Loading...
IP #736MW REQUEST FOR ACTION Originating Department Approved for Agenda Agenda Section Community Development 1 -27 -03 EDA Item No. By: Kirk McDonald, Director of CD & Ken Doresky, CD Specialist B 4 RESOLUTION APPROVING OFFICE LEASE FOR TENANTS AT 7801 BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 719) ACTION REQUESTED Staff is requesting EDA consideration of a resolution prepared by the City Attorney approving long -term tenant leases (12 months with automatic 12 month renewal and a 90 day termination clause after the first year) for tenants currently located in the City -owned office building located at 7801 Bass Lake Road. On December 9, 2002, the Council approved a resolution awarding a management contract to Quest Real Estate, the low quote firm, in the lump sum amount of $300 per month to manage the office building and directed staff to further inquire with the tenants about signing long -term leases. The City closed on the property on December 16. On November 12, the Council discussed property management and rental options for the building and requested that staff solicit quotes from professional management firms and determine the status of leases and interest in remaining in the building for a period of twelve (12) to eighteen (18) months. On October 28, the Council approved a resolution authorizing acquisition of the property by direct purchase or eminent domain and directed staff to return to the Council with property management and rental options for discussion at a later date. POLICY /PAST PRACTICE City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within the City. The Council has been addressing this goal through the City's many redevelopment activities, including acquiring properties from willing sellers in designated redevelopment areas. Over the past few years, the City has purchased a total of fourteen properties located in Planning District 6 (east Winnetka area) as referenced in the City's Comprehensive Plan. The City has, at times, assumed operating responsibilities for various properties in between relocating tenants and site clearing activities. Most recently, staff assumed operating responsibilities during this interim period for the residential four -plex apartment buildings previously located at 7601 -41 62 Avenue North. The City purchased these buildings in 1998 for redevelopment purposes, relocated the tenants, cleared the sites and landbanked the properties. BACKGROUND On December 9, the Council approved a resolution awarding a management contract to Quest Real Estate, the low quote firm, in the lump sum amount of $300 per month to manage the office building and directed staff MOTION BY SECOND BY _. � r TO: Gt ° ° °- rt - y . ,, . •, r '� � -� Wit.. Y 6 t Request for Action Page 2 1 -27 -03 to further inquire with the tenants about signing long term leases of twelve (12) to eighteen (18) months. Evergreen Land Services, the City's relocation consultant then surveyed all the tenants. On January 16, staff, the City Manager, City Attorney and relocation consultant met to further discuss the leases. Based on that meeting and information gathered, staff recommends that the City offer one year leases with an automatic one year renewal and a ninety day termination clause during the second year. Please see the following information: Evergreen Land Services Long -Term Lease Information: As requested by the Council, Evergreen Land Services, the City's relocation consultant met with the tenants to determine their relocation eligibility and any desire to remain in the building. Please see the following long -term lease interest summary: Unit Business Last Name Monthly Rent Yearly Rent Long Term Lease 101 MN Repping L. Evans /M. Martin $560 $6720 Yes 110 Best Publications Nick Taylor $435 $5220 Yes, but concerns 111 Empty N/A NIA N/A N/A 120 JAK Investments John Ko i $360 $4,320 Yes, but concerns 121 Re -Bound Freight Ed Viehman $445 $5,340 Yes, but concerns 200 Golden Openings Kim Baeth $480 $5,760 Yes 201 Empty N/A N/A N/A N/A 210 Dresser Rand Jim Peterson $222.50 $2,670 No lease, sublets 210 210 On -Track Finance Dale Sprout $222.50 $2,670 Yes 18 -24 months, 12 no 211 Buetz Auto Mark Beutz $250 $3,000 Yes 220 __ Plymouth Agency Sandy Sculthorp $545 $6,540 Yes 231 1 Empty N/A N/A N/A N/A Totall 1 1 $3,520 $42,240 Estimated Cash Flow Gross Rent $3,520 Operating Expenses Estimate $1,895 Management Fee $300 Cash Flow per month $1,325 Evergreen Land Services provided the following information regarding tenant leases: Lori Evans /Margaret Martin — Minnesota Rapping, Suite 101 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Want to stay until the very end. Nick Taylor — Best Publications, Suite 110 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Before the building was bought by the city of New Hope, he was on a month -to -month lease. He likes that for the flexibility reasons. Would lose some of that by signing a 12- month lease. Is a bit concerned about that. John Koppi — JAK Investments, Suite 120 • Plans on staying the full 12 -18 months, but is concerned about the rent. Does not want it to increase, would like it to go down. • Would be willing to sign a lease. Is interested in the terms of the lease and why the month to month is not an option anymore. Would like to stay as long as possible of course. Request for Action Page 3 1 -27 -03 Ed Viehman — Re -Bound Freight Brokers, Suite 121 (tenant manager) • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Big question he has is WHY now does he need to have a lease? Kim Baeth — Golden Openings, Suite 200 • Plans on staying the full 12 -18 months. • Would sign a lease with the City. Mark Beutz — Beutz Auto, Suite 211 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Dale Sprout — On Trac Financial, Suite 210 • Plans on staying the full 12 -18 months. • Would be willing to sign an 18 -month lease, but a 12 -month lease, probably not. He would like to stay there as long as possible. Two years would be a better lease. He is sub - letting to Jim Peterson and would continue to do so. Jim Peterson — Dresser Rand, Suite 210 • Plans on staying the full 12 -18 months. • Does not have a lease with the building, is sub - letting from Dale Sprout. Sandy Sculthorp- Plymouth Agency, Suite 220 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease The City Attorney prepared the attached resolution and lease. The City Attorney submitted the following comments regarding the information. "The lease is for a two -year term, however, it can be terminated after 15 months on 90 days written notice. Please refer to paragraph 2 of the lease concerning this term. Paragraph 4 deals with the base rent. The rent will remain the same during the 24 month period of the lease. Finally, paragraph 16 deals with tenants holding over after the 24 month period. At that time, the lease will automatically revert to a month -to -month lease, and the rent will increase by 150% of the base rent. The other rental terms are basically boiler plate rental terms." On October 28, 2002, the Council approved a resolution to purchase the subject property for $370,000. The property is a multi- tenant office building, currently occupied by nine tenants. Two office spaces are vacant. At the October 28 meeting, the Council requested that staff research options to maintain the building's current use as offices and potentially lease the open units until redevelopment activities begin. The concept being that the City could generate income from the property and delay relocation of the existing businesses before the site is required for redevelopment. Relocation expenses would be required as a component of this acquisition project. Evergreen Land Services, the City's relocation consultant, has provided the City with a preliminary relocation estimate of $20,000 per tenant. It has been determined that ten (10) tenants are currently located in the building, therefore assuming all the tenants accept the $20,000 in lieu of payment as opposed to actual expenses, relocation expenses are estimated to be $200,000. Relocation activities are currently underway. On July 22, 2002, the Council authorized staff to negotiate the potential purchase of this multi- tenant office building based on its appraised value of $330,000 as determined by the Shenehon Company. Based on a meeting with the property owner on April 15, 2002, the City Manager authorized staff to obtain an appraisal of 7801 Bass Lake Road for potential acquisition purposes. The property is located in the East Request for Action Page 4 1 -27 -03 Winnetka Livable Communities area and in Planning District 6. This property is included in the east Winnetka area redevelopment concept plans developed by the Livable Communities Task Force, In 1998, the Council passed a resolution approving the City of New Hope Comprehensive Plan Update. In 1999, the Metropolitan Council approved the Comprehensive Plan Update. In the Plan, the City was broken down into several planning districts. Planning District 6 is the district where the Winnetka, Bass Lake Road and Sumter properties that the City has been pursuing over the past few years are located. Planning District 6 is bordered by Winnetka Avenue North to the west, C.P. Rail system to the south and the City of Crystal to the east and north. The Comprehensive Plan targeted several areas in the City for redevelopment. Recommendations for Planning District 6 include the acquisition and redevelopment of sites located along the south side of Bass Lake Road, in the Bass Lake Road extension area and along the east side of Winnetka Avenue North between 5340 Winnetka Avenue and Bass Lake Road. On May 24, 2002, the Council hired the engineering firm Short Elliott Hendrickson, Inc. to determine whether qualification tests for tax increment eligibility (site coverage, building conditions) can be met in the east Winnetka area. This study is being undertaken to facilitate redevelopment efforts in the area. SEH has determined the subject building to be substandard in the DRAFT report. At a future meeting, staff will request that the Council consider a resolution determining the building to be substandard and included in a Tax Increment Financing District. The resolution would allow the City to clear the site and still include the property in a future Tax Increment Financing District. The property is located at 7801 Bass Lake Road and built in 1969. The property is zoned CB and is used as a multi- tenant office building. The property measures a total of 14,810 sq. ft. or .34 acres. Gross building area of the facility is an estimated 6,000 sq. ft., with a net rentable area of approximately 4,313 sq. ft. Once the building is vacant, the City would request quotes for demolition and site restoration. Staff recommends approval of the attached resolution. FUNDING The subject property is located in an area where TIF funds property acquisition. The property produces a positive cash flow management costs. ATTACHMENTS • Resolution • City Attorney Correspondence (1/20/03) • Location Map can be expended. TIF funds were used for . Positive cash flow dollars will be used to pay • Topographic Map • Evergreen Land Services Memorandum (1 -7 -03) • Sample Lease J E NSE \ 67L SO \LRA L , P.A. Attorneys At Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 ® TELEFAx (763) 493 -5193 e -mail law @ jensen - sondrall.com DOUGLAS J. DEBNER' January 20, 2003 GORDON L. JENSEN' GLEN A. NORTON VIA FACSIMILE TO: (763) 531 -5136 STEVEN A.SONDRALL WILLIAM C. STRAIT' AND BY REGULAR U.S. MAIL STACY A. WOODS Ken Doresky Community Development Specialist OF COUNSEL LORENS Q. BRYNESTAD City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Re: Office Lease /7801 Bass Lake Road Our File No.: 99.11275 Dear Ken: This letter will confirm our discussions at the January 16, 2003 meeting on written leases for the tenants at the 7801 Bass Lake Road office building. Please find enclosed a Lease which can be used for all tenants at the property. Also enclosed is a proposed Resolution approving the lease. As we discussed, the Lease is for a two -year term, however, it can be terminated after 15 months on 90 days' written notice. Please refer to paragraph 2 of the Lease concerning this term. Also, paragraph 4 deals with the base rent. You can do the mathematics on each tenant and incorporate into that paragraph their annual rent and their monthly installment. As we also discussed, the rent will remain the same during the 24 month period of the Lease. In paragraph 3, a description of purpose should be written in each lease. An example would be the operation of a "dental clinic" or "insurance agency ". Finally, paragraph 16 deals with Tenants holding over after the 24 month period. At that time, the Lease will automatically revert to a month -to -month lease, and the rent will increase by 150% of the base rent. The other rental terms are basically boiler plate rental terms. 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Qualified ADR Neutral 'Admitted in Iowa January 20, 2003 Page 2 Please contact me if you have any questions or comments regarding this Lease. Very truly yours, Steven A. Sondrall, City Attorney, City of New Hope JENSEN & SONDRALL, P.A. sasQnjensen- sondrall.coin After Hours Extension #147 Enclosures cc: Valerie Leone (w /enc.) P:AAttomey\ SAS \LettersVCNH99.11275 -001 -Ken Undoe 7SW 7W A 7901 7810 6TH AVE N #w mod ' 5559 5 5546 7615 7 553.9 CO co 5540 5537 - 1 - 7301 5 2 53 7 621 7601 5524 5519 5520 7940 i 5518 5588 5510 Cq 5512 L-- ..: 550 7708 5- 760S. 5506 55TH AVE N t 3 54 5437 5500 544 54.44 ;5437 5436 5437 5436 5 5446 437 Zi 54,30 54,31 54-33 i 5434 543 5432 .... 5440 429 JLJ 5428 54M 5429 54,30 5426 5427 5429 5434 5427 5426 5427 7808 5425 5420 5421 6 5426 5422 um RAPHAEL 54 1 5417 DR. U20 5417 Z 5420 5425 5420 5419 4 5410 5411 5418 5361 5413�`W 5414 54131 541 a ! c�A U-06 5407 'C) t Lj - 5414 I ��, :53 5406 1 Iz 5409 5406 5409 5408 . 5409 5410 5400 5400 5401 5400 ` b401 5400 5343 5325 5340 5330 5337 5 5.325 5336 5337 5319 , 342 5325 5324 5331 5 5,330 5331 i Co- L 5313 5325:0 5 , 5318 3W 5321 5324 co 5325 53-30 5317 4 531 9 5307 5312 531 8 5319 f 7825 5-324 5313 5 312 5306 5,313 7800 5313 5318 53M 5307 5307 5306 L : 5212 N v 5312 530 5300 5301 5206 5306 5301 C-4 •6221 en • c 9dO � C c "� �• O C ° 4 1 ° a IX r I h 9:5.6 1 i P • x 23.8 1 _ e.:.. &7. ° C ❑ s a c c 911.6 a �? c c �o s W C x x c c.� 910c ... c _ c a a -_ W c C r C r O C C C \ 1 x 0 C g0. r I x X 903.6 55TH AVENUE x O C x 900 • x j a O Y U L •- W / O C W C O s..+n.. Z x x x x y O. �W-• It a O • O ae O a •,a a ° O a ° Q C OO c � _ •- ..!!'! t* . e. RA, MEL O a c a 92 0 a a° O O a x N C •� a O G O c a o 0 0 ° x x O x V ❑ C° t W O ° O C O 27.3 - .. 00 o OF-7 e t e ! o ' O 321 . i 1 ��•Lx 921 . J 920. 