120897 EDA Official File Copy
CITY OF NEW HOPE
EDA AGENDA
EDA Regular Meeting #14 December 8, 1997
Agenda #14
President W. Peter Enck -
Commissioner Sharon Cassen
Commissioner Don Collier
Commissioner Pat La Vine Norby
Commissioner Gerald Otten
1. Call to Order
2. Roll Call
3. Approval of Minutes of November 24, 1997
4. Resolution Approving Transfer of Ownership of Gill Bothers Funeral Home
(Improvement Project No. 523)
5. Resolution Authorizing Certificate of Completion for Redevelopment
Project ~J-2 (Improvement Project No. 523)
6. Adjournment
CITY OF NEW HOPE
4401 XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
Approved EDA Minutes November 24, 1997
Meeting #13
CALL TO ORDER President Pro tem Otten called the meeting of the Economic Development'
Authority to order at 7:47 p.m.
ROLL CALL Present: Cassen, Collier, Norby Otten
Absent: Enck
Staff Present: Malecha, Hanson, Donahue, Leone, McDonald, Cavanagh
APPROVE MINUTES Motion was made by Commissioner Cassen, seconded by Commissioner
Norby, to approve the EDA minutes of November 10, 1997. Voting in favor: All.
Motion carried.
RESOURCE CENTER President Pro Tern Otten introduced for discussion It-em 4, Discussion
PROGRAM Regarding~ Greater Minneapolis Metropolitan Housing Corporation (GMMHC)
(IMP. PROJECT 824) Home Ownership Resource Center Program (Improvement Project No. 624).
Item 4
Mr. Kirk McDonald, Management Assistant/Community Development
Coordinator, explained that over the past year the Greater Minneapolis
Metropolitan Housing Corporation (GMMHC) has been working with city staff
from the cities of Brooklyn Center, Brooklyn Park, Crystal, New Hope and
Robbinsdale to discuss a "Homeownership Resource CenteF' program for
the 5-city group. GMMHC has submitted several grant requests to secure
funding operations of the "Homeownership Resource Center." In recent
conversations with the McKnight Foundation, the Foundation indicated that it
is waiting for the 5-city group, or as many cities as are going to participate, to
finalize their respective funding-commitments for the "Homeownership
Resource Center," prior to the Foundation making a final commitment of
financial support. At this time he stated it is necessary to determine whether
the EDA desires to make a financial commitment to support the program or
not.
Early in 1996, Hennepin County contacted GMMHC and indicated that the
county staff had met with elected officials from suburban Hennepin County
communities, and many of these communities had requested assistance
from the County in coordinating programs to provide a one-stop approach to
assist homeowners with their housing needs. At the same time, the County
Board authorized staff to identify approaches for strengthening the county's
coordinating role in addressing housing issues and stabilizing the tax base.
Hennepin County engaged GMMHC to look into the possibility of establishing
a Home Ownership Center, like its Northeast Minneapolis model, in a
suburban setting. The county targeted the Northwest area of the county for
this probe. The request was reviewed by the' GMMHC Board and they
agreed to consider the feasibility of expanding the program. In-February of
1997, GMMHC entered into a Professional Services Agreement with
Hennepin County whereby they would share the cost, up to $7,400, to
undertake a suburban Hennepin County housing resource center feasibility
study. Since that time there have been numerous meetings with staff, city
planners and managers, as well as elected officials and other interested
New Hope EDA November 24, 1997
Page I
parties in the communities of Brooklyn Center, Brooklyn Park, Crystal, New
Hope and Robbinsdale. They have also had other meetings with the
McKnight Foundation and the Metropolitan Council in regard to funding such
an initiative.
The "center" would be structured to be a "one-stop resource" for home
ownership and home improvement programs and services needed to
intervene in neighborhoods on the edge; those neighborhoods poised to
change from high homeownership to absentee ownership and from stable
housing stock to disrepair and disinvestment. All home ownership and
improvement resources, public, private and non-profit would be invited to
operate out of this "one-stop resource center" and have their respective
products and/or services available for the homeowner, home buyers, and
renters. The "center" would provide one-stop shopping for comprehensive
housing information, tailored to the circumstances of each family and
property. Information and applications would be available for all of the
dozens of mortgage and home improvement loan programs available.
GMMHC states that the "center" would not duplicate programs and services,
rather would provide an opportunity to collaborate with other providers to
make existing programs and services available at the "cen~er.''
