of any violations or nuisances in or
upon, or connected with, the Premises, all at Tenant’s sole expense. Tenant shall,
at its own cost and expense, enter into a regularly scheduled preventive
maintenancehervice contract with a maintenance contractor approved by
Landlord for servicing all heating and air conditioning systems and equipment
serving the Premises (and a copy thereof shall be fUrnished to Landlord). The
service contract must include all services suggested by the equipment
manufacturer in the operatiodmaintenance manual and must become effective
within thirty (30) days of the date Tenant takes possession of the Premises.
Landlord may, upon notice to Tenant, enter into such a maintenancehervice
contract on behalf of Tenant or perform the work and in either case, charge
Tenant the cost thereof along with a reasonable amount for Landlord’s overhead.
8. LIENS.
Tenant shall keep the Premises and appurtenant land and Tenant’s leasehold interest in the
Premises fi-ee fi-om any liens arising out of any services, work or materials performed,
furnished, or contracted for by Tenant, or obligations incurred by Tenant. In the event that
Tenant shall not, within ten (10) days following the imposition of any such lien, either cause
the same to be released of record or provide Landlord with insurance against the same issued
by a major title insurance company or such other protection against the same as Landlord shall
accept, Landlord shall have the right to cause the same to be released by such means as it shall
deem proper, including payment of the claim giving rise to such lien. All such suns paid by
Landlord and all expenses incurred by it in connection therewith shall be considered
additional rent and shall be payable to it by Tenant on demand.
9. ASSIGNMENT AND SUBLETTING.
9.1. Tenant shall not have the right to assign or pledge this Lease, except to a
Franchisee as specified in Section 9.1.1 of this Lease, or to sublet the whole or
any part of the Premises whether voluntarily or by operation of law, or permit the
use or occupancy of the Premises by anyone other than Tenant, and shall not
make, suffer or permit such assignment, subleasing or occupancy, without the
prior written consent of Landlord. Said restrictions shall be binding upon any and
all assignees of the Lease and subtenants of the Premises. In the event Tenant
desires to sublet, or permit such occupancy of, the Premises, or any portion
thereof, or assign this Lease, Tenant shall give written notice thereof to Landlord
at least ninety (90) days but no more than one hundred eighty (180) days prior to
the proposed commencement date of such subletting or assignment, which notice
shall set forth the name of the proposed subtenant or assignee, the relevant terms
of any sublease or assignment and copies of financial reports and other relevant
financial reports and other relevant financial idormation of the proposed
subtenant or assignee.
9.1.1 Tenant shall have the option to assign this Lease to a Franchisee of Tenant
as provided in this section. Tenant shall give Landlord thirty (30) days
notice of any such request to assign this Lease and shall provide Landlord
with any franchise documents and financial reports reasonably requested
by Landlord. Landlord shall have the right to reject any Franchisee if the
fincial or franchise documents are not reasonably acceptable to Landlord.
Landlords consent to an assignment to a Franchisee will not be
unreasonably withheld. For the purposes of this Lease the term Franchisee
shall mean a paitnership, company, corporation, other entity, orindividual
who is an approved Franchisee of Tenant or its franchising affliate.
~
9.2. Notwithstanding any assignment or subletting, permitted or otherwise, Tenant
shall at all times remain directly, primarily and fblly responsible and liable for the
payment of the rent specified in this Lease and for compliance with all of its other
obligations under the terms, provisions and covenants of this Lease. Upon the
occurrence of an Event of Default, if the Premises or any part of them are then
assigned or sublet, Landlord, in addition to any other remedies provided in this
Lease or provided by law, may, at its option, collect directly from such assignee
or subtenant all rents due and becoming due to Tenant under such assignment or
sublease and apply such rent against any sums due to Landlord fiom Tenant under
Y s
this Lease, and no such collection shall be construed to constitute a release of
Tenant from the further performance of Tenant’s obligations under this Lease.
9-3. In addition to Landlord‘s right to approve of any subtenant or assignee, Landlord
shall have the option, in its sole discretion, in the event of any proposed subletting
or assignment, to terminate this Lease, or in the case of a proposed subletting of
less than the entire Premises, to recapture the portion of the Premises to be sublet,
as of the date the subletting or assignment is to be effective. The option shall be
exercised, if at all, by Landlord giving Tenant written notice within sixty (60)
days following Landlord’s receipt of Tenant’s written notice as required above. If
this Lease shall be terminated with respect to the entire Premises pursuant to this
Section, the Term of this Lease shall end on the date stated in Tenant’s notice as
the effective date of the sublease or assignment as if that date had been originally
fixed in this Lease for the expiration of the Term. If Landlord recaptures under
this Section only a portion of the Premises, the rent to be paid from time to time
during the unexpired Term shall abate proportionately based on the proportion by
which the approximate square footage of the remaining portion of the Premises
shall be less than that of the Premises as of the date immediately prior to such
recapture.
9.4. In the event that Tenant sells, sublets, assigns, or transfers this Lease and the
amount of rent and/or additional rent paid pursuant to the sale, sublease,
assignment, or transfer is greater than the amount of the rent and additional rent
payable under this Lease, Landlord shall have the right to terminate this Lease as
of the effective date of the sale, sublease, assignment, or transfer and enter a new
lease with the purchaser, sublessor, assignee, or transferee under the same terms
and conditions as the sale, sublease, assignment, or transfer. Such termination
shall release Tenant fiom any and all liability under this Lease.
9.5. Notwithstanding any other provision hereof, Tenant shall have no right to make
(and Landlord shall have the absolute right to refkse consent to) any assignment
of this Lease or sublease of any portion of the Premises if at the time of either:
Tenant’s notice of the proposed assignment or sublease or the proposed -
commencement date thereof, there shall exist any uncured default of Tenant or
matter which will become a default of Tenant with passage of time unless cured,
or if the proposed assignee or sublessee is an entity: (a) which Landlord is
already in negotiation as evidenced by the issuance of a written proposal; (b) is
incompatible with the character of occupancy of the Premises; or (c) would
subject the Premises to a use which would: (i) involve materially increased
personnel or wear upon the Premises; (ii) require any addition to or modification
of the Premises or the Premises in order to comply with building code or other
governmental requirements; or, (iii) involve violation of Section 5.7. Tenant
expressly agrees that Landlord shall have the absolute right to refkse consent to
any such assignment or sublease and that for the purposes of any statutory or
P f4
other requirement of reasonableness on the part of Landlord such reksal shall be
reasonable.
10. INDEMNIFICATION.
The Landlord shall not be liable and Tenant hereby waives all claims against Landlord
for any damage to any property or any injury to any person in or about the Premises by or
from any cause whatsoever (including without limiting the foregoing, rain or water
leakage of any character from the roof, windows, walls, basement, pipes, plumbing works
or appliances, the Premises not being in good condition or repair, gas, fire, oil, electricity
or theft), except to the extent caused by or arising fiom the negligence or intentional act
of Landlord or its agents, employees or contractors. Tenant shall protect, indemnifl and
hold the Landlord, harmless fiom and against any and all loss, claims, liability or costs
(including court costs and attorney’s fees) incurred by reason of (a) any damage to any
property (including but not limited to property of Landlord) or any injury (including but
not limited to death) to any person occurring in, on or about the Premises to the extent
that such injury or damage shall be caused by or arise from any act, neglect, fault, or
omission by or of Tenant, its agents, servants, employees, invitees, or visitors to meet any
standards imposed by any duty with respect to the injury or damage; (b) the conduct or
management of any work or thing whatsoever done by the Tenant in or about the
Premises or fiom transactions of the Tenant concerning the Premises; (c) Tenant’s failure
to comply with any and all govenmental laws, ordinances and regulations applicable to
the condition or use of the Premises or its occupancy; or (d) any breach or default on the
part of Tenant in the performance of any covenant or agreement on the part of the Tenant
to be performed pursuant to this Lease. The provisions of this Article shall survive the
termination of this Lease with respect to any claims or liability accruing prior to such
termination.
11. INSURANCE.
11.1. Tenant shall keep in force throughout the Term: (a) a Commercial General
Liability insurance policy or policies to protect the Landlord against any liability
to the public or to any invitee of Tenant or Landlord incidental to the use of or
resulting from any accident occurring in or upon the Premises with a limit of not
less than $1,000,000.00 per occurrence and not less than $2,000,000.00 in the
annual aggregate, or such larger amount as Landlord may prudently require from
time to time, covering bodily injury and property damage liability and $1,000,000
products/completed operations aggregate; (b) Business Auto Liability covering
owned, non-owned and hired vehicles with a limit of not less than $1,000,000 per
accident; (c) insurance protecting against liability under Worker’s Compensation
Laws with liits at least as required by statute; (d) Employers Liability with
limits of $500,000 each accident, $500,000 disease policy limit, $500,000
disease--each employee; (e) All Risk or Special Form coverage protecting Tenant
against loss of or damage to Tenant’s alterations, additions, improvements,
11.2.
12.
13.
11.3.
carpeting, floor coverings, panelings, decorations, fixtures, inventory, plate glass
and other business persod property situated in or about the Premises to the 111
replacement value of the property so insured; and, (0 Business Interruption
Insurance with limit of liability representing loss of at least approximately six
months of income.
Each of the aforesaid policies shall (a) be provided at Tenant’s expense; (b) name
the Landlord as an additional insured; (c) be issued by an insurance company with
a minimum Best’s rating of “AVII” during the Tern; and (d) provide that an
insurance company with said insurance shall not be canceled unless thirty (30)
days prior written notice (ten days for non-payment of premium) shall have been
given to Landlord; and said policy or policies or certificates thereof shall be
delivered to Landlord by Tenant upon the Commencement Date and at least thirty
(30) days prior to each renewal of said insurance.
Whenever Tenant shall undertake any alterations, additions or improvements in,
to or about the Premises (“Work”) the aforesaid insurance protection must extend
to and include injuries to persons and damage to property arising in connection
with such Work, without limitation including liability under any applicable
structural work act, and such other insurance as Landlord shall reasonably require;
and the policies of or certificates evidencing such insurance must be delivered to
Landlord prior to the commencement of any such Work. Tenant shall also require
surety payment and performance bonds, or other similar security approved by
Landlord for any Work done on the Premises.
SERVICES AND UTILITIES.
Tenant shall pay for all water, gas, heat, light, power, telephone, sewer, sprinkler system
charges and other utilities and services used on or from the Premises, together with any
taxes, penalties and surcharges or the like pertaining thereto and any maintenance charges
for such utilities. If any such services are not separately metered to Tenant, Tenant shall
pay all such charges determined by Landlord, in its sole discretion, to be reasonable. Any
such charges paid by Landlord and assessed against Tenant shall be immediately payable
to Landlord on demand and shall be additional rent hereunder. Landlord shall not be
liable for any interruption or failure of utility services on or to the Premises unless the
interruption or failure of service is caused by the negligence or intentional act of
Landlord or any of Landlord’s officers, directors, employees, or agents.
HOLDING OVER.
Tenant shall pay Landlord for each day Tenant retains possession of the Premises or part
thereof after termination of this Lease by lapse of time or otherwise at the then market
rental value of the Premises as determined by Landlord assuming a new lease of the
Premises of the then usual duration and other terms, prorated on a daily basis (“Holdover
Rate”), and also pay all damages sustained by Landlord by reason of such retention. If
Landlord gives notice to Tenant of Landlord’s election to that effect, such holding over
shall constitute renewal of this Lease for a period from month to month at the Holdover
Rate, but ifthe Landlord does not so elect, no such renewal shall result notwithstanding
acceptance by Landlord of any sums due hereunder after such termination; and instead, a
tenancy at sufferance at the Holdover Rate shall be deemed to have been created. In any
event, no provision of this Article 13 shall be deemed to waive Landlord’s right of
reentry or any other right under this Lease or at law.
14. SUBORDINATION.
Without the necessity of any additional document being executed by Tenant for the
purpose of effecting a subordination, this Lease shall be subject and subordinate at all
times to ground or underlying leases and to the lien of any mortgages or deeds of trust now
or hereafter placed on, against or affecting the Premises, Landlord’s interest or estate in the
Premises, or any ground or underlying lease, provided, however, that; (i) if the lessor,
mortgagee, trustee, or holder of any such mortgage or deed of trust agrees not to materially
disturb Tenant or Tenants use of the Premises or Tenant’s rights hereunder and so long as
no event of Default has occurred and is continuing, and (ii) if the lessor, mortgagee,
trustee, or holder of any such mortgage or deed of trust elects to have Tenant’s interest in
this Lease be superior to any such instrument, then, by notice to Tenant, this Lease shall be
deemed superior, whether this Lease was executed before or after said instrument.
Notwithstanding the foregoing, Tenant covenants and agrees to execute and deliver upon
demand such hrther instruments evidencing such subordination or superiority of this
Lease as may be’ required by Landlord.
15. REENTRY BY LANDLORD.
Landlord reserves and shall at all times have the right to re-enter the Premises, upon
twenty-four (24) hours notice, to inspect the same, to supply any service to be provided
by Landlord to Tenant under this Lease, to show said Premises to prospective purchasers,
mortgagees or tenants, and to alter, improve or repair the Premises and any portion of the
Premises, without abatement of rent, and may for that purpose erect, use and maintain
scaffolding, pipes, conduits and other necessary structures and open any wall, ceiling or
floor in and through the Premises where reasonably required by the character of the work
to be performed. Landlord may enter the Premises without notice in the event of a
burglary, fire, medical emergency, natural disaster, or other similar emergency. Tenant
hereby waives any claim for damages for any injury or inconvenience to or interference
with Tenant’s business, any loss of occupancy or quiet enjoyment of the Premises, and
any other loss occasioned by any action of Landlord authorized by this Article 15.
Nothing in this Article 15 waives or shall be construed as waiving any claim by Tenant
for any negligent or intentional act of Landlord or any employee, contractor, or agent of
Landlord which in any way damages Tenant or Tenant’s rights under this Lease. In the
event that Landlord discovers a defect or other problem with the premises during such re-
entry, Landlord may correct the defect or problem and Tenant shall reimburse Landlord
on demand, as additional rent, for any expenses which Landlord may incur in correcting
the defect or problem provided that Tenant was responsible for the repair of the defect or
problem pursuant to Article 7.2 of this Lease.