5 Li �� W ' O a w. a W c c c /c • • a oK a o � c ao < o a a C a 920. \ 919.4 ti C aI X 1 a r` C 92.3 a C a � •a a O 4 � �a O 921 I; - SERVICES COMPANY Acquisition and Relocation Spectali.cs January 7, 2003 Ken Doresky Community Development Specialist City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Tel: (651) 882 -0200 Fax: (651) 882 -6564 Re: 7801 Bass Lake Road tenants signing a 12 -18 month lease with the City of New Hope. Dear Mr. Doresky: Attached is a breakdown of the tenants that are currently in the 7801 Bass Lake Road building. I had a chance to speak with each one of them regarding the possibility of signing a 12 -18 month lease with the City of New Hope. They all said they would be willing to sign a lease depending on the terms of the lease. Some questions did come up as to why they needed to sign a lease or why it was not going to month -to- month, as they have had in the past. I addressed those questions to the best of my knowledge. Just stating that the City would be drawing up the lease and I was not aware of the terms. I stated that all questions regarding the lease should be addressed to the City, as they are the building owner and manager now. If you need any more information, please give me a call at (651) 882 -0200. Sincerely, 4131 Old Sibley Memorial Highway Suite 201 Eagan, MN 55122 Kari Klassen Relocation Specialist Relocation status of tenants at 7801 Bass Lake Road — New Hope, MN Mark Beutz — Beutz Auto, Suite 211 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Jim Peterson — Dresser Rand, Suite 210 • Plans on staying the full 12 -18 months. • Does not have a lease with the building, is sub - letting from Dale Sprout. Kim Baeth — Golden Openings, Suite 200 • Plans on staying the full 12 -18 months. • Would sign a lease with the city Ed Viehman — Re -Bound Freight Brokers, Suite 121 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Big question he has is WHY now does he need to have a lease? John Koppi — JAK Investments, Suite 120 • Plans on staying the full 12 -18 months, but is concerned about the rent. Does not want it to increase, would like it to go down. • Would be willing to sign a lease. Is interested in to the terms of the lease and why the month to month is not an option anymore. Would like to stay as long as possible of course. Nick Taylor — Best Publications, Suite 110 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Before the building was bought by the city of New Hope, he was on a month -to -month lease. He likes that for the flexibility reasons. Would lose some of that by signing a 12 -month lease. Is a bit concerned about that. Dale Sprout — On Trac Financial, Suite 210 • Plans on staying the full 12 -18 months. • Would be willing to sign an 18 -month lease, but a 12 -month lease, probably not. He would like to stay there as long as possible. Two years would be a better lease. He is sub - letting to Jim Peterson and would continue to do so. Lori Evans /Margaret Martin — Minnesota Rapping, Suite 101 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease. Want to stay until the very end. Sandy Sculthorp- Plymouth Agency, Suite 220 • Plans on staying the full 12 -18 months. • Would be willing to sign a lease Susan Aseby- Bass Lake Insurance Agency, Suite 220 • Plans to vacate and move into new location by 1/1/03. • Vacated Joe Sprout /Russ Hoyt- Frontier Interiors, Suite 201 • Plans to vacate and relocate business and set up a home office. • Vacated January 28, 2003 «FirstName» «LastName» «Company» «AddressU «City», «State» « PostalCode» Subject: 7801 Bass Lake Road — 1/27/03 EDA Action (Tenant Leases) Dear «FirstName» «LastName»: As you know, on December 9, 2002, the City Council directed staff to explore the possibility of offering long -term leases to all tenants in the Nelson Building, 7801 Bass Lake Road. On January 27, 2003, the New Hope EDA considered offering two -year leases to tenants located in the subject property. The EDA did not approve long -term leases. The EDA voted to continue the current verbal month -to -month rental agreements. At this point, the current month -to -month rental agreements will remain in place. The City still intends to operate the building for one to two years, provided enough tenants remain in building to generate a positive cash flow. If you have any questions or comments, do not hesitate to contact me at 763- 531 -5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Steve Ludovissie, Quest Real Estate Steve Carlson, Evergreen Land Services Roger Axel, Building Official Chuck Tatro, General Inspector 4401 Xylon Avenue North e New Hope, Minnesota 55428 -4898 . www. ci.new - hope.mn.us City Hall: 763 -531 -5100 o Police (non - emergency): 763- 531 -5170 • Public Works: 763 - 592 -6777 e TDD: 763 - 531 -5109 City Hall Fax: 763 - 531 -5136 . Police Fax: 763- 531 -5174 . Public Works Fax: 763- 592 -6776 January 28, 2003 3 or 101il Evergreen Land Services Co. Attn.: Steve Carlson, Relocation Manager 4131 Old Sibley Memorial Hwy Egan, MN 55122 Subject: 7801 Bass Lake Road — 1/27/03 EDA Action (Tenant Leases) Dear Mr. Carlson: On January 27, 2003, the New Hope EDA considered offering owned multi-tenant office building located at 7801 Bass Lake approve long-term leases. The EDA voted to continue the agreements. City staff will notify all tenants of this action. Thank you for your assistance with this project. long-term leases to tenants in the City- Road, New Hope. The EDA did not current verbal month-to-month rental If you have any questions or comments, do not hesitate to contact me at 763-531-5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Steve Ludovissie, Quest Real Estate Roger Axel, Building Official Chuck Tatro, General Inspector Valerie Leone, City Clerk (Improvement Project No. 736) 4401 Xylon Avenue North + New Hope, Minnesota 55428-4898 + www. ci.new-hope.mn.us City Hall: 763-531-5100 * Police (non-emergency): 763-531-5170 • Public Works: 763-592-6777 • TDD: 763-531-5109 City Hall Fax: 763-531-5136 ® Police Fax: 763-531-5174 * Public Works Fax: 763-592-6776 January 28, 2003 Quest Real Estate, Inc. Attn.: Steve Ludovissie, Director of Property Management 10700 Old County Road 15, #150 Plymouth, MN 55441 Subject: 7801 Bass Lake Road — 1/27/03 EDA Action (Tenant Leases) Dear Mr. Ludovissie: On January 27, 2003, the New Hope EDA considered offering owned multi- tenant office building located at 7801 Bass Lak e approve long -term leases. The EDA voted to continue the agreements. City staff will notify all tenants of this action. Thank you for your assistance with this project. long -term leases to tenants in the City - Road, New Hope. The EDA did not current verbal month -to -month rental If you have any questions or comments, do not hesitate to contact me at 763 -531 -5137. Sincerely, Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Steve Carlson, Evergreen Land Services Roger Axel, Building Official Chuck Tatro, General Inspector CITY OF NEW HOPE 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new - hope.mn.us City Hall: 763 -531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763- 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 + Police Fax: 763- 531 -5174 + Public Works Fax: 763- 592 -6776 HOLD HARMLESS AND LICENSE AGREEMENT FOR NELSON BUILDING /7801 BASS LAKE ROAD THIS LICENSE AGREEMENT, is made and entered into this 31" day of January, 2003, by and between the City of New Hope, hereinafter referred to as "City ", and NEAR, hereinafter referred to as "NEAR ". RECITALS WHEREAS, the City is the fee owner of an office building known as the Nelson Building located at 7801 Bass Lake Road in the City of New Hope, and WHEREAS, NEAR has requested permission to use without charge or payment of rent a vacant office located in the Nelson Building for storage purposes, and WHEREAS, The City is willing to provide NEAR with this gratuitous accommodation pursuant to the terms and conditions of the herein HOLD HARMLESS AND LICENSE AGREEMENT, and WHEREAS, NEAR acknowledges and agrees this Agreement does not create for the benefit of NEAR any leasehold interest in the Nelson Building, and WHEREAS, NEAR specifically acknowledges and agrees upon its vacation of the Licensed Premises it shall not be entitled to any claim for moving or relocation expenses under the Federal Uniform Relocation or Assistance Act, Minn. Stat. Chap. 117 or any other law, statute, regulation or ordinance. NOW THEREFORE, in consideration of the mutual covenants hereafter set forth, the parties do hereby agree as follows: 1. DESCRIPTION OF THE PREMISES. City does hereby license and permit NEAR to use and NEAR does hereby take from City the following office located within the Nelson Office Building at 7801 Bass Lake Road, New Hope, Minnesota: Office No. #111; (the "Leased Premises "). 2. TERM. This License shall be for a month to month term, commencing on the 31 day of January, 2003. This License shall automatically terminate without any further notice or demand to NEAR on the 31 day of December, 2004. City may also terminate this License for any reason at the option of the City prior to December 31, 2004 as follows: by City providing NEAR a 30 day written notice 1 indicating City's intent to terminate the License. The License will terminate 30 days following the last day of the month in which the notice was given. 3. USE OF PREMISES. It is agreed that the Licensed Premises shall be used by NEAR for: storage purposes only and for no other purpose, subject to all local, state and federal laws and regulations regarding use of the premises. 4. LICENSE FEE. NEAR's use of the property shall be gratuitous, however NEAR shall pay for all utility services provided to the office, including but not limited to heat, electricity, telephone, water, cable t.v and internet access and garbage hauling used by NEAR during the term of this LICENSE AGREEMENT. 5. INSURANCE. NEAR shall maintain in full force and effect during the lease term, a policy of public liability insurance under which City and NEAR are named insureds; that the minimum limits of liability of such insurance shall be $1,000,000.00 combined single limit for bodily injury and property damage. NEAR agrees to deliver an ACCORD 25 certificate of insurance evidencing such coverage, to City. Such policy shall contain a provision requiring thirty (30) days' written notice to City before cancellation of the policy can be effected. 6. INDEMNIFICATION /HOLD HARMLESS. NEAR shall defend, indemnify and hold harmless the City, its officials, officers, agents and employees from any liability, claims, causes of action, judgments, damages, losses, costs or expenses, including reasonable attorneys' fees, resulting directly or indirectly from any act or omission of NEAR and/or anyone indirectly or directly employed by NEAR and /or anyone for whose acts and/or omissions for which NEAR may be liable in the performance of this LICENSE AGREEMENT. This indemnification and hold harmless shall include acts and/or omissions of any official, agent or employee of the City under the direct or indirect control of NEAR. NEAR further waives against City any claim based upon liability which may arise against the City so far as said claim is related to loss or damage to the premises or contents which is covered by insurance. 7. MAINTENANCE. NEAR agrees to keep the Licensed Premises in a clean, orderly and sanitary condition and will neither do nor permit to be done therein anything which is in violation of insurance policies, that is contrary to law or that interferes with the use and enjoyment of the other tenants of the Nelson Building. 8. ASSIGNMENT. 2 NEAR shall not assign, mortgage or encumber this License, and shall not permit any part of the licensed premises to be used by any other individual or entity. In the event NEAR shall vacate or abandon the Licensed Premises or shall default in any of its covenants herein, and such default shall not be cured within ten (10) days after written notice from City, City is hereby authorized, at its option, to exercise one or more the following rights and remedies: (i) to re -enter the Licensed Premises to eject NEAR and take full possession of the Licensed Premises; (ii) to terminate this License at its option; (iii) to remove from the Licensed Premises all personal property of NEAR and to store the same to the account and at the expense of NEAR and to sell such property or any part thereof, and out of the proceeds to pay all expenses of so removing, storing and selling the same. In the event the City determines in its sole discretion the personal property is without value the City may destroy said property. In the event City shall determine that an action or proceeding at law or otherwise is necessary to enforce the terms and conditions of this LICENSE AGREEMENT, NEAR agrees to pay to City the necessary costs and reasonable attorney's fees and disbursements to enforce this agreement. 10. ALTERATIONS. NEAR shall not make any alterations to the Licensed Premises. 11. ENTRY. City, its agents and its employees shall have the right to enter the premises at all reasonable times to inspect them, to make repairs and to maintain the building of which the Licensed Premises are a part. City shall also have the right of entry as provided in Paragraph 8. 12. NOTICES. All legal notices, consents, demands and requests which may be or are required to be given by either party of the other, shall be in writing and delivered in person or sent by mail, addressed to NEAR at the street address set forth in Paragraph 1 and to the LANDLORD in care of. Quest Real Estate, Inc. 10700 Old County Road 15, Suite 150 Plymouth, MN 55441 or to such other address as City may direct in writing in the future. The date which said mail is mailed by City shall be conclusively deemed to be the date on which a notice, consent, demand or request is given or made. The above address of a party may be changed at any time or from time to time by notice given by said party to the other party in the manner herein above provided. 13. CLAIMS. NEAR will make no claim against City for any loss of or damage to property caused by theft, burglary, water, gas, electricity or other means regardless of its cause. 14. IMPAIRMENT OF USE. If the premises shall become untenantable or unfit for occupancy, in whole or in part, by the total or partial destruction of the building by fire or other casualty, this Agreement shall cease and terminate and NEAR shall have no claim against City of any nature. 15. OTHER PROVISIONS. The invalidity or unenforceability of any provision of this LICENSE AGREEMENT shall not affect or impair the validity of any other provision. This LICENSE AGREEMENT shall be governed by, construed and enforced in accordance with the laws of the State of Minnesota. IN WITNESS WHEREOF, the parties hereto have caused this Lease to be executed the day and year first -above written. CITY OF NEW 140. By: C. , . z '6' �F Daniel J. Donahue Its: Executive Director P:\ Attorney \SAS\Documents \CNH99.11275 - 002 -NEAR license agreement.doc NEAR Y: r lu Its: G 4 od M North- suburban Emergency Assistance Response (NEAR) Attn: Jan Monroe 732358 th Avenue North, Room 118 Crystal, MN 55428 Subject: Hold Harmless and License Agreement Dear Ms. Monroe: Enclosed please find an original, "Hold Harmless and License Agreement for the Nelson Building /7801 Bass Lake Road" for your files. The Agreement has been signed by the City Manager. The City is in receipt of NEAR's insurance certificate. The certificate has been forwarded to the City Attorney for review. Staff will contact you if additional information is required. If you have any questions or comments, do not hesitate to contact me at 763 -531 -5137. Sincerely, R AJ Ken P. Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Valerie Leone, City Clerk (Improvement Project No. 736) 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new- hope.mn.us City Hall: 763 - 531 -5100 + Police (non - emergency): 763- 531 -5170 + Public Works: 763 - 592 -6777 + TDD: 763 - 531 -5109 City Hall Fax: 763- 531 -5136 + Police Fax: 763 - 531 -5174 + Public Works Fax: 763- 592 -6776 c Attorneys At .Law 8525 EDINBROOK CROSSING, STE. 201 BROOKLYN PARK, MINNESOTA 55443 -1968 TELEPHONE (763) 424 -8811 • TELEFAY (763) 493 -5193 e -mail lawejensen- sondrall.com DOUGLAS J. DEBNER' GORDON L. JENSEN' GLEN A. NORTON STEVEN A.SONDRALL WILLIAM C. STRAIT' STACY A. WOODS OF COUNSEL LORENS Q. BRYNESTAD 'Real Property Law Specialist Certified By The Minnesota State Bar Association 'Qualified ADR Neutral 'Admitted in Iowa March 4, 2003 City of New Hope Attn Valerie Leone 4401 Xylon Avenue North New Hope, MN 55428 -4898 Re: 7801 Bass Lake Road Dear Ms. Leone: I am enclosing the original Owner's Title Policy in connection with the property recently purchased by the City from Mr. and Mrs. Showalter. If you have any questions with regard to this Policy, please contact us. Thank you. Sincerely, Janet L. Burke Paralegal JENSEN & SONDRALL, P.A. jlb@jensen-sondrall.com After Hours Extension #126 Enclosure P: \Attorney \JLB \Letters\CNH 99 11275 -002- Client Ltr.doc Owner's Policy * F American Land Title Association Owner's Policy 10 -17 -92 Policy Number A22025 -SV- 00022020 SUBJECT TO THE EXCLUSIONS FROM COVERAGE, THE EXCEPTIONS FROM COVERAGE CONTAINED IN SCHEDULE B AND THE CONDITIONS AND STIPULATIONS, OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, insures, as of Date of Policy shown in Schedule A, against loss or damage, not exceeding the Amount of Insurance stated in Schedule A, sustained or incurred by the insured by reason of 1. Title to the estate or interest described in Schedule A being vested other than as stated therein; 2. Any defect in or lien or encumbrance on the title; 3. Unmarketability of the title; 4. Lack of a right of access to and from the land. The Company will also pay the costs, attorneys' fees and expenses incurred in defense of the title, as insured, but only to the extent provided in the Conditions and Stipulations. IN WITNESS WHEREOF, the said OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY has caused its corporate name and seal to be hereunto affixed by its duly authorized officers as of the date shown in Schedule A, the policy to be valid when countersigned by an authorized officer or agent of the Company. EXCLUSIONS FROM COVERAGE The following matters are expressly excluded from the coverage of this policy and the Company will not pay loss or damage, costs, attorneys' fees or expenses that arise by reason of 1. (a) Any law, ordinance or governmental regulation (including but not limited to building and zoning laws, ordinances, or regulations) restricting, regulating, prohibiting or relating to (i) the occupancy, use, or enjoyment of the land; (ii) the character, dimensions or location of any improvement now or hereafter erected on the land; (iii) a separation in ownership or a change in the dimensions or area of the land or any parcel of which the land is or was a part; or (iv) environmental protection, or the effect of any violation of these laws, ordinances or governmental regulations, except to the extent that a notice of the enforcement thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. (b) Any governmental police power not excluded by a above, except to the extent that a notice of the exercise thereof or a notice of a defect, lien or encumbrance resulting from a violation or alleged violation affecting the land has been recorded in the public records at Date of Policy. 2. Rights of eminent domain unless notice of the exercise thereof has been recorded in the public records at Date of Policy, but not excluding from coverage any taking which has occu.ied prior to Date of Policy v.'rich would be binding on the rights of a purchaser for value without knowledge. 3. Defects, liens, encumbrances, adverse claims, or other matters: (a) created, suffered, assumed or agreed to by the insured claimant; (b) not known to the Company, not recorded in the public records at Date of Policy, but known to the insured claimant and not disclosed in writing to the Company by the insured claimant prior to the date the insured claimant became an insured under this policy; (c) resulting in no loss or damage to the insured claimant; (d) attaching or created subsequent to Date of Policy; or (e) resulting in loss or damage which would not have been sustained if the insured claimant had paid value for the estate or interest insured by this policy. 4. Any claim, which arises out of the transaction vesting in the Insured the estate or interest insured by this policy, by reason of the operation of federal bankruptcy, state insolvency, or similar creditors' rights laws, that is based on: ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 (i) the transaction creating the estate or interest insured by this policy being deemed a fraudulent conveyance or fraudulent transfer; or (ii) the transaction creating the estate or interest insured by this policy being deemed a preferential transfer except where the preferential transfer results from the failure: (a) to timely record the instrument of transfer; or (b) of such recordation to impart notice to a purchaser for value or a judgment or lien creditor. CONDITIONS AND STIPULATIONS 1. Definition of Terms.. The following terms when used in this policy mean: (a) "insured ": the insured named in Schedule A, and, subject to any rights or defenses the Company would have had against the named insured, those who succeed to the interest of the named insured by operation of law as distinguished from purchase including, but not limited to, heirs, distributees, devisees, survivors, personal representatives, next of kin, or corporate or fiduciary successors. (b) "insured claimant ": an insured claiming loss or damage. (c) "knowledge ": or "known ": actual knowledge, not constructive knowledge or notice which may be imputed to an insured by reason of the public records as defined in this policy or any other records which impart constructive notice of matters affecting the land. (d) "land ": the land described or referred to in Schedule A, and improvements affixed thereto which by law constitute real property. The term "land" does not include any property beyond the lines of the area described or referred to in Schedule A, nor any right, title, interest, estate or easement in abutting streets, roads, avenues, alleys, lanes, w ays or w aterways, but n othing herein s hall in odify or 1 imit the extent to which a right of access to and from the land is insured by this policy. (e) "mortgage ": mortgage, deed of trust, deed, or other security instrument. (f) "public records ": records established under state statutes at Date of Policy for the purpose of imparting constructive notice of matters relating to real property to purchasers for value and without knowledge. With respect to Section l (a)(iv) of the Exclusions from Coverage, "public records" shall also include environmental protection liens filed in She records of the clerk of the United States district court for the district in which the land is located. (g) "unmarketability of the title ": an alleged or apparent matter affecting the title to the land, not excluded or excepted from coverage, which would entitle a purchaser of the estate or interest described in Schedule A to be released from the obligation to purchase by virtue of a contractual condition requiring the delivery of marketable title. 2. Continuation of Insurance After Conveyance of Title. The coverage of this policy shall continue in force as of Date of Policy in favor of an insured only so long as the insured retains an estate or interest in the lard, or holds an indebtedness secured by a purchase money mortgage given by a purchaser from the insured, or only so long as the insured shall have liability by reason of covenants of warranty made by the insured in any transfer or conveyance of the estate or interest. This policy shall not continue in force in favor of any purchaser from the insured of either (i) an estate or interest in the land, or (ii) an indebtedness secured by a purchase money mortgage given to the insured. 3. Notice of Claim to be Given by Insured Claimant. The insured shall notify the Company promptly in writing (i) in case of any litigation as set forth in Section 4(a) below, (ii) in case knowledge shall come to an insured hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as insured, and which might cause loss or damage for which the Company may be liable by virtue of this policy, or (iii) if title to the estate or interest, as insured, is rejected as unmarketable. If prompt notice shall not be given to the Company, then as to the insured all liability of the Company shall terminate wish regard to the matter or matters for which prompt notice is required; provided, however, that failure to notify the Company shall in no case prejudice the rights of any insured under this policy unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice. ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 4. Defense and Prosecution of Actions; Duty of Insured Claimant to Cooperate. (a) Upon written request by the insured and subject to the options contained in Section 6 of these Conditions and Stipulations, the Company, at its own cost and without unreasonable delay, shall provide for the defense of an insured in litigation in which any third party asserts a claim adverse to the title or interest as insured, but only as to those stated causes of action alleging a defect, lien or encumbrance or other matter insured against by this policy. The Company shall have the right to select counsel of its choice (subject to the right of the insured to object for reasonable cause) to represent the insured as to those stated causes of action and shall not be liable for and will not pay the fees of any other counsel. The Company will not pay any fees, costs or expenses incurred by the insured in the defense of those causes of action which allege matters not insured against by this policy. (b) The Company shall have the right, at its own cost, to institute and prosecute any action or proceeding or to do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest, as insured, or to prevent or reduce loss or damage to the insured. The Company may take any appropriate action under the terms of this policy, whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this policy. If the Company shall exercise its rights under this paragraph, it shall do so diligently. (c) the Company shall have brought an action or interposed a defense as required or permitted by the provisions of this policy, the Company may pursue any litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from any adverse judgment or order. (d) In all cases where this policy permits or requires the Company to prosecute or provide for the defense of any a ction o r p roceeding, t he i nsured sh all s ecure t o t he Company the r ight t o so p rosecute o r p rovide defense in the action or proceeding, and all appeals. therein, and permit the Company to use, at its option, the name of the insured for this purpose. Whenever requested by the Company, the insured, at the Company's expense, shall give the Company all reasonable aid (i) in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or proceeding, or effecting settlement, and (ii) in any other lawful act which in the opinion of the Company may be necessary or desirable to establish the title to the estate or interest as insured. If the Company is prejudiced by the failure of the insured to furnish the required cooperation, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such cooperation. S. Proof of Loss or Damage. In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided the Company, a proof of loss or damage signed and sworn to by the insured claimant shall be furnished to the Company within 90 days after the insured claimant shall ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the defect in, or lien or encumbrance on the title, or other matter insured against by this policy which constitutes the basis of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of the insured claimant to provide the required proof of loss or damage, the Company's obligations to the insured under the policy shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, with regard to the matter or matters requiring such proof of loss or damage. In addition, the insured claimant may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination, inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers, checks, correspondence and memoranda, whether bearing a date before or after Date of Policy, which reasonably pertain to the loss or damage. Further, if requested by any authorized representative of the Company, the insured claimant shall grant its permission, in writing, for any authorized representative of the Company to examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain to the loss or damage. All information designated as confidential by the insured claimant provided to the Company pursuant to this Section shall not be disclosed to others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the insured claimant to submit for examination under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third panics as required in this paragraph shall terminate any liability of the Company under this policy as to that claim. ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 6 Options to Pay or Otherwise Settle Claims; Termination of Liability. In case of a claim under this policy, the Company shall have the following additional options: (a) To Pay or Tender Payment of the Amount of Insurance. To pay or tender payment of the amount of insurance under this policy, together with any costs. attorneys' fees and expenses incurred by the insured claimant, which were authorized by the Company, up to the time of payment or tender of payment and which the Company is obligated to pay. Upon the exercise by the C ompany of this option, all liability and obligations to the insured under this policy, other than to make the payment required, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation, and the policy shall be surrendered to the Company for cancellation. (b) To Pay or Otherwise Settle With Parties Other Than the Insured or With the Insured Claimant. (i) to pay or otherwise settle with other parties for or in the name of an insured claimant any claim insured against under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay; or (ii) to pay or otherwise settle with the insured claimant the loss or damage provided for under this policy, together with any costs, attorneys' fees and expenses incurred by the insured claimant which were authorized by the Company up to the time of payment and which the Company is obligated to pay. Upon the exercise by the Company of either of the options provided for in paragraphs (b)(i) or (ii), Company's obligations to the insured under this policy for the claimed loss or damage, other than the payments required to be made, shall terminate, including any liability or obligation to defend, prosecute, or continue any litigation. 