Each of the 5-city group is invited to become a sponsor of the
"Homeownership Resource Center." GMMHC requests participation in the
program and a city funding commitment as per the initial budget amount of
$5,000 in 1998, $6,000 in 1999, and $7,000 in 2000. This request for each
member of the 5-city group to commit its respective funding is subject to
sufficient funding becoming available from other sources, e.g., the McKnight
Foundation, etc. If projected funding cannot be achieved in 1998, the
operation and related budget will have to be modified to the satisfaction of
the city participants. In addition, there may be other potential funding
resources that may be available for this project, and GMMHC is prepared to
attempt to access these resources on behalf of the 5-city group. GMMHC is
prepared to move forward with its commitment to operate the suggested 5-
city "Homeownership Resource Center" and awaits only the commitment of
the cities to partner with GMMHC on this program.
Mr. McDonald stated staff is requesting direction from the EDA on this
request and wants to know if the EDA is interested in participating in this 5-
city venture. Staff is generally supportive of the program on a pilot project or
trial basis. There are adequate EDA funds available to participate in 1998
and staff would recommend that only a one-year approval for participation be
considered at this time and that funding for subsequent years be considered
with the annual budget process.
Commissioner Collier inquired of the compilation of the list of contractors.
Mr. McDonald stated the planners group would prefer that local contractors
be recommended first.
Commissioner Cassen asked how the cities would promote the program.
Mr. McDonald stated it would be marketed through the City's newsletter,
local newspaper, resident guide, and cable television.
He also confirmed that the program would not present a conflict with CHODO
New Hope EDA November 24, 1997
Page 2
and PPL. He noted.both groups are support ve of the proposal.
Commissioner Cassen questioned whether income levels restrict usage of
the program.
Mr. McDonald stated the program would be open to all residents regardless
of income.
Commissioner Collier asked whether the program would provide alternatives
to senior citizens who may be challenged by economic situations.
Mr. McDonald acknowledged that the program does offer that type of referral
service as well as a wide variety of other resources.
MOTION Motion was made by Commissioner Norby, seconded by Commissioner
Item 4 Collier, supporting New Hope participation of $5,000 for 1998. Voting in
favor: All. Motion carried.
ENTERPRISE President Pro Tern Otten introduced for discussion Item 5, Discussion
FACILITATION Regarding Establishment of Enterprise Facilitation Progra~ in New Hope and
PROGRAM Crystal and Authorization to Proceed (Improvement Project No. 625).
IMP. PROJECT 625
Item 5 Mr. McDonald stated at the February 24, 1997, City Council public hearing
regarding the use of 1997/98 Urban Hennepin County Community
Development Block Grant (CDBG) funds, the Council authorized the
allocation of $15,000 for a potential joint-city pilot project with the City of
Crystal for the establishment of an enterprise facilitation program. At that
time, staff indicated that the City had been discussing the project with Crystal
and the Hennepin County Department of Jobs and Training and that the
Hennepin County Office of Planning and Development had indicated that the
cities could utilize CDBG funds to finance their portion of the program due to
the micro business/job creation aspect of the project. Staff requested that the
Council set aside the funds for this project with the understanding that this
action would not formally authorize City participation in the program and that
staff would come back to the Council/EDA for formal authorization to proceed
once funding commitments from other agencies had been made and the
program was ready to proceed. Over the past nine months, staff has
coordinated with Crystal, Hennepin County and Metro HRA to secure funding
commitments and staff requests to discuss this program with the EDA and
receive authorization to proceed with the establishment of the joint-agency
program.
Enterprise facilitation is an alternative approach to economic development
which uses a grass-roots, bottom-up strategy. This model spurs economic
development by working with individuals to create business opportunities
rather than relying on the more traditional approach of a city attracting large
businesses to a community. The program would help nurture local business
development and expansion in order to stabilize the local economy and
create new jobs. The program supports local entrepreneurs and encourages
growth within the community.
Enterprise facilitation is based on the belief that entrepreneurs need technical
assistance (rather than financial) to pursue their ideas. In order to offer the
assistance, an enterprise facilitator would be hired and shared between the
two cities and act as a catalyst to assist/encourage local business innovation.
New Hope EDA November 24, 1997
Page 3
A local advisory board would be created to oversee the activities of the
facilitator and it.is anticipated that the TwinWest New Hope/Crystal Business '
Council could potentially serve as a portion of the board.
A tentative budget for a two-year pilot project is estimated at $50,000 -
$60,000 per year. Metro HRA has made a commitment of $15,000 for a two-
year period and Hennepin County will be making a similar contribution. Each
of the two cities will be making equivalent contributions of $15,000 each for a
two-year period and New Hope's share is proposed to be with CDBG funds
and this use of the funds has been approved by Hennepin County. Staff will
also seek contributions for the program from local businesses.