16. DEFAULT.
16.1 Except as otherwise provided in Article 18, the following events shall be deemed
to be Events of Default under this Lease:
16.1.1. Tenant shall fail to pay when due any sum of money becoming due to be
paid to Landlord under this Lease, whether such sum be any installment of
the rent reserved by this Lease, any other amount treated as additional rent
under this Lease, or any other payment or reimbursement to Landlord
required by this Lease, whether or not treated as additional rent under this
Lease, and .such failure shall continue for a period of five days after
written notice that such payment was not made when due, but if any such
notice shall be given, for the twelve month period commencing with the
date of such notice, the failure to pay within five .days after due any
additional sum of money becoming due to be paid to Landlord under this
Lease during such period shall be an Event of Default, without notice.
16.1.2. Tenant shall fall to comply with any term, provision or covenant of this
Lease which is not provided for in another Section of this Article and shall
not cure such failure within twenty (20) days (forthwith, if the failure
involves a hazardous condition) after written notice of such failure to
Tenant or if such failure cannot reasonably be cured with such twenty (20)
days, Tenant shall fail to commence such cure within such twenty (20) day
period and diligently pursue the same to completion.
16.1.3. Tenant shall abandon or vacate any substantial portion of the Premises or
cease continuously operating its business therein, except as provided in
Section 5.1 of this Lease.
.
16.1.4. Tenant shall fall to vacate the Premises immediately upon termination of
this Lease, by lapse of time or otherwise, or upon termination of Tenant's
right to possession only.
16.1.5. Tenant shall become insolvent, admit in writing its inability to pay its
debts generally as they become due, file a petition in bankruptcy or a
petition to take advantage of any insolvency stakte, make an assignment
for the benefit of creditors, make a transfer in fiaud of creditors, apply for
or consent to the appointment of a receiver of itself or of the whole or any
substantial part of its property, or file a petition or answer seeking
reorganization or arrangement under the federal bankruptcy laws, as now
in effect or hereafter amended, or any other applicable law or statute of the
United States or any state thereof
16.1-6. A court of competent jurisdiction shall enter an order, judgment or decree
adjudicating Tenant bankrupt, or appointing a receiver of Tenant, or of the
whole or any substantial part of its property, without the consent of
Tenant, or approving a petition filed against Tenant seeking reorganization
or arrangement of Tenant under the bankruptcy laws of the United States,
as now in effect or hereafter amended, or any state thereof, and such order,
judgment or decree shall not be vacated or set aside or stayed within sixty
(60) days fkom the date of entry thereof
-
17. REMEDIES.
17.1. Except as otherwise provided in Article 18, upon the occurrence of any of the
Events of Default described or referred to in Article 16, Landlord shall have the
option to pursue any one or more of the following remedies without any notice or
demand whatsoever, concurrently or consecutively and not alternatively:
17.1.1. Landlord may, at its election, terminate this Lease or terminate Tenant’s
right to possession only, without terminating the Lease.
17.1.2. Upon any termination of this Lease, whether by lapse of time or otherwise,
. or upon any termination of Tenant’s right to possession without
termination of the Lease, Tenant shall surrender possession and vacate the
Premises immediately, and deliver possession thereof to Landlord, and
Tenant hereby grants to Landlord full and free license to‘enter into and
upon the Premises in such event and to repossess Landlord of the Premises
as of Landlord’s former estate and to expel or remove Tenant and any
others who may be occupying or be within the Premises and to remove
Tenant’s signs and other evidence of tenancy and all other property of
Tenant therefrom without being deemed in any manner guilty of trespass,
eviction or forcible entry or detainer, and without incurring any liability
for any damage resulting therefrom, Tenant waiving any right to claim
damages for such reentry and expulsion, and without relinquishing
Landlord’s right to rent or any other right given to Landlord under this
Lease or by operation of law.
17.1.3. Upon any termination of this Lease, whether by lapse of time or otherwise,
Landlord shall be entitled to recover as damages, all rent, including any
amounts treated as additional rent under this Lease, and other sums due
and payable by Tenant on the date of termination, plus as liquidated
damages and not as a penalty, an amount equal to the sum of (a) an
amount equal to the then present value of the rent reserved in this Lease
for the residue of the stated Term of this Lease including any amounts
treated as additional rent under this Lease and all other sums provided in
this Lease to be paid by Tenant, minus the fair rental value of the Premises
for such residue; (b) any expenses incurred by Landlord relating to
recovery of the Premises, preparation for reletting and for reletting itseE-
and (c) the cost of perfbrming any other covenants which would have
otherwise been performed by Tenant.
17.1.4.Upon any termination of Tenant's right to possession only without
termination of the Lease:
17.1.4.1 Neither such termination of Tenant's right to possession nor
Landlord's taking and holding possession thereof as
provided in Section 17.1.2 shall terminate the Lease or
release Tenant, in whole or in part, from any obligation,
including Tenant's obligation to pay the rent, including any
amounts treated as additional rent, under this Lease for the
full Term, and if Landlord so elects Tenant shall pay
forthwith to Landlord the sum equal to the present value of
the rent, including any amounts treated as additional rent
under this Lease, for the remainder of the Term plus any
other sums provided .in this Lease to be paid by Tenant for
the remainder of the .Term, minus the fair rental value of
the Premises for such remainder.
17.1.4.2 Landlord shall use its best efforts to relet the Premises or
any part thereof for such rent and upon such terms as
Landlord, in its sole discretion, shall determine (including
the right to relet the premises for a greater or lesser term .
than that remaining under this Lease, the right to relet the
Premises as a part of a larger area, and the right to change
the character or use made of the Premises). In connection
with or in preparation for any reletting, Landlord may, but
shall not be required to, make repairs, alterations and
additions in or to the Premises and redecorate the same to
the extent Landlord deems necessary or desirable, and
Tenant shall, upon demand, pay the cost thereof, together
with Landlord's expenses of reletting, including, without
limitation, any commission incurred by Landlord.
Landlord and Tenant agree that nevertheless Landlord shall
at most be required to use only the same efforts Landlord
then uses to lease premises generally and that in any case
that Landlord shall not be required to give any preference
or priority to the showing or leasing of the Premises over
any other space that Landlord may be leasing or have
available and may place a suitable prospective tenant in any
such other space regardless of when such other space
becomes available. Landlord shall not be required to
17.2.
17.1.4.3
observe any instruction given by Tenant about any reletting
or accept any tenant offered by Tenant unless such offered
tenant has a credit worthiness acceptable to Landlord and
leases the entire Premises upon terms and conditions
including a rate of rent (aRer giving effect to all
expenditures by Landlord for tenant improvements,
broker's commissions and other leasing costs) all no less
favorable to Landlord than as called for in this Lease, nor
shall Landlord be required to make or permit any
assignment or sub lease for more than the current term or
which Landlord would not be required to permit under the
provisions of Article 9.
Until such time as Landlord shall elect to terminate the
Lease and shall thereupon be entitled to recover the
amounts specified in such case in Section 17.1.3, Tenant
shall pay to Landlord upon demand the fill amount of all
rent, including any amounts treated as additional rent under
this Lease and other sums reserved in this Lease for the
remaining Term, together with the costs of repairs,
alterations, additions, redecorating and Landlord's expenses
of reletting and the collection of the rent accruing
therefrom (including attorney's fees and broker's
commissions), as the same shall then be due or become due
from time to time pursuant to the terms of this Lease, less
only such consideration as Landlord may have received
from any reletting of the Premises; and Tenant agrees that
Landlord may file suits from time to time to recover any
sums falling due under this Article 17 as they become due.
Any proceeds of reletting by Landlord in excess of the
amount then owed by Tenant to Landlord from time to time
shall be credited against Tenant's fbture obligations under
this Lease but shall not otherwise be refunded to Tenant or
inure to Tenant's benefit.
Landlord may, at Landlord's option, enter into and upon the Premises without
notice, if Landlord determines in its sole discretion that Tenant is not acting
within a commercially reasonable time to 'maintain, repair or replace anything for
which Tenant is responsible under this Lease and correct the same, without being
deemed in any manner guilty of trespass, eviction or forcible entry and detainer
and without incurring any liability for any damage or interruption of Tenant's
business resulting therefrom. If Tenant shall have vacated the Premises, Landlord
may at Landlord's option re-enter the Premises at any time during the last six
months of the then current Term of this Lease and make any and all such changes,
alterations, revisions, additions and tenant and other improvements in or about the
18.
Premises as Landlord shall elect, all without any abatement of any of the rent
otherwise to be paid by Tenant under this Lease.
17.3. If, on account of any Event of Default by Tenant under the terms and conditions
of this Lease, it becomes necessary or appropriate for Landlord to employ or
consult with an attorney concerning or to enforce or defend any of the Landlord’s
rights or remedies arising under this Lease, the Tenant agrees to pay all attorney’s
fees so incurred by the Landlord.
17.4. Pursuit of any of the foregoing remedies shall not preclude pursuit of any of the
other remedies provided in this Lease or any other remedies provided by law (all
such remedies being cumulative), nor shall pursuit of any remedy provided in this
Lease constitute a forfeiture or waiver of any rent due to Landlord under this
Lease or of any damages accruing to Landlord by reason of the violation of any of
the terms, provisions and covenants contained in this Lease.
17.5. No act or thing done by Landlord or its agents during the Term shall be deemed a
termination of this Lease or an acceptance of the surrender of the Premises, and
no agreement to terminate this Lease or to accept a surrender of said Premises
shall be valid, unless in writing signed by Landlord. No waiver by Landlord of
any violation or Event of Default of any of the terms, provisions and covenants
contained in this Lease shall be deemed or construed to constitute a waiver of any
other violation or breach of any of the terms, provisions and covenants contained
in this Lease. Landlord’s acceptance of the payment of rental or other payments
after the occurrence of an Event of Default shall not be construed as a waiver of
such Event of Default, unless Landlord so notifies Tenant in writing. Forbearance
by Landlord in enforcing one or more of the remedies provided in this Lease upon
an Event of Default shall not be deemed or construed to constitute a waiver of
such Event of Default or of Landlord’s right to enforce any such remedies with
respect to such Event of Default or any subsequent Event of Default.
TENANT’S BANKRUPTCY OR INSOLVENCY
18.1. If at any time and for so long as Tenant shall be subjected to the provisions of the
United States Bankruptcy Code or other law of the United States or any state
thereof for the protection of debtors as in effect at such time (each a “Debtor’s
Law”):
18.1.1. Tenant, Tenant as debtor-in-possession, and any trustee or receiver of
Tenant’s assets (each a “Tenant’s Representative”) shall have no greater
right to assume or assign this Lease or any interest in this Lease, or to sub
lease any of the Premises than accorded to Tenant in Article 9, except to
the extent Landlord shall be required to permit such assumption,
assignment or sublease by the provisions of such Debtor’s Law. Without
limitation of the generality of the foregoing, any right of any Tenant’s
Representative to assume or assign this Lease or to sublease any of the
Premises shall be subject to the conditions that:
18.1.1.1. Such Debtor’s Law shall provide to Tenant’s
Representative a right of assumption of this Lease which
Tenant’s Representative shall have timely exercised and
Tenant’s Representative shall have fblly cured any default
of Tenant under this Lease.
18.1.1.2. Tenant’s Representative or the proposed assignee, as the
case shall be, shall have deposited with Landlord as
security for the timely payment of rent an amount equal to
three months’ rent and other monetary charges accruing
under this Lease; and shall have provided Landlord with
adequate other assurance of the fbture performance of the
obligations of the Tenant under this Lease. Without
limitation, such assurances shall include, at least, in the
case of assumption of this Lease, demonstration to the
satisfaction of the Landlord that Tenant’s Representative
has and will continue to have sufficient unencumbered
assets after the payment of all secured obligations and
administrative expenses to assure Landlord that Tenant’s
Representative will have sufficient fbnds to fblfill the
obligations of Tenant under this Lease; and, in the case of
assignment, submission of current financial statements of
the proposed assignee, audited by an independent certified
public accountant reasonably acceptable to Landlord and
showing a net worth and working capital in amounts
determined by Landlord to be sufficient to assure the future
performance by such assignee of all of the Tenant’s
obligations under this Lease.
18.1.1.3. The assumption or any contemplated assignment of this
Lease or subleasing of any part of the Premises, as shall be
the case, will not breach any provision in any other lease,
mortgage, financing agreement or other agreement by
which Landlord is bound.
18.1.1.4. Landlord shall have no right under Article 9 to refbe
consent to the proposed assignment or sublease by reason
of the identity or nature of the proposed assignee or
sublessee or the proposed use of the Premises concerned.
19. QUIET ENJOYMENT.
Landlord represents and warrants that it has fbll right and authority to enter into this
Lease and that Tenant, while paying the rental and performing its other covenants and
agreements contained in this Lease, shall peaceably and quietly have, hold and enjoy the
Premises for the Term without hindrance or molestation from Landlord subject to the
terms and provisions of this Lease. Landlord shall not be liable for any interference or
disturbance by other tenants or third persons, nor shall Tenant be released from any of the
obligations of this Lease because of such interference or disturbance.
20. DAMAGE BY FIRE, ETC.
20.1.
20.2.
20.3.
20.4.
In the event that the Premises is materially damaged by fire or other cause
Landlord shall have the option of either terminating the Lease immediately and be
under no obligation to rebuild the Premises or continuing the Lease and rebuilding
the Premises. Within forty-five (45) days from the date of such damage, Landlord
shall notie Tenant, in writing, of Landlord’s decision to rebuild the Premises or
terminate the Lease. If Landlord decides to rebuild the Premises, Landlord shall
within forty-five (45) days, notifl Tenant of Landlord’s reasonable estimation of
the length of time within which material restoration can be made, and Landlord’s
determination shall be binding on Tenant. For purposes of this Lease, the
Premises shall be deemed “materially restored” if they are in such condition as
would not prevent or materially interfere with Tenant’s use of the Premises for the
purpose for which it was being used immediately before such damage.
If the Premises can be materially restored within ninety days (go), in Landlord’s
reasonable estimation, this Lease shall remain in full force and effect, except that
Tenant shall be entitled to a proportionate abatement in rent, including any taxes
and any other Additional Rent under this Lease, from the date of such damage.
Such abatement of rent shall be made pro rata in accordance with the extent to
which the damage and the making of such repairs shall interfere with the use and
occupancy by Tenant of the Premises from time to time.