7. Determination, Extent of Liability and Coinsurance. This policy is a contract of indemnity against actual monetary loss or damage sustained or incurred by the insured claimant who has suffered loss or damage by reason of matters insured against by this policy and only to the extent herein described. (a) The liability of the Company under this policy shall not exceed the least of: (i) the Amount of Insurance stated in Schedule A; or, (ii) the difference between the value of the insured estate or interest as insured and the value of the insured estate or interest subject to the defect, lien or encumbrance insured against by this policy. (b) In the event the Amount of Insurance stated in Schedule A at the Date of Policy is less than 80 percent of the value of the insured estate or interest or the full consideration paid for the land, whichever is less, or if subsequent to the Date of Policy an improvement is erected on the land which increases the value of the insured estate or interest by at least 20 percent over the Amount of Insurance stated in Schedule A, then this policy is subject to the following: (i) where no subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that the amount of insurance at Date of Policy bears to the total value of the insured estate or interest at Date of Policy; or (ii) where a subsequent improvement has been made, as to any partial loss, the Company shall only pay the loss pro rata in the proportion that 120 percent of the Amount of Insurance stated in Schedule A bears to the sum of the Amount of Insurance stated in Schedule A and the amount expended for the improvement. The provisions of this paragraph shall not apply to costs. attorneys' fees and expenses for which the Company is liable under this policy, and shall only apply to that portion of any loss which exceeds, in the aggregate, 10 percent of the Amount of Insurance stated in Schedule A. (c) The Company will pay only those costs, attorneys' fees and expenses incurred in accordance with Section 4 of these Conditions and Stipulations. 8. Apportionment. If the land described in Schedule A consists of two or more parcels which are not used as a single site, and a loss is established affecting one or more of the parcels but not all, the loss shall be computed and settled on a pro rata basis as if the amount of insurance under this policy was divided pro rata as to the value on Date of ORDOCS ORT Form 402 — ALTA Owner's Policy 10 -17 -92 MT01155 Policy of each separate parcel to the whole, exclusive of any improvements made subsequent to Date of Policy, unless a liability or value has otherwise been agreed upon as to each parcel by the Company and the insured at the time of the issuance of this policy and shown by an express statement or by an endorsement attached to this policy. 9. Limitation of Liability. (a) If the Company establishes the title, or removes the alleged defect, lien or encumbrance, or cures the lack of a right of access to or from the land, or cures the claim of unmarketability of title, all as insured, in a reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations with respect to that matter and shall not be liable for any loss or damage caused thereby. (b) In the event of any litigation, including litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a final determination by a court of competent jurisdiction, and disposition of all appeals therefrom, adverse to the title as insured. (c) The Company shall not be liable for loss or damage to any insured for liability voluntarily assumed by the insured in settling any claim or suit without the prior written consent of the Company. 10. Reduction oflnsurance; Reduction or Termination of Liability. All payments under this policy, except payments made for costs, attorneys' fees and expenses, shall reduce the amount of the insurance pro tanto. 11. Liability Noncumulative. It is expressly understood that the amount of insurance under this policy shall be reduced by any amount the Company may pay under any policy insuring a mortgage to which exception is taken in Schedule B or to which the insured has agreed, assumed, or taken subject, or which is hereafter executed by an insured and which is a charge or lien on the estate or interest described or referred to in Schedule A, and the amount so paid shall be deemed a payment under this policy to the insured owner. 12. Payment of Loss. (a) No payment shall be made without producing this policy for endorsement of the payment unless the policy has been lost or destroyed, in which case proof of loss or destruction shall be furnished to the satisfaction of the Company. (b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be payable within 30 days thereafter. 13. Subrogation Upon Payment or Settlement. (a) The Company's Right of Subrogation. Whenever the Company shall have settled and paid a claim under this policy, all right of subrogation shall vest in the Company unaffected by any act of the insured claimant. The Company shall be subrogated to and be entitled to all rights and remedies which the insured claimant would have had against any person or property in respect to the claim had this policy not been issued. If requested by the Company, the insured claimant shall transfer to the Company all rights and remedies against any person or property necessary in order to perfect this right of subrogation. The insured claimant shall permit the Company to sue, compromise or settle in the name of the insured claimant and to use the name of the insured claimant in any transaction or litigation involving these rights or remedies. If a payment on account of a claim does not fully cover the loss of the insured claimant, the Company shall be subrogated to these rights and remedies in the proportion which the Company's payment bears to the whole amount of the loss. If loss should result from any act of the insured claimant, as stated above, that act shall not void this policy, but the Company, in that event, shall be required to pay only that part of any losses insured against by this policy which shall exceed the amount, if any, lost to the Company by reason of the impairment by the insured claimant of the Company's right of subrogation. (b) The Company's Rights Against Non - insured Obli ag ors. The Company's right of subrogation against non- insured obligors shall exist and shall include, without limitation, the rights of the insured to indemnities, guaranties, other policies of insurance or bonds, ORDOCS ORT Form 402— ALTA Owner's Policy 10 -17 -92 MT01155 notwithstanding any terms or conditions contained in those instruments which provide for subrogation rights by reason of this policy. 14. Arbitration. Unless prohibited by applicable law, either the Company or the insured may demand arbitration pursuant to the Title Insurance Arbitration Rules of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the insured arising out of or relating to this policy, any service of the Company in connection with its issuance or the breach of a policy provision or other obligation. All arbitrable matters when the Amount of Insurance is $1,000,000 or less shall be arbitrated at the option of either the Company or the insured. All arbitrable matters when the Amount of Insurance is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the insured. Arbitration pursuant to this policy and under the Rules in effect on the date the demand for arbitration is made or, at the option of the insured, the Rules in effect at Date of Policy shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is located permit a court to award attorneys' fees to a prevailing party. Judgment upon the award rendered by the Arbitrator(s) may be entered in any court having jurisdiction thereof. The law of the situs of the land shall apply to an arbitration under the Title Insurance Arbitration Rules. A copy of the Rules may be obtained from the Company upon request. 15. Liability Limited to this Policy; Policy Entire Contract. (a) This policy together with all endorsements, if any, attached hereto by the Company is the entire policy and contract between the insured and the Company. In interpreting any provision of this policy, this policy shall be construed as a whole. (b) Any claim of loss or damage, whether or not based on negligence, and which arises out of the status of the title to the estate or interest covered hereby or by any action asserting such claim, shall be restricted to this policy. (c) No amendment of or endorsement to this policy can be made except by a writing endorsed hereon or attached hereto signed by either the President, a Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company. 16 Severability. In the event any provision of the policy is held invalid or unenforceable under applicable law, the policy shall be deemed not to include that provision and all other provisions shall remain in full force and effect. 17. Notices, Where Sent. All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the number of this policy and shall be addressed to its Home Office: 400 Second Avenue South, Minneapolis, Minnesota 55401, (612) 371 -1111. Issued through the office of Old lZepublic National Title Insurance Company 400 Second Avenue South Minneapolis, MN 55401 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY A Stock Company 400 Second Avenue South, Minneapolis, Minnesota 55401 (612)371 -1111 Authorized Signatory BY President s. m m: Attest ^�' tN; D ` Secretary ORDOCS ORT Form 402— ALTA Owner's Policy 10 -17 -92 MT01155 FILE NO: HEN OR999841 -C ST. 22 CNTY. 053 PROP. 3 IRAN. 010 Re -Issue Liability: $.00 ORT FORM 402 - ALTA Owner's Policy 10 -17 -92 POLICY NUMBER: A22025 -SV- 00022020 FILE NO.: OR999841 -C POLICY AMOUNT: $370,000.00 PREMIUM: $1,095.00 SCHEDULE A 1. POLICY DATE December 23, 2002 AT 5:00 PM 2. THE INSURED HEREUNDER, IN WHOM TITLE TO THE FEE SIMPLE ESTATE IS VESTED, AT DATE HEREOF, IS: City of New Hope 3. THE LAND REFERRED TO IN THIS POLICY IS DESCRIBED AS FOLLOWS: That part of Lot 38, Auditor's Subdivision Number 226, Hennepin County, Minnesota, described as follows: Commencing at the Northeast corner of said Lot 38; thence South along the East line of said Lot a distance of 210.8 feet; thence West parallel with the North line of said Lot 38 a distance of 70 feet; thence North parallel to the East line of said lot to the North line thereof, thence East to the point of beginning. EXCEPT that part of Lot 38, Auditor's Subdivision Number 226, Hennepin County Minnesota described as follows: beginning at a point on the Nest line of said Lot 38, distant 1100 feet North from the Southwest corner thereof; thence East parallel with the South line of said Lot 38 to the East line of said lot; thence South along the East line thereof a distance of 100 feet; thence West parallel with the South line of said lot to the West line thereof; thence North along the West line thereof to the point of beginning, Hennepin County, Minnesota, according to the recorded plat thereof, and situate in Hennepin County, Minnesota. Abstract Property ORDOCS ORT STANDARD OWNERS FINAL POLICY NIT01138 OSOFP PAGE 1 � '� '� � * (� *OLD REPUBLIC F National Title Insurance Company FILE NO: HEN OR999841 -C SCHEDULE B THIS POLICY DOES NOT INSURE AGAINST LOSS OR DAMAGE BY REASON OF THE FOLLOWING: 1. FACTS WHICH WOULD BE DISCLOSED BY A COMPREHENSIVE SURVEY OF THE PREMISES HEREIN DESCRIBED. 2. MECHANICS', CONTRACTORS' OR MATERIALMEN'S LIENS AND LIEN CIAIMS, IF ANY, WHERE NO NOTICE THEREOF APPEARS ON RECORD. 3. RIGHTS AND CLAIMS OF PARTIES IN POSSESSION. 4. Taxes not yet due and payable and special assessments, if any. 5. Taxes for the year 2002 and prior years are paid. ORDOCS ORT STANDARD OWNERS FINAL POLICY MT01138 OSOFP PAGE 2 *�` * ' (* OLD REPUBLIC * 'F National Title Insurance Company .�c 'F COUNCIL O A% REQUEST FOR ACTION 2�� H oR Originating Department Approved for Agenda Agenda Section Community Development 12 -9 -02 Development & Plannin Item No. By: Kirk McDonald, Director of CD & Ke n Doresk , CD Specialist By: 8 I RESOLUTION APPROVING THE LOW QOTE FROM QUEST REAL ESTATE, INC. FOR PROPERTY MANAGEMENT OF THE MULTI - TENANT OFFICE BUILDING LOCATED AT 7801 BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 719) ACTION REQUESTED Staff is requesting Council consideration of a resolution approving the low -quote from Quest Real Estate in the lump sum amount of $300 per month to manage the multi- tenant office building at 7801 Bass Lake Road. Staff anticipates a closing of the property to occur on December 16, with the City taking ownership at that time. On November 12, the Council discussed property management and rental options for the building and requested that staff solicit quotes from professional management firms and determine the status of leases and interest in remaining in the building for a period of twelve (12) to eighteen (18) months. On October 28, the Council approved a resolution authorizing acquisition of the property by direct purchase or eminent domain and directed staff to return to the Council with property management and rental options for discussion prior to property closing. POLICY /PAST PRACTICE City goal #2 is to pursue the maintenance and redevelopment of commercial and residential properties within the City. The City Council has been addressing this goal through the City's many redevelopment activities, including acquiring properties from willing sellers in designated redevelopment areas. Over the past few years, the City has purchased a total of fourteen properties located in Planning District 6 (east Winnetka area) as referenced in the City's Comprehensive Plan. The City has, at times, assumed operating responsibilities for various properties in between relocating tenants and site clearing activities. Most recently, staff assumed operating responsibilities during this interim period for the residential four -plex apartment buildings previously located at 7601 -41 62 Avenue North. The City purchased these buildings in 1998 for redevelopment purposes, relocated the tenants, cleared the sites and landbanked the properties. BACKGROUND On November 12, the Council discussed property management and rental options for the building and directed staff to solicit quotes from professional management firms. Since that time, staff developed a Request for Quote and solicited quotes from five property management firms, the City Attorney developed a contract for MOTION BY '' ' r SECOND BY L.E:, � J TO: Request for Action Page 2 12 -9 -02 services and Evergreen Land Services, the City's relocation consultant met with a number of the tenants to discuss relocation eligibility and to inquire if tenants