The cities believe that this program will greatly benefit the many residents in
our communities who operate businesses out of their home. Generally
speaking, the home-based businesses are successful and provide needed
services in the community. In many cases, however, the businesses have
outgrown the parameters of the home and, preferably, should be located in a
separate location so as not to violate local zoning ordinances and disrupt the
neighborhood. This transition may be prohibitive for several reasons: inability
to raise capital, unfamiliarity with the real estate industry, lack of formal
accounting and business skills, and so forth.
With Metro 'HRA's participation, the cities hope to demonstrate how
enterprise facilitation can serve as another tool for self-sufficiency in the
current welfare-to-work movement. The City of New Hope has a local
Section 8 housing representative who provides contract services for the
cities of Golden Valley, Maple Grove, Osseo, and Edina and will be actively
involved in communicating the enterprise facilitation program to these Iow to
moderate income residents.
Mr. McDonald stated staff is requesting authorization to proceed with the
initiation of this program and to utilize the CDBG funds allocated for this
purpose.
Mr. Donahue, City Manager, indicated that the program has been successful
in other parts of the country.
MOTION Motion was made by Commissioner Collier, seconded by Commissioner
Item ,5 Cassen, authorizing funding of $15,000 for 1998. Voting in favor: All. Motion
carded.
ADJOURNMENT Motion was made by Commissioner Collier, seconded by Commissioner
Norby, to adjourn the meeting. All present voted in favor. The New Hope EDA
adjourned at 8:17 p.m.
Respectfully submitted,
Valerie Leone
City Clerk
New Hope EDA November 24, 1997
Page 4
REQUF. ST FOR ACTION
Originating Depa~haent Approved for Agenda Agenda Section
EDA
City Manager
Kirk McDonald _ )~ 12-8-97 Item No.
By: Management AssistantBy?// 4
/
/
RESOLUTION APPROVING TRANSFER OF OWNERSHIP OF GILL BROTHERS FUNERAL HOME
(IMPROVEMENT PROJECT NO. 523)
This resolution is similar to the one passed by the City Council.
Per the attached correspondence from the City Attorney, the attorneys for Neil McGraw have
approached the EDA and the City for consents to the transfers of ownership of the property at 7300 42"~
Avenue North. The transfers are for estate planning purposes on the part of Mr. McGraw and consist of
a three-step process, as follows:
1. The assignment of the various contracts (including the Redevelopment Agreement, the Variance Site
Improvement Agreement, mortgages and other miscellaneous documents) along with the real estate,
from Gill Brothers Funeral Chapels, Inc. to Neil McGraw.
2. A lease of the property by Neil McGraw back to Gill Brothers Funeral Chapels, Inc.
3. Neil McGraw will assign and transfer his interest in the various contracts and the real estate,
including the lease, to NEM Family Limited Partnership.
The City Attorney states that they have examined the Agreement of Partnership of NEM Family Limited
Partnership, the Articles of Incorporation and Bylaws of NEM Holdings Corporation, the general partner
of NEM Family Limited Partnership, the Assignments and accompanying Quitclaim Deeds, and the
Lease. All appear to be in order.
The Redevelopment Agreement requires the Redeveloper obtain the consent of the EDA to any transfer
of the property. The EDA criteria are whether the proposed transferees have the qualifications and
financial responsibility necessary to perform the obligations in the Redevelopment Agreement, and
whether the transferees assume all of the obligations under the Redevelopment Agreement.
(cont'd.)
7-/(
I-
Review: Administration: Finance:
RFA-O01 ~
Request for Action Page 2 12-8-97
As for the first issue, now that construction of the project is completed, the Redeveloper has minimal
financial obligations remaining under the Redevelopment Agreement. In addition, by law the assignors,
Gill Brothers Funeral Chapels, Inc. and Neil McGraw individually, will still be obligated to the EDA for the
performance of the Redeveloper's duties. As for the second item, the Assignment and Assumption
documents clearly require the assignees to assume all of the obligations and liabilities of the assignors.
If the EDA agrees to consent to the transfers, the enclosed Resolution Approving Transfer of Ownership
of Gill Brothers Funeral Home can be passed.
Staff recommends approval of the resolution.
P, 04/05
.DEC-O~-9? THU 14:38 ...... ..
Co~cK & Solm~a.z,r., P.A.