If the Premises cannot be repaired within ninety (90) days, in Landlord’s
reasonable estimation, Tenant shall have the option of giving the Landlord, at any
time within sixty (60) days after such damage, notice terminating this Lease as of
the date of such damage. In the event of the giving of such notice, this Lease
shall expire and all interest of the Tenant in the Premises shall terminate as of the
date of such damage as if such date had been originally fixed in this Lease for the
expiration of the Term.
In the event that neither Landlord nor Tenant exercises its option to terminate this
Lease, then Landlord shall repair or restore such damage, this Lease continuing in
fill force and effect, and the rent hereunder shall be proportionately abated as
provided in Section 20.2.
20.5. Landlord shall not be required to repair or replace any damage or loss by or fiom
fire or other cause to any panelings, decorations, partitions, additions, railings,
ceilings, floor coverings, office fixtures or any other property or improvements
installed on the Premises or belonging to Tenant. If any damage by fire or other
cause is the result of the intentional act, or negligence of Tenant, Landlord shall
be under no obligation to repair the Premises and Tenant shall be liable for any
such damages. Any insurance which may be carried by Landlord or Tenant
against loss or damage to the Premises shall be for the sole benefit of the party
carrying such insurance and under its sole control.
20.6. In the event that Landlord should fail to complete such repairs and material
restoration within thirty (30) days after the date estimated by Landlord pursuant to
Section 20.1, Tenant may at its option and as its sole remedy terminate this Lease
by delivering written notice to Landlord, within thirty (30) days after the
expiration of said period of time, whereupon the Lease shall end on the date of
such notice or such later date fixed in such notice as if the date of such notice was
the date originally fixed in this Lease for the expiration of the Term; provided,
however, that if construction is delayed because of changes, deletions or additions ,
in construction requested by Tenant, strikes, lockouts, casualties, Acts of God,
war, material or labor shortages, government regulation or control or other causes
beyond the reasonable control of Landlord, the period for restoration, repair or
rebuilding shall be extended for the amount of time Landlord is so delayed.
20.7. Notwithstanding anything to the contrary contained in this Article: (a) Landlord
shall not have any obligation whatsoever to repair, reconstruct, or restore the
Premises when the damages resulting fiom any casualty covered by the provisions
of this Article 20 occur during the last twelve (12) months of the Term or any
extension thereof, but if Landlord determines not to repair such damages Landlord
shall notify Tenant and if such damages shall render any material portion of the
Premises untenantable Tenant shall have the right to terminate this Lease by
notice to Landlord within thirty (30) days after receipt of Landlord's ' notice; and
(b) in the' event the holder of any indebtedness secured by a mortgage or deed of
trust covering the Premises requires that any insurance proceeds be applied to
such indebtedness, then Landlord shall have the right to terminate this Lease by
delivering written notice of termination to Tenant within thirty (30) days after
such requirement is made by any such holder, whereupon this Lease shall end on
the date of such damage as if the date of such damage were the date originally
fixed in this Lease for the expiration of the term.
20.8. In the event of any damage or destruction to the Premises by any peril covered by
the provisions of this Article 20, it shall be Tenant's responsibility to properly
secure the Premises and upon notice from Landlord to remove forthwith, at its
sole cost and expense, such portion of all of the property belonging to Tenant or
its licensees fiom such portion or all of the Premises as Landlord shall request.
21. EMINENTDOMAIN.
If all or any substantial part of the Premises shall be taken or appropriated by any public or
quasi-public authority under the power of eminent domain, or conveyance in lieu of such
appropriation, either party to this Lease shall have the right, at its option, of giving the
other, at any time within thirty (30) days afier such taking, notice terminating this Lease,
except that Tenant may only terminate this Lease by reason of taking or appropriation, if
such taking or appropriation shall be so substantial as to interfere with Tenant’s use and
occupancy of the Premises. If neither party to this Lease shall so elect to terminate this
Lease, the rental thereafter to be paid shall be adjusted on a fair and equitable basis under
the circumstances. Landlord shall be entitled to any and all income, rent, award, or any
interest whatsoever ‘in or upon any such sum, which may be paid or made in connection
with any such public or quasi-public use. or purpose, and Tenant hereby assigns to
Landlord any interest it may have in or claim to all or any part of such sums, other than
any separate award which may be made with respect to Tenant’s trade fixtures and moving
expenses; Tenant shall make no claim for the value of any unexpired Term.
22. SALE BY LANDLORD.
In event of a sale or conveyance by Landlord of the Premises, the same shall operate to
release Landlord from any fbture liability upon any of the covenants or conditions,
expressed or implied, contained in this Lease in favor of Tenant, and in such event
Tenant agrees to look solely to the ability of the successor interest of Landlord in and to
this Lease, Except as set forth in this Article 22, this Lease shall not be affected by any
such sale and Tenant agrees to attorn to the purchaser or assignee. If any security has
been given by Tenant to secure the faithful performance of any of the covenants of this
Lease, Landlord may transfer or deliver said security, as such, to Landlord’s successor in
interest and thereupon Landlord shall be discharged from any further liability with regard
to said security.
23. ESTOPPEL CERTIFICATES.
Within ten (10) business days following any written request which-Landlord may make
fiom time to time, Tenant shall execute and deliver to Landlord or mortgagee or
prospective mortgagee a sworn statement certieing: (a) the date of commencement of
this Lease; (b) the fact that this Lease is unmodified and in full force ad effect (or, if
there have been modifications to this Lease, that this lease is in full force and effect, as
modified, and stating the date and nature of such modifications); (c) the date to which the
rent and other sums payable under this Lease have been paid; (d) the fact that there are no
known, current defaults under this Lease by either Landlord or Tenant except as specified
in Tenant’s statement; and (e) such other matters as may be reasonably requested by
Landlord. Landlord and Tenant intend that any statement delivered pursuant to this
Article 23 may be relied upon by any mortgagee, beneficiary or purchaser and Tenant
shall be liable for all loss, cost or expense resulting fiom the failure of any sale or finding
of any loan caused by any material misstatement contained in such estoppel certificate.
Tenant irrevocably agrees that if Tenant fails to execute and deliver such certificate
within such ten (10) day period Landlord or Landlord’s beneficiary or agent may execute
and deliver such certificate on Tenant’s behalf, and that such certificate shall be filly
binding on Tenant.
24. SURRENDER OF PREMISES.
24.1. Tenant shall, at least thirty (30) days before the last ‘day of the Term, arrange to
meet Landlord for a joint inspection of the Premises. In the event of Tenant’s
failure to arrange such joint inspection to be held prior to vacating the Premises,
Landlord’s. inspection at or aRer Tenant’s vacating the Premises shall be
conclusively deemed correct for purposes of determining Tenant’s responsibility
for repairs and restoration.
24.2. At the end of the Term or any renewal of the Term or other sooner termination of
this Lease, Tenant will peaceably deliver up to Landlord possession of the
Premises, together with all improvements or additions upon or belonging to the
same, by whom so ever made, in the same conditions received or first installed,
broom clean and free of all debris, excepting only ordinary wear and tear and
‘ damage by fire or other casualty. Tenant may, and at Landlord’s request shall, at
Tenant’s sole cost, remove upon termination of this Lease, any and all furniture,
furnishings, movable partitions of less than full height from floor to ceiling, trade
fixtures and other property installed by Tenant, title to which shall not be in or
pass automatically to Landlord upon such termination, repairing all damage
caused by such removal. Property not so removed shall, unless requested to be
removed, be deemed abandoned by the Tenant and title to the same shall
thereupon pass to Landlord under this Lease as by a bill of sale. All other
alterations, additions and improvements in, on or to the Premises shall be dealt
with and disposed of as provided in Article 6 hereof.
24.3. All obligations of Tenant under this Lease not llly performed as of the expiration
or earlier termination of the Term shall survive the expiration or earlier
termination of the Term. In the event that Tenant’s failure to perform prevents
Landlord from releasing the Premises, Tenant shall continue to pay rent pursuant
to the provisions of Article 13 until such performance is complete. Upon the
expiration or earlier termination of the Term, Tenant shall pay to Landlord the
amount, as estimated by Landlord, necessary to repair and restore the Premises as
provided in this Lease and/or to discharge Tenant’s obligation for unpaid amounts
due or to become due to Landlord. All such amounts shall be used and held by
Landlord for payment of such obligations of Tenant, with Tenant being liable for
any additional costs upon demand by Landlord, or with any excess to be returned
to Tenant after all such obligations have been determined and satisfied. Any
otherwise unused Security Deposit shall be credited against the amount payable
by Tenant under this Lease-
25. NOTICES.
Any notice or document required or permitted to be delivered under this Lease shall be
addressed to the intended recipient, shall be transmitted personally, by klly prepaid
registered or certified United States Mail return receipt requested, or by reputable
independent contract delivery service furnishing a written record of attempted or actual
delivery, and shall be deemed to be delivered when tendered for delivery to the addressee
at its address set forth on the Reference Page, or at such other address as it has then last
specified by written notice delivered in accordance with this Article 25.
26. TAXES PAYABLE BY TENANT.
26.1 Tenant shall be responsible for payment of all Taxes as defined in Section 26.1.1.
Tenant shall inform all taxing authority’s of Tenant’s obligation for the Taxes and
request any notice for Taxes be sent directly to Tenant with a copy to Landlord.
Tenant shall pay Taxes directly to the taxing authority without any firther request
from Landlord. Tenant shall notifl Landlord of all payment of Taxes made by
Tenant. In the event that Tenant does not pay any of the Taxes, Landlord shall
have the right to pay the Taxes. In the event that Landlord pays any Taxes,
Tenant shall, upon demand, reimburse Landlord for any Taxes paid and any
additional costs incurred by Landlord as a result of making such payments.
26.1.1 “Taxes” shall be defined as: Real estate taxes and any other taxes, charges
and assessments which are levied with respect to the Premises or the land
appurtenant to the Premises, or with respect to any improvements, fixtures
and equipment or other property of Landlord, real or personal, located in
the Premises and used in connection with the operation of the Premises
and said land, any payments to any ground lessor in reimbursement of tax
payments made by such lessor; and all fees, expenses and costs .incurred
by Landlord in Investigating, protesting, contesting or in any way seeking
to reduce or avoid increase in any assessments, levies or the tax rate
pertaining to any Taxes to be paid by Landlord in any Lease Year. Taxes
shall not include any corporate franchise, or estate, inheritance or net
income tax, or tax imposed upon any transfer by Landlord of its interest in
this Lease or the Premises.
26.2 In addition to Rent, Taxes, and other charges to be paid by Tenant under this
Lease, Tenant shall reimburse to Landlord, upon demand, any new taxes imposed
by a federal, state, or local government upon Landlord that Landlord is obligated
to pay as a result of Tenant’s use of the premises under this Lease.
26.3 H the Commencement Date is other than January 1 or if the Termination Date is
other than December 31, Tenant’s liability for Taxes for the Lease Year in which
said Date occurs shall be prorated based upon a three-hundred sixty-five (365)
day year.
27. DEFINED TERMS AND HEADINGS.
The Article headings shown in this Lease are for convenience of reference and shall in no
way define, increase, limit or describe the scope or intent of any provision of this Lease.
Any indemnification or insurance of Landlord shall apply to and inure to the benefit of
Landlord and any of its elected or appointed officials, employees, officers, directors, and
agents. Any option granted to Landlord shall also include or be exercisable by
Landlord’s trustee, beneficiary, agents and employees, as the case may be. In any case
where this Lease is signed by more than one person, the obligations under this Lease shall
be joint and sever@. The terms “Tenant” and “Landlord” or any pronoun used in place
thereof shall indicate and include the masculine or feminine, the singular or plural
number, individuals, firms or corporations, and each of their respective successors,
executors, administrators and permitted assigns, according to the context hereof Tenant
hereby accepts and agrees to be bound by the figures for the space footage of the
Premises shown on the Reference Page.
28. TENANT’ S AUTHORITY.
If Tenant signs as a corporation Tenant represents and warrants that Tenant has been and
is qualified to do business in the state in which the Premises is located, that the
corporation has full right and authority to enter into this Lease, and that all persons
signing on behalf of the corporation were authorized to do so by appropriate corporate
actions. If Tenant signs as a partnership, trust or other legal entity, each of the persons
executing this Lease on behalf of Tenant represents and warrants that Tenant has
complied with all applicable laws, rules and governmental regulations relative to its right
to do business in the state and that such entity on behalf of the Tenant was authorized to
do so by any and all appropriate partnership, trust or other actions. Tenant shall furnish
to Landlord prior to execution of this Lease, a corporate resolution, proof of due
authorization by partners, or other appropriate documentation evidencing the due
authorization of Tenant to enter into this Lease.
29. TIME AND APPLICABLE LAW. -
Time is of the essence of this Lease and all of its provisions. This Lease shall in all
respects be Governed by the laws of the State of Minnesota and Tenant acknowledges
that the exclusive venue for any action arising out of or related to this Lease shall be the
Hennepin County District Court for the State of Minnesota.
30. SUCCESSORS AND ASSIGNS.
Subject to the provisions of Article 10, the terms, covenants and conditions contained in
this Lease shall be binding upon and inure to the benefit of the heirs, successors,
executors, administrators and assigns of the parties to this Lease.
31. ENTIRE AGREEMENT.
This Lease, together with its exhibits, contains all agreements of the parties to this Lease
and supersedes and replaces any previous negotiations and leases. There have been no
representations made by the Landlord or understandings made between the parties other
than those set forth in this Lease and its exhibits. This Lease may not be modified except
by a written instrument duly executed by the parties to this Lease.
32. EXAMINATION NOT OPTION.
Submission of this Lease shall not be deemed to be a reservation of the Premises.
Landlord shall not be bound by this Lease until it has received a copy of this Lease duly
executed by Tenant and has delivered to Tenant a copy of this Lease duly executed by
Landlord, and until such delivery Landlord reserves the right to exhibit and lease the
Premises to other prospective tenants. Notwithstanding anything contained in this Lease
to the contrary, Landlord may withhold delivery of possession of the Premises from
Tenant until such time as Tenant has paid to Landlord the first month’s rent required by
Article 2 and any other sum owed pursuant to this Lease.
33. RECORDATION.
Tenant shall not record or register this Lease or a short form memorandum hereof without
the prior written consent of Landlord, and then shall pay all charges and taxes incident
such recording or registration.