wish to stay in the building for 12 -18 months. Management Contract The City Attorney developed a contract for services that includes but is not limited to the following (please see attached contract): • Leasing: Manager will not provide leasing services, but will enforce all existing tenant leases and month -to -month rental agreements. • Legal Requirements: Compliance with any legal requirements. • Operation: Manager shall be responsible to maintain the property in good condition and repair to standards established by owner, at owner's expense. • Maintenance & Repair: Manager shall see that the physical facilities, personal property and grounds are at all times well maintained and kept in good order and repair and in a proper state of cleanliness, at owner's expense. Manager shall have authority to hire, supervise and terminate on behalf of owner, independent contractors required in the operation of the property. However, all contracts shall require approval of the owner. • Emergency Maintenance & Repair: Manager shall report to owner full details of any emergency orally and by letter remitted by the end of the following business day. The contracting limitation shall be waived for emergency repairs if owner is not reasonably available to grant approval. Manager shall obtain and maintain records and enforce any guarantees or warranties that may concern owner's real or personal property included within the property where such records, guarantees, and warranties are reasonably available to manager. Owner's approval must be obtained before pursing any legal remedies to enforce said guarantees or warranties. • Employees of Manager: Owner reserves the right to approve any employees of manager who will be assigned maintenance duties on the property. • Budgets: The fiscal year for the property shall be from January 1 through December 31 of each year. Manager shall update and revise in a format to be approved by owner the anticipated budget for the property no later than thirty (30) days from the date this agreement is executed and every year thereafter, no later than December 1 of each year. Said budgets shall include the estimated operating monthly income and expenses of the property for the next fiscal year. After approval by owner in writing, budgets shall be used by manager as a guide for the actual operation of the property. Manager agrees to obtain the prior written approval for any expenditure or expenditures which would cause any major budget revisions, except for emergencies. All expenses within approved budget are to be borne by owner and it shall be the responsibility of owner, provided there is no default by manager, to make available sufficient funds to manager to meet expenses anticipated in the approved budget. • Collections: Manager shall use due diligence to collect all sums payable by tenants. All sums so collected shall be delivered to owner no later than one day after the day of collection. • Books, Records and Reports: Manager will establish and maintain an accounting and management reporting system that will account for all transactions relating to the property. Manager shall provide the following financial and management reports to owner for the preceding accounting month: 1. Detailed report of all monies collected (identified by tenant or other source) which shall include: A. Rent bills to tenants; B. Rents collected; C. Rents delinquent; D. Rents prepaid beyond current month, and; E. Security deposits collected. 2. Detailed report of all expenses, capital and operating. • Termination of Contract: This agreement may be terminated and the obligation of the parities hereunder shall thereupon cease, upon the occurrence of any of the following circumstances: 1. In the event of a bona fide sale or substantial destruction of the property, either party may terminate this agreement upon thirty (30) days written notice to the other party. Request for Action Page 3 12 -9 -02 2. If a petition for bankruptcy, reorganization or rearrangement is filed under state or federal insolvency statutes by or against manager, or manager shall make an assignment for the benefit of creditors or take advantage of any insolvency act, owner may terminate this agreement upon ten (10) days written notice to manager. 3. If a petition for bankruptcy, reorganization or rearrangement is filed under state or federal insolvency statutes by or against manager, or manager shall make an assignment for the benefit of creditors or take advantage of any insolvency act, owner may terminate this agreement upon ten (10) days written notice to manager. 4. If manager shall knowingly and materially fail to comply with any ordinance or law of any federal, state or municipal authority, owner may terminate this agreement upon ten (10) days written notice to manager. 5. If either party shall default in the performance of any of its obligations hereunder and such default shall continue uncorrected for thirty (30) days after written notice from one party to the defaulting party designating such default, the party not in default may terminate this agreement upon ten (10) days written notice to the defaulting party. 6. In the event the property fails to produce a positive cash flow, owner, in its sole discretion, may terminate this agreement upon ten (10) days written notice to manager. 2. Management Quotes Firm Quote Quest Real Estate $300 Jerry Showalter former owner $400 Upper Midwest Management Corporation $500 Staff solicited quotes from five (5) commercial property management firms, three (3) firms submitted quotes. Staff recommends that the Council award a contract to the low -quote firm, Quest Real Estate, Inc. to manage the building, unless the Council desires to award the contract to the current owner /manager Jerry Showalter. As stated in his RFQ cover letter, Mr. Showalter has owned and managed the building for over twenty (20) years. Furthermore, he stated that there is a special relationship among tenants in the building and he would like to see that environment maintained. Quest Real Estate, Inc. would attempt to operate the building as it currently is maintained. Steven A. Ludovissie, Director of Property Management submitted the quote. According to the qualifications submitted, Mr. Ludovissie has personally been responsible for the leasing and property management activities of portfolios with commercial property totally over 900,000 square feet. Staff contacted four (4) of the five (5) references provided and all were complimentary. 3. Tenant Leases As requested by the Council, Evergreen Land Services, the City's relocation consultant has been meeting with tenants to determine their relocation eligibility and any desire to remain in the building. At the time of this report, Evergreen Land Services indicated that two (2) of the tenants were planning to vacate the building ASAP and the remaining tenants would like to stay in the building for twelve (12) to eighteen (18) months on a month -to -month basis. Three (3) of the ten (10) current tenants have leases that expire March 31, 2003. All other tenants are obligated to month -to -month rental agreements. Due to the inability to sublease (relocation obligation to new tenants) and the current month -to -month flexibility, staff is recommending that continued month -to -month rental agreements be offered to each tenant. According to the Property Management Agreement, the agreement can be terminated at which point that the property fails to produce a positive cash flow. The City would be required to provide the tenants with a ninety (90) day minimum notice to vacate the property. Evergreen Land Services will provide a detailed memorandum at the time of the meeting regarding tenants desiring to vacate the building and tenants wishing to remain. Please see the following cash flow summary: Request for Action Page 4 12 -9 -02 Unit Rent Per Month Rent Per Year Lease Term Future Plans as of 12/3/02 101 $560 $6720 Month -To -Month Remain 110 $435 $5220 Expires 3 -31 -03 Remain 111 Empty N/A N/A N/A 120 $360 $4,320 Expires 3 -31 -03 Remain 121 $445 $5,340 Month -To -Month Remain 200 $210 $2,520 Expires 3 -31 -03 Vacate 201 $445 $5,340 Month -To -Month Remain 210 $545 $6,540 Month -To -Month Two tenants — One to remain 1/2 Rent 211 $480 $5,760 Month -To- Month Remain 221 $250 $3,000 Month -To -Month Remain 231 Empty N/A N/A N/A Total $3,730 $44,760 Estimated Cash Flow Gross Rent $3,247.50 Operating Expenses (Avg.) $1,885.00 Management Fee $300.00 Cash Flow per month $1,062.50 Operating Expense Summa 2001) Item Per Month Per Year Garbage Removal $112 $1,344 Snow Plowing $42 $500 *Cleaning $200 $2,400 Bathroom Towels $24 $288 * *Misc. Expenses $144 $1,728 Gas $236 $2,832 Electricity $320 $3,840 Water $45 $540 Insurance $82 $984 Taxes $679 $8,148 Total $1,884 $22,608 • The tenants are responsible for cleaning their own offices. • All utilities are included in rent. • *Cleaning service provided by tenant #121. Tenant 121 cleaning and general maintenance of the building. • * *Miscellaneous expenses include minor repairs (plumbing, bulbs, etc.) is the resident manager and takes care off electrical, doors and locks, tree trimming, light On October 28, 2002, the Council approved a resolution to purchase the subject property for $370,000. The property is a multi- tenant office building, currently occupied by nine tenants. Two office spaces are vacant. At the October 28 meeting, the Council requested that staff research options to maintain the building's current use as offices and potentially lease the open units until redevelopment activities begin. The concept being that the City could generate income from the property and delay relocation of the existing businesses before the site is required for redevelopment. Relocation expenses would be required as a component of this acquisition project. Evergreen Land Services, the City's relocation consultant, has provided the City with a preliminary relocation estimate of $20,000 per tenant. It has been determined that ten (10) tenants are currently located in the building, therefore assuming Requeuat for Action Page 5 12 -9 -02 all the tenants accept the $20,000 in lieu of payment as opposed to actual expenses, relocation expenses are estimated to be $200,000. Relocation activities are currently underway. On July 22, 2002, the Council authorized staff to negotiate the potential purchase of this multi- tenant office building based on its appraised value of $330,000 as determined by the Shenehon Company. Based on a meeting with the property owner on April 15, 2002, the City Manager authorized staff to obtain an appraisal of 7801 Bass Lake Road for potential acquisition purposes. The property is located in the East Winnetka Livable Communities area and in Planning District 6. This property is included in the east Winnetka area redevelopment concept plans developed by the Livable Communities Task Force. In 1998, the Council passed a resolution approving the City of New Hope Comprehensive Plan Update. In 1999, the Metropolitan Council approved the Comprehensive Plan Update. In the Plan, the City was broken down into several planning districts. Planning District 6 is the district where the Winnetka, Bass Lake Road and Sumter properties that the City has been pursuing over the past few years are located. Planning District 6 is bordered by Winnetka Avenue North to the west, C.P. Rail system to the south and the City of Crystal to the east and north. The Comprehensive Plan targeted several areas in the City for redevelopment. Recommendations for Planning District 6 include the acquisition and redevelopment of sites located along the south side of Bass Lake Road, in the Bass Lake Road extension area and along the east side of Winnetka Avenue North between 5340 Winnetka Avenue and Bass Lake Road. On May 24, 2002, the Council hired the engineering firm Short Elliott Hendrickson, Inc. to determine whether qualification tests for tax increment eligibility (site coverage, building conditions) can be met in the east Winnetka area. This study is being undertaken to facilitate redevelopment efforts in the area. SEH has determined the subject building to be substandard in the DRAFT report. At a future meeting, staff will request that the Council consider a resolution determining the building to be substandard and included in a Tax Increment Financing District. The resolution would allow the City to clear the site and still include the property in a future Tax Increment Financing District. The property is located at 7801 Bass Lake Road and built in 1969. The property is zoned CB and is used as a multi- tenant office building. The property measures a total of 14,810 sq. ft. or .34 acres. Gross building area of the facility is an estimated 6,000 sq. ft., with a net rentable area of approximately 4,313 sq. ft. Recommendation Summary: 1. If it is determined that enough tenants plan to remain in the building and a positive cash flow is generated: A. Award management contract to Quest Real Estate, Inc. in the low quote amount of $300 per month, and; B. Due to the inability to sublease (relocation obligation to new tenants) and the current month -to- month flexibility, offer continued month -to -month rental agreements to each tenant. C. Operate the building on a month -to -month basis until a enough tenants vacate the building that a negative cash flow is generated and at that time begin the minimum ninety (90) day vacation process. 2. If it is determined that enough tenants are planning to vacate the property that it will generate a negative cash flow: A. Accept Jerry Showalter's management proposal of $400 per month and operate the building for the minimum ninety (90) days. Once the building is vacant, the City would request quotes for demolition and site restoration. Reques;t for Action Page 6 12 -9 -02 FUNDING The subject property is located in an area where TIF funds can be expended. TIF funds would be used for property acquisition and associated holding costs. ATTACHMENTS • Resolution • Location Map • Topographic Map • Quotes and Related Material • Request for Quote including Sample Contract • Cash Flow Charts CITY OF NEW HOPE RESOLUTION NO. 2002- 174 RESOLUTION APPROVING THE LOW-QUOTE FROM QUEST REAL ESTATE, INC. FOR PROPERTY MANAGEMENT OF THE MULTI-TENANT OFFICE BUILDING LOCATED AT 7801 BASS LAKE ROAD (IMPROVEMENT PROJECT NO. 719) BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That quotes for services to manage the multi-tenant office building at 7801 Bass Lake Road were obtained by City staff. 2. It is hereby found and determined by this Council that the quote from Quest Real Estate, Inc. for profession management services in the lump sum monthly amount of $300 is the lowest responsible quote submitted for the project. City staff has recommended the designated lowest responsible quote to this Council for the award. 