Edln~ur~ Executive Office
Edinbr~k
~uite
Park, Mhmesota 55443
~PHONE (61~ 4~
December 4, 1997
Daniel J Oonahue
EDA Executive Director
4401 Xyion Avenue North
New Hope, MN 55428 -
RE: Gill Brothers Funeral Chapel
7300 42"~ Avenue North
Our File No. 99.11141
Dear Den:
The attorneys for Nell McGraw have approached the EDA and the City for
eon~ent~ to the l~ansfers crf ownershil~ of the property at 7300 42"" Avenue
North. The transfers are apparen~dy for estate planning pur0oses on the part of
Mr. McGraw, and consist of a three step process. Tho first ie the assignment
of the various contraote (the Redevelopment Agreement with the EDA, the
Variance Site iml~rovement Agreement with the City, and the mortgages and
other miscellaneous doournents), along with the real estate, from Gill Brothers
Funeral Chapels. Ina. to Nell MoGraw. The second s~D is a lease of the
property by Nell MoGraw back to Gill Brothers Funeral Chapels, Inc. Finally,
Nell McGraw will assign and transfer his interest in the various oont~ac~s and
the real estate, including the lea~e, to NEM Family Umited Partnership.
We have examined the Agreement of Parmershilo of NEM Family Limited
Partnereh~, the Artiolea of lnoorporation and Bylaws of NEM Holdings
Corporation, the general partner of NEM Family Umited Partnership, the
Assignments and accompanying Quitclaim Deeds, and the Lease. All appear to
be in order.
The Redevelopment Agreement requires the Redeveloper obtain the consent of
the EDA to any ~anefer of the property. The EDA criteria are whether the
proposed ~'ansferees have the qualifications and financial responsibility
neoeeeary to perform the obligations in the Redevelopment Agreement, and
whether the transferees assume ell of the obligations under the Redevetoprr~nt
Agreement.
DE0-04-97 THU ~4,38 P, 05/05
Daniel J. Donahue
December 4, 1997
Page 2
Ae for the first issue, now that cons~ction of the project ie oompleted, the
Redeveloper has minimal flnanoial obligations remaining under the
Redevelopment Agreement. In addition, by law. the assignors, Gill Brothers
Funeral Chapels, inc. and Nell McGraw individually, will still be obligated to the
EDA for the performance of the Redevetoper's duties. As for the seoond item,
the Assignment and Assumption dooumenta elearly require the assignees to
assume all of the obligations and liabilities of the assignors.
If the EDA agrees to consent to the transfers, the enclosed Resolution
Approving Transfer of Ownership of Gill Brothers Funeral Home can be passed.
Also enclose you will find e Resolution Authorizing Certifica~ of Completion
for Redevelopment Project No. 85-2. We have now received the
documentation and certification as to final costs from Gill Brothers Funeral
Chapels, Inc. Under the Redevelopment Agreement, the EDA can now issue
the Certificate of Completion, which will allow Gill Brothers to begin collecting
reimbursement of the certified oosts.
This Resolution can also be passed by the EDA.
Please ocli if you have any questions.
Sincerely,
Martin P. Maleohe
Assistant City Attorney
M3th
Enolosure
Kirk McDonald, Management Assistant {w/eno)
Valerie Leone, City Clerk (w/encl
.~teven A. Sondrali, City Attorney
, -DE0-0,4-97 THU 14:21 P, 02/20
¢
EDA RESOLUTION NO. 97-
RESOLUTION APPROVING TRANSFER
OF OWNERSHIP OF
GILL BROTHERS FUNERAL HOME
(IMPROVEMENT PROJECT NO, 52.3)
WHEREAS, the Economic Development Authority in and for the Cit'? of New
Hcl~e {the EDA) sold certain real estate known as 7300 42'~ Avenue North, New
Hope (the Property) to Gill Brothers Funeral Chapels, Inc. (the Redevelo_per) on June
24. 1996, and
WHEREAS, the Property has been improved by The Redeveloper with the
construction of ~ funeral home (the Project), with tax increment financing
assistance bv the EDAo ail as set forth in the Redevelopment Agreement dated
October 9, 1995 between the EDA and the Redeveloper (the Agreement). and
WHEREAS, Section 7.1 of the Agreement requires the prior written approval
of the EDA before the Redeveloper may transfer any part of the Prol3erty, whether
...,,~_.. by sale, assignment, lease or conveyance, except aa ia ne~=ssary ae security for
finanolng the completion of the Project. and
WHEREAS, the Redeveloper wishes to transfer and assign its interest in the
Property and the Agreement to Nell McGraw. individually, with Nell. McGraw to
lease the Propertv back to the Redeveloper. and to then l~ansfer and assign his
interest in the lease, the Properly and the Agreement to NEM Family IJmited
Partnership, a Minneeota limited partnership, the actual proposed Assignments and
Assumption of Contracl~ from the Redeveloper to Nell McGraw. and from Neit
McGraw to NEM Family Limited Pa, b,erehip being attached hereto as Exhibits A
and B respectively, arid incorporated by reference, and
WHEREAS. the EDA is satisfied ti3at the proposed transferees have tho
qualifications and financial responsibility necessary and adequate to fulfill the
obligations undertaken in the Agreement by ~he Redeveloper, and
WHEREAS. the transfer documents attached hereto as Exhibits A and B
include l~e aseumptJon by the transferees of all of the Redevelopers obligations
under the Agreement.
