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IP #995 cemetery propertyRequest for Action �" 1� Agenda Section October 15, 2018 Work Session Approved by: Kirk McDonald, City Manager Item Number Originating Department: Community Development 11.3 By: Jeff Sargent, Director Agenda Title Discuss purchase of the Assumption Cemetery property in conjunction with the municipal pool improvements Requested Action Staff requests to have a discussion with the City Council regarding the potential purchase of a portion of the Assumption Cemetery property in conjunction with the construction of the new municipal pool. Policy/Past Practice It is past practice for staff to discuss possible purchases of property with the City Council prior to taking formal action. Background As previously disclosed to the City Council, a portion of the north city hall parking lot is located on property owned by the Catholic Cemeteries (Assumption Cemetery), and an easement was granted to the city in 1991 for parking lot purposes. The easement allowed the cemetery to utilize the parking lot in the event of burials, and required that two (2) parking spaces be reserved for the cemetery for maintenance/visitor purposes. There are very few burials that take place at the cemetery, with the majority of the traffic being gravesite visitors. Through the planning process for the new municipal pool facility, staff determined that the location of the proposed mechanical building for the pool would be located almost entirely on the Catholic Cemeteries property (please see the attached information for location of the property and the proposed location of the building). After this determination was made, staff looked into the possibility of purchasing the parking lot portion of the Catholic Cemeteries property in order to obtain better control of the property. Staff would be more comfortable with constructing a building on city -owned property rather than amending a current easement agreement to allow for the construction of the building. City staff, along with the city attorney, engaged in conversations with representatives from Catholic Cemeteries regarding the potential purchase of the property. When the discussions concluded, Catholic Cemeteries agreed, in principle, to give the property to the city via a Quit Claim Deed in exchange for the construction of an improved access driveway, retaining wall, landscaping and other related improvements. A formal decision would still need to be made by their board of directors at the December meeting. Catholic Cemeteries would also be granted an easement for the use of the property so they could continue to use the property in the same manner they have been since 1991. Improvements and Easements The north parking lot at city hall will be reconfigured through the design of the new municipal pool improvements. The attached site plan depicts some of the improvements to the current Catholic Cemeteries property, including: • A new and wider access driveway for Assumption Cemetery of a width of approximately 22 feet • Concrete curb and gutter for the access driveway and parking areas • A new and wider gate to access the cemetery, including any required replacement fencing I: \ RFA \ COMM DEV \ 2018 \ Work Sessions \ Assumption Cemetery Purchase Discussion \ WS - Assuption Cemetery Purchase 10-15-18.docx Request for Action, Page 2 • A larger parking area at the top of the hill near the gate that will allow for ADA access through the gate to Assumption Cemetery ■ New terraced retaining walls will be constructed. Trees will be planted in the terracing sections between the walls to provide screening and as a barrier for vehicles using the access driveway. In total, the estimated cost to the city for these improvements is $131,400. As stated previously, the terms of the easement granted to Catholic Cemeteries would allow the cemetery to use the property as they currently are. The specific terms are as follows: ■ Vehicles would be allowed to park in the parking spaces provided on the access driveway • Assumption Cemetery parking will be allowed in the one-way traffic access driveway and parking along Xylon Avenue North • Catholic Cemeteries will be responsible for minor maintenance of the access driveway, including snow removal and lawn maintenance ■ City will be responsible for minor maintenance south of the access driveway within the one-way traffic access drive and parking areas • City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement) within the entire easement area Recommendation Staff recommends that the City Council agree, in principle, to the purchase of the property from Catholic Cemeteries. Once formal approval is made by Catholic Cemeteries, staff will present the purchase and development agreement to the City Council for the city's formal approval. Attachments ■ Draft Purchase and Development Agreement • Memo from Jensen, Sondrall, Persellin & Woods, P.A. • Letter of Support from Catholic Cemeteries ■ Location Map • Site Plan • Estimate of Costs for the New Improvements (Stantec) PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement ("Agreement") is made by and between The Catholic Cemeteries, a Minnesota corporation ("Catholic Cemeteries"), and the City of New Hope, a Minnesota municipal corporation ("City") effective , 2018. In consideration of the covenants and agreements of the respective parties as hereinafter set forth, Catholic Cemeteries shall sell and City shall purchase the vacant parcel of real property located in the City of New Hope at Xylon Avenue North adjacent to the New Hope City Hall and Assumption Cemetery properties, Property Identification Number 18-118-21-12-0001 which is legally described and graphically depicted in the attached Exhibit A ("the "Property"). 1, Title Conveyed. For valuable consideration as set forth herein, on the Date of Closing, Catholic Cemeteries shall deliver a Quit Claim Deed (the "Deed") to City conveying marketable title of record, free and clear of liens, encumbrances, assessments, and restrictions, except for the "Permitted Encumbrances" set forth on Exhibit B. 2, Easement Conveyed. For valuable consideration as set forth herein, on the Date of Closing, City shall deliver an Easement Agreement (the "Easement") to Catholic Cemeteries conveying certain easement rights over a portion of the Property and the adjacent triangular parcel currently owned by the City which is adjacent to Xylon Avenue North and allows access to Xylon Avenue North, identified as Property Tax Identification Number 18-118-21-11-0011 ("City Property") which easement area is graphically depicted in the attached Exhibit C ("Easement Area")., 3. Representations of Catholic Cemeteries. Catholic Cemeteries represents and agrees as follows: a. Catholic Cemeteries the Property and has the right to sell the same, and that there are no unrecorded contracts, leases, easements or other agreements or claims of any third party affecting the use, title, occupancy or development of the Property, there are no parties other than Catholic Cemeteries in possession of any portion of the Property, and no person, firm or entity has any right of refusal, option or other right to acquire all or any part of the Property. b. Catholic Cemeteries has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. C. To the best of Catholic Cemeteries' knowledge without inquiry there are no septic systems or wells on the Property. d. Catholic Cemeteries represents that it has the requisite power and authority to enter into and perform this Agreement and any Catholic Cemeteries' Closing Documents signed by it. e. Catholic Cemeteries is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. f. To the best of Catholic Cemeteries' knowledge without inquiry, no above ground or underground tanks are located in or about the Property. g. Catholic Cemeteries makes no other warranties as to the condition of the Property. Wherever herein a representation is made "to the best of Catholic Cemeteries' knowledge," such representation is limited to the actual knowledge of the Director of Catholic Cemeteries. 