34. LIMITATION OF LIABILITY
Redress for any claim against Landlord under this Lease shall be limited to and
enforceable only against and to the extent of Landlord’s interest in the Premises. The
obligations of Landlord under this Lease are not intended to and shall not be personally
binding on, nor shall any resort be had to the private properties of any of the elected or
appointed officials, employees, officers, directors, or agents of Tenant.
.
LANDLORD:
CITY OF EDEN PRAlRIE
TENANT:
CEEFAY LEASING, LLC
By:
Nancy Tyra-Lukens, Its Mayor
By:
By:
CkdJiA& Its City Manager s&i Md
Dated: Dated:
EXEUBIT A
attached to and made a part of Lease bearing the
Lease Reference Date of ,2002
Between, City of Eden Prairie, as Landlord and
Ceefay Leasing, LLC, as Tenant
PREMISES LEGAL DESCRIPTION
attached to and made a part of Lease bearing the
Between, City of Eden Prairie, as Landlord and
Ceefay Leasing, LLC, as Tenant
Lease Reference Date of ,2002
PLANS FOR IMPROVEMENTS
To Be Determined
EXHlBITC
attached to and made a part of Lease bearing the
Lease Reference Date of ,2002
Between, City of Eden Prairie, as Landlord and
Ceefay Leasing, LLC, as Tenant
RULES AND REGULATIONS
1. Tenant shall not (i) conduct or permit any fire, bankruptcy or auction sale
(whether real or fictitious) unless directed by order of a court of competent jurisdiction, or
conduct or permit any legitimate or fictitious “Going Out of Business” sale nor represent or
advertise that it regularly or customarily sells merchandise at “manufacturer’s, “ “distributor’s, “
or “wholesale, “ “warehouse, “ or similar prices or other than at “off price” or at “retail” prices;
(ii) use, or permit to be used, the malls or sidewalks adjacent to such Premises, or any other area
outside the Premises for solicitation or for the sale or display of any merchandise or for any other
business, occupation or undertaking, or for outdoor public meetings, circus or other
entertainment (except for promotional activities in cooperation with the management of the
Premises or an association of merchants within the Premises); (iii) use or permit to be used any
flickering lights or any sound broadcasting or amplitjring device which can be heard outside of
the Premises; (iv) operate or cause to be operated any “elephant trains” or similar transportation
devices; or (v) use or permit to be used any portion of the Premises for any unlawful purpose or
use or permit the use of any portion of the Premises as regular living quarters, sleeping
apartments or lodging rooms or for the conduct of any manufacturing business.
2. Tenant shall at all times keep the Premises at a temperature sufficiently high to
prevent freezing of water pipes and fixtures. Tenant shall not, nor shall Tenant at any time
permit, any occupant of the Premises to: (1) use, operate or maintain the Premises in such
manner that any rates for any insurance carried by Landlord, or the occupant of any premises
within the Premises, shall thereby be increased; or (ii) commit waste, perfbrm any acts or carry
on any practices which may injure the Premises or be a nuisance or menace to other tenants in
the Premises.
‘
3. Tenant shall not obstruct any sidewalks, passages, exits, entrances, truck ways,
loading docks, package pick-up stations, pedestrian sidewalk and ramps, first aid and comfort
stations, or stairways of the Premises. No Tenant and no employee or invitee of any Tenant shall
go upon the roof of the Premises.
4. If TGrmt requires telegraphic, telephonic, burglar alarm or similar services, it
shall first obtain, and comply with Landlord’s instructions in their installation. Landlord shall
hrnish any such instructions within five (5) business days after request fhm Tenant.
5. Tenant shall not place a load upon any floor which exceeds the designed load per
square foot or the load permitted by law. Landlord shall have the right to prescribe the weight,
size and position of all equipment, materials, furniture or other property brought into the
Premises. Heavy objects shall stand on such platforms as detenrzined by Landlord to be
necessary to properly distribute the weight. Business machines and mechanical -equipment
belonging to Tenant which cause noise or vibration that may be transmitted to the structure of
Tenant’s store or to any other space to such a degree as to be objectionable to Landlord or to any
tenants shall be placed and maintained by Tenant, at Tenant’s expense, on vibration eliminators
or other similar devices. The persons employed to move equipment in or out of Tenant’s store
must be acceptable to Landlord. Landlord will not be responsible for loss of, or damage to, any
equipment or other property fi-om any cause, and all damage done to the Premises by maintaining
or moving such equipment or other property shall be repaired at the expense of Tenant.
6. The toilet rooms, toilets, urinals, wash bowls and other apparatus shall not be used
for any purpose other than that for which they were constructed, no foreign substance of any
kind whatsoever shall be.thrown therein, and the expense of any breakage, stoppage or damage
resulting from the violation of this rule shall be borne by the Tenant who, or whose employees or
invitees, shall have caused it.
7. Tenant shall not install any radio or television antenna, loudspeaker or other
device on the roof or exterior walls of Tenant’s store except the satellite dish currently being
used by Tenant without the prior written consent of Landlord, which shall not be unreasonably
withheld. Tenant shall not interfere with radio or television broadcasting or reception from or in
the Premises or elsewhere.
8. Tenant shall not install, maintain or operate upon the Premises or in any Common
Areas under the exclusive control of Tenant any vending machine or video game without
Landlord’s prior written consent.
9. Tenant shall store all of its trash and garbage in containers within the Premises.
Tenant shall not place in any trash box or receptacle any material which cannot be disposed of in
the ordinary and customary manner of trash and garbage disposal. All garbage and refbse
disposal shall be made in accordance with directions issued from time to time by Landlord.
10. Tenant shall not use in any space any hand trucks except those equipped with the
rubber tires and side guards or such other material handling equipment as Landlord may approve.
Tenant shall not bring any other vehicles of any kind into Tenant’s store.
11. Tenant shall repaint the exterior of the Premises at last every five (5) years or
inaccordance with manufacturer’s recommendations, whichever is shorter.
12. Landlord may waive any one or more of these Rules and Regulations, but no such
waiver by Landlord shall prevent Landlord fiom thereafter enforcing any such Rules and
Regulations of the Premises.
13. These Rules and Regulations are in addition to, and shall not be construed to in
any way mow or amend, in whole or in part, the terms, covenants, agreements and conditions
of any lease of premises in the Premises.
14. Tenant shall be responsible for the observance of all of the foregoing rules by
Tenant’s employees, agents, clients, customers, invitees and guests.
EXHIBITD
attached to and made a part of Lease bearing the
Between, City of Eden Prairie, as Landlord and
Ceefay Leasing, LLC, as Tenant
Lease Reference Date of ,2002
MUNICIPAL CONTRACT PROVISIONS
1. Definitions. The following definitions apply to this Appendix.
1.1 “City” means the City of Eden Prairie.
1.2 “Contracting Party” means Ceefay Leasing, LLC.
1.3 “Contract” means Lease bearing the reference date of ~ 2002
(City of Eden Prairie as Landlord and Ceefay Leasing, LLC as Tenant).
2. Data Practices Act. The Contracting Party shall at all times abide by the Minnesota
Government Data Practices Act, Minn. Stat. $ 1301, et seq., to the extent that the Act is
applicable to data and documents in the hands of the Contracting Party.
3. Audits. The books, records, documents, and accounting procedures and practices of the
Contracting Party or other parties relevant to this agreement are subject to examination
by the City and either Legislative Auditor or the State Auditor for a period of six years
after the effective date of this Contract.
4. Worker’s ComDensation. Contracting Party represents and warrants that it has and will
maintain during the performance of this agreement worker’s compensation insurance
coverage required pursuant to Minn. Stat. $ 176.181, subd. 2 and that the certificate of
insurance or the written order of the Commissioner of Commerce permitting self
insurance of worker’s compensation insurance coverage provided to the City prior to
execution of this agreement is current and in force and effect.
5. Discrimination. In performance of this contract, the Contracting Party shall not
discriminate on the grounds of or because of race, color, creed, religion, national origin,
sex, marital status, status with regards to public assistance, disability, sexual orientation,
or age against any employee of the Contracting Party, any subcontractor of the
Contracting Party, or any applicant fir employment. The Contracting Party shall include
a similar provision in all contracts with subcontractors to this contract. The Contracting
Party fbrther agrees to comply with all aspects of the Minnesota Human Rights Act,
Minn. Stat. $363.01, et seq., Title VI of the Civil Rights Act of 1964, and the Americans
with Disabilities Act of 1990.
6- Conflicts. No salaried officer or employee of the City and no member of the Board of
the City shall have a &ancial interest, direct or indirect, in this contract. The violation of
this provision renders the Contract void. Any federal regulations and applicable state
statutes shall not be violated.
7. Limitation of Remedies In the event of a breach of the Contract by City, the Contracting
Party shall not be entitled to recover punitive, special or consequential damages or
damages for loss of business.
ep\parkshore houseuease
P
CITY COUNCIL AGENDA
SECTION Public Hearing
SERVICE AREADMSION
Engineering Services
Jim Richardson
ITEM DESCRIPTION: IC 98-5474
Special Assessment Hearing for the Crestwood
Terrace Neighboorhood
DATE:
June 4,2002
ITEM NO.:
Requested Action
Move to: Close the public hearing for street improvements in the Crestwood Terrace
Neighborhood (98-5474).
Synopsis
This hearing will be to assess the street and storm sewer costs and to gauge the potential
objections in advance of awarding the construction contract for the project (later in agenda). The
amounts to be assessed are in accordance with the feasibility study.
Background Information
Based on the needs identified in the project area, a fast-track design and construction process was
put into motion earlier this year. The goal is to provide sanitary sewer and water to the
neighborhood prior to the end of the construction season. This hearing will allow Council to
gauge the extent of possible objections to the amount of special assessments prior to award of the
construction contract. Although extensive objections are not anticipated, this process reduces the
risk associated with assessment appeals.
I
CITY COUNCIL AGENDA
SECTION: Public Hearings
SERVICE AREXDMSION: ITEM DESCW'I'J"N:
Community Development
Michael D. Franzen
Donald R. Uram Guide Plan Update - Airport Element
DATE: 06-04-02
ITEM NO.:
Requested Action
Move to:
0 Continue the public hearing until June 18,2002
Synopsis
This item should be continued to the June.4,2002 meeting. The final agreement between the City
and the Metropolitan Marts Commission has not been completed.
I
CITY COUNCIL, AGENDA
SECTION Payment of Claims
DATE:
June 4,2002
SERVICE AREA/DIVISION ITEM DESCRIPTION
Community Development and
Financial ServicesDon Uram
Payment of Claims
ITEM NO.:
DE,
Requested Action
Move to: Approve the Payment of Claims as submitted (roll call vote)
Synopsis
Checks 110108-110488
Wire Transfers 1545-1547
Background Information
Attachments
I
City of Eden Prairie
Council Check Summary
6/4/2002
101
102
111
112
114
116
117
130
131
133
134
135
136
150
151
152
153
154
156
157
158
159
160
161
162
163
180
181
183
184
185
186
200
201
202
203
204
301
304
309
31 1
312
406
41 5
501
502
503
506
509
51 1
601
602
603
701
702
703
803
804
Division
General
Legislative
Legal Counsel
Customer Service
Human Resources
Benefits & Training
Facilities
City Center
Assessing
Finance
Community Development
Heritage Preservation
Information Technology
Wireless Communication
Park Administration
Park Maintenance
Parks Capital Outlay
Athletic Programs
Community Center
Youth Programs
Special Events
Senior Center
Recreation Administration
Adaptive Recreation
Oak Point Pool
Arts
Park Facilities
Police
Telecommunicators
Civil Defense
Fire
Animal Control
Inspections
Engineering
Street Maintenance
Street Lighting
Fleet Services
Equipment Revolving
CDBG
Senior Awareness Fund
DWI Forfeiture
Grant Fund
Recycle Rebate
WaterlSewer Refunding 197
Open Space Debt 1994
State Aid Construction
Park Development
Utility Improvement
lmprovment Bonds 1996
CIP Fund
Construction Fund
Prairie Village Liquor
Den Road Liquor
Prairie View Liquor
Water Fund
Sewer Fund
Storm Drainage Fund
Escrow Fund
100 Year History
Report Totals
Amount
62,792
69
79,458
9,398
2,454
2,027
3,303
1,086
496
41 5
84
198
23,113
580
5,226
7,018
23,899
3,730
13,918
1,023
30
1,586
63
168
122
3,436
1,117
20,289
1,354
553
7,987
240
328
14
10,138
694
14,294
29,195
2,123
294
1,118
3,272
194
'8 375
750
188
21,506
6,562
76,703
7,099
209,142
52,708
104,747
54,999
136,360
7,980
3,217
43,278
1,995
1,066,503
City of Eden Prairie
Council Check Register
61412002
Check1
1545
1546
1547
110108
110109
110110
110111
110112
110113
110114
110115
110116
110117
110118
110119
110120
110121
110122
110123
110124
110125
110126
110127
110128
110129
110130
110131
110132
110133
110134
110135
110136
110137
110138
110139
110140
110141
110142
110143
110144
110145
110146
110147
110149
110150
110151
110152
110153
110154
110155
110156
110157
110158
110159
110160
110161
110162
110163
110164
110165
110166
110167
110169
110148
110168
Amount
63,269
227
37
290
1,090
100
725
567
44
216
4,541
653
175
273
9,871
30
100
199
100
50
425
1,625
' 3,252
1,065
100
50
3,000
159
85
30
100
63
885
I80
497
65
871
100
23
30
98
195
70
100
46
355
100
167
300
178
100
24
38
1,621
100
100
75
100
90
40
I00
60
945
490
2,783
Vendor
PUBLIC EMPLOYEES RETIREMENT
ICMA RETIREMENT TRUST457
WELLS FARGO MINNESOTAN A
PARP 55 ALIVE MATURE DRIVING
ADTECH COMMUNICATIONS GROUP
ASPEN WASTE SYSTEMS INC.