NOW. THEREFORE, BE ,IT RESOLVED by the Economic Development
Authority in and for the City of New Hope as follows:
1. The abovu recitals are incorporated by reference.
DE0-04-97 THU 14:22 , P, 03/20
2. The EDA consents to the Assignments and Assum[0tion of Contracts
attached hereto as Exhibits A and EL
3. The President and Executive Director of the EDA are authorized and
directed to sign the Consents of Economic Deveiol~rnent Authority
which ere pert of the Assignments and Assumption of Contracts
attached hereto as Exhibits A and B.
Adopted by the Economic Development Authority in and for the City of New
Hope this 8th day of December, 1997. _
president
Atte,~t:
Executive Director
-DE0-0,4-97 THU 14:22 P, 04/20
ASSIGNMENT AND ASSUMPTION OF CONTRACTS
THIS ASSIGNMENT AND ASSUMPTION OF CONTRACTS (the "A.~signment"), is
made as of ,1997, by GILL BROTHERS FUNEKAL CHAPELS,
INC., a Mimmsota corporation (the "Assignor") to NEIL ]2. MCGP~W, an individual residing in
Minnesota (the "Assignee").
STATEMENT OF FACTS
A. Assignor is this day conveying to Assignee that certain real property situated in
the City of New Hope, County of Hennepin, State of Minnesota, commonly known~ as 7300 42"~
Avenue North, New Hope, Minnesota 55427, more fully described in ~ attached hereto
(the "Premises").
B. TI'to Premiss is SUbject to certain mortgages, contracts, agreement~ and other
instruments, more fully described in Exhibit 13 attached hereto (the "Documents").
C. Assignor desires to assign its interest in the Documents to Assignee and Assignee
desires to assume all of the obligations of A~signor under the Document,.
NOW, THEREFORE, in consideration of the foregoing Statement o£ Fa~, the sum of
One Dollar ($1.00) and other good and valuable consideration, to it in hand paid by Assignee, the
receipt and sufficiency of which, is hereby acknowledged, it is.agreed:
1.) ~. Assignor hereby sells, ~sigm, transfers and sets over unto
Assignee, its successors and assigns, and Assignee assumes from Assignor, ~o the extent
assignable, all right, title and interest of A.~signor, in ~nd to the Documents.
2.) As,umpfion. A~signee hereby assumes and undertakes to discharge all of flxe
covenants, obligations and liabilities of Assignor under the terms of the Documenra after the date
h~reof.
3.) Entire Agre.em~n_t_and Modification. This writing contains the entire agreement
between the parties, and there are no other terms, obligations, covenants, or conditions of' any
kind whatsoever. Thb writing may not be modified or canceled except by a writing executed by
all the parties hereto.
4.) Appli~. This Assignment is delivered and made and in all rc~pccts slmll
b~ construed according to thc law~ of the State of Minnesota-
5.) Successors. This Assignment and each and every part hereof shall be binding
upon the Assignor and its successors and assigns} and shall inure to the benvlit of ti~e A~si§nee
and its succcazorz.
]~hib~t A
DE0-04-97 THU 14:22 : P,O~/20
IN WITNESS WHEREOF, Assignor and Assignee have executed this Assignment th~
day and year first above written.
ASSIGNOR:
GILL BROTHERS FUNERAL CHAPELS,
INC.
By:
Daniel J. McGraw
Its: Presidem
A~$IGNEE:
NMi E. McGraw
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
The foregoing instrument was acknowlexlgexi before me this day of
, 1997, by Daniel J. MoOraw, tho President, of GILL BROTHERS
FUNERAL CHAPELS, INC., a Minnesota corporation, on behalf of the corporation.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF HENNEPIN )
The foregoing insttxunent was acknowledged before me this day of
,1997, by Nell E. McGraw, an individual residing in Minnesota.
Notary Public
03151119,01
~DE0-0¢-97 THU 14~22 P, 08/20
EXHIBIT A
TO
ASSIGNMENT AND ASSUMPTION OF CONTRACTS
BY
GILL BROTHERS FUNERAL CHAPELS, INC., Assignor
TO
NEIL Ii;. MCGRAW, Assignee
Legal Description:
Lot 1, Block I, CITY CENTER ADDITION: ~-I~nnepin County, Minnesota
A-I
03I$1 .~.0!