4. Representations of City. As an essential part of this Agreement and in order to induce Catholic Cemeteries to enter into this Agreement and sell the Property, City hereby represents to Catholic Cemeteries: a. SUBJECT TO THE FOREGOING REPRESENTATIONS BY CATHOLIC CEMETERIES, CITY HEREBY ACKNOWLEDGES THAT CITY IS PURCHASING THE PROPERTY IN "AS IS" CONDITION. City acknowledges that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." b, City shall complete the construction of the new access driveway, retaining wall, landscaping and parking spaces on the Property more specifically defined herein. C. The City shall convey an Easement to Catholic Cemeteries allowing driveway access over the Property and the City Property between Assumption Cemetery and Xylon Avenue North. The representations set forth herein shall be incorporated into appropriate documents to be recorded against the Property (whether by Deed, Easement, or development agreement) subject to approval by Catholic Cemeteries and City as a condition of Closing. 5. Title Commitment and Policy. a. Catholic Cemeteries shall deliver to City a Commitment for an ALTA Form B owner's policy of title insurance (the "Commitment") issued by Midland Title ("Title Company") and covering title to the Property, in the amount requested by the City based upon the estimated value of the Property. City agrees to pay the costs associated with the preparation and issuance of the Commitment; City shall pay the premium for the owner's policy, if any, and the lender's policy. b. City shall have thirty (30) days after receipt of the Commitment to review and approve the title to the Property and to object to any exception to title that is disclosed in the Commitment or which is otherwise discovered by City. In the event that City does not within such thirty (30) day period give notice to Catholic Cemeteries objecting to any such exceptions, then all such exceptions shall be deemed approved and shall be considered a part of the Permitted Encumbrances. If City timely objects to an exception to title, then on or before the tenth (10) day following City's notice of exception, Catholic Cemeteries shall remove the exception or notify City that Catholic Cemeteries is unwilling or unable to remove the exception. Within five (5) days of any notice by Catholic Cemeteries that Catholic Cemeteries it is unable to remove an exception to title, City may elect by notice to Catholic Cemeteries to either: (i) terminate this Agreement; or (ii) elect to have this Agreement remain in effect, in which event City will be deemed to have approved the previously -cited exception and the same shall be considered part of the Permitted Encumbrances. 6. Closing. a. Closing shall occur on or before , 2019 (the "Date of Closing" or "Closing"), unless both parties agree, in writing, to an earlier or later time. b. Closing shall occur at the office of the Title Company. C. Catholic Cemeteries shall deliver at closing the following executed and acknowledged documents: (i) the Deed; (ii) affidavit(s) in industry -standard form(s) stating that possession of the Property is being delivered free of any mechanic's or statutory liens in connection with work performed prior to closing; Catholic Cemeteries is not a foreign person or entity; and addressing such other matters as City may reasonably require. d. City shall deliver to Catholic Cemeteries at closing the fully executed and acknowledged Easement Agreement. 7. Payments/Prorations. At Closing, City shall pay the cost of recording any instrument necessary to place title in the condition required under this Agreement, State Deed Tax, and all special assessments levied, pending or constituting a lien against the Property as of the Date of Closing, including without limitation any installments of special assessments and interest payable with general real estate taxes in the year of closing. Catholic Cemeteries will pay general real estate taxes payable in the year prior to the year of closing and all prior years. City shall pay at Closing the cost of the owner's policy of title insurance (if any), sales tax (if any) resulting from the Closing, the fees required for recording the Deed, the Purchase and Development Agreement, the Easement and all customary closing fees charged by the Title Company or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. General real estate taxes payable in the year of closing shall be prorated by Catholic Cemeteries and City as of the closing date based upon a calendar year. Each party shall pay its own attorney's fees. 8. Construction of Access Driveway and Related Improvements. City agrees that it will construct a new access driveway on the Property and the City Property to allow access between Xylon Avenue North and the Assumption Cemetery. This covenant shall survive the delivery of the Deed. a. The access driveway, retaining wall, landscaping and other related improvements described in this paragraph are referred to as the "Improvements." b. The Improvements shall consist of the following items and shall be constructed substantially in accordance with the Concept Plan attached as Exhibit D: (i) A new and wider access driveway for Assumption Cemetery of a width of approximately 22 feet ("Access Driveway"). (ii) Concrete curb and gutter for the Access Driveway and parking areas. (iii) A new and wider gate to Assumption Cemetery will be provided, including any required replacement fencing with the new gate. (iv) Parking at the top of the hill near the gate will allow for ADA access through the gate to Assumption Cemetery. (v) New terraced retaining walls will be constructed. Trees will be planted in the terracing between the walls to provide screening and as a barrier for vehicles using the Access Driveway. C. City shall comply with all recommendations of the City Engineer. 9. Terms of Easement. City agrees that it will convey an Easement to Catholic Cemeteries. City and Catholic Cemeteries agree to the following usage and maintenance terms to be incorporated into an Easement Agreement: a. Vehicles parking on the Access Driveway will be able to turn around at the top of the hill near the gate instead of backing down the driveway per the existing conditions. b. Assumption Cemetery parking will be allowed in the one-way traffic Access Driveway and parking along Xylon Avenue North. C. Catholic Cemeteries will be responsible for minor maintenance of the Access Driveway, including snow removal and lawn maintenance. d. City will be responsible for minor maintenance south of the Access Driveway within the one-way traffic access drive and parking areas. e. City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement) within the entire Easement Area. 4 10. Notices. All notices required hereunder shall be in writing and shall be deemed to have been duly given and received (a) two (2) business days after depositing of the same in the mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery if delivered by overnight courier service or hand delivery. Any party shall have the right to designate any other address for notice purposes by written notice to the other party in the manner aforesaid. The addresses of the parties are as follows: CATHOLIC CEMETERIES: The Catholic Cemeteries John M. Cherek 2105 Lexington Avenue South Mendota Heights, MN 55120 CITY: Economic Development Authority in and for the City of New Hope Kirk McDonald, Executive Director 4401 Xylon Avenue North New Hope, MN 55428-4898 with copy to: Stacy A. Woods, New Hope Assistant City Attorney Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 It. No Broker Involved. Catholic Cemeteries and City represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission.. 12. Assignment/Prohibition Against Transfer of Property. City may not assign its rights or obligations hereunder. Catholic Cemeteries may not assign its easement rights or obligations under the Easement to be conveyed to Catholic Cemeteries by the City. 13. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota. No amendment of this Agreement shall be valid or binding unless executed by authorized representatives of both Catholic Cemeteries and City. The headings and captions of this Agreement are for the convenience of the parties only and shall not be looked to in the interpretation or enforcement of this Agreement. Catholic Cemeteries and City acknowledge and agree that each has had opportunity to participate in the drafting of this Agreement and accordingly acknowledge and agree that this Agreement as a whole and each of is clauses are not to be interpreted in favor of or against either party. This Agreement may be signed in counterpart, with each copy of the Agreement binding upon the signing party at the time of signing and together which shall constitute a single document. 