3. The Mayor and City Manager are authorized and directed to enter into an agreement for the performance of said project in the name of the City with the lowest responsible quote. Adopted by the New Hope City Council this 9th day of December, 2002. Mayor Attest: City Clerk 7800 7600 7550 7810 7500— 56TH AVE N #0 111 5550 5559 5548 C> J gs CO 7615 5537 5538 Si 5544D 7301 5532 5530 5524 5519 5520 7621 M 7601 ­7 5510 0 5518 55M C-4, 5512 5- 7708 7608* 5506 55TH AVE N 5500 5443 5444 5437 5436 5437 5436 5446 5437 Z 5438 5433 i 5434 5433 = 5432 zl 5429 f i 5428 5429 Li 5430 r 5429 5430 5434 5427 5426 5427 < 78M 5425 5428 5422 5423 ST RAPE AEL DR. .5420 5417 Pr 5420 5425 5420 5419 5418 f 5361 5412 i 5410 541 W 5414 15413 5414 5416 5 A -1 5355 Lj ., 5406 Jz - 54M 54CM 5409 .5. 5349 5400 ;G 5400 W, 5400 SQ, 5400 .5343 5325 r_. 5348 5,329 5330 5337 5.340 5me 5337 531 1 5324 SSM 1 5342 5325 '1 ui 4 . 5331 Li 5313 5325 5338 5321 5324 5325 t co 5307 5312 5,319 ~ =r 5330 5317 5318 5319 5306 5324 5313 W12 5313 7825 5,313 78M 5318 53M 5306 .5218 f 5307 5307 cv 5212 co i 5312 5 -V 5 53 W 5301 7801 5301 5206 Cq 7901 t 553.9 7940 5436 5437 54,30 5431 5426 - f 5427 5420 5421 5416 5417 54 10 541 5406 5407 54,00 _;_� 7800 7600 7550 7810 7500— 56TH AVE N #0 111 5550 5559 5548 C> J gs CO 7615 5537 5538 Si 5544D 7301 5532 5530 5524 5519 5520 7621 M 7601 ­7 5510 0 5518 55M C-4, 5512 5- 7708 7608* 5506 55TH AVE N 5500 5443 5444 5437 5436 5437 5436 5446 5437 Z 5438 5433 i 5434 5433 = 5432 zl 5429 f i 5428 5429 Li 5430 r 5429 5430 5434 5427 5426 5427 < 78M 5425 5428 5422 5423 ST RAPE AEL DR. .5420 5417 Pr 5420 5425 5420 5419 5418 f 5361 5412 i 5410 541 W 5414 15413 5414 5416 5 A -1 5355 Lj ., 5406 Jz - 54M 54CM 5409 .5. 5349 5400 ;G 5400 W, 5400 SQ, 5400 .5343 5325 r_. 5348 5,329 5330 5337 5.340 5me 5337 531 1 5324 SSM 1 5342 5325 '1 ui 4 . 5331 Li 5313 5325 5338 5321 5324 5325 t co 5307 5312 5,319 ~ =r 5330 5317 5318 5319 5306 5324 5313 W12 5313 7825 5,313 78M 5318 53M 5306 .5218 f 5307 5307 cv 5212 co i 5312 5 -V 5 53 W 5301 7801 5301 5206 Cq C C � p O X X T P r C x C e A W C x ' C r O ,,y��, C x P _ r O x LLJ •. C C / 9100 ... a .._ G o e x x • l" / r O = t C � / Z x 6 O x 1 O I / I x a 900 - 9. ^.4.5 X 903.5 55TH x AVENUE „ x 4 1 o ! c a ! x x 900 x Y I O Z w C W C W n ) O p ,�•y,. z / x x x O C C x O ! C. W x O O p `, O O C _ �] Ic ST. RAPHAEL '• "'" • , LJ a o c . O . g 0 0 o I Z a 0 0 c a a o x O O h C �� O O O O O O q O C x O O O x .Y D O c k, H oC ca O O O y = O 27.3 0,0 D 92 S.8 ) 1 4 C IIL_JII a l . � 1 O CO + i c O O, CH ' • C 92.. ? I -�C7 x i. 920.5 9 ti CC O O a 3.: ' C 921 W .� 1i / W !f�.�C _ O O O e C 00 C C a 920.a 919.4 O C X I p � r 921.3 . C to O �= a a O 92100 OOI a i x REQUEST FOR QUOTE (RFQ) PROPERTY MANAGEMENT MULTI- TENANT OFFICE BUILDING 7801 BASS LAKE ROAD NEW HOPE, MINNESOTA City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, MN 55428 Dear Council Members: RFQ Due 12/2/02, 4:30 PM The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to furnish everything necessary to complete the project in accordance with the attached description of work. Property Management Lump Sum Quote (Monthly) 7801 Bass Lake Road 300 a -- In submitting this quote proposal it is understood that the City retains the right to reject any and all quotes and to award the quote in the best interests of the City. It is also understood that quotes may not be withdrawn for a period of 30 days after the deadline date on this request for proposal quote form. Respectfully submitted, 0 of-S - 1 , e-FA2 Firm Agent It ?a o 014) Co. ED • 1.S 4 r - J -0 Address City, State & Zip Code 5 7, rr- egg'.. 4 - LX'4 Jo ✓ Iss 161- Printed Name of Agent 71, 3- .Sys'- Telephone No. Iz oza2 Date Suite 150 10700 Old County Road 15 Plymouth, MN 55441 December 2, 2002 Mr. Ken P. Doresky Community Development Specialist City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 RE: 7801 Bass Lake Road New Hope, MN Tel: 763 - 595 -9511 Fax: 763- 595 -9512 Dear Mr. Doresky: Enclosed are the following documents in response to your Request For Quote to provide property management services at the above referenced property: 1) Completed RFQ Proposal Cover Sheet 2) Summary of Services To Be Provided 3) Company Profile and Qualifications Thank you for allowing us the opportunity to provide the City of New Hope with a proposal for managing the above referenced property. If you should have any questions, please call me at 763 - 595 -9511. Sir4efely Jevp A h W enA — . Ludovissie Director of Property Management A Suite 150 10700 Old Countly Road 1.5 Pltzuouth_ 91\ 55141 SUMMARY OF PROPERTY MANAGEMENT AND LEASING SERVICES 1) Prepare initial Property Inspection/Assessment Report and submit to the City of New Hope ( "City ") 2) Prepare 2003 projected Income and Expense Budget and submit to City 3) Physical Property Maintenance and Operating Services: a) Contract- Grounds maintenance /snow removal b) Contract- Exterior building maintenance /roof c) Contract- Rubbish removal d) Contract- Janitorial services and supplies e) Contract- Fire safety /security or (as needed) f) Contract - Interior building maintenance g) Weekly site visits or (as needed) h) Resolve tenant service requests i) Handle emergency maintenance and repair items 4) Financial Activities a) Collection of tenant rent and forward to City b) Review invoices and forward to City for payment c) Prepare monthly Income and Expense Reports for City 5) Other a) Enforce tenant lease provisions 6) Exclusions a) No leasing services required b) Establishment of bank accounts c) Payment of any expenses /security deposits COMMENTS: Management Agent will negotiate all service contracts, (as needed), for approval and execution by City as Owner. City will pay all approved operating expenses, insurance and real estate taxes incurred by the property directly. The prevailing document governing Agent responsibilities shall be Exhibit A; "Property Management Agreement ". The Management Agreement will have a maximum term of six (6) months and continue on a month -to -month basis thereafter. Tel: 763 -595 -9511 Fax: 763 - 595 -9512 Quest Real Estate, Inc. and Quest Development, Inc. In 1986 Leonard G. Anderson and James M. Waters created Quest Development, Inc., to pursue a mutual interest in real estate investment and development. Until 1993 Quest has been pursuing the private investment and development goals of its owners and other partners. During the mid and late 1980's Quest Development, Inc. developed and managed, for our account, strip centers and medical office buildings. In 1993 a strategy to develop and market subdivided land was successfully implemented, and continues today. In 1996, in order to better define specific corporate activities, Quest Development, Inc. became the entity through which all development activity takes place. Quest Real Estate, Inc. was formed to conduct asset management and property management functions. Currently we are successfully pursuing this dual focus on subdivided land development, as well as commercial development and management. The companies operate with a full time staff of five people, thus following the maxim of "less is more" and adhering to a strategy of pursuing the optimum deals, rather then pursuing more deals to cover excessive overhead. Included in our recent projects is Echo Shores of Mahtomedi, a single family and town home development venture, developed in cooperation with Pratt Homes and Nedegaard Construction. This housing development offers homes ranging in price from $350,000 to $900,000 and is the site for the 1998 "Idea House" featured in the Twin Cities Fall Parade of Homes and Midwest Living magazine. As a company, we feel this project is representative of our quality standard. Other recently completed land development projects include: Ridgecliffe Woods, a single family subdivision and Seneca Woods, a townhouse subdivision, both in Eagan; and Blaine Ridge, a detached townhouse subdivision in Inver Grove Heights. Leonard G. Anderson, CEO Leonard Anderson started in the insurance business in 1966 with Reserve Life Insurance Company, and immediately became one of their top personal producers. Mr. Anderson worked through the ranks and became a State Manager, always placing his state in the top three spots for the nation. In 1974 he formed his own General Agency, National Independent Brokers, Inc. and continued to set production records for the various insurance companies with which this company wrote business. In 1979 Mr. Anderson founded American Independent Underwriters, Inc. This company is responsible for marketing insurance products to agents throughout the eastern half of the United States. In 1989, after having been heavily involved in the senior market for over 20 years, Mr. Anderson co- founded the GoldenCare marketing organization. Determined to provide a superior long -term care product, he and his partner developed and hold exclusive marketing rights to the GoldenCare line of long -term care insurance products. Currently operating in 43 states, GoldenCare has grown to over 11,000 contracted agents, writing 1,500 applications per month, and has more than $50,000,000 of annualized premium in force. As a result of his long time interest in real estate investment, Mr. Anderson joined with Mr. Waters in 1986 to found Quest Development, Inc. He is currently an active investor and officer in both Quest Development, Inc. and Quest Real Estate, Inc. James M. Waters, President / COO Mr. Waters has been actively involved as a professional real estate broker and manager for over twenty years, during which time Mr. Waters has acquired an extensive background in real estate. In addition to real estate sales and leasing, his experience includes the development of retail strip centers, medical office buildings, hotel properties and subdivided land. He is currently developing the two phase Plymouth City Center office project in downtown Plymouth, Minnesota. He has been the managing partner of Quest Development, Inc. since founding it, with Mr. Anderson in 1986. He has been a member of the Minnesota Shopping Center Association and the International Council of Shopping Centers. Current memberships and affiliations include the National Association of Realtors, the Minneapolis Area Association of Realtors, the Builders Association of the Twin Cities, National Association of Office and Industrial Parks (NIAOP) and the Building Owners and Managers Association (BOMA). His responsibilities include corporate financial management, as well as development and implementation of the company's strategic plan. Additional responsibilities include asset management, property acquisition and disposition, as well oversight of land development staff and management staff who are conducting Lease negotiations, tenant improvement planning, renovation and construction. Stephen A. Ludovissie, Director of Property Management Mr. Ludovissie joined Quest Real Estate, Inc. in September of 2001 with over twenty years of commercial and multi- family residential property management experience. He holds a B.A. degree from the University of Minnesota, a M.A. degree from Mankato State University and designation of Certified Property Manager from the Institute of Real Estate Management. Mr. Ludovissie was the owner and President of Provesco, Inc. for over thirteen (13) years. Provesco, Inc. provided property management services on up to fifteen (15) commercial and multi - family residential properties. In addition, Provesco, Inc. provided consulting services and served as court appointed receiver for various mortgage companies and State and Federal agencies. Prior to Provesco, Inc., Mr. Ludovissie held the position of Vice - President with The Schuett Companies for over three (3) years during which time the company developed and managed twenty (20) multi - family residential and commercial properties. During his career, Mr. Ludovissie has personally been responsible for the leasing and property management activities of portfolios with commercial property totaling over 900,000 square feet and multi - family residential property in excess of 2,500 units. In his current position at Quest Real Estate, Inc., Mr. Ludovissie is responsible for leasing and property management duties for five (5) office buildings and one (1) retail center ranging in size from 4,400 square feet to 58,500 square feet. He will also assume management of a 30,000 square foot office building developed by Quest Development, Inc. under construction upon its completion in the spring of 2003. Uj" .16JU 43 Wig LOMd 4 L 14 0 k 4 N SIGNAL BANK 1270 Yankee Doodle Road Eagan, MN 55121 5050 France Avenue Edina, MN 55410-2085 Pfiffner Heating and A/C Services,, Inc. 6301 Welcome Avenue Brooklyn Park, MN 55429 Metro Elevator 1721 Mainstreet Hopkins, MN 55343 WILKERSON & HEGNA, PLLP 3800 West 80 Street, Suite 1100 Bloomington, MN 55431 Nancy Aune, Vice President Phone: 651-306-1667 Fax: 651-306-1650 Dan Poppe, Managing Director Phone: 952-836-3032 Fax: 952-836-3045 Mark Pogreba, Owner Contact: Penny Phone: 763-533-7516 Brad Hanson, Owner Contact: Sue Hanson Phone: 952-932-9868 Gary Wilkerson, Attorney at Law Phone: 952-897-1707 Fax: 952-897-3534 A A 4.A 6 8001 Building 10600 Building Apache Medical Tiffany Building Zane Professional Building Walker Street Building Greeley Square Lake Street Center Lake Place Shopping Center Zaneplace Center Plymouth City Center 7,000 sf — Medical/Office 4,400 sf — Professional Office 58,500 sf — Medical/Office 35,000 sf — Professional Office 16,000 sf — Medical/Office 12,000 sf — Office 24,000 sf — Retail & Office 27,000 sf — Retail & Office 15,000 sf — Retail 30,000 sf — Retail 21,000 sf — Professional Office St. Louis Park, MN Plymouth, MN St. Anthony, MN Plymouth, MN Brooklyn Park, MN St. Louis Park, MN Stillwater, MN Minneapolis, MN Oakdale, MN Brooklyn Park, MN Plymouth, MN Quest Real Estate, Inc Management. Development. Investment. Commercial Property Specialists We deliver excellent results to owners through comprehensive management, leasing and consulting services. We provide timely and effective office space solutions to meet the needs of today's small and midsize businesses. We are committed to dependable, high - quality customer service through prompt and effective response to tenant requests. Commercial .Property Division Suite 150 10700 Old County Road 15 Plymouth, MN 55441 •` k • ZANEWAY SHOPPING CENTER AND ZANE PROFESSIONAL BUILDING, Brooklyn Park, Minnesota 46,000 Square Feet - Retail and Office Space Managed Only. Sold to the City of Brooklyn Park in 2002. LAKE PLACE CENTER, Oakdale, Minnesota 15,000 Square Feet - Retail Strip Center Construction Completed Spring of 1988 8009 HIGHWAY SEVEN, St. Louis Park, Minnesota 7,000 Square Feet - Medical Office Building Construction Completed August, 1988 GREELEY SQUARE, Stillwater, Minnesota 24,000 Square Feet - Retail and Office Project Construction Completed Spring of 1990 - Sold TIFFANY BUILDING, Plymouth, Minnesota 35,000 Square Feet - Office Building Renovation of an REO Property - Completed June of 1990 STADIUM VILLAGE PROJECT, University of Minnesota 34,000 square feet - Retail Development - Sold APACHE MEDICAL BUILDING, St. Anthony, Minnesota 58,500 Square Feet — Professional Office Building Managed Only. PLYMOUTH CITY CENTER 1, Plymouth, Minnesota 20,765 Square Feet — Multi Tenant Office & Retail Project. Anchored by Citizens Independent