BEST, MIKE
BORDEN, THOMAS
CONSTRUCTION BULLETIN
CULLIGAN WATER
CUMMINGS, KIM
DAHLGREN SHARDLOW AND UBAN
DAVIDSON, JAMES
FIRE CONVENTION 2002
HANLON, SCOTT
HENNEPIN COUNTY
IKI
ILSTRUP, JUDY 10s CAPITAL
MALAM, DOUG
MELCHIOR PUBLISHING
METROPOLITAN COUNCIL
MICHNOWSKI, FRAN
MINNESOTA HIGHWAY SAFETY & RES
MINNESOTA VALLEY ELECTRIC COOP
O'CONNOR, ANNETTE
PIDCOCK, PATRICIA
POSTAGE BY PHONE RESERVE ACCOU
PROTECTION ONE
RADIOSHACK
SCHNEIDER, LEE A
SODERHOLM, RAY
VERIZON WIRELESS BELLEVUE
WAVE CREST
WM MUELLER AND SONS INC
ZIESKI, TODD
ASPEN WASTE SYSTEMS INC.
BERK, AMY
EDEN PRAIRIE SENIOR CTR
ELVIN SAFETY SUPPLY INC
FABINI, MICHAEL J
FADDEN, TIMOTHY
FEENAN, JOHN A.
GLENROSE FLORAL AND GIFT SHOPS
GOPHER STATE ONE-CALL INC
GUST, MITCH AND KAREN
INTERNATIONAL TRANSLATION BURE
ISANTI COUNTY SHERIFF'S DEPT
ITS A KEEPER
KELLY, KATE
KRAEMERS HARDWARE INC
M SHANKEN COMMUNICATIONS INC
MASTER ENGINEERING INC
MILLER, BILL
MUIR, GLENN
PAIN ENTERPRISES INC.
RANTALA, DAVE
SENSIBLE LAND USE COALITION
TELEPHONE ANSWERING CENTER INC
WEEDMAN. NICOLE
WHITE, NICOLE
MARKVll
ALL SAINTS BRANDS DISTRIBUTING
STEWART-HESTER, RENEE
CULLIGAN-METRO
Account Description
Employers PERA
Deferred Compensation
Federal Taxes Withheld
Other Contracted Services
Other Contracted Services
Waste Disposal
Other Contracted Services
SAC - Sewer
Legal Notices Publishing
Operating Supplies
Mileage & Parking
Deposits
Prepaid Assessments
Conference Expense
Operating Supplies
Deposits
Instructor Service
Other Contracted Services
Other Rentals
Other Contracted Services
Special Event Fees
SAC - Sewer
Building Materials
Tuition ReimbursemenffSchool
Electric
Other Contracted Services
Other Contracted Services
Postage
Other Contracted Services
Operating Supplies
Travel Expense
Outdoor Center
Other Contracted Services
Pager & Cell Phone
Riley Lake Shelter
Repair & Maint. Supplies
Tuition ReimbursemenffSchool
Waste Disposal
Refunds
Other Contracted Services
Operating Supplies
Protective Clothing
Licenses & Taxes
Licenses & Taxes
Refunds
Deposits
Other Contracted Services
Refunds
Other Contracted Services
Deposits
Operating Supplies
Refunds
Operating Supplies
Misc Non-Taxable
Deposits
Refunds
Refunds
Chemicals
Refunds
Miscellaneous
Other Contracted Services
Mileage & Parking
Mileage &Parking
Beer
Beer
Business Unit
General Fund
General Fund
General Fund
Senior Center Program
Grant Fund
Public WorkslParks
Assessing
Sewer Fund
Street Maintenance
Fire
Fire
Escrow
Improvement Projects 1996
Fire
Fire
Escrow Fund
Senior Center Program
Assessing
Fire
Assessing
Senior Awareness
Sewer Fund
2000 Rehab
Reserves
Street Lighting
Assessing
Assessing
General
Prairie Village Liquor Store
Police
Fire
Park Facilities
Recreation Administration
Police
Park Facilities
Water System Maintenance
In Service Training
Maintenance
Environmental Education
Outdoor Center
Special Events Administration
Water System Maintenance
Inspections-Administration
Inspections-Administration
Environmental Education
Escrow
Water System Maintenance
Environmental Education
Police
Escrow
Police
Environmental Education
Park Maintenance
Prairie View Liquor Store
Escrow
Environmental Education
Environmental Education
Pool Maintenance
Environmental Education
In Service Training
Water Treatment Plant
Youth Programs Administration
Therapeutic Recreation
Prairie View Liquor Store
Den Road Liquor Store
City of Eden Prairie
Council Check Register
61412002
Check*
110170
110171
110172
110173
110174
110175
110176
110177
110178
110179
110180
110181
110182
110183
110184
110185
110186
110187
I10188
110189
110190
110191
110192
110193
110194
110195
110196
110197
110199
110200
110201
1 10202
1 10203
1 10204
I 10205
1 10206
1 10207
1 10208
1 10209
110210
110211
110212
110213
110214
110215
110216
110217
110218
110219
I 10220
110221
I 10222
1 10223
1 10224
110225
1 10226
1 10227
11 0228
I10229
I1 0230
110231
1 10232
1 10233
110234
11.0198
Amount
105
4,307
5,189
4,907
7,211
290
11,223
6,090
2,526
6,639
476
145
2,217
624
2,842
633
1,196
8,046
25,452
2,317
3,960
1.397
938
69
206
710
10
22
5
825
125
127
41,022
25,520
2,789
1,500
182
254
7,250
42
150
100
100
10
15
100
177
210
5
100
100
100
10
78
105
87
155
100
24
100
100
49
100
100
10
Vendor
AMERIPRIDE LINEN &APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WlNE COMPANY
EAST SIDE BEVERAGE COMPANY
GETTMAN COMPANY
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARKVll
MIDWEST COCA COLA BOTTLING COM
NORTH STAR ICE
PAUSTIS &SONS COMPANY
PEPS1 COLA COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALINWINE & SPIRITS CO
THORPE DISTRIBUTING
WINE COMPANY, THE
WINE MERCHANTS INC
WORLD CLASS WINES INC
AMNKEYE PRODUCTIVITY CENTER
AMERICAN DEMOGRAPHICS MAGAZINE
DOYLE, JEANNE
EDEN PRAIRIE FIREFIGHTER'S REL
EF JOHNSON
GUTHRIE THEATER
MINNEAPOLIS PARK BOARD
MITCHELL, JULIE
MRPA
PEPPER'S GRILL
PERKINS INC
PETER ANDREA COMPANY
RICHFIELD, CITY OF
RUND, LISA
SIGNSOURCE
US POSTMASTER - HOPKINS
WESTSIDE OUTDOOR MAINTENANCE
BECKER, PAM
BOLD, PAULINE
BURSTEIN, MIKE
CARLSON, RON
COLEMAN, MEREDITH
FAULSTICH, ALISHA
FINBERG, LANCE
GRABER, MATT
HALL, MARCIA
HALVORSON, SARAH
HAMILTON, SUE
HANSON, JOHN
JOHNSON, THOMAS
KEPLE, PHILIP
KOLLA, SUMA
LILLY, JOHN
LU, JIANGFENG
MCFERRIN, TANYA
MCKLOSKEY, JUDY
MIDWEST MAINTENANCE & MECHANIC
OlTERNESS, RON
PICKARD, JANE
PLOEN, ARLRTE
SPAETH, T.D.
TAYLOR, SCOlTAND JULIE
THOMAS, DONNA
Account Description
Repair & Maint Supplies
Wine Imported
Beer
Wine Domestic
Beer
Misc Taxable
Liquor
Liquor
Tobacco Products
Beer
Misc Taxable
Misc Non-Taxable
Wine Domestic
Merchandise for Resale
Wine Domestic
Tobacco Products .
Wine Domestic
Liquor
Beer
Wine Domestic
Wine Domestic
Wine Imported
Conference Expense
Dues & Subscriptions
AR Utility
Other Deductions
Postage
Special Event Fees
Transportation
Other Contracted Services
Conference Expense ,
Operating Supplies
Autos
Deposits
Autos
Tuition Reimbursement/School
Signs
Printing
Improvement Contracts
Lessons & Classes
Instructor Service
Refunds
Refunds
Program Fee
Program Fee
Refunds
Instructor Service
Program Fee
Program Fee
Refunds
Refunds
Refunds
Lessons & Classes
Lessons & Classes
Program Fee
Youth Resident
Instructor Service
Refunds
Cash OverlShort
Instructor Service
Refunds
EventdAdmission Fee
Refunds
Refunds
Program Fee
Business Unit
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Concessions
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie Village Liquor Store
Prairie Village Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Water Utility - General
City Council
Water Enterprise Fund
General Fund
Wireless Communication
Senior Center Program
Senior Center Program
Police
In Service Training
Police
Public Safety
Escrow
Public Works
In Service Training
Traffic Signs
Senior Center Program
Improvement Projects 1996
Pool Lessons
Outdoor Center
Environmental Education
Environmental Education
Outdoor Center
Adult Program
Environmental Education
Outdoor Center
Day Camp
Outdoor Center
Environmental Education
Environmental Education
Environmental Education
Pool Lessons
Oak Point Lessons
Activity Camp
Community Center Admin
Outdoor Center
Environmental Education
General Fund
Outdoor Center
Environmental Education
Ice Show
Environmental Education
Environmental Education
Outdoor Center
City of Eden Prairie
Council Check Register
6/4/2002
Check#
I 10235
1 10236
1 10237
I 10238
1 10239
1 10240
110241
1 10242
1 10243
1 10244
1 10245
I 10246
1 10247
I 10248
I 10249
I 10250
110251
I 10252
110253
1 10254
11 0255
11 0256
11 0257
110258
1 10259
110260
110261
1 10262
1 10263
11 0264
11 0265
11 0266
1 10267
11 0268
1 10269
1 10270
1 10272
11 0273
1 10274
1 10275
1 10276
1 10277
1 10278
1 10279
110280
110281
1 10282
11 0283
1 10284
1 10285
1 10286
I 10287
1 10288
I 10289
1 10290
110291
1 10292
1 10293
110294
11 0295
11 0296
1 10297
110298
110299
110300
Amount
40
25
40
100
194
21 2
25,389
125
279
100
277
18
197
148
497
171
119
31
4,511
272
300
7,295
17.093
64
809
3
3,222
159
905
66
2,340
5,892
1,436
15,572
383
6,883
17,492
1,338
10,250
1 74
169
760
9,051
1,071
1,728
11,997
14.680
143
804
102
156
24
74
185
119
550
53
362
49,888
1,276
100
6,884
185
20
44
Vendor
TRAPP. SUZANNE
TRUDEAU, JANE
WALSTEIN, LOUISE M.
ZARNS, GEORGE
STOVRING, LESLIE
ADDED FLAIR
AKIN GUMP STRAUSS HAUER & FELD
BARNES & NOBLE
BARTON SAND & GRAVEL CO
BOLLES, STEPHEN
CONSTRUCTION BULLETIN
DISH NETWORK
GE CAPITAL
HOLIDAY INN
KINGSTON, JEREMY
LAKE COUNTRY DOOR
LEMPESIS, BILL
MENARDS
METRO SALES INCORPORATED'
PETTY CASH
PETTY CASH - TRlA MANN
PRAIRIE PARTNERS SIX LLP
RELIANT ENERGY RETAIL INC.
RUND, LISA
UNLIMITED SUPPLIES INC
UPS
XCEL ENERGY
ACE ICE COMPANY
ALL SAINTS BRANDS DISTRIBUTING
AMERIPRIDE LINEN &APPAREL SER
BELLBOY CORPORATION
DAY DISTRIBUTING
EAGLE WINE COMPANY
EAST SIDE BEVERAGE COMPANY
GRAPE BEGINNINGS
GRIGGS COOPER & CO
JOHNSON BROTHERS LIQUOR CO
LAKE REGION VENDING
MARK VI1
MIDWEST COCA COLA BOTTLING COM
NORTH STAR ICE
PAUSTIS & SONS COMPANY
PHILLIPS WINE AND SPIRITS INC
PINNACLE DISTRIBUTING
PRIOR WINE COMPANY
QUALITY WINE & SPIRITS CO
THORPE DISTRIBUTING
WINE MERCHANTS INC '
WORLD CLASS WINES INC
ADTECH COMMUNICATIONS GROUP
BAGELMAN'S NEW YORK BAKERY
BCA CJIS ID UNIT
BRUENING, CHARLOTTE
CARLSON, PAULINE
CONLEY, JOHN
CONSTRUCTION BULLETIN
DEMANN, JIM
GOOD, JAMIE
GREGERSON ROSOW JOHNSON & "A
HOME DEPOTIGECF
HUTCHINSON, CITY OF
LARKIN HOFFMAN DALY & LINDGREN
UNDAHL, DAVID
MPPOA
NGUYEN. VIET
Account Description
Instructor SeM'ce
Program Fee
Instructor Sewice
Refunds
Miscellaneous
Other Contracted Services
Legal Counsel Airport
Operating Supplies
Gravel
Refunds
Improvements to Land
Cable TV
Other Rentals
Travel Expense
Other Contracted Services
Building Repair & Maint.