DE0-04-97 THU 14:22 : P,O?/20
EXHIBIT B
TO
ASSIGNMENT AND ASSUMPTION OF CONTR ACTS
BY
GILL BROTHERS FUNERAL CHAPELS, INC., Assignor
'TO
NElL E. MCGRAW, Assignee
Schedule of Documents:
1. Mortgage (the "SBA Mortgage") by Gill Brothers Funeral Chapels, Inc., dated
January 13, 1997, filed .... ___, 1996, as Document
Number ....... ~ in favor of Twin Cities-Metro Certified Development
Company ("TCM-CDC"), as 'assigned by TCM-CDC to the Srn~_ll Busk~ess
Administration, by Assignment. dated .... , 1996, filed
, 1996, as Document Number , together with
(a) the Promissory Note specified in the SBA Mortgage, and all obligations of Gill
BrOthers Funeral Chapels, Inc. to TCM-CDC secured thereby; and Co)all other
documents executed in connection therewith, including without limitation the Servicing
Agent Agreement.
2. Mortgage (the "Stearns Mortgage") by Gill Brothers Funeral Chapels, Inc., dated June 27,
1996, flied June 28, 1996, as Document Number 6599849, in favor of Steams County
National Bank of Albany, together with (a) the Promissory Note specified in the Stearns
Mortgage, and all obligations of Gill Brothers Funeral Chapels, Inc. to Steams County
National Bank of Albany secured thereby; and (b)all other documents executed in
connection therewith.
3. Sign Easement Agreement executed by Gill Brothers Funeral Chapels, Inc. and Oregon
Estates Investment Company, dated June 27, 1996, filed June 28, 1996, as Document
Number 6599842.
4. Asr ~ecjnent for Continued entry and Operation or Rexncdial Well executed by Gill
Brothers Funeral Chapels, I~c. and Electronic Indum'ie$, Inc., dated June 27, 1996, filed
June 28, I996, as Document Number 6599843.
5. Redevelopment Agreement executed by Gill Brothers Funeral Chapels, Inc. and
Economic Development Authority in a~d for thc City of New Hope, Minnesota, dated
October 9, 1995, filed June 28, i996, as Document Numl:~'~r 65991144.
6. Variane~ Site Improvement Agreement executed by Gill Brothers Funeral Clmpels, Inc.
and the City of New Hope, Minnesota, dated June 24, I996, filed Juno 28, 1996, as
Document Number 6599845.
7. Declaration of Restrictive Covenants executed by Gill Brothers Fm~eral CI~apcls, Inc.,
dated June 27, 1996, filed June 2g, 1996, as Document Number 6599946.
B-1
.DE0-q4-97 !HU 14:2~ P, 08/20
CONSENT OF STEARNS COUNTY NATIONAL BANK
Stearns County National Bank of Albany hereby consents to th~ assignment as set forth
in that certain Assignment and Assumption of Contrams (the "Assignment") by and between Gill
Brothers Funeral Chapels, Inc., as Assignor, and Nell E. McGraw, as Assignee, attached hereto,
with respect to and to the full extent required by the Mortgage and Assignment of Rents and
Leases, both as defined in Exhibit B to the Assignment.
STEARINS COUNTY NATIONAL BANK
OF ALBANY
By:
(Print Name)
Its:
STATE OF MINNESOTA ) '
COUNTY OF )
The foregoing lnstnmaerit vms acknowledged before me this day of
,1997, by ..... the of STEARNS
~OUNTY NATIONAL BANK OF ALBANY, on behalf of tim bank.
Not,ay Publlo
0315120.01
DEO-04-97 T~LI t4:23 , P, 08/20
CONSENT OF ECONOMIC DEVELOPMENT AUTttORITY
The Economic Development Authority in and for thc City of New IIop¢, Mimtcsota, a
public body corporate and politic hereby consents to the assignment as set forth in that certain
Assignment and Assumption of Contracts (thc "Assigmncnt") by and between Gill Brothers
Funeral Chapels, Inc., a.q Assignor, and Neil E. McGraw, az Assignee, attached hereto, with
respect to arid to the full extent required by the Redevelopment Agreement, as defined in
Exhibit B to the Assignment.
ECONOMIC DEVELOPMENT
AUTIIORITY IN AND FOR THE CITY
OF NEW HOPE, MINNESOTA
By: ...