Bank. Developed and Managed — Completed July 2001. PLYMOUTH CITY CENTER It, Plymouth, Minnesota 28,625 Square Feet — Multi Tenant Medical Office Project. Anchored by three Dental Specialty Practices. Developed and Managed — Completion April 2003. REQUEST FOR QUOTE (RFQ) PROPERTY MANAGEMENT MULTI - TENANT OFFICE BUILDING 7801 BASS LAKE ROAD NEW HOPE, MINNESOTA City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, MN 55428 Dear Council Members: m oll RFQ Due 12/2/02, 4:30 PM The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to furnish everything necessary to complete the project in accordance with the attached description of work. Property Management Lump Sum Quote (Monthly) 7801 Bass Lake Road _, In submitting this quote proposal it is understood that the City retains the right to reject any and all quotes and to award the quote in the best interests of the City. It is also understood that quotes may not be withdrawn for a period of 30 days after the deadline date on this request for proposal quote form. Respectfully submitted, Firm �C4--Y e J rnt 1-04D '1 �2Li= a�1 Le,fv Address tity, & Zip Code Printed Nanhe of Agent Telephone No. zzz ;'- - o v Date November 23, 2002 City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, Mn 55428 Dear Mr. Doresky: Enclosed is my quote for managing the building at 7801 Bass Lake Road. I would manage the building as if it were my own, providing the services that you require in your contract agreement. I am qualified to manage this building as I have owned and managed it for over 20 years. I have owned and managed many properties starting in 1977. I still own and manage other properties. We have a very special atmosphere in this building with the tenants really relating well and enjoying each other'-s company. I would like to see that environment maintained. Yours Truly, S erry Sh Iter 15409 Tarleton Crest Maple Grove, Mn 55311 7631420 -2522 ," iulj% REQUEST FOR QUOTE (RFQ) PROPERTY MANAGEMENT MULTI- TENANT OFFICE BUILDING 7801 BASS LAKE ROAD NEW HOPE, MINNESOTA City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, MN 55428 Dear Council Members: 314031 RFQ Due 12/2/02,4:30 PM The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to furnish everything necessary to complete the project in accordance with the attached description of work. Property Management Lump Sum Quote (Monthly) 7801 Bass Lake Road $500.00 In submitting this quote proposal it is understood that the City retains the right to reject any and all quotes and to award the quote in the best interests of the City. It is also understood that quotes may not be withdrawn for a period of 30 days after the deadline date on this request for proposal quote form. Respectfully submitted, 11PPER MIDWEST MANAGEMENT CORPORATION Firm � ,. -0�'�.�, Gregg Larson or Chad Thomas Agent Printed Name of Agent 4900 Highway 169 N, Suite 100 Address New Hope, MN 55428 City, State & Zip Code _763- 535 -4914 Telephone No. 1Z Date REQUEST FOR QUOTE (RFQ) PROPERTY MANAGEMENT MULTI- TENANT OFFICE BUILDING 7801 BASS LAKE ROAD NEW HOPE, MINNESOTA City of New Hope Attn.: Mr. Ken P. Doresky, AICP Community Development Specialist 4401 Xylon Avenue North New Hope, MN 55428 Dear Council Members: RFQ Due 12/2/02,4:30 PM The undersigned, having studied the attached description of work, being familiar with all factors and other conditions affected the work and cost thereof, hereby proposes to furnish everything necessary to complete the project in accordance with the attached description of work. Property Management Lump Sum Quote (Monthly) 7801 Bass Lake Road In submitting this quote proposal it is understood that the City retains the right to reject any and all quotes and to award the quote in the best interests of the City. It is also understood that quotes may not be withdrawn for a period of 30 days after the deadline date on this request for proposal quote form. Respectfully submitted, 9"11 Agent Address City, State & Zip Code Printed Name of Agent Telephone No. Date mmil DESCRIPTION OF WORK 1. PROJECT DESCRIPTION: The City is requesting quotes from professional property management firms to manage the multi- tenant office building located at 7801 Bass Lake Road. The City expects to take ownership of the property on December 16, 2002. Management process (See attached sample contract): • Management firm to collect rent checks and submit checks to City staff. o All checks made payable to the City of New Hope EDA. • Management firm to contract all operating services. • Snow Plowing. • Cleaning (common areas — tenants are responsible for offices). • Bathroom towels. • Miscellaneous maintenance. • Garbage removal. • Utilities (gas, electric & water). • Management firm to obtain approval from City staff for any maintenance expenses. • Invoices for all services to be submitted monthly to City staff for review and payment. • Invoice from management firm to be submitted monthly to City staff for review and payment. • No leasing services required. 2. RFQ SUBMISSION MATERIALS: All quotes are to be received at City offices by the submission deadline (mail or fax) and should include the following information: • Completed RFQ Proposal Cover Sheet, RFQ Deadline 1212/02, 4:30 PM; • Summary of services, and; • Qualifications. 3. AWARD DATE: The quote will be awarded on Monday, December 9, 2002. The firm will be expected to begin management activities on December 16, 2002. 4. CITY CONTACT: Questions may be directed toward Ken Doresky, Community Development Specialist at 763 - 531 -5137 or Kirk McDonald, Director of Community Development at 763 - 531 -5119. 5. ATTACHMENTS: • 7801 Bass Lake Road — Location Map • Building Summary • Sample Contract BUILDING SUMMARY 7801 BASS LAKE ROAD — MULTI- TENANT OFFICE BUILDING • Building size: 6,000 sq. ft. • Net rentable area: 4,313 sq. ft. (multi- tenant suites) Rental Summary (based on 2002 rents): Unit Rent Per Month Rent Per Year Lease Term 101 $560 $6720 Month -To -Month 110 $435 $5220 Expires 3 -31 -03 111 Em NIA N/A 120 $360 $4,320 Expires 3 -31 -03 121 $445 $5,340 Month -To -Month 200 $210 $2,520 Expires 3 -31 -03 201 $445 $5,340 Month -To -Month 210 $545 $6,540 Month -To -Month 211 $480 $5,760 Month -To -Month 221 $250 $3,000 Month -To -Month 231 Em N/A N/A Total $3,730 $44,760 3 Property Management Firm List: Jerry Showalter 15409 Tarleton Crest Maple Grove, MN 55311 Fax: 763-416-6014 A & R Management Company Attn.: Reza Vojoodi 10825 41' Avenue North Plymouth, MN 55441 Fax: 763-559-0296 Phone: 763-550-7901 Quest Real Estate Attn.: Steve Ludovissie 10700 Old Co. Rd 15, Suite 150 Fax: 763-595-9212 Phone: 763-595-9511 Park Midwest Commercial Real Estate Attn.: Matt Rieger 8085 Wayzata Blvd, Suite 100 Minneapolis, MN 55426 Fax: 763-847-6633 Phone: 763-847-6600 Upper Midwest Management Group Attn.: Chad Thomas 4900 N. Hwy 169 New Hope, MN 55428 Fax: 763-535-3958 Phone: 763-535-4914 4 9 R $1 Gross Rent/Positive Break Even Point/Negative - Operating Expenses and $300 Management Fee ♦ - *U,7 rAq - W10 4 • a • $2,500.00 $1 E3 Gross Rent - Current 11 Break Even Point - Operating Expenses and $300 Management Fee— December 13, 2002 «Name» «Company» <<Add ress 1 » «City» RE: 7801 Bass Lake Road — Ownership and Management Confirmation Dear «Name» : On December 16, 2002, the City of New Hope is scheduled to take ownership of the property at 7801 Bass Lake Road. City staff solicited quotes from professional property management firms, including the former owner, for operation of the building. On December 9, 2002, the New Hope City Council awarded the management contract to Quest Real Estate, Inc., the low -quote firm. Quest Real Estate will mail a notification letter to all tenants next week describing the logistical information. The City is attempting to provide a seamless ownership and management transition. Also, Evergreen Land Services, the City's relocation consultant, has been contacting and meeting with all tenants to discuss relocation options. The City Council is hopeful that all tenants will decide to remain in the building for twelve (12) to eighteen (18) months until the property is required for redevelopment. Please see the following property contacts: Ownership Management Firm Relocation Consultant City of New Hoe Quest Real Estate, Inc. Evergreen Land Services Co. Attn: Ken Doresky, Community Development Specialist Attn: Steve Ludovissie, Director of Property Management Steve Carlson, Relocation Manager 4401 Xylon Avenue North 10700 Old County Rd. 15, #150 4131 Old Sibley Memorial Highway, Suite 201 New Hope, MN 55428 Plymouth, MN 55441 Eagan, MN 55122 Telephone: 763 - 531 -5137 Telephone: 763- 595 -9511 Telephone: 651 - 882 -0200 Fax: 763 - 531 -5136 Fax: 763- 595 -9512 Fax: 651 -882 -6564 Do not hesitate to contact me at 763- 531 -5119 with any questions or comments. Sincerely, Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Ken Doresky, Community Development Specialist Chuck Tatro, Acting Building Official Steve Ludovissie, Quest Real Estate Steve Carlson, Evergreen Land Services Erin Seeman, Community Development Intern Valerie Leone, City Clerk (Im rovement Project No. 719) CITY OFNEwHOPE 4401 Xylon Avenue North o New Hope, Minnesota 55428 -4898 * www. ci.new- hope.mn.us City Hall: 763- 531 -5100 ® Police (non - emergency): 763- 531 -5170 ® Public Works: 763- 592 -6777 ® TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 m Police Fax: 763- 531 -5174 ® Public Works Fax: 763- 592 -6776 Name Company Lori Evans and Minnesota Rapping Margaret Martin 7801 Nick Taylor Best Publications John Koppi JAK Investments Ed Viehman Re -Bound Freight 55428 Brokers Kim Baeth Golden Openings Joe Sprout and Frontier Home Russ Hoyt Interiors Dale Sprout On Trac Financial Jim Peterson Dresser Rand Mark Beutz Beutz Auto Sandy Sculthorp Plymouth Agency Susan Aaseby Plymouth Agency Addressl City 7801 Bass Lake Road, #101 New Hope, MN 55428 7801 Bass Lake Road, #110 New Hope, MN 55428 7801 Bass Lake Road, #120 New Hope, MN 55428 7801 Bass Lake Road, #121 New Hope, MN 55428 7801 Bass Lake Road, #200 New Hope, MN 55428 7801 Bass Lake Road, #201 New Hope, MN 55428 7801 Bass Lake Road, #210 New Hope, MN 55428 7801 Bass Lake Road, #210 New Hope, MN 55428 7801 Bass Lake Road, #211 New Hope, MN 55428 7801 Bass Lake Road, #220 New Hope, MN 55428 7801 Bass Lake Road, #220 New Hope, MN 55428 December 10, 2002 Jerry Showalter 15409 Tarleton Crest Maple Grove, MN 55311 RE: Management Contract Award — 7801 Bass Lake Road Dear Mr. Showalter: Thank you for submitting a quote for the above referenced project. Listed below are the quotes received: Management Firm Quote Quest Real Estate, Inc. $ 300.00 Jerry Showalter former owner $ 400.00 Upper Midwest Management Corp. $ 500.00 On December 9, 2002, the New Hope City Council awarded the contract to Quest Real Estate, Inc. in the low -quote amount of $300.00 per month. The City will contact you if we require quotes for future projects. Thank you again for submitting a quote. Sincerely, WC <Z Ken Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building Official Chuck Tatro, Acting Building Official Erin Seeman, Community Development Intern Valerie Leone, City Clerk (improvement Project No. 719) r • 4401 Xylon Avenue North + New Hope, Minnesota 55428 -4898 + www. ci.new - hope.mn.us City Hall: 763- 531 -5100 + Police (non - emergency): 763 - 531 -5170 + Public Works: 763- 592 -6777 + TDD: 763- 531 -5109 City Hall Fax: 763 - 531 -5136 + Police Fax: 763 -531 -5174 + Public Works Fax: 763- 592 -6776 Quest Real Estate, Inc. Attn.: Steve Ludovissie 10700 Old Co. Rd 15, Suite 150 Plymouth, MN 55441 RE: Management Contract Award — 7801 Bass Lake Road Dear Mr. Ludovissie: On December 9, 2002, the New Hope City Council awarded a contract for- the property management of 7801 Bass Lake Road to Quest Real Estate, Inc. in the low quote amount of $300 per month. Enclosed are three copies of the contract. Please date the copies on page 1, provide notice on page 6 and sign all copies on page 7. Please return all copies of the contracts to the City for execution by the Mayor and City Manager. The City will then return one copy to you for your records. The City expects to close on the property on Monday, December 16. Management activities are expected to begin at that time. Listed below are the quotes received by the City: Management Firm Quote Quest Real Estate, Inc. $ 300.00 Jerry Showalter former owner $ 400.00 Upper Midwest Management Corp. $ 500.00 Do not hesitate to contact me at 763 - 531 -5137 with any questions or comments. Sincerely, Lo �' Ken Doresky, AICP Community Development Specialist Kirk McDonald Director of Community Development Enc.: Management Contract (3 copies) Cc: Dan Donahue, City Manager Steve Sondrall, City Attorney Doug Sandstad, Building Official Chuck Tatro, Acting Building Official Erin Seeman, Community Development Intern ITY OF IN EW HOPE 4401 Xylon Avenue North • New Hope, Minnesota 55428 -4898 . www. ci.new - hope.mn.us City Hall: 763- 531 -5100 • Police (non - emergency): 763 - 531 -5170 • Public Works: 763 - 592 -6777 e TDD: 763- 531 -5109 City Hall Fax: 763- 531 -5136 • Police Fax: 763- 531 -5174 e Public Works Fax: 763- 592 -6776 PROPERTY MANAGEMENT AGREEMENT THIS AGREEMENT is made and entered into as of the _�_ day of 2002, by and between the City of New Hope, a Minnesota municipal corporation (hereinafter "Owner ") and QW 9S f X1 44 f.W'Wf - Aw , a M4 CV R e„ d (hereinafter "Manager "). RECITALS Owner owns that certain real property presently used as an office building, located in the City of New Hope, Hennepin County, Minnesota, together with all improvements erected thereon, located at 7801 Bass Lake Road, New Hope, Minnesota (hereinafter "Property). Manager is an independent contractor in the business of managing and operating commercial real estate. Owner desires to employ Manager to manage the day -to -day operations of the Property. DEFINITIONS The following terms when used in this Agreement and the Exhibits hereto shall have the following meanings: "Property" shall be as described above. "Gross Rent" shall mean and refer to all income, issues, profits, receipts, payments and rents (including without limitation base rent, additional rent, payments from tenants for operating expenses, taxes and installments of special assessments, percentage rents, rent escalations and rents based on increases in operating expenses) payable to Owner for the use or occupancy of the Property or any part thereof, including, without limitation, all income, issues, profits, receipts, payments and rents payable under the Leases or under any other lease or agreement for the use or occupancy of the Property, whether written or verbal, but shall not include the following: a. Security deposits: b. Sales, finance, refinance, condemnation or casualty insurance proceeds for the sale, financing or condemnation of or casualty to the Property; c. Moneys collected for capital expenses which are paid for by tenants, but only to the extent the same are not deducted from Gross Rent pursuant to the definition of Net Rent, below. "Authorized Expenses" shall be those expenses included within the Owner