Mileage & Parking
Building Materials
Other Rentals
Clothing & Uniforms
Operating Supplies
Building Rental
Gas
Office Supplies
Equipment Parts
Postage
Principal
Misc Non-Taxable
Beer
Repair & Maint. Supplies
Liquor
Beer
Wine Imported
Beer
Wine Domestic
Liquor
Liquor
Tobacco Products
Beer
Misc Taxable
Misc Non-Taxable
Wine Imported
Liquor
Tobacco Products
Wine Domestic
Wine Domestic
Beer
Wine Domestic
Wine Domestic
Video & Photo Supplies
Miscellaneous
Other Contracted Services
Operating Supplies
Lessons & Classes
Clothing & Uniforms
Improvements to Land
Operating Supplies
Clothing & Uniforms
Legal
Operating Supplies
Other Rentals
Improvements to Land
Conference Expense
Dues &Subscriptions
Lessons & Classes
Business Unit
Outdoor Center
Preschool Playground
Outdoor Center
Environmental Education
Recycle Rebate
Preschool Events
Airport
Youth Programs Administration
Street Maintenance
Environmental Education
Park Acquisition & Development
Ice Arena
General
Police
2000 Rehab
Water Treatment Plant
Prairie View Liquor Store
Outdoor Center
General
Police
Summer Theatre
Prairie Village Liquor Store
Maintenance
Human Resources
Fleet Services
Water System Maintenance
Traffic Signals
Prairie View Liquor Store
Prairie Village Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Prairie View Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Den Road Liquor Store
Police
Human Resources
Finance
Senior Center Operations
Pool Lessons
Police
Capital Impr. I Maint. Fund
Police
Police
Legal Council
Capital Outlay Parks
Police
Construction Fund
In Sem'ce Training
Police
Oak Point Lessons
Check#
110301
110302
110303
1 10304
11 0305
110306
1 10307
1 10308
110309
110310
110311
110312
110313
110314
110315
110316
110317
110318
110319
1 10320
110321
110322
1 10323
1 10324
1 10325
1 10326
1 10327
1 10328
11 0329
11 0330
110331
110332
110333
110334
110335
11 0336
11 0337
I1 0338
11 0339
1 10340
110341
110342
11 0343
11 0344
1 10345
110346
110347
110348
11 0349
110350
110351
1 10352
110353
11 0354
110355
110356
1 10357
110358
I 10359
110360
110361
110362
11 0363
110364
110365
Amount
91
90
38
54
66
436
297
35
445
193
178
935
150
317
286
543
138
1,134
51 1
240
5,400
427
465
46
225
332
343
137
I00
1,450
489
1,012
134
235
5,625
240
1,297
3,168
1,012
104
166
3,329
131
77
286
104
190
354
117
542
55
145
446
1,422
618
107
51
1.763
392
104
200
42
I88
721
207
City of Eden Prairie
Council Check Register
61412002
Vendor
PETERSON-BENIKE, LORI
POST BOARD
QUICKSILVER EXPRESS COURIER
STAAF, CARTER
VANDENBERGHE, MARK
VERIZON DIRECTORIES CORP
WYFFELS, BILL
A TO Z RENTAL CENTER
AAA LAMBERTS LANDSCAPE PRODUCT
ADOLPHKIEFER
AIM ELECTRONICS
ALFAX WHOLESALE FURNITURE INC.
ANCHOR PAPER COMPANY
AQUA ENGINEERING INC
ARMOR SECURITY INC.
BARTOS PRODUCTS
BAUER BUILT TIRE AND BATERY
BIFFS INC
BLOOMINGTON, CITY OF
BRAUN INTERTEC CORPORATION
BROADWAY AWARDS
BROWN, PAUL
C & C EMBROIDERY
CAMPBELL, CLIVE
CEMSTONE
CENTRAIRE INC
CHANHASSEN BUMPER TO BUMPER
CIMARRON TRADING CO
CLOSED CIRCUIT SPECIALISTS INC
COMMUNITY INTERVENTION INC
CONCRETE CUTTING & CORING INC
CONSTRUCTION MATERIALS INC
COPY EQUIPMENT INC
CORNERSTONE
CORPORATE CHAIR MASSAGE INC
CORPORATE EXPRESS
CRYSTEEL TRUCK EQUIPMENT
CRYSTEEL TRUCK EQUIPMENT INC
CUB FOODS EDEN PRAIRIE
CUMMINS NORTH CENTRAL INC
DALCO
DALE GREEN COMPANY, THE
DECORATIVE DESIGNS INC
DRlSKlLLS NEW MARKET
DYNA SYSTEMS
EARL F ANDERSEN INC
EBIKETOOLS.COM
ECOLAB INC
ELVIN SAFETY SUPPLY INC
EMERGENCY APPARATUS MAINTENANC
EXTEND0 BED CO INC
FASTENAL COMPANY
FEDERAL SIGNAL CORPORATION
FIKES HYGIENE SERVICES
FORESTRY SUPPLIERS INC.
G & K SERVICES DIRECT PURCHASE
GATES, KATHY
GN NETCOM INC
GOODPOINTE TECHNOLOGY CORPORAT
GREATAMERICA LEASING CORP-
HAMILTON, MICHAEL
BARKER-HAMMER ASSOCIATES INC.
CUTLER-MAGNER COMPANY
DIGI-KEY
G & KSERVICES-MPLS INDUSTRIAL
Account Descripfion
Travel Expense
Licenses &Taxes
Postage
Operating Supplies
Travel Expense
Advertising
Clothing & Uniforms
Other Rentals
Landscape MaterialslSupp
Safety Supplies
Equipment Repair & Maint
Capital Under $2,000
Office Supplies
Other Contracted Services
Equipment Repair & Maint
Operating Supplies
Capital Under $2,000
Tires
Waste Disposal
Kennel Services
Testing - Soil Boring
Operating Supplies
Other Contracted Services
Clothing & Uniforms
Other Contracted Services
Repair & Maint. Supplies
Equipment Repair & Maint
Equipment Parts
Operating Supplies
Capital Under $2,000
Operating Supplies
Operating Supplies
Asphalt Overlay
Operating Supplies
Other Contracted Services
Other Contracted Services
Office Supplies
Machinery & Equipment
Capital Under $2,000
Operating Supplies
Equipment Parts
Chemicals
Cleaning Supplies
Repair & Maint. Supplies
Other Contracted Services
Operating Supplies
Operating Supplies
Repair & Maint. Supplies
Signs
Clothing & Uniforms
Other Contracted Services
Small Tools
Equipment Repair & Maint
Capital Under $2,000
Equipment Parts
Equipment Repair & Maint
Operating Supplies
Protective Clothing
Clothing & Uniforms
Other Rentals
Other Contracted Services
Operating Supplies
Design & Engineering
Other Rentals
Other Contracted Setvices
Business Unit
Heritage Preservation
Police
General
Police
Police
Prairie View Liquor Store
Police
Street Maintenance
Storm Drainage
Pool Operations
Ice Arena
Water Treatment Plant
Police
Water System Maintenance
Wireless Communication
Prairie Village Liquor Store
Fleet Services
Fleet Services
Park Maintenance
Animal Control
Sewer Utility - General
Police
Basketball
Fire
Adult Open Gym
Water System Maintenance
Outdoor Center
Fleet Services
Heritage Preservation
Prairie Village Liquor Store
Grant Fund
Street Maintenance
Street Maintenance
Park Maintenance
Legal Council
Human Resources
General
Capital Outlay Parks
Fleet Services
Fire
Fleet Services
Water Treatment Plant
Maintenance
Water System Maintenance
Water Treatment Plant
Wireless Communication
Senior Center Administration
Water Treatment Plant
Traffic Signs
Police
Cummins Grill
Fire
Fire
Fleet Services
Fleet Services
Fleet Services
Den Road Liquor Store
Tree Disease
Park Maintenance
Park Maintenance
Police
Telephone
State Aid Construction
General
Softball
City of Eden Prairie
Council Check Register
6/4/2002
Check#
110366
I 10367
I 10368
1 10369
I 10370
110371
I 10372
1 10373
1 10374
1 10375
1 10376
1 10377
I 10378
1 10379
110380
110381
110382
110383
110384
1 10385
110386
110387
110388
110389
110390
110391
1 10392
1 10393
1 10394
1 10395
110396
110397
110398
110400
110401
1 10402
11 0403
11 0404
11 0405
11 0406
11 0407
11 0408
1 10409
110410
110411
110412
110413
110414
110415
110416
110417
110418
110419
11 0420
1 10421
110422
1 10423
I 10424
1 10425
I1 0426
I 10427
I 10428
110429
I 10430
110431
Amount
30,707
85
9
910
1,727
315
524
260
200
855
1,691
105
3,000
71
1,086
195
501
601
126
787
159
1,354
1,995
79
341
975
880
120
128
521
90
150
304
295
63
1,157
276
5,930
51
240
2,010
2,309
5,581
55
196
428
241
33
25
27,060
3,856
3,136
142
29
778
265
4,967
467
451
52
94
43
1.198
175
55.468
Vendor
HANSEN THORP PELLINEN OLSON
HARMON AUTOGLASS
HENDERSON, JOSH
HENNEPIN COUNTY SHERIFF'S OFF1
HENNEPIN COUNTY TREASURER
HIRSHFIELDS PAINT MANUFACTURIN
HOLMES, JOHN CARTER
HOLMES, TOM
HYDROLOGIC
INGRAHAM & ASSOC
INNOVATIVE GRAPHICS
INSPEC INC.
INTL SECURITY PRODUCTS
J H LARSON ELECTRICAL COMPANY
JANEX INC
JOHN HENRY FOSTER MINNESOTA IN
KINKO'S
KRAEMERS HARDWARE INC
LAKELAND FORD TRUCK SALES
LANDFORM ENGINEERING COMPANY
LANDS END CORPORATE SALES
LASTAVICH, STEVE
LAW ENFORCMENT TARGETS INC
LESCO INC
LHB ENGINEERS &ARCHITECTS
LIGHTNING PRINTING
LOES OIL COMPANY
LOTUS LAWN & GARDEN
M R SIGN
MARKS CERTICARE AMOCO
MARTINSON, PAUL
MENARDS
METRO ATHLETIC SUPPLY
METRO CONCRETE RAISING INC
METRO PRINTING INC
MIDWEST ASPHALT CORPORATION
MINNESOTA CONWAY
MINNESOTA ROADWAYS CO
MINNESOTAVIKINGS FOOD SERVICE
MTI DISTRIBUTING INC
MUNICIPAL EMERGENCY SERVICES
NORTHERN TOOL & EQUIPMENT CO.
NORTHWEST BUSINESS SYSTEMS
OLSEN COMPANIES
OS1 BATTERIES INC
PAPER DIRECT INC
PAPER WAREHOUSE
PARROTT CONTRACTING INC
PENN ARMS INC
PERNSTEINER CREATIVE GROUP INC
PETSMART
PITNEY BOWES
POWERPLAN
PRAIRIE CYCLE &SKI
PRAIRIE LAWN AND GARDEN
PRINTERS SERVICE INC
PRIORITY COURIER EXPERTS
R & R MARINE INC
RAINBOW FOODS INC.
RAY O'HERRON CO INC
RAY, LEE
RlTZ CAMERA
RMR SERVICES INC
HAYDEN-MURPHY EQUIPMENT COMPAN
MAXI-PRINT INC
Account Description
Improvements to Land
Equipment Repair & Maint
Equipment Parts
Other Contracted Services
Board of Prisoner
Operating Supplies
Operating Supplies
Other Contracted Services
Other Contracted Services
Repair & Maint. Supplies
Improvements to Land
Clothing & Uniforms
B u i I d i n g
Repair & Maint. Supplies
Repair & Maint. Supplies
Cleaning Supplies
Equipment Repair & Maint
Operating Supplies
Small Tools
Equipment Repair & Maint
Improvement Contracts
Clothing & Uniforms
Other Contracted Services
Training Supplies
Landscape MaterialslSupp
Building
Printing
Waste Disposal
Landscape MaterialslSupp
Operating Supplies
Equipment Repair & Maint
Other Contracted Services
Printing
Cleaning Supplies
Operating Supplies
Asphalt Overlay
Printing
Patching Asphalt
Equipment Repair & Maint
Patching Asphalt
Employee Award
Equipment Repair & Maint
Protective Clothing
Equipment Parts
Equipment Repair & Maint
Repair & Maint. Supplies
Operating Supplies .
Office Supplies
Operating Supplies
Other Contracted Services
Capital Under $2,000
Other Contracted Services
Canine Supplies
Postage
Equipment Repair & Maint
Clothing & Uniforms
Capital Under $2,000
Repair & Maint. Supplies
Equipment Repair & Maint
Equipment Repair & Maint
Operating Supplies
Clothing & Uniforms
Other Contracted Services
Operating Supplies
Other Contracted SeM'ces
Business Unit
Park Acquisition & Development
Fleet SeM'ces
Fleet Services
Adult Open Gym
Police
Community Development
Park Maintenance
Volleyball
Volleyball
Park Maintenance
Park Acquisition & Development
Adaptive Recreation
Capital Impr. I Maint. Fund
Park Maintenance
City Center Operations
Maintenance
Water Treatment Plant
Water Utility - General
Capital Outlay Parks
Fleet Services
Capital Impr. I Maint. Fund
Telecommunicators
Historical Culture
Police
Storm Drainage
Capital Impr. / Maint. Fund
Senior Center Program
Fleet Services
Reforestation
Traffic Signs
Fleet Services
Spring Skill Development
Police
Water Treatment Plant
Park Maintenance
Street Maintenance
Fire
Street Maintenance
Den Road Liquor Store
Street Maintenance
Human Resources
Fleet Services
Fire
Fleet Services
Police
Sewer System Maintenance
Fire
Senior Center Administration
Police
Water System Maintenance
Police
Staring Lake Concert
Police
General
Fleet Services
Police
Capital Outlay Parks
IceArena .