(Pdnt Name)
Its: President
By:
(Ptlat Nam,)
Its: Executive Director
STATE OF MINNESOTA )
COUNTY OF )
The foregoing im-m~mcnt was acknowledged before mc this day of
_. , 1997, by and , the
President and Executive Director, respectively, of ~e ECONOMIC DEVELOPMENT
AUTHORITY IN AND FOR. ~ CITY OF NEW HOPE, Minnesota, a public body corporate
and politic, on behalf of such public body.
Notary Public
0315129.01
. DEO-04-97 THU 14:23 P, lO/20
CONSENT OF CITY OF NEW HOPE
The City o£New Hope, Minnesota, a public body corporate and politio hereby conscnts to
the assignment as set forth in that certain Assignment and Assumption of' Contracts (the
"Assignment") by and between Gill Brothers Funeral Cl~ap¢ts, lac., as Assignor, ~d Nell E.
McGraw, as Assigns, attached hereto, with respect to and to the frill extent required by the
Variance Site Improvement Ag~ec~ncnt, as defined in Exhibit B to the Assignment.
CITY OF NEW HOPE, MINNESOTA
By:
t'Print N~m¢)
Its: Mayor
By:
(Print Ninny)
Its:
STATE OF MINNESOTA )
)ss.
COUNTY OF )
Thc foregoing instrument was acknowledged before me this day of
...... , 1997, by and ...... , the
Mayor and __ , respectively, of the CiTY OF NEW HOPE, Minnesota, a
publio body corporate and politic, on behalf of such Publio body.
Notary Public
0315129,01
DE0-04-97 THU 14=23 ~ P, lt/20
CONSENT OF SMALl., BUSINESS ADMINISTRATION
The Small Business Administration, an agency of the United States Government hereby
conzents to the ~ignment as set forth in that certain Assignment and Assumption of Contxacts
(the "Assignment") by and between Gill Brothers Funeral Chapels, Inc., as As-~ignor, and Neil E.
MoOraw, as Assignee, attached hereto, with respect to and to the full extent required by the
Mortgage and related documents, as defined in Exhibit B to the Assignment.
SMALL BUSINF_~S ADMINISTRATION
By:
Its:
]By:
~r~.t Name)
Its:
STATE OF MINNESOTA )
)$8.
COUNTy. OF )
The foregoing instrument wa~ aoknowledged before mc this day of
......... , 1997, by and . , the
arid , re.*peeti,n~ly, of the SMALL
BUSINESS ADMINISTRATION, an agency of the united gtate.~ Govemmen.t, on behalf of the
agency.
Notary Publi~
0315129.0t
-BE0-0¢-97 T~U 14=24 P, 12/20
ASSIGNMENT AND ASSUMPTION OF CONTRACTS AND LEASE
THIS ASSIGNMENT AND ASSUMPTION OF CONTRACTS AND LEASE (the
"Assignment"), is made as of , 1997, by NEIL E. MCGRAW, an
individual residing in Minnesota (the "Assignor") to NEM FAMILY LIMITED PARTNERSHIP,
a Minnesota litnited partnership (the "A~ignee").
STATEMENT OF FACTS
A. Assignor is this day conveying to Assignee that certain real property situated
th~ City of New Hope, County of Hennepin, State of Minnesota, commonly'known as 7300 42
Avenue North, New Hope, Minnesota 55427, more fully described in Exhibit A a~mched hereto
(the
B. Thc Prcm{ses is subject to certain mortgage~, contracts, agreement, lease and
other instrtunents, more fully described in ~ attached hereto (the "Documents").
C. Assignor desires to assign its interest in the Documents to Assignee and Assignee
dc~ires to ass~e ail of~hc obligations of Assignor under the Documents.
NOW, THEREFOR.E, in consideration of the foregoing Statement of Facts, the sum of
'One Dollar ($1.00) and other good and valuable consideration, ~o it in hand paid by A~signee, the
receipt and sufficiency of which is hereby aelcaowledged, it is agreed:
I.) ~. Assignor hereby sells, assigns, tr~nefers and set~' over unto
Assignee, its successors and assigrm, and Assignee assumes from A,~s|gnor, to the extent
asslg~mble, ail right, title and interest of Assignor, in and to the Do~tunents.
2.) Assumption. A~signee hereby a~umes and undertakes to discharge all of thc
covenants, obligations and liabilities of Assignor under the terms of uhe Documents after thc date
hereof.
3.) Entire A~_eement and NJodifieation. This writing contains the entire agreement
between the parties, and there are no other terms, obligations, covenan~ or conditions of any
kiad whatsoever. This writing may not be modified or canceled except by a writing executed by
all the parties hereto.