14. Survival. The Parties representations contained herein shall survive the delivery of the Deed. 5 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above date ("Effective Date"). CATHOLIC CEMETERIES: CITY: The Catholic Cemeteries, a Minnesota City of New Hope, a Minnesota municipal corporation corporation John M. Cherek Its: Director Dated: STATE OF MINNESOTA COUNTY OF 2018 ss. By: Kathi Hemken Its: Mayor Dated: By: Kirk McDonald Its: City Manager Dated: 2018 . 2018 The foregoing instrument was acknowledged before me this day of , 2018, by John M. Cherek, the Director of The Catholic Cemeteries, a Minnesota corporation, on behalf of said corporation. Notary Public STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of % 2018, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. DRAFTED BY, Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (763)424-8811 Notary Public 701 J E N SE N S O N D BALL 8525 EDINBROOK CROSSING, STE. 201 PERSELLIN&WOODS BROOKLYN PARK, MINNESOTA55443-1968 ■ ■ TELEPHONE (763) 424-8811 a TELEFAX (763) 493-5193 P.A., ATTORNEYS AT LAW www.jspWaw.com GORDON L. JENSEN' MELANIE P. PERSELLIN=1' VmvEN A. SONDRALL STAGY A. Woods' 'Real Property Law Specialist Certified By The Minnesota State Bar Association Licensed In Illinois/Colorado 3Qualified Neutral Mediator under Rule 114 Writer's Direct Dial No.: (763) 201-0265 e-mail saw@lspwlaw.com October 9, 2018 Kirk McDonald Jeff Sargent City of New Hope RE: Catholic Cemeteries Property next to New Hope City Hall Purchase and Development Agreement Dear Kirk and Jeff: Attached for your review and the review of the City Council is a proposed Purchase and Development Agreement ("Agreement"). This Agreement sets out the basic terms of Catholic Cemeteries conveying fee title of the parcel of property adjacent to the Assumption Cemetery and the Police Department parking lot (PID 18-118-21-12- 0001)("Property") to the City of New Hope. In exchange for the conveyance of the Property to the City via a Quit Claim Deed, the City will construct an access driveway, retaining wall, landscaping, and related improvements. The City will also convey an easement to Catholic Cemeteries. over the Property and the triangular City -owned parcel of property adjacent to the Property, permitting access to Xylon Avenue North. Stantec has prepared two drawings showing the proposed pool schematic and driveway access with parking for the Catholic Cemeteries. These drawings are preliminary drafts for discussion purposes only. These drawings will need to be approved by the City Council. The proposed improvements would provide the following benefits to Catholic Cemeteries: A new and wider access driveway for the cemetery. The current width is approximately 10' wide and the proposed width is 12' and 22' wide. 2. Concrete curb and gutter for the access driveway and parking areas. Vehicles parking on the access driveway will be able to turn around at the top of the hill near the gate -instead of backing down the driveway per the existing conditions. 4. A new and wider gate to the cemetery will be provided, including any required replacement fencing with the new gate. Page 2 5. Parking at the top of the hill near the gate will allow for ADA access through the gate to the cemetery. 6. New terraced retaining walls will be constructed. Trees will be planted in the terracing between the walls to provide screening and as a barrier for vehicles using the access driveway. 7. Catholic Cemetery parking will be allowed in the one-way traffic access drive and parking along Xylon Avenue North. 8. The proposed easement will allow cemetery access across the triangular city -owned property adjacent to Xylon Avenue North. The City also proposes the following property maintenance structure which will be incorporated into the Easement Agreement: 1. Catholic Cemeteries will be responsible for minor maintenance of the access driveway, including snow removal and lawn maintenance. 2. The City will be responsible for minor maintenance south of the access driveway within the one-way traffic access drive and parking areas. 3. The City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement) within the entire proposed easement area. Catholic Cemeteries has expressed its interest in this overall Agreement but must seek approval from its Board. Sincerely, Stacy A. Woods Assistant City Attorney, City of New Hope Enclosures cc: Steve Sondrall August 28, 2018 THE CATHOLIC CEMETERIES Mr. Steven Sondrall 8525 Edinbrook Crossing 2105 Lexington Ave. S. Suite 201 Mendota Heights, MN 55120 Brooklyn Park, MN 55443-1968 NeuN 651.228.9991 FAx 651.228.9995 www.catholic-cometaries.org Dear Steve: Thank you for sending us the drawings of the concept plan and related Calvary Cemetery information regarding the City of New Hope Driveway and Parking Plan for St. Paul Assumption Cemetery. Gethsemane Cemetery New Hope We are impressed with the potential improvements and are supportive of the Resurrection Cemetery overall concept. We also concur with the proposed property maintenance Mendota Heights plan. You have our agreement to move forward with the plan. St. Anthony's Cemetery Minneapolis We look forward to your purchase proposal and will work with the City of St. Mary's Cemetery New Hope to achieve a fair purchase price. Minneapolis Please accept my appreciation for including The Catholic Cemeteries in the process. If you need any information from The Catholic Cemeteries or have questions, please feel free to contact either one of us. We look forward to working with you and the City of New Hope. Very truly yours, THE CATHOLIC CEMETERIES foh M. Cherek Director JMC:eg ;) aA�-O- 94-f) Dave Kemp Strategic Planning & Project Manager -.r ti 1 1 .r Pool Maintenance Paring General Parking 4 C gIt i� NEW HOPE CEMETERY DRIVEWAY & PARKING CITY OF NEW HOPE 4 NEW HOPE POOL REPLACEMENT DATE: B17l2018 PROJ. NO.: 193804337 Cemetery Parking FIGURE 2 (.� Stantec o m 40 Z PRELIMINARY COST ESTIMATE CEMETERY PARKING LOT September 5, 2018 Summary CONSTRUCTION COST $101,112,00 CONTINGENCIES 10% $10,111.20 INDIRECT 20% $20,222.40 TOTAL COST $131,445.60 CEMETERY PARKING LOT IMPROVEMENTS PROJECT TOTAL ITEM NO. ITEM DISCRIPTION UNIT QNTY UNIT PRICE 1 MOBILIZATION (5%) LS 1 $ 4,800.00 $ 4,800.00 2 TRAFFIC CONTROL LS 1 $ 1,000.00 $ 1,000.00 3 REMOVE CONCRETE CURB & GUTTER LF 470 $ 3.50 $ 1,645.00 4 REMOVE TREE EA 5 $ 200.00 $ 1,000.00 5 REMOVE BITUMINOUS PAVEMENT SY 1,500 $ 2.00 $ 3,000.00 6 REMOVE RETAINING WALL LF 115 $ 20.00 $ 2,300.00 7 REMOVE CHAIN LINK FENCE LF 75 $ 10.00 $ 750.00 8 REMOVE SIGN EA 1 $ 50.00 $ 50.00 9 COMMON EXCAVATION CY 820 $ 4.00 $ 3,280.00 SELECT GRANULAR BORROW TN 540 $ 10.00 $ 5,400.00 11 AGGREGATE BASE, CLASS 5 TN 370 $ 15.00 $ 5,550.00 12 GEOTEXTILE FABRIC TYPE V SY 800 $ 2.50 $ 2,000.00 13 ISP 9.5 WEAR COURSE TN 160 $ 80.00 $ 12,800.00 14 BITUMINOUS MATERIAL FOR TACK COAT GAL 35 $ 3.00 $ 105.00 15 B618 CONCRETE CURB & GUTTER LF 554 $ 13.00 $ 7,202.00 16 12" RCP STORM SEWER LF 122 $ 35.00 $ 4,270.00 17 2'x3' CATCH BASIN EA 1 $ 1,500.00 $ 1,500.00 18 4' DIA. STORM SEWER CBMH EA 3 $ 2,000.00 $ 6,000.00 19 CONNECT TO EX STORM SEWER STRUCTURE EA 1 $ 1,000.00 $ 1,000.00 20 4" PARKING LOT STRIPING LF 30 $ 1.00 $ 30.00 21 RETAINING WALL SF 430 $ 45.00 $ 19,350.00 22 CHAIN LINK FENCE AND GATE EA 1 $ 5,000.00 $ 5,000.00 23 INLET PROTECTION EA 1 $ 300.00 $ 300.00 24 ROCK CONSTRUCTION ENTRANCE EA 1 $ 1,500.00 $ 1,500.00 25 BIOROLL LF 80 $ 4.00 $ 320.00 26 SILT FENCE LF 600 $ 2.00 $ 1,200.00 27 TOPSOIL BORROW CY 60 $ 25.00 $ 1,500.00 28 ISOD SY 540 $ 6.50 $ 3,510.00 29 IWOOD MULCH CY 30 $ 25.00 $ 750.00 30 TREE EA 8 $ 500.00 $ 4,000.00 TOTAL ESTIMATED CONSTRUCTION COST $ 101,112.00 10% DESIGN CONTINGENCY $ 10,111.20 20% INDIRECT COST $ 20,222.40 TOTAL ESTIMATED PROJECT COST $ 131,445.60 Request for Action Agenda Section Development & January 14, 2019 Planning Approved by: Kirk McDonald, City Manager Item Number Originating Department: Community Development 8.6 By: Jeff Sargent, Director Agenda Title Resolution authorizing the execution of a purchase and development agreement with the Catholic Cemeteries for the acquisition and development of property adjacent to the city's new pool development Requested Action Staff requests the City Council to approve the resolution approving the Purchase and Development Agreement with Catholic Cemeteries for the acquisition of the Assumption Cemetery property in conjunction with the construction of the new municipal pool. Policy/Past Practice It is past practice for the City Council to approve Purchase and Development Agreements prior to acquiring property in conjunction