Fleet Services
Park Maintenance
Senior Center Program
Police
Softball
Police
Water Meter Repair
3
City of Eden Prairie
Council CheckRegister
6/4/2002
Check ::
I 10432
I 10433
11 0434
I1 0435
I1 0436
1 10437
1 10438
1 10439
I10440
110441
1 10442
1 10443
I10444
110445
11 0446
1 10447
11 0448
11 0449
1 10450
110451
1 10452
1 10453
1 10454
1 10455
110456
1 10457
1 10458
110459
1 10460
110461
1 10462
1 10463
11 0464
11 0465
11 0466
1 10467
1 10468
1 10469
1 10470
11 0471
11 0472
11 0473
1 10474
1 10475
1 10476
1 10477
1 10478
11 0479
I 10480
110481
I 10482
11 0483
1 10484
1 10485
I 10486
I 10487
110488
Amount
273
370
128
57
100
540
23
57,978
477
1,039
23,113
5,568
415
296
19,604
1,965
310
3,389
1,291
87
3,500
169
125
992
776
100
221
235
41 9
553
97
1,075
28,704
345
101
505
436
85
196
75
1,175
40
1,118
184,925
200
185
103
67
126
841
60
1,125
166
146
95
2,378
150
1,066,503
Vendor
ROOT 0 MATIC
RUFFRIDGE JOHNSON EQUIPMENT CO
SCHARBER & SONS
SCRAP METAL PROCESSORS INC
SEELYE PLASTICS INC
SHORT ELLIOT HENDRICKSON INC
SNELL MECHANICAL INC
SOFTWARE HOUSE INTERNATIONAL I
SOUTHRIDGE CONSTRUCTION
SPORTS WORLD USA INC
SPS COMPANIES
SRF CONSULTING GROUP INC
ST CROIX RECREATION CO INC
STRATUM ONE FITNESS EQUIPMENT
STREICHERS
SUBURBANCHEVROLETGEO
SUBURBANPROPANE
SUMMIT ENVIROSOLUTIONS
SUPERCIRCUITS INC
SWEDLUNDS
SYSTEM CONTROL SERVICES
TESSMAN SEED CO
THYSSENKRUPP ELEVATOR
TIERNEY BROS INC
TIM'S QUALITY PLUMBING INC
TKDA
TOTAL DISPLAYS
TOWN AND COUNTRY DODGE
TRAFFIC CONTROL CORPORATION
TRAUT WELLS
TWIN CITY OXYGEN CO
TWIN CITY SEED CO
UNIFORMS UNLIMITED
UNIPOWER CORPORATION
UNLIMITED SUPPLIES INC
US CAVALRY
US FILTEWATERPRO
UZ ENGINEERED PRODUCTS
VALUTIME INC
VElT & CO
VIKING ELECTRIC SUPPLY
VIKING INDUSTRIAL CENTER
VOSS LIGHTING
VWR INTERNATIONAL INC
W W GRAINGER
WATER SPECIALITY OF MN INC
WAYTEK INC
WELLS FARGO BANK MINNESOTA NA
WEST WELD
WESTBURNE SUPPLY INC - PLYMOUT
WESTWOOD PROFESSIONAL SERVICES
YOCUM OIL COMPANY INC
ZEP MANUFACTURING CO
SAFETY-KLEEN
SE-ME INC
SNAP-ON TOOLS
UNITED PROPERTIES - FACILITY S
Grand Total
Account Description
Other Contracted Sem'ces
Equipment Parts
Other Rentals
Equipment Repair & Maint
Waste Disposal
Video & Photo Supplies
Repair & Maint. Supplies
Design & Engineering
Small Tools
Equipment Repair & Maint
Software
B u i I d i n g
Recreation Supplies
Repair & Maint. Supplies
Design & Engineering
Capital Under $2,000
Equipment Repair & Maint
Capital Under $2,000
Equipment Parts
Motor Fuels
Design & Engineering
Capital Under $2,000
Waste Disposal
Equipment Repair & Maint
Operating Supplies
Equipment Repair & Maint
Autos
Other Contracted Services
Other Contracted Services
Other Contracted Services
Equipment Parts
Capital Under $2,000
Equipment Repair & Maint
Lubricants &Additives
Landscape MaterialslSupp
Clothing & Uniforms
Equipment Parts
Building Repair & Maint.
Repair & Maint. Supplies
Clothing & Uniforms
Equipment Parts
Small Tools
Operating Supplies
Improvements to Land
Operating Supplies
Safety Supplies
Repair & Maint. Supplies
Operating Supplies
Repair & Maint. Supplies
Chemicals
Operating Supplies
Paying Agent
Equipment Parts
Building Repair & Maint.
Design & Engineering
Motor Fuels
Operating Supplies
Business Unit
Sewer System Maintenance
Fleet Services
Park Maintenance
Park Maintenance
Fleet Services
Police
Water Treatment Plant
Improvement Projects 1996
Fleet Services
Ice Arena
Information Technology
Park Acquisition & Development
Soflball
Water Meter Repair
Improvement Projects 1996
Capital Impr. I Maint. Fund
Police
Police
Fleet Services
Fleet Services
Utility Improvement Fund
Wireless Communication
Outdoor Center
Water Treatment Plant
Capital Outlay Parks
Water Treatment Plant
Fleet Services
Water System Maintenance
Water System Maintenance
Civil Defense
Fleet Services
Fleet Services
Water Treatment Plant
Fleet Services
Street Maintenance
Police
Sewer Liflstation
Prairie View Liquor Store
Water System Maintenance
Police
Water Meter Repair
Water Meter Repair
DWI Forfeiture
Construction Fund
Traffic Signals
Sewer System Maintenance
Maintenance
Water Treatment Plant
Fire Station #I
Pool Maintenance
Park Maintenance
Open Space Debt 1994
Fleet Services
Maintenance
Capital Impr. / Maint. Fund
Water Treatment Plant
Fleet Services
CITY COUNCIL AGENDA
SECTION: Director of Public Works Report
SERVICE AREADIVISION ITEM DESCRIPTION I.C. 98-5474
Engineering Services
AlanD. Gray
Eunene A. Dietz
DATE:
June 4,2002
ITEM NO.:
Approve Resolution for the Crestwood Terrace
(Published 05/02/02. Sent to 46 Residents)
Street Improvements
Requested Action
mii- ,?E.l.a,
Move to: Adopt resolution approving Special Assessments for street improvements in
the Crestwood Terrace Neighborhood (98-5474).
Synopsis
The hearing for this project is scheduled under Public Hearings on this agenda. The amounts to
be assessed are in accordance with the feasibility study. The final assessment hearing for this
project has been scheduled prior to the award of the construction contract to determine if a
significant number of property owners intend to appeal the amount of the assessment. If a large
number of appeals are received, Council may continue this contract award in order to evaluate
the potential financial impacts. This process was used in 2000 for the Cedar Forest and
HighviewLakeland projects. No assessment appeals were undertaken by residents of those
projects. A significant level of appeals may suggest that further discussion between staff and
residents is desirable before the City makes a financial commitment to the project.
Background Information
Based on the needs identified in the project area, a fast-track design and construction process was
put into motion earlier this year. The goal is to provide sanitary sewer and water to the
neighborhood prior to the end of the construction season. This hearing will allow Council to
gauge the extent of possible objections to the amount of special assessments prior to award of the
construction contract. Although extensive objections are not anticipated, this process reduces the
risk associated with assessment appeals. Based on the Feasibility Study the estimated City share
of this $1,850,000 project is approximately $320,000.
CITYOFEDENPRAlRIE
HEN” COUNTY, RlINMEsOTA
RESOLUTION NO.
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and
heard and passed upon all objections in the proposed assessments for the following improvements to
wit: ’
(See Exhibit A attached)
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1. Such proposed assessments are hereby accepted and shall constitute the special assessment
against the lands in the final assessment rolls, and each tract of land therein included is
hereby found to be benefitted by the improvement in the amount of the assessment levied
against it.
2. Such assessment shall be payable in equal annual installments extending over a period of
years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit
A, except no interest shall be charged if the entire assessment is paid on or before November
30,2002. To the kst installment shall be added interest on the entire assessment fiom May
1,2002 until December 31,2003. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
0
3. The Clerk shall forthwith trmmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County, and such assessments shall be
collected and paid‘over in the same manner as other municipal taxes beginning in 2003.
It is hereby declared to be the intention of the Council to reimburse itself in the future for the
portion of the cost of this improvement paid for from municipal funds by levying additional
assessments, on notice and hearings as provided for the assessments being made, upon any
properties abutting on the improvements but not herein assessed for the improvement when
changed conditions relating to such properties make such assessment feasible.
- .. -.
4.
5. The assessment date of Resolution No. is herein revised in accordance with Exhibit A
attached hereto.
APPROVED on June 4,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
1. I.C. 98-5474
30-1 16-22-13-0014
30-1 16-22- 13-0015
30- 1 16-22-13-0019
30-1 16-22-13-0020
30-1 16-22-13-0021
30-1 16-22-13-0022
30-1 16-22-13-0023
30-1 16-22-13-0024
30-1 16-22-13-0027
30-1 16-22-24-0002
30-1 16-22-24-0003
30-116-22-42-0001
30-116-22-42-0002
30-116-22-424003
Street improvements on Crestwood Terrace in Maplewood
Park Estates, Crestwood 73 and Crestwood 89
Earl Hacking 10,968.00
Sean Flaten 10,968.00
Brian Keogh 10,968.00
10,968.00 Paul Fisher
Bert Skatrud 10,968.00
Eugene Heier 10,968.00
Steve Rasmussen 10,968.00
John Kustritz 10,968.00
William Dupont 10,968.00
Walter Bentz 10,968.00
David Dirkswager 10,968.00
Delbert Hammerschmidt 10,968.00
10,968.00 hnidl Yanchuk
Gary Ryan 10,968.00
StrtXtS $10,968.00/L.U.
Project Cost:
Previously Assessed:
City Share:
County Share:
Net Assessment:
20 Years at 6.5%
$610,650.00
$106,122.00
$504,528.00
Propertyowner -* I ParcelPID#
30-116-22-42-0004
30-1 16-22-42-0005
Jay Luehmaun
Jeff Rallevig
30-1 16-22-42-0006
30-1 16-22-42-0007
Melvin Goldenbogen
Virginia Dorenkember
30-1 16-22-42-0008
30-1 16-22-42-0009
Norbert Rogers
Schubert Daniel & Phillip
30-1 16-22-42-0010
30-1 16-22-42-001 1
Mark Bonk
Jock Grier
30-1 16-22-42-0012
30-1 16-22-42-0013
30-1 16-22-42-0014
Irene Schwartz
Michelle Ingram
Kathryn Morton
10,968.00
10,968.00
30-1 16-22-42-0015
30-1 16-22-42-0016
10,968.00
10,968.00
Dennis Anderson
Rolf Brown
10,968.00
10,968.00
30-1 16-22-42-0017
30- 1 16-22-42-0018
10,968.00
10,968.00
Thomas Atkinson
Jeffrey Broberg
10,968.00
10 , 968.00
30- 1 16-22-42-001 9
30-1 16-22-42-0020
10,968.00
10,968.00
Dennis Wittenberg
Susan Henderson
I 10,968.001
30-1 16-22-42-0021
30-1 16-22-42-0022
4
Terri Viken
Tod Tocpke
CITYCOUNCILAGENDA
SERVICE AREAIDnTJ[SION:
Engineering Services
AlanD. Gray
Eugene A. Dietz
SECTION: Director of Public Works Report
1
ITEM DESCRIPTION: I.C. 98-5474
Award Contract for Crestwood Terrace Area
Improvements
I DATE:
June 4,2002
I
I
Requested Action
Move to: Adopt resolution awarding contract for I.C. 98-5474, Crestwood Terrace Area
Improvements.
Synopsis
The preliminary hearing for Crestwood Terrace Area Improvements was held March 7,2002, at
which time Council ordered this neighborhood street and utility improvement.
Background Information
The Crestwood Terrace Neighborhood petitioned for improvements in 1998. Staged
development of the Oakparke Addition has extended utilities to the boundary of the Creastwood
Terrace neighborhood allowing for the neighborhood improvements at this time.
4
- ~. -.
-
CITY OF EDEN PRAIRIE
HEN” COUNTY, MINNESOTA
RESOLUTION NO.
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 98-5474 - Crestwood Terrace Neighborhood Area Improvements
Bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
in
accordance with the plans and specifications thereof approved by the Council and on file in
in the name of the City of Eden Prairie in the amount of $
the office .. of the City Engineer. -.
ADOPTED by the Eden Prairie City Council on June 4,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
I
z
SUMMARY OPBIDS
CRESTWOOD TERRACENEIGHBORHOOD AREAIMPROVEMENTS
I.C. 02-5564
- ...
CITY COUNCIL, AGENDA
SECTION:
SERVICE AREA. ITEM DESCRIPTION:
City Manager
Scott Neal
Report of the City Attorney
Public Meeting on Smoke-Free Ordinance
Requested Action
Discussion of ground rules for the Public Hearing on June 11, 2002.
DATE:
June 4,2002
ITEM NO.
a- I #I I I
Synopsis
The City Attorney’s office has arranged for Administrative Law Judge Allan Klein to preside over the
Public Hearing to hear testimony with respect to proposed adoption of a smoke-fiee air ordinance on
June 11 , 2002, in the Council Chamber, City Center, 8080 Mitchell Road.
Council may wish to discuss and set ground rules for the Public Hearing so the public can be informed
of the process in advance. Any established rules will be sent to the local newspapers for publication
and on posted on the City’s website.
Attachments
Notice and Order for Public Meeting
Letter fiom City Attorney Ric Rosow, dated May 29,2002
OAH Docket No.
STATE OF MDNESOTA
OFFICE OF ADWISTRATIVE WGS
FOR EDEN PRAYRE ... "..____ . ........._.........______........... .............. ..............................-..-............-........................-..-......-..-..._...........-........ .........
In the Matter of ! NVTICE AND ORDER FOR PUBLIC
f MEETING
f t Adoption of a Smoke-Free Ordinance
... $- -+ ......... .. .* G';' .,-.,.- -. .--._ . e.. .. : ___...._..._.._ . _.......-.._-..,... ...... -.-. ." ....-..-............... . .........._..._ ................................... .- .................................................................
TO: Administrative HeEings Office
The Administrative Hearings Office IS HEREBY NOTFED that the City of Eden Prairie has
determined to hold a public meeting to receive comments on the advisability of enacting a smoke fiee
ordinance.
IT IS EIEREBY ORDER ED that a public meeting will be held on June 1 lth at 7:OO PM at the
Eden Prairie City Center, 8080 Mitchell Road, Eden Prairie, Minnesota.
The Chief Administrative Law Judge, Office of Administrative Mearings, has assigncd this
matter to Judge Allan Klein, Administrative Law Judge, Office of Administrative Hearings, 100
Washington Avenue South, Suiie 1700, Minneapolis, MN 55401-2138, telephone (61 2) 341-7609.
ISSUES
This meeting presents ai opportunity for rncmbers of the public to give testimony with respect
to the adoption of a smoke-fkee air ordinance in Eden Prairie.
ADDITIONAL NOTICE
1. Persons attending the meeting should bring all cvidence bearing on the issue, including
. any records or other documents. Be advised that if data that is not public is admitted
into the record, it may bccomc pabiic data unless an objection is made and relid is
requested under Minn. Stat. $14.60, subd. 2. Persons intending to prcsent factua1
testimony or evidence as opposed to opinion testimony should also bring and present ti I
the City Councii data which supports and establishes the facts pcrson presents to the
City Council.
..I
2. The Office of Administrative Hearings conducts procedings in accordance with the
Minnesota Rules of Professional Conduct and the Professionalilism Aspirations adopt@
by the Minnesota Supreme Court
FAX LC7000 @I003
3. Any person who needs an accommodation for a disabsty in order to participate in this
hearing process may request one. Examples of reasonable accommodations include
whcelchair accessibility, an interpreter, or Braille or large-print materials, If any penor
requires an interpreter, the administrative law judge must be promptly notified. TO
orrange an acconunodation, contact the Office of Administrative Rearhgs at 100
Washington Avenue South, Suite 1700, Miiinctipolis, Minnesota 55401, or may call
(612) 341-7610 (voice) or (612) 341-7346 (TTY).