4.) AppIicable_L~. Th/s Assignment is delivered and made and in ail respects shall
be construed according to the laws of the State of Mkme~ta.
5.) Successors. This Assignment and e~h and every part hereof shall be binding
upon the Assignor and its successors and assigns, and shall inure to the benefit of' the Assignee
and its succc,~ors.
DE0-04-97 THU 14:24 .. P,I~/20
IN WITNESS WHEREOF, Assignor and Assignee have exeauted this Assignment the
day and year first above written.
ASSIGNOR:
Neil E. MeOraw
ASSIGNEE:
NEM Family Limited Parmership
By:
Its: General Partner
ACKNOWt,EDGMENT AND CONSENT
The undersigned, ~.s Nell E. McGraw's spouse, hereby consents to the above Assignment
and A~sumption of Contr~es and I2,ase by m~d between Nell E. McGraw, a.s Assignor, and NEM
Family Limited Partnership, as Assignee. The undersigned joins in .this A.q.qignment and
Assumption of Contracts and Lease for the sole purpose of giving its eminent thereto mad to
subjeot any interest the undersigned may have in the Contm~ and Lease (~ defined herein
above) as a result of being married to Nell E- M¢Oraw, to the interests of Assignee under the
Assignment and A~pOon of Contracts and Le.~o.
Jeanne 13. McGraw
STATE OF MINNESOTA )
COUNTY OF HENNEPIN )
Thc foregoing instrument was acknowledged before me tlai-~ day of
,1997, hy NEIL E. MCGRAW, an individual residing in Minnesota.
Notary Public
STATE OF MINNESOTA )
)ss.
COUNTY OF KENNEPIN )
The foregoing instrument was acknowledged before me this day of
.. , 1997, by tho General Partner of NEM
Family Limited Partnership, a Minnesota limited partnership, on behalf of the partnership.
Notary Public
0316576.01
~DEO-Q4-97 THU 14:24 P, 14/20
EXHIBIT A
TO
ASSIGNMENT AND ASSUMPTION OF CONTRACTS AND LEA81~
BY
NElL B. MCORAW, Assignor
TO
NEM FAMILY LIMITED PAKTNERSHIP, Assignee
Legal Description:
Lot 1, Block 1, CITY CENTER ADDITION, Hcnnepin County, Minnesota
A-1
DE0-04-97 THU 14:24 P. 15/20
EXHIBIT B
TO
ASSIGNMENT AND ASSUMPTION OF CONTRACTS AND LEASE
BY
NEIL E. MCGRAW, Assignor
TO
NEM FAMILY LIMITED PARTNERSHIP, Assignee
Schedhle of Documents:
I, Lc~e by and between Nell E. McGraw, a~ Landlord, and GitI Brother$ Funeral Chapels,
Inc., aq Tenant, dated ~, 1997, filed ..... 1997, as
Document Number
2. Mortgage (the "SBA Mortgage") by Gill Brothers Funeral Chapels, Inc., dated
January 13, I997, filed ,, 1996, as Document
Number , in favor of Twin Cities-Metro Certified Development
Company ("TCM-CDC"), a,s a3signed by TCM-CDC to the Small Business
Administration, by Assignment, dated .................. __, 1996, filed
, 1996, as Document Number ~, together with
(a) the Promissory Note specified in the SBA Mortgage, and all obligations of Gill
Brothem Funeral Chapels, Inc. to 'rCM-CDC secured thereby; and (b)all other
document~ executed in connection therewith, ineludlng without limitation the Servie{ng
Agent Agreement.
3. Mortgage (the "Steams Mortgage") by Gill grother,a Funeral Chapels, Inc., dared June 27,
199fi, flied June 28, 1996, as Document Number 6599849, in favor of Steams County
National Bank of Albany, together with (a) the Promissory Note specified in the Stem'n~
Mortgage, and all obligations of Gill Brothers Funeral Chapels, Inc. to Stearns County
National Bank of Albany secured thereby; and (b)ali other doeument~ oxeeuted in
connection therewith.
4. Sign Easement Agreement executed by Gill Brothers 'Funeral ChapeI.% Inc. and Oregon
Estates Investment Company, dated June 27, 1996, filed June 28, 1996, as Document
Number 6599842.
5. Agreemen~ for Continued entry and Opemdcn of Remedial Well executed by Gill
Brothers Funeral Chapela, Inc. and Electroaie Indusffie,, Inc., dated June 27, 1996, flied
June 28, 1996, as Document Number 6599843.
6. Redevelopment Agreement executed by Gill Brothers Funeral Chapels, Inc. and
Economic D~velupmea:tt Authority in mad for thc City of New Hope, Minnesota, dated
October 9, 1995