with city projects. Background At the October 15, 2018 work session meeting, staff discussed the possibility of acquiring the Assumption Cemetery property from Catholic Cemeteries, as part of the master Civic Park pool and park area, and the Council was supportive of the concept. As previously disclosed to the City Council, a portion of the north city hall parking lot is located on property owned by the Catholic Cemeteries (Assumption Cemetery), and an easement was granted to the city in 1991 for parking lot purposes. The easement allowed the cemetery to utilize the parking lot in the event of burials, and required that two (2) parking spaces be reserved for the cemetery for maintenance/visitor purposes. There are very few burials that take place at the cemetery, with the majority of the traffic being gravesite visitors. Through the planning process for the new municipal pool facility, staff determined that the location of the proposed mechanical building for the pool would be located almost entirely on the Catholic Cemeteries property (please see the attached information for location of the property and the proposed location of the building). After this determination was made, staff looked into the possibility of purchasing the parking lot portion of the Catholic Cemeteries property in order to obtain better control of the property. Staff would be more comfortable with constructing a building on city -owned property rather than amending a current easement agreement to allow for the construction of the building. City staff, along with the city attorney, engaged in conversations with representatives from Catholic Cemeteries regarding the potential purchase of the property. When the discussions concluded, Catholic Cemeteries agreed, in principle, to give the property to the city via a Quit Claim Deed in exchange for the construction of an improved access driveway, retaining wall, landscaping and other related improvements. On December 13, 2018 the Catholic Cemeteries Board of Directors met and approved the sale of the property to the city of New Hope. As part of the sale of the land, Catholic Cemeteries will be granted an easement for the use of the property so they can continue to use the property in the same manner they have been since 1991. I:\RFA\COMM DEV\2019\Council Meetings\1-14-19 Catholic Cemeteries PDA\Q & R - Assuption Cemetery Purchase Agreement 1-14-19.docx Request for Action, Page 2 Improvements and Easements The north parking lot at city hall will be reconfigured through the design of the new municipal pool improvements. The attached site plan depicts some of the improvements to the current Catholic Cemeteries property, including: • A new and wider access driveway for Assumption Cemetery of a width of approximately 22 feet • Concrete curb and gutter for the access driveway and parking areas • A new and wider gate to access the cemetery, including any required replacement fencing • A larger parking area at the top of the hill near the gate that will allow for ADA access through the gate to Assumption Cemetery ■ New terraced retaining walls will be constructed. Trees will be planted in the terracing sections between the walls to provide screening and as a barrier for vehicles using the access driveway. In total, the estimated cost to the city for these improvements is $131,400. As stated previously, the terms of the easement granted to Catholic Cemeteries would allow the cemetery to use the property as they currently are. The specific terms are as follows: • Vehicles would be allowed to park in the parking spaces provided on the access driveway • Assumption Cemetery parking will be allowed in the one-way traffic access driveway and parking along Xylon Avenue North • Catholic Cemeteries will be responsible for minor maintenance of the access driveway, including snow removal and lawn maintenance • City will be responsible for minor maintenance south of the access driveway within the one-way traffic access drive and parking areas • City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement) within the entire easement area Funding The $131,400 cost for the improvements to the cemetery property is included with the overall pool construction costs, which are being paid for with bond proceeds. Recommendation The city attorney, and attorneys representing Catholic Cemeteries have reviewed and approved the attached purchase and development agreement. Staff recommends that the City Council approve the Purchase and Development agreement, agreeing to purchase the subject property from Catholic Cemeteries. Attachments • Resolution • Draft Purchase and Development Agreement • Exhibit A, C and D of the Purchase and Development Agreement • Location Map • Site Plan • Estimate of Costs for the New Improvements (Stantec) RESOLUTION NO. 19- 13 RESOLUTION AUTHORIZING THE EXECUTION OF A PURCHASE AND DEVELOPMENT AGREEMENT WITH THE CATHOLIC CEMETERIES FOR THE ACQUISITION & DEVELOPMENT OF PROPERTY ADJACENT TO THE CITY'S NEW POOL DEVELOPMENT BE IT RESOLVED by the City Council of the City of New Hope as follows: WHEREAS, the City of New Hope, Minnesota ("City") desires to acquire a parcel of property adjacent to the existing police department and the future site of the City pool development located in the City of New Hope, Minnesota at unassigned address, identified as PID Nos. 18-118-21-12-0001, County of Hennepin, State of Minnesota (the "Property"), as legally described in attached Exhibit A from The Catholic Cemeteries, a Minnesota corporation ("Catholic Cemeteries") for the new City pool and park development purposes; WHEREAS, the City proposes to acquire the Property from Catholic Cemeteries in accordance with the terms set forth in the Purchase and Development Agreement attached hereto as Exhibit A; WHEREAS, the plans prepared by the City Engineer Stantec include a mechanical building for the new pool facilities to be placed on the Property; WHEREAS, in exchange for deeding the Property to the City, the City agrees to: (1) grant a perpetual easement to Catholic Cemeteries over a portion of the Property and the adjacent triangular parcel currently owned by the City which allows access to Xylon Avenue North, identified as Property Tax Identification Number 18-118-21-11-0011; and (2) construct a new access driveway to the cemetery adjacent to the Property including a retaining wall, landscaping and parking spaces on the Property; WHEREAS, the City and Catholic Cemeteries desire to enter into a Purchase and Development Agreement according to the terms set forth in the Purchase and Development Agreement attached hereto as Exhibit A; WHEREAS, the Board of Directors of Catholic Cemeteries approved the Purchase and Development Agreement at the December 13, 2018 Board meeting; WHEREAS, the City hereby approves the Purchase and Development Agreement attached as Exhibit A, it being in the best interest of the City to successfully close on the acquisition of the Property from Catholic Cemeteries in exchange for the City conveying an easement to Catholic Cemeteries and making certain improvements which will benefit Catholic Cemeteries pursuant to the terms and conditions set forth therein; and WHEREAS, the Purchase and Development Agreement specifies various documents that will be delivered at closing, including the easement agreement. WHEREAS, the proposed sale is in compliance with the City's Comprehensive Municipal Plan. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of New Hope as follows: 1. That the above recitals are incorporated herein by reference. 2. That the sale of the Property by Catholic Cemeteries to the City for valuable consideration in the form of conveyance of easement rights and City undertaking certain development obligations, with other terms and conditions as set forth in the Purchase and Development Agreement attached hereto as Exhibit A, is approved, it being in the best interest of the City to successfully close on the acquisition of the Property from Catholic Cemeteries to facilitate the development of the City pool facility which will be an asset to the City and its residents and will further the City's plan of economic development. 