...
a 3
GREGEXSON, ROSOW, JOHNSON & NILAN, LTD.
ATTORNEYS ATLAW
1600 PARK BUILDING
650 THIRD AVENUE SOUTH
MINNEAF'OLIS, MINNESOTA 55402-4337
TELEPHONE: (612) 338-0755
FAX: (612) 349-6718
WRITER'S DIRECT DIAL: (612) 436-7477
DAW xi. GREGERSOW
RICHARD F. ROSOW+ 250PRAIRIECENTERDRlVE
MARK J. JOHNSON SUITE 370 JOSEPH ANILAN'
JENNXFERMINZ
JAMES W. DEWLAIN
CRAIGHTON T. B0ATE.S
EDEN PRAIRIE OFFICE
EDEN PRAIRIE. MINNESOTA 55344
TELEPHONE: (952) 829-7355
FAX: (952) 8290713
REPI~"-mhll"EAPOLF-~-- _- r - -+ZHESTINE A. L0NF.F - -_ - - -_- . -ep---Av%-- ~ - *- - - I - ----
ROBERT I. LANG. OF COUNSEL
ROGER A. PAULY, OF COUNSEL
*Also admimed m W~conrin
+Cenified as a Real Property Specialist
Writer's Email: rrosowv@grjn.com
BytbeMinnaota State Barkociation
May 29,2002
The Honorable Allan Klein
Office of Administrative Hearings
100 Washington Avenue South
Suite 1700
Minneapolis, MN 5540 1-2 13 8
Re: City of Eden Prairie
In the Matter of Adoption of a Smoke-Free Ordinance
Dear Judge Klein:
Enclosed please find the Notice and Order for Public Meeting. The City Council announced
at its last meeting that it would hold a public meeting to take testimony on the advisability of
, a6opting a smke-free crdhance hclt?ding cc~n-snt on a prcposed &~ft ordhmce which has been
presented to the Council.
The City Council discussed several procedures that it would like to see implemented for this
public meeting:
1. The Council thought it appropriate to limit each speaker to a reasonable number of
minutes. (The Council was very satisfied with the type of time limitations you
employed in the public meeting on the Flying Cloud Airport.)
2. The Council would like to see speakers pro and con on the issue alternate in terms
of presentation. That is, the Council would like to have one speaker in favor of
adoption of a smoke-fiee ordinance speak followed by a speaker against the
proposition.
GREGEXSON, ROSOFV, JOHNSON & NILAN, LTD.
The Honorable Allan Klein
May 29,2002
Page 2
3. The Council requested that anyone presenting factual evidence (as opposed to
opinion testimony) also present to the Council supporting data that tends to establish
the facts being presented to the Council. For instance, if a speaker wishes to persuade
a positive impact on a business sector, the speaker should be required to provide the
factual basis or data that supports the claim, i.e. a survey or study measuring the
impact of a similar ordinance in another city. If the factuai testimony is in fact
opinion testimony, the Council will receive the opinion testimony as part of the
record but it should be so identified.
-* the Clm~nril tbt the adoption of such an ordinmcr= ~___ __ ~odd have either .- 9 ncl;~+i~y sz- - .-
4. The Council wishes to hear fiom all who wish to speak on this issue but a reasonable
time should be set for the public meeting on the ll*. I believe that it would be
appropriate to adjourn the meeting at 1O:OO p.m. If additional individuals wish to
testify, the Council will need to deal yith whether or not to continue the meeting to
another date.
If you have any questions regarding the process, please do not hesitate to contact me.
Very truly yours,
SON, ROSOW, JOHNSON &NILAN, LTD.
RFR/kl
Enclosure
cc: ScottNeal
EP\City CodeEmoking BanU<lein052902
- DATE:
June 4,2002 z
ClTYCOUNcILAGEMlA
SECTION
SERVICE AREMDMSION: ITEM DESCRTPTION: I.C. 98-5474 ITEM NO.:
Engineering Services
AlanD. Gray Improvements
Eugene A. Dietz
Director of Public Works Report
Award Contract for Crestwood Terrace Area
Requested Action
Move to: Adopt resolution awarding contract for I.C. 98-5474, Crestwood Terrace Area .
Improvements.
Synopsis
lThe preliminary hearing for Crestwood Terrace Area Improvements was held March 7,2002, at
which time Council ordered this neighborhood street and utility improvement.
Background Information
The Crestwood Terrace Neighborhood petitioned for improvements ' in 1998. I Staged
development of the Oakparke Addition has extended utilities to the boundary of the Creastwood
Terrace neighborhood allowing for the neighborhood improvements at this time.
.-
CITY OF EDEN PRAIRTE
HEN” COUNTY, MINNESOTA
RESOLUTION NO. 2002-109
RESOLUTION ACCEPTING BID
WHEREAS, pursuant to an advertisement for bids for the following improvement:
I.C. 98-5474 - Crestwood Terrace Neighborhood Area Improvements
Bids were received, opened and tabulated according to law. Those bids received are shown on the
attached Summary of Bids; and
WHEREAS, the City Engineer recommends award of Contract to:
S.J. Louis Construction, Inc.
NOW, THEREFORE, BE IT RESOLVED by the Eden Prairie City Council as follows:
The Mayor and City Manager are hereby authorized and directed to enter in a Contract with
S.J. Louis Construction, Inc. in the name of the City of Eden Prairie in the amount of
$1,170,296.40 in accordance with the plans and specifications thereof approved by the
Council and on file in the office of the City Engineer.
ADOPTED by the Eden Prairie City Council on June 4,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen Porta, City Clerk
10901 Red Circie Drive, Suite 200, Minnetonka, KV 55343-9301 95291226UO 9529122601 FAX
architecture enginwring - enoironmental framportation
*
May 30,2002 RE: Eden Prairie, Minnesota-
Crestwood Terrace
Street and Utility Improvements
City No. I.C. 98-5474
SEH NO. A-EDENP9906.02 14.00
AlanGray,P.E.
City of Eden Prairie
. 8080 Mitchell Road
Eden Prairie, MN 55344-2230
, CityEngineer
Dear Mr. Gray:
We have prepared an analysis of the bids submitted on the above referenced project at today's bid
letting. Attached to 'this letter is a tabulation of the bids for your referpce and use.
. Based on the bids submitted, it is our recommendation to awatd a contract to S.J. Louis'
Construction, Inc. based on their low bid of $1,170,296.40. That bid is $205,403.60 'below the
Engineer's Estimate contained in the feasibility report of $1,375,700 or 14.9%.
We have discussed'this with a representative of S.J. Louis Construction, Inc. and they indicated they
are anxious to - work .. for the City on this - project.
Sincerely,
V Paul J. Pasko 111, P.E.
Project Manager
ka
Attachment: Bid Tabulation
c: Dave Halter, SEH
hkivinprnjtdeden prniriekdcnp9906.O?.bud runm 1b.h
Short EIliott Hendrickson Inc. * Your Trusted Resource Equal Opportunity Employer
Bid Tabulation
'Crestwood Terrace Street and'utility Improvements
Eden Prairie, Minnesota
City No. I.C. 984474
Bid Date: May 30, 2002; 1O:OO AM
SEH NO: A-EDENP9906.02
Name of Bidder Bid Amount
~~ ~~
S.J. Louis Construction Inc.
S.R. Weidema, Inc. .
Northdale Construction
Barbarossa and Sons Inc.
I $1,170,296.40
$1,198,795.70
$1,296,753.57
.. $1,304,419.50
1 ..
H:\CIVILWrojectsEden Prairie\EDENF'9906.02V3idTab-Listing.d0~
CITYCOUNCILAGENDA
Engineering Services
Requested Action
Move to: Adopt resolution approving Special Assessments for street improvements in
the Crestwood Terrace Neighborhood (98-5474).
Synopsis
The hearing for this project is scheduled under Public Hearinns on this agenda. The amounts to
be assessed are in accordance with the feasibility study. The final assessment hearing for this
project has been scheduled prior to the award of the construction contract to determine if a
significant number of property owners intend to appeal the amount of the assessment. If a large
number of appeals are received, Council may continue this contract award in order to evaluate
the potential financial impacts. This process was used in 2000 for the Cedar Forest and
HighviewLakeland projects. No assessment appeals were undertaken by residents of those
projects. A significant level of appeals may suggest that further discussion between staff and
residents is desirable before the City makes a financial commitment to the project.
Background Information
Based on the needs identified in the project area, a fast-track design and construction process was
put into motion earlier this year. The goal is to provide sanitary sewer and water to the
neighborhood prior to the end of the construction season. This hearing will allow Council to
gauge the extent of possible objections to the amount of special assessments prior to award of the
construction contract. Although extensive objections are not anticipated, this process reduces the
risk associated with assessment appeals. Based on the Feasibility Study the estimated City share
of this $1,850,000 project is approximately $320,000.
CITY OF EDEN PRAIRIE
HEMYEPIN COUNTY, MINNESOTA
RESOLUTION NO.
WHEREAS, pursuant to proper notice duly given as required by law, the City Council has met and
heard and passed upon all objections in the proposed assessments for the following improvements to
wit:
(See Exhibit A attached)
NOW, TEEREFORE, BE IT RESOLVED by the City Council of the City of Eden Prairie:
1.
2.
3.
4.
Such proposed assessments are hereby accepted and shall constitute the special assessment
against the lands in the final assessment rolls, and each tract of land therein included is
hereby found to be benefited by the improvement in the amount of the assessment levied
against it.
Such assessment shall be payable in equal annual installments extending over a period of
years as shown on Exhibit A. Installments shall bear interest at the rates shown on Exhibit
A, except no interest shall be charged if the entire assessment is paid on or before November
30,2002. To the first installment shall be added interest on the entire assessment from May
1,2002 until December 31,2003. To each subsequent installment when due shall be added
interest for one year on all unpaid installments.
The Clerk shall forthwith transmit a certified duplicate of this assessment to the County
Auditor to be extended on the property tax lists of the County, and such assessments shall be
collected and paid over in the same manner as other municipal taxes beginning in 2003.
It is hereby declared to be the intention of the Council to reimburse itself in the fbture for the
portion of the cost of this improvement paid for from municipal funds by levying additional
assessments, on notice and hearings as provided for the assessments being made, upon any
properties abutting on the improvements but not herein assessed for the improvement when
changed conditions relating to such properties make such assessment feasible.
APPROVED on June 4,2002.
ATTEST:
Nancy Tyra-Lukens, Mayor
SEAL
Kathleen A. Porta, City Clerk
1. I.C. 98-5474
Parcel PID#
Street improvements on Crestwood Terrace in Maplewood
Park Estates, Crestwood 73 and Crestwood 89
Streets $10,968.00/L.U.
Property Owner
Project Cost:
Previously Assessed:
City Share:
County Share:
Net Assessment:
30-1 16-22-13-0001 James Korman
20 Years at 6.5%
10,968.00
30-1 16-22-13-0002
30-1 16-22-13-0003
30-1 16-22-13-0004
30-1 16-22-13-0005
30-1 16-22-13-0006
30-1 16-22- 13-0007
30-1 16-22-13-0008
30-1 16-22-13-0009
30-1 16-22-13-0010
30-1 16-22-13-001 1
$610,650.00
$106,122.00
$504,528.00
Pierre Jean Laupies 10,968.00
Paul Langenfeld 10,968.00
Benjamin Walker In 10,968.00
Mathew Haley 10,968.00
Kerry Shore 10,968.00
Jerry Hanson 10,968.00
Scott Sundquist 10,968.00
Barry Johnson 10,968 .OO
Gregory Brown 10,968.00
Mark Bell 10,968.00
Deferred
$Amount
~ ~~~
30- 1 16-22- 13-001 2
2007 $Amount
$Amount
Gary Foslien
~~
30-1 16-22-13-0014 Earl Hacking 10,968.00
30- 1 16-22- 13-0019
30-1 16-22-13-0020
10,968.00
I I
Brian Keogh 10,968.00
Paul Fisher 10,968.00
I 10,968.00 I 30-1 16-22-13-0013 I Bruce Johnson I I
30-1 16-22-13-0021
30-1 16-22-13-0022
Bert Skatrud 10,968.00
Eugene Heier 10,968.00
30-1 16-22-13-0015 I SeanHaten I
30-1 16-22-13-0023
30-1 16-22-13-0024
I 10,968.00 I
Steve Rasmussen 10,968.00
John Kustritz 10,968.00
30-1 16-22-13-0027
30-1 16-22-24-0002
William Dupont 10,968.00
10,968.00 Walter Bentz
30-1 16-22-42-0001
30-116-22-42-0002
Delbert Hammerschmidt 10,968.00
Leonid Yanchuk 10,968.00
30-1 16-22-24-0003 I David Dirkwager I I 10,968.00 I
30-1 16-22-42-0003 I GaryRYan I 10,968.00 1
~~ ~ ~~
30-116-22-42-0Ml4 Jay Lwhmaun
30-1 16-22-42-0005 Jeff Kallevig
~~
10,968.00
10,968.00
30-1 16-22-42-0007 I Virginia Dorenkember I
~~ ~ ~~
30-116-22-42-0006
I 10,968.00
Melvin Goldenbogen 10,968.00
30.1 16-22-42-0008
30-1 16-22-42-0009
Norbert Rogers 10,968.00
Schubert Daniel & Phillip 10,968.00
30-1 16-22-42-0010
30-1 16-22-42-001 1
30-1 16-22-42-0013 I Michellehwam I I I 10,968.00
Mark Bonk 10,968.00
Jock Grier 10,968.00
30-1 16-22-42-0012 Irene Schwartz 10,968.00
30-1 16-22-42-0014
30- 1 16-22-42-0015
30-1 16-22-42-0016
Kathryn Morton 10,968.00
Dennis Anderson 10,968.00
Rolf Brown 10,968.00
~~
30-1 16-22-42-0017
30-1 16-22-42-0018
Thomas Atkinson 10,968.00
Jeffrey Broberg 10,968.00
___~
30- 1 16-22-42-0019
30-1 16-22-42-0020
Dennis Wittenberg 10,968.00
Susan Henderson 10,968.00
~~
30- 116-22-42-0021
30-1 16-22-42-0022
Terri Wen 10,968.00
Tod Toepke 10,968.00