Approved Budget, and such additional expenses as may thereafter be approved by Owner. "Owner Approved Budget" shall be the budget approved pursuant to Section 3.7. "Fiscal Year" shall be from January 1 through December 31 of each year. NOW, THEREFORE, incorporating the Recitals and Definitions as set forth above, and in consideration of the mutual covenants here in contained, Owner and Manager mutually hereby agree as follow: ARTICLE 1. Owner hereby employs and Manager hereby accepts employment as exclusive Manager for the Property for a term of six (6) months, commencing on December 16, 2002 and ending on June 15, 2003, except as described under Article 5. At expiration of said term, this Agreement, if not renewed in writing by the Owner, shall then be deemed a month -to -month Agreement cancelable by either party on not less than thirty (30) days advance written notice provided that in any event, the cancellation shall be effective at the end of the calendar month in which the thirty (30) day notice period ends. ARTICLE 2. COMPENSATION OF MANAGER Owner agrees to pay Manager and Manger agrees to accept a full compensation for the services to be rendered to Owner hereunder during the term hereof a fee equal to $ 30 D _SP per month. ARTICLE 3. RESPONSIBILITIES OF MANAGER Manager shall operate, manage and maintain the Property as an independent contractor for Owner in accordance with sound property management practice. Manger shall not enter into any new lease with any tenant not already occupying office space in the Property as of the date of this Agreement unless authorized in writing by the Owner. It is acknowledged Owner only desires to rent to the current tenants and not lease to any new tenants. The responsibilities of Manager shall be limited to those permitted only by this Property Management Agreement and such other services as Owner may approve in writing. Manager shall exercise prudence and diligence in performing its duties. The responsibilities of Manager shall include, but not be limited to, the following: 3.1. Leasing. Manager shall take all reasonable actions to enforce the tenant leases and month -to- month rental agreements, including, but not limited to, all actions and proceedings to collect or cause (i) the collection of all rentals and other charges due Owner from tenants of the Property in accordance with the terms of their leases or rental agreements; and (ii) the ousting, dispossession or eviction of tenants or other persons from the Property provided, however, that Manager shall not commence any lawsuit or other proceedings requiring legal assistance without first obtaining the written approval of Owner. All such actions or proceedings shall be through legal counsel approved by Owner. The expenses for such counsel shall be borne by Owner. 3.2. Compliance with Legal Requirements. Manager shall take such action as directed by Owner and at Owner's expense, as may be necessary, to comply with any and all orders or requirements affecting the Property by any federal, state, county or municipal authority having jurisdiction thereover. Manager, however, shall not take any such actions as long as Owner is contesting, or has affirmed its intention to contest and promptly starts proceedings contesting, any such order or requirement. Manager shall promptly notify Owner of all such orders and notices or requirements. Manager shall prepare, execute, and, after obtaining the approval of Owner, file any such reports and documents as may be required by any local, state, or federal authority consistent with routine and customary services provided by property management firms. N 3.3. Operation. Manager shall be responsible to maintain the Property in good condition and repair to standards established by Owner, at Owner's expense. In connection with its operation of the Property, Manager shall provide or arrange for the provision to the tenants of the Property of only those services stipulated in leases in existence as of the date of this Agreement or entered into thereafter in accordance with Section 3.1 hereof, and such other services as Owner may approve in writing. 3.4. Maintenance and Repair. Manager shall see that the physical facilities, personal property and grounds are at all times well maintained and kept in good order and repair and in a proper state of cleanliness, at Owner's expense. Manager shall have authority to hire, supervise and terminate on behalf of Owner, independent contractors required in the operation of the Property. However, all contracts shall require approval of the Owner. 3.5. Emergency Maintenance and Repair. Manager shall report to Owner full details of any emergency orally and by letter remitted by the end of the following business day. The contracting limitation shall be waived for emergency repairs if Owner is not reasonably available to grant approval. Manager shall obtain and maintain records and enforce any guarantees or warranties that may concern Owner's real or personal property included within the Property where such records, guarantees, and warranties are reasonably available to Manager. Owner's approval must be obtained before pursing any legal remedies to enforce said guarantees or warranties. 3.6. Employees of Manager. Owner reserves the right to approve any employees of Manager whom will be assigned maintenance duties on the Property. 3.7. Budgets. The fiscal year for the Property shall be from January 1 through December 31 of each year. Manager shall update and revise in a format to be approved by Owner the anticipated budget for the Property no later than thirty (30) days from the date this Agreement is executed and every year thereafter, no later than December 1 of each year. Said budgets shall include the estimated operating monthly income and expenses of the Property for the next fiscal year. After approval by Owner in writing, budgets shall be used by Manager as a guide for the actual operation of the Property. Manager agrees to obtain the prior written approval for any expenditure or expenditures which would cause any major budget revisions, except for emergencies. All expenses within the Owner Approved Budget are to be borne by Owner and it shall be the responsibility of Owner, provided there is no default by Manager, to make available sufficient funds to Manager to meet expenses anticipated in the Approved Budget. 3.8. Collections. Manager shall use due diligence to collect all sums payable by tenants. All sums so collected shall be delivered to Owner no later than one day after the day of collection. 3.9. Books, Records and Reports. Manager will establish and maintain an accounting and management reporting system that will account for all transactions relating to the Property. Manager shall provide the following financial and management reports to Owner for the preceding accounting month: (1) Detailed report of all monies collected (identified by Tenant or other source) which shall include: Rent bills to tenants Rents collected Rents delinquent Rents prepaid beyond current month Security deposits collected (2) Detailed report of all expenses, capital and operating. All original reports, documents and leases are to be retained in Owner's possession or deposited as directed by Owner. Copies as required will be retained by Manager. 3.10. Use and Maintenance of Premises. Manager agrees not to knowingly permit the use of the Property for any purpose which might void any policy of insurance relating to the Property or which might render any loss thereunder uncollectible, or which would be in violation of any governmental restriction. 3.11. Other. Manager shall be expected to perform such other acts and deeds as are reasonable, necessary and proper in the discharge of its duties under this Agreement. ARTICLE 4. INDEMNIFICATION AND INSURANCE 4.1. Liability Insurance. Owner shall carry comprehensive general liability insurance to include, but not be limited to, operations liability, contractual liability (specifically insuring the indemnity provisions contained herein), products and/or completed operation liability, personal injury liability and such other insurance as may be necessary for the protection of the interest of Owner. In each such policy of insurance, Owner shall designate Manager as a party insured with Owner. The carrier and the amount of coverage in each policy shall be decided upon by Owner, but shall not be in amounts that are not substantially in compliance with generally accepted industry standards. Manager shall have no other rights under any other policies of insurance. M ARTICLE 5. TERMINATION 5.1. Termination of Contract. Notwithstanding the provisions of Article 1 above to the contrary, this Agreement may be terminated and the obligation of the parities hereunder shall thereupon cease, upon the occurrence of any of the following circumstances: (1) In the event of a bona fide sale or substantial destruction of the Property, either party may terminate this Agreement upon thirty (30) days written notice to the other Party. (2) If a petition for bankruptcy, reorganization or rearrangement is filed under state or federal insolvency statutes by or against Manager, or Manager shall make an assignment for the benefit of creditors or take advantage of any insolvency act, Owner may terminate this Agreement upon ten (10) days' written notice to Manager. (3) If Manager shall knowingly and materially fail to comply with any ordinance or law of any federal, state or municipal authority, Owner may terminate this Agreement upon ten (10) days' written notice to Manager. Such cancellation shall not release the indemnities of Owner set forth in paragraph 4.1. (4) If either party shall default in the performance of any of its obligations hereunder and such default shall continue uncorrected for thirty (30) days after written notice from one party to the defaulting party designating such default, the party not in default may terminate this Agreement upon ten (10) days' written notice to the defaulting party. (5) In the event the Property fails to produce a positive cash flow, Owner, in its sole discretion, may terminate this Agreement upon ten (10) days' written notice to Manager. 5.2. Obligations upon Termination. Upon termination of this Agreement, for whatever reason, each party shall promptly pay to the other, as soon as the same is determinable after the effective date of termination, all amounts due such other party under the terms of this Agreement, and upon such payment, neither party shall have any further claim or right against the other, except as expressly provide hereinafter. Upon termination for whatever cause, Manager shall, not later than the effective date of termination, deliver to Owner the original of all books, permits, plans, records, leases, licenses, contracts and other documents pertaining to the Property and its operation, all insurance, policies, bills of sale, or other documents evidencing title or rights of Owner, and any and all other records or documents, whether or not enumerated herein, which are necessary or desirable for the ownership and operation of the Property. Manager shall provide final reports as set forth in Section 3.9 hereof, through the date of termination, except those reports relating to periods prior to the date of termination that require information only subsequent to the date of termination. Manager shall assign unexpired service and supply contracts to Owner or parties designated by Owner. All personal property of Owner, whether on the premises of the Property or elsewhere, shall be delivered intact to Owner or Owner's representatives. Manager further agrees to do all other things necessary to cause an orderly transition of the management of the Property without detriment to the rights of Owner or to the continued management of the Property. ARTICLE 6. MISCELLANEOUS PROVISIONS 6.1. Headings. The headings used herein are for purposes of convenience only and should not be used in construing the provisions hereof. 6.2. Notice. Any notice, demand or communication required or permitted hereunder shall be deemed effectively given when mailed by registered or certified mail, postage prepaid, return receipt requested, addressed to the following addresses or to such other addresses as any party may hereafter designate by written notice: TO OWNER: City of New Hope c/o Dan Donahue, City Manager 4401 Xylon Avenue North New Hope, MN 55428 WITH COPY TO: Steven A. Sondrall New Hope City Attorney Jensen & Sondrall, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 TO MANAGER: S'r'i ts4 A, GADwi ssl!F_ No QN &sf 16*� &r , XUc . t0'I00 0LD C®• IS -AP15*0 �Ly M 14 5-5 6.3. Relationship of the Parties. Manager is an independent contractor hired by Owner pursuant to the terms hereof. Nothing contained in this Agreement, nor any acts of the parties hereto, shall be deemed or construed by the parties hereto, or either of them, or any third party, to create a relationship of principal and agent, or a partnership or a joint venture, between the parties hereto. 6.4. Entire Agreement. This document represents the entire agreement between the parties with respect to the subject matter hereof, and to the extent inconsistent therewith, supercedes all other prior agreements, representations and covenants, oral or written. Amendments to this agreement must be in writing and signed by both parties. 6.5. Successors and Assigns. Subject to the limitations concerning assignment, this Agreement shall be binding upon and inure to the benefit of the parties, their heirs, legal representatives and successors and assigns. 6.6. Severability. Every provision of this Agreement is intended to be severable. If any term or provision hereof is determined to be illegal for any reason whatsoever, such provision shall be severed from the Agreement and shall not affect the validity of the remainder of this Agreement. IN WITNESS WHEREOF, the parties hereto have caused this instrument to be executed as of the day and year first -above written. CITY/0 WHOP F By: � W. Peter Enck ., Its: Mayor By: �°�"r;C d" -, ? Daniel L. Donahue 0 Its: City Manager MANAGER: By: — A;L Its: X) aR feria. d F P/4 C Its: P:\Attomey\SAS\DocumentslCNH99 .11275- 002 - Management Agt.doc 4401 Xylon Avenue North City Hall: 763 - 531 -5100 New Hope, Minnesota 55428 -4898 Police: 763 -531 -5170 www.ci.new- hope.mn.us Public Works: 763 - 533 -4823 TDD: 763 -531 -5109 December 20, 2002 Quest Real Estate, Inc. Attn: Steve Ludovissie 10700 Old Co. Road 15, Suite 150 Plymouth, MN 55441 Subject: Management Contract City Hall Fax: 763 - 531 -5136 Police Fax: 763 - 531 -5174 Public Works Fax: 763 - 533 -7650 Enclosed is a fully executed contract for the property management at 7801 Bass Lake Road. The New Hope City Council awarded this contract at its meeting of December 9, 2002, in the amount of $300 per month. Any questions regarding the contract may be directed to Ken Doresky, Community Development Specialist, at 763 - 531 -5137. Sinc rel , Valerie Leone, CMC City Clerk Enc. cc: Ken Doresky, Community Development Specialist Steve Sondrall, City Attorney Family Styled City ^ fi n For Family Living ' �! 6 r