3. The Mayor and City Manager are hereby authorized and directed to sign the Purchase and Development Agreement and all other necessary and appropriate documents to complete the acquisition of the Property from Catholic Cemeteries in accordance with the terms of said Purchase and Development Agreement attached hereto as Exhibit A. 4. The City Engineer is directed to prepare a legal description for the easement area. Dated the 14th day of January, 2019. Kathi H6ken, Mayo Attest: 0�f Valerie Leone, City Clerk PURCHASE AND DEVELOPMENT AGREEMENT This Purchase and Development Agreement ("Agreement") is made by and between The Catholic Cemeteries, a Minnesota corporation ("Catholic Cemeteries"), and the City ofNew Hope, a Minnesota municipal corporation ("City") effective January L4 , 2019. In consideration of the covenants and agreements of the respective parties as hereinafter set forth, Catholic Cemeteries shall sell and City shall purchase the vacant parcel of real property located in the City of New Hope at Xylon Avenue North adjacent to the New Hope City Hall and Assumption Cemetery properties, Property Identification Number 18-118-21-12-0001 which is legally described and graphically depicted in the attached Exhibit A ("the "Property"). 1. Title Conveyed. For valuable consideration as set forth herein, on the Date of Closing, Catholic Cemeteries shall deliver a Quit Claim Deed (the "Deed") to City conveying marketable title of record, free and clear of liens, encumbrances, assessments, and restrictions, except for the "Permitted Encumbrances" set forth on Exhibit B. 2. Easement Conveyed. For valuable consideration as set forth herein, on the Date of Closing, City shall deliver an Easement Agreement (the "Easement") to Catholic Cemeteries conveying certain easement rights over a portion of the Property and the adjacent triangular parcel currently owned by the City which is adjacent to Xylon Avenue North and allows access to Xylon Avenue North, identified as Property Tax Identification Number 18-118-21-11-0011 ("City Property") which easement area is graphically depicted in the attached Exhibit C ("Easement Area"). 3. Representations of Catholic Cemeteries. Catholic Cemeteries represents and agrees as follows: a. Catholic Cemeteries is the fee owner of the Property and has the right to sell the same, and that there are no unrecorded contracts, leases, easements or other agreements or claims of any third party affecting the use, title, occupancy or development of the Property, there are no parties other than Catholic Cemeteries in possession of any portion of the Property, and no person, firm or entity has any right of refusal, option or other right to acquire all or any part of the Property. b. Catholic Cemeteries has not received any notice from any governmental authority concerning any eminent domain, condemnation, special taxing district, or rezoning proceedings. C. To the best of Catholic Cemeteries' knowledge without inquiry there are no septic systems or wells on the Property. d. Catholic Cemeteries represents that it has the requisite power and authority to enter into and perform this Agreement and any Catholic Cemeteries' Closing Documents signed by it. e. Catholic Cemeteries is not a "foreign person," "foreign partnership," "foreign trust" or "foreign estate" as those terms are defined in Section 1445 of the Internal Revenue Code. f. To the best of Catholic Cemeteries' knowledge without inquiry, no above ground or underground tanks are located in or about the Property. g. Catholic Cemeteries makes no other warranties as to the condition of the Property. Wherever herein a representation is made "to the best of Catholic Cemeteries' knowledge," such representation is limited to the actual knowledge of the Director of Catholic Cemeteries. 4. Representations of City. As an essential part of this Agreement and in order to induce Catholic Cemeteries to enter into this Agreement and sell the Property, City hereby represents to Catholic Cemeteries: a. SUBJECT TO THE FOREGOING REPRESENTATIONS BY CATHOLIC CEMETERIES, CITY HEREBY ACKNOWLEDGES THAT CITY IS PURCHASING THE PROPERTY IN ITS "AS IS" CONDITION. City acknowledges that they have inspected or have had the opportunity to inspect the Property and agree to accept the Property "AS IS." b. City shall complete the construction of the new access driveway, retaining wall, landscaping and parking spaces on the Property more specifically defined herein, and as agreed upon between the parties (the "Development Plan"). C. The City shall convey a perpetual Easement to Catholic Cemeteries allowing driveway access over the Property and the City Property between Assumption Cemetery and Xylon Avenue North. The Easement shall be binding upon successors and assigns and shall run with the land. The representations set forth herein shall be incorporated into appropriate documents to be recorded against the Property (whether by Deed, Easement, or development agreement) subject to approval by Catholic Cemeteries and City as a condition of Closing. 5. Title Commitment and Policy. a. Catholic Cemeteries shall deliver to City a Commitment for an ALTA Form B owner's policy of title insurance (the "Commitment") issued by Midland Title ("Title Company") and covering title to the Property, in the amount requested by the City based upon the estimated value of the Property. City agrees to pay the costs associated with the preparation and issuance of the Commitment; City shall pay the premium for the owner's policy, if any. b. City shall have thirty (3 0) days after receipt of the Commitment to review and approve the title to the Property and to object to any exception to title that is disclosed in the Commitment or which is otherwise discovered by City. In the event that City does not within such thirty (30) day period give notice to Catholic Cemeteries objecting to any such exceptions, then all such exceptions shall be deemed approved and shall be considered a part of the Permitted Encumbrances. If City timely objects to an exception to title, then on or before the tenth (10) day following City's notice of exception, Catholic Cemeteries shall remove the exception or notify City that Catholic Cemeteries is unwilling or unable to remove the exception. Within five (5) days of any notice by Catholic Cemeteries that Catholic Cemeteries it is unable to remove an exception to title, City may elect by notice to Catholic Cemeteries to either: (i) terminate this Agreement; or (ii) elect to have this Agreement remain in effect, in which event City will be deemed to have approved the previously -cited exception and the same shall be considered part of the Permitted Encumbrances. 6. Closing. a. Closing shall occur on or before February 28, 2019 (the "Date of Closing" or "Closing") and may be handled by delivery of documents by the parties. b. Catholic Cemeteries shall deliver at closing the following executed and acknowledged documents: (i) the Deed; (ii) affidavit(s) in industry -standard form(s) stating that possession of the Property is being delivered free of any mechanic's or statutory liens in connection with work performed prior to closing; Catholic Cemeteries is not a foreign person or entity; and addressing such other matters as City may reasonably require. C. City shall deliver to Catholic Cemeteries at Closing the fully executed and acknowledged Easement Agreement. d. City shall deliver the Development Plan approved by the parties 7. Payments/Prorations. At Closing, City shall pay the cost of recording any instrument necessary to place title in the condition required under this Agreement, State Deed Tax, and all special assessments levied, pending or constituting a lien against the Property as of the Date of Closing, including without limitation any installments of special assessments and interest payable with general real estate taxes in the year of closing. Catholic Cemeteries will pay general real estate taxes payable in the year prior to the year of closing and all prior years. City shall pay at Closing the cost of the owner's policy of title insurance (if any), sales tax (if any) resulting from the Closing, the fees required for recording the Deed, the Purchase and Development Agreement, the Easement and all customary closing fees charged by the Title Company or other closing agent, if any, utilized to close the transaction contemplated by this Agreement. General real estate taxes payable in the year of closing shall be prorated by Catholic Cemeteries and City as of the closing date based upon a calendar year. Each party shall pay its own attorney's fees. 8. Construction of Access Driveway and Related Improvements. City agrees that it will construct a new access driveway on the Property and the City Property to allow access between Xylon Avenue North and the Assumption Cemetery. This covenant shall survive the delivery of the Deed. a. The access driveway, retaining wall, landscaping and other related improvements described in this paragraph are referred to as the "Improvements." b. The Improvements shall consist of the following items and shall be constructed substantially in accordance with the Concept Plan attached as Exhibit D: (i) A new and wider access driveway for Assumption Cemetery ranging in width from approximately 12 feet to 22 feet ("Access Driveway"). (ii) Concrete curb and gutter for the Access Driveway and parking areas. (iii) A new and wider gate to Assumption Cemetery will be provided, including any required replacement fencing with the new gate. (iv) Parking at the top of the hill near the gate will allow for ADA access through the gate to Assumption Cemetery. (v) New terraced retaining walls will be constructed. Trees will be planted in the terracing between the walls to provide screening and as a barrier for vehicles using the Access Driveway. C. City shall comply with all recommendations of the City Engineer. 9. Terms of Easement. City agrees that it will convey an Easement to Catholic Cemeteries. City and Catholic Cemeteries agree to the following usage and maintenance terms to be incorporated into an Easement Agreement: a. Vehicles parking on the Access Driveway will be able to turn around at the top of the hill near the gate instead of backing down the driveway per the existing conditions. b. Assumption Cemetery parking will be allowed in the one-way traffic Access Driveway and parking along Xylon Avenue North. C. Catholic Cemeteries will be responsible for minor maintenance of the Access Driveway, including snow removal and lawn maintenance. d. City will be responsible for minor maintenance south of the Access Driveway within the one-way traffic access drive and parking areas. e. City will be responsible for any future pavement and curb maintenance (i.e. patching, replacement) within the entire Easement Area. 4 10. Notices. All notices required hereunder shall be in writing and shall be deemed to have been duly given and received (a) two (2) business days after depositing of the same in the mail if sent by regular, registered or certified mail, postage prepaid, to the party to whom directed, at such party's address herein set forth; or (b) upon delivery, or attempted delivery if delivered by overnight courier service or hand delivery. Any party shall have the right to designate any other address for notice purposes by written notice to the other party in the manner aforesaid. The addresses of the parties are as follows: CATHOLIC CEMETERIES: The Catholic Cemeteries Joan Gecik 2105 Lexington Avenue South Mendota Heights, MN 55120 CITY: Economic Development Authority in and for the City of New Hope Kirk McDonald, Executive Director 4401 Xylon Avenue North New Hope, MN 55428-4898 with copy to: Stacy A. Woods, New Hope Assistant City Attorney Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 11. No Broker Involved. Catholic Cemeteries and City represent and warrant to each other that there is no broker involved in this transaction with whom it has negotiated or to whom it has agreed to pay a broker commission.. 12. Assignment/Prohibition Against Transfer of Property. Neither the City nor the Catholic Cemeteries may assign its rights or obligations under this Agreement without the written consent of the other. 13. Miscellaneous. This Agreement shall be governed by the laws of the State of Minnesota. No amendment of this Agreement shall be valid or binding unless executed by authorized representatives of both Catholic Cemeteries and City. The headings and captions of this Agreement are for the convenience of the parties only and shall not be looked to in the interpretation or enforcement of this Agreement. Catholic Cemeteries and City acknowledge and agree that each has had opportunity to participate in the drafting of this Agreement and accordingly acknowledge and agree that this Agreement as a whole and each of is clauses are not to be interpreted in favor of or against either party. This Agreement may be signed in counterpart, with each copy of the Agreement binding upon the signing party at the time of signing and together which shall constitute 'a single document. 14. Survival. The Parties representations contained herein shall survive the delivery of the Deed. IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above date ("Effective Date"). CATHOLIC CEMETERIES: CITY: The Catholic Cemeteries, a Minnesota City of New Hope, a Minnesota municipal corporation corporation By: 2 By: e ►N1t P�,� Joan Gecik Kathi en Its: Director Dated: January , 2019 STATE OF MINNESOTA ss. COUNTY OF Its: Mayor Dated: Jari<y , 2019 k6By:� Kirk McDonald Its: City Manager Dated: January, 2019 The foregoing instrument was acknowledged before me this _ day of January, 2019, by Joan Gecik, the Director of The Catholic Cemeteries, a Minnesota corporation, on behalf of said corporation. STATE OF MINNESOTA ) Notary Public ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2019, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of!=ida7lration. Notary Public DRAFTED BY: Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 763 424-8811 `x"°P# q" I)VALERIE J LE ONE Notary Public -Minnesota + Ywr My COmmlaslon Expires an 31, 2020 IN WITNESS WHEREOF, the parties have executed this Agreement effective as of the above date ("Effective Date"). CATHOLIC CEMETERIES: The Catholic Cemeteries, a Minnesota corporation BBye eci Its: Director CITY: City of New Hope, a Minnesota municipal corporation Kathi Hemken Its: Mayor Dated: January, 2019 Dated: January , 2019 Kirk McDonald Its: City Manager Dated: January , 2019 STATE OFMINNESOTA )a DAVID J. KEMP ., ?tir-2} NOTARY PUBLIC-MINNESOTA SS. . Icy Commission Expires COUNTY OF �a�a�� ) T''� 7�.;;Y,.:� January 31, 2020 r k The foregoing instrument was acknowledged before me this_ day of January, 2019, by Joan Gecik, the Director of The Catholic Cemeteries, a Minnesota corporation, on behalf of said corporation. d� Notary Public IJ STATE OF MINNESOTA ) ss. COUNTY OF HENNEPIN ) The foregoing instrument was acknowledged before me this day of January, 2019, by Kathi Hemken and Kirk McDonald, the Mayor and City Manager, respectively, of the City of New Hope, a Minnesota municipal corporation, on behalf of said municipal corporation. Notary Public DRAFTED BY. - Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, #201 Brooklyn Park, MN 55443 (763)424-8811 Exhibit A Legal Description and Graphic Depiction See attached. Exhibit B Permitted Encumbrances 1. Restrictions, reservations, covenants and easements relating to use or improvement of the Property without effective forfeiture provisions of record on the Effective Date; 2. Building'and zoning laws, ordinances, city, state and federal regulations; 3. Governmental regulations, if any, affecting the use and occupancy of the Property; 4. All rights in public highways upon the land; 5. Easements for public rights -of -way and public and private utilities, which do not interfere with present improvements; 6. Reservations to the State, in trust for the taxing districts concerned, of minerals and mineral rights in those portions of the Property the title to which may have at any time heretofore been forfeited to the State for nonpayment of real estate taxes. 7. The lien of unpaid special assessments, if any, not presently payable but to be paid as a part of the annual taxes to become due; 8. The lien of unpaid real estate taxes, if any, not presently payable but to be paid as part of the annual taxes to become due. Exhibit C Easement Area — Graphic Depiction See attached. Exhibit D City's Proposed Concept Plan See attached. P:\Attorney\SAS\1 Client Files\2 City of New Hope\99-11426 Catholic Cemeteries Property near City Hall\Purchase and Development Agreement - Catholic-Cemeteriesv2.docx 10 Hennepin County Property Map Date: 10/5/2018 yS, r ft 4. at •!4i i _ � �?� - ail ��':;- .• - _ , �`L[ ��� ' /ar , 4V�o A;mrl }.t•,,`• `' 1 inch = 50 feet PARCEL ID: 1811821120001 OWNER NAME: The Catholic Cemeteries PARCEL ADDRESS:86 Address Unassigned, New Hope MN 00000 PARCEL AREA: 0.26 acres, 11,305 sq ft A T B: Abstract SALE PRICE: SALE DATA: SALE CODE: ASSESSED 2017, PAYABLE 2018 PROPERTY TYPE: Commercial -Preferred HOMESTEAD: Non -Homestead MARKET VALUE: $0 TAX TOTAL: $0.00 ASSESSED 2018, PAYABLE 2019 PROPERTY TYPE. Commercial -preferred HOMESTEAD: Nan -homestead MARKET VALUE: $0 Comments: This data (I) is furnished 'AS 1S' with no representation as i❑ rxrrnpfeteness or aocuracy; (ii) Is furnished Vth no worrentyafanykind; and(Ill) is notsullabie for lags!, anglneering or surveying purposes. Hennapin County steals nal be Pablo for arty damage, lnpryorlossresulting from this data. COPYRIGHT Q HENNEPIN COUNTY 2018 EXHIBIT ,That part of the Northwest quarter of the Northeast quarter (NW1%4 of'NE1/4) of Section .18, Township'118, Mange 21 described as foll,owsc' Commencing at a point on the north line a distance of l00'feet west of the northeast corner of said Northwest quarter of the Northeast quarter; thence south at right angles to said north line of the Northwest quarter of the North- i east quarter a distance of 98 feet to an interaection with a line (hereinafter described as Line A) drawn at right angles to the following described line; Commencing at the Southwest corner of the Northeast quarter of the Northeast quarter of Section 1$, Township 118, .Mange 21; thence North along the West line of said Northeast quarter of the Northeast quarter of Section 18, Township 118, Range 21 to a Point 305 feet South of the Northwest corner of said Northeast quarter of the Northeast quarter of Section 18, 'Township 118, Range 21 which ie a point of curvature and is the point of beginning; thence Northeasterly along a circular curve having a deflection to the right of 16o 581 and a radius of 525 feet, a distance of 149, 79 feet to a point of tangency; thence Northeasterly along a tangent having a length of 176.64 feet to a point of curvature; thence North- eaaterly._along a circular curve having a deflection angle to the right of 74o00' and a .radius of 100 feet to a point of tangency lying on the Nortli line of said Northeast quarter of the Northeast quarter of •Section. 18; Township 118, Range 21 a distance of 171. 15 feet last, of the _Northwest corner of said Northeast quarter of the Northeast quarter of Section 18, Township 118, Range 21 and there terminating; - thence 800' fheasterly along said. Line A to the East line of the. said Northwest quarter of the -Northeast quarter; ifience North along the said East ltne'of the Nor,thwv A,:quarter of the Northeas•t•quartgr to the Northeast corner • thereof; _ thence'West ;along the said North line of the Northwest quarter of the North- east quarter a distance Of- 160 feet to the Point of beginning. Nenhcp;r, Cris f•'+vttroa Pool ftainteriince Cemetery Parking Cemetery 4 NEW HOPE CEMETERY DRIVEWAY & PARKING 2 t FIGURE Jill CITY OF NEW HOPE 4 Stantec NEW HOPE POOL REPLACEMENT D z 40 -1 DATE. 8/7/2018 PROD.NO.: 193BM7 0 ,r _ owa Xylon Ave IN CEMETERY ACCESS DRIVEWAY AND PARKING CITY OF NEW HOPE Stantec 0 M 90 Z1y�Yw NEW HOPE POOL REPLACEMENT DATE: 8/14/2018 PROJ. NO.:193804337 Not,w #' i n ►o# r �w • r-I ft&M dAL t New Hope Outdoor Pool Schematic Design Cost Estimate - Revised Layout with Smaller Current Channel C$, Stantec and Shallow Water Pool 50 Meter 8-Lane Competition Pool with 1 M, 3M; Multiuse Shallow Water Pool with Current Channel, Tot, Young Children's Play, and Multi -use Area; Plunge Pool with Water Slides 10/10/2018 by JRM 2019 Bid Item Description Uni s Quan Unit Price cost Tofals A. Aquatic Facilities 1 Multipurpose Shallow Water Pool sq. ft. 6,644 $200 $1,328,800 2 Current Channel sq. ft. 2,250 $200 $450,000 3 5' x 8' Pool Stair w/ Rails each 2 $30,000 $60,000 4 Shallow Pool and Seating Area Soil Correction lump sum 1 $250,000 $250,000 5 50 Meter 8-Lane Competition/Multipurpose Pool sq. ft. 10,800 $200 $2,160,000 6 Helical Piers with Structural Pool Floor & Structural Deck with soil correction Lump Sum 1 $510,560 $510,560 7 8' x 8' Pool Stair w/ Rails each 1 30,000 $30,000 8 ADA Pool Handicap Ramp w/ Rails (260 sq, ft.) each 1 $80,000 $80,000 9 3M Diving Board lump sum 1 $37,200 $37,200 10 1M Diving Board lump sum 1 $21,300 $21,300 11 Shallow Water Play Features lump sum 1 $53,000 $53,000 12 Shallow Water Play Structure lumpsum 1 $138,000 $138,000 13 Combo Body Slide High and Fast Slide lump sum I $425,000 $425,000 $5,543,860 B. Site Development 1 Pool decks, deck drains, piping and walks, etc. sq.ft. 28,937 $11 $318,307 2 8' Perimeter Fencing (vinyl coated) lin. ft. 1,100 $50 $55,000 3 Rope Barriers lin. ft, Boo $40 $32,000 4 Shade Umbrellas each 5 $15,000 $75,000 5 Sod w/ Topsoil S.Y. 2,500 $8 $20,000 6 Ground Landscape sq. ft. 6,960 $25 $174,000 7 Tree each 18 $550 $9,900 8 Sound System lump sum 1 $25,000 $25,000 9 Irrigation System sqA 25,000 $1.80 $45,000 10 Deck Hose Bibb System lump sum 1 $18,000 $18,000 11 General Excavation (general cut and fill on -site) lump sum 1 $60,000 $60,000 12 General Grading lump sum 1 $50,000 $50,000 13 Drain Tile and Pump Pit lump sum 1 $77,000 $77,000 14 Silt Fence lin. ft. 2,000 $5 $10,000 $969,207 C. Building 1 Bathhouse/Staff/Concession Building (40' x 150') sq. ft. 5,400 $400 $2,160,000 2 Helical Piers with Structural Slab Floor and soil correction Lump Sum 1 $322,000 $322,000 3 Pool Mechanical Building (30' x 50') sq. ft. 1,400 $340 $476,000 4 Surge Tank ( 30' x 18' x 10 ft. deep buried below ground) lump sum 1 $50,000 $50,000 $3,008,000 D. Support 1 Sanitary Sewer, Storm Sewer and Water Services lump sum 1 $40,000 $40,000 2 Cemetery and Pool Mechanical Access, and Parking Improvements lump sum 1 $105,749 $105,749 3 Pool Retaining Wall and Landscaping adjacent to Cemetery lump sum 1 $62,851 $62,851 $208,600 Subtotal $9,729,667 10% Contingency $972,967 Estimated Construction Cost $10,702,634 Soft Costs (Soil Borings and Construction Testing, Design and Bidding Fees, Construction Administration, Special Inspections, Permits) (13%) $1,391,342 Owner's Direct Purchase Items (Allowance)* $150,000 Total 2019 Project Cost $12,243,976 Note*: Shade Structures, Deck Chaise Lounges, Deck Chairs, Swim Lane Float Lines, Safety Float Lines, Line Storage Reels, ADA Lift, Portable Lifeguard Chairs, Pool Safety Slgnage, Security System E. Potential Alternate Bids Item Description 1'PSI 1 Vortex Pool 172,000 2 Drop Slide 111,000 3 Climbing Wall 21000 4 Water Walk 60,000 5 Basketball Accessories 11,000 6 Competition Pool Water Play Features (Wibit) 21,000 7 (3) Additional Shade Umbrellas 50,000 8 (2) Fabric Picnic/Rental Shelters (10'x20') 44,000 Total 2019 Alternate Cost 490,000 PRELIMINARY COST ESTIMATE CEMETERY PARKING LOT September 5, 2018 Summary CONSTRUCTION COST $101,112.00 CONTINGENCIES (10%) $10,111.20 INDIRECT (20%) $20,222.40 TOTAL COST $131,445.60 CEMETERY PARKING LOT IMPROVEMENTS PROJECT TOTAL ITEM NO. ITEM DISCRIPTION UNIT QNTY UNIT PRICE 1 MOBILIZATION (5%) LS 1 $ 4,800.00 $ 4,800.00 2 TRAFFIC CONTROL LS 1 $ 1,000.00 $ 1,000.00 3 REMOVE CONCRETE CURB & GUTTER LF 470 $ 3.50 $ 1,645.00 4 REMOVE TREE EA 5 $ 200.00 $ 1,000.00 5 REMOVE BITUMINOUS PAVEMENT SY 1,500 $ 2.00 $ 3,000.00 6 REMOVE RETAINING WALL LF 115 $ 20.00 $ 2,300.00 7 REMOVE CHAIN LINK FENCE LF 75 $ 10.00 $ 750.00 8 REMOVE SIGN EA 1 $ 50.00 $ 50.00 9 COMMON EXCAVATION CY 820 $ 4.00 $ 3,280.00 10 SELECT GRANULAR BORROW TN 540 $ 10.00 $ 5,400.00 11 AGGREGATE BASE, CLASS 5 TN 370 $ 15.00 $ 5,550.00 12 GEOTEXTILE FABRIC TYPE V SY 800 $ 2.50 $ 2,000.00 13 SP 9.5 WEAR COURSE TN 160 $ 80.00 $ 12,800.00 14 BITUMINOUS MATERIAL FOR TACK COAT GAL 35 $ 3.00 $ 105.00 15 13618 CONCRETE CURB & GUTTER LF 554 $ 13.00 $ 7,202.00 16 12" RCP STORM SEWER LF 122 $ 35.00 $ 4,270.00 17 2'x3' CATCH BASIN EA 1 $ 1,500.00 $ 1,500.00 18 N DIA. STORM SEWER CBMH EA 3 $ 2,000.00 $ 6,000.00 19 CONNECT TO EX STORM SEWER STRUCTURE EA 1 $ 1,000.00 $ 1,000.00 20 4" PARKING LOT STRIPING LF 30 $ 1.00 $ 30.00 21 RETAINING WALL SF 430 $ 45.00 $ 19,350.00 22 CHAIN LINK FENCE AND GATE EA 1 $ 5,000.00 $ 5,000.00 23 INLET PROTECTION EA 1 $ 300.00 $ 300.00 24 IROCK CONSTRUCTION ENTRANCE EA 1 $ 1,500.00 $ 1,500.00 25 BIOROLL LF 80 $ 4.00 $ 320.00 26 SILT FENCE LF 600 $ 2.00 $ 1,200.00 27 TOPSOIL BORROW CY 60 $ 25.00 $ 1,500.00 28 SOD SY 540 $ 6.50 $ 3,510.00 29 IWOOD MULCH CY 30 $ 25.00 $ 750.00 30 ITREE EA 8 $ 500.00 $ 4,000.00 TOTAL ESTIMATED CONSTRUCTION COST $ 101,112.00 10% DESIGN CONTINGENCY $ 10,1 11.20 20% INDIRECT COST $ 20,222.40 TOTAL ESTIMATED PROJECT COST $ 131,445,60 Valerie Leone From: Stacy A. Woods <saw@jspwlaw.com> Sent: Friday, April 19, 2019 3:19 PM To: Valerie Leone Subject: RE: Catholic Cemeteries; your file 99.-11426 Hi Val, We aren't going to record the Purchase Agreement. We'll document the easement rights in an Easement Agreement which I'm drafting, which will be recorded. I have a copy of the signed Purchase Agreement, but it's not an original signature of Catholic Cemeteries. This is okay since we're not recording it. Thanks, Stacy Woods Stacy A. Woods* .JENSEN SONDRALL PERSELLIN & WOODS. P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 Phone (76 3) 424-881 1 Fax (763) 493-5193 Direct (763) 201-0265 Cell (612) 501-0494 Saw@is iaw.coin *MSBA Board Certified Real Property Law Specialist JENSINSONDRALL ■ ■ P.A., ATTORNEYS AT LAW APlease consider the environment before printing this e-mail. WARNING: Actual receipt of E-Mail communications should not be assumed. E-Mail communications maybe intercepted or inadvertently misdirected. The American Bar Association deems E-Mail a valid authorized form of communication between lawyer and client, however security of this E-Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E-Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. If you received this communication in error, please immediately notify sender via E-Mail reply. From: Valerie Leone <vleone@newhopemn.gov> Sent: Friday, April 19, 2019 11:57 AM To: Stacy A. Woods <saw@jspwlaw.com> Subject: Catholic Cemeteries; your file 99.-11426 Valerie Leone From: Stacy A. Woods <saw@jspwlaw.com> Sent: Friday, June 21, 2019 3:35 PM To: Valerie Leone; Jeff Sargent; Jeff Alger; Bernie Weber; Susan Rader; Boyum, Dan Cc: Steven Sondrall Subject: The Catholic Cemeteries - City of New Hope - Recorded deed and easements - Assumption Cemetery Attachments: Recorded quit claim deed for parcel 18-118-21-12-0001.pdf; Recorded Driveway Easement.pdf; Recorded Parking Easement.pdf Good afternoon, y Attached is the recorded Quit Claim Deed for the parcel where the pool mechanical building will be loca ed. Also attached are the driveway and parking easements relating to the City property near Assumption Cemete Thanks, Stacy Woods Stacy A. Woods* JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 Phone (763) 424-8811 Fax (763) 493-5193 Direct (763) 201-0265 Cell (612) 501-0494 saw@jspwiaw.com *MSBA Board Certified Real Property Law Specialist JENSENSDNDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT 1AW APlease consider the environment before printing this e-mail. WARNING: Actual receipt of E-Mail communications should not be assumed. E-Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E-Mail a valid authorized form of communication between lawyer and client, however security of this E-Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E-Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. If the reader of this message is not the intended recipient or authorized to deliver it to the intended recipient, dissemination, distribution or copy of this communication is prohibited. if you received this communication in error, please immediately notify sender via E-Mail reply. From: Stacy A. Woods Sent: Friday, June 21, 2019 3:32 PM To: 'Joan Gecik' <jgecik@catholic-cemeteries.org> Subject: The Catholic Cemeteries - City of New Hope - Recorded deed and easements - Assumption Cemetery Hello Joan, Attached for your files are copies of the following recorded documents: 1. Quit Claim Deed; 2. Driveway Construction and Easement Agreement; and 3. Parking Easement Agreement. Thank you and have a nice weekend. Stacy Woods Stacy A. Woods* JENSEN SONDRALL PERSELLIN & WOODS, P.A. 8525 Edinbrook Crossing, Ste. 201 Brooklyn Park, MN 55443-1968 Phone (763) 424-8811 Fax (763)493-5193 Direct (763) 201-0265 Cell (612) 501-0494 saw ast}wlaw.com *MSBA Board Certified Real Property Law Specialist ENSEI SONDRALL PERSELLIN&WOODS P.A., ATTORNEYS AT LAW APlease consider the environment before printing this e-mail. WARNING: Actual receipt of E-Mail communications should not be assumed. E-Mail communications may be intercepted or inadvertently misdirected. The American Bar Association deems E-Mail a valid authorized form of communication between lawyer and client, however security of this E-Mail message and attachments (if any) cannot be assured. Unless the text indicates otherwise, this E-Mail message and attachments (if any) shall not be deemed legal advice, nor does it create the relationship of Attorney/Client. 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L 4 C.V. filed C.V, not req._X No delinquent taxes Transfer Entered Doc No Al0670111 Jun 21, 2019 11:12 AM Certified, filed and/or recorded on Jun 21, 2019 11:12AM Hennepin County, Minnesota Mark Chapin Office of the County Recorder County Auditor and Treasurer Hennepin County, Minnesota Martin McCormick, County Recorder Mark Chapin, County Auditor and Treasurer Deputy 120 Pkg ID 1835717C PID(s) 18-118-21-12-0001 Conservation Fee $5.00 Document Recording Fee $46.00 Environmental Response Fund (SDT .0001) $0.05 State Deed Tax (0033 rate) $1.65 Document Total This cover sheet is now a permanent part of the recorded document. $52.70 01 t r, 1 QUIT CLAIM DEED Business Entity to Business Entity eCRV number: DEED TAX DUE: $1.70 Date: June 10, 2019 FOR. VALUABLE CONSIDERATION, The Catholic Cemeteries, a Minnesota religious diocesan corporation, hereby conveys and quitclaims to The City of New Hope, a Minnesota municipal corporation, Grantee, real property in Hennepin County, Minnesota, described as follows: See attached Exhibit A Check here if all or part of the described real property is Registered (Torrens) ❑ together with all hereditaments and appurtenances belonging thereto. The consideration for this transfer of real property is less than $500.00. Grantor certifies that the Grantor does not know of any wells on the described real property. The Catholic Cemeteries ,- _ By: d'� J � Gecik Its: Executive Director STATE OF MINNESOTA )ss. COUNTY OF DAKOTA The foregoing instrument was acknowledged before me this 101h day of June, 2019, by Joan Gecik, the Executive Director of The Catholic Cemeteries, a Minnesota religious diocesan corporation, Grantor, on behalf of said corporation. (Notarial Stamp or Seal) STACY A. WOODS Notary Public -Minnesota INy commission Expjr Jan 31, 2020 THIS INSTRUMENT DRAFTED BY: Jensen Sondrall Persellin & Woods, P.A. 8525 Edinbrook Crossing, Suite 201 Brooklyn Park, MN 55443 (763) 424-8811 41 0Notary Public Tax Statements for the real property described in this instrument should be sent to: City of New Hope 4401 Xylon Avenue North New Hope, MN 55428 Exhibit A Legal Description See attached. PAAttorneylSAS\1 Client Pilesl2 City of New HopeU9-11426 Catholic Cemeteries Property near City Hell\Quit Claim Aeed.do" (That part'df ilia Northwest quarter of the Northeast quarter (NW174 of'NE1/4) of . Section•.18, Township 116, Pangn 81 described as follows: Commanoing,at a point on the north line a distanos of 100 -feet west of the Inortheast corner of said Northwest quarter of the Northeast quarter; thonae south at right angles to,said north line of the Northwest quarter of the'.'i�orth- i mast quarter a distance of Qn feet to an intersection with a line (hereinafter described as Line A) drawn at right angles to the following described line; Commencing at the Southwest corner of the Northeast quarter of the Northeast quarter of Section 16, Township 118, Range 21; I thence North along the 'j+Crest line of said Northeast quarter of the 1 Northeast quarter of Section 18, Township 118, Range 21 to a ' point 386 feet South of the Northwest corner of said Northeast quarter of the Northeast quarter of Section 18, Township 118, Range 21 which is a point of curvature and ice the point of beginning; thence Northeasterly along a circular curve having it deflection to " the right of I6o tgr and a radius of 626 feet, a distance of 140. 78 feet to a point of tangency; thence Northeasterly along a tangent having a length of 176, 64 feet to a point of curvature; thence North- easlarly, 49ng a circular curve having a defioctian angle to the xight oi• 740110' and a .radius of 100 feat to a point of tangency lying on the North'line of said Northeast quarter of the Northeast quarter of Section 18; Township 116, Ranga 21 a dletunoQ of 171, 16 feet Nast' bf the,Noxthwest corner of said Northeast quarter of the Northeast quarter of Section 18, Township 118., Range 21 and there terminating; - thence Southeksterly along said_ Line A to the East line of the. said Northwest quartet of the -Northeast quarter; .thence North along the said East iine'of the N,ar,thwekk:quarter of the INortheas•t•quarter. to the Northeast eornn�•tharecf; . thende'Went ,along the said ft'r � �31ne of the Northwest quarter, of the North- east quarter a distae�ae of• 160 ,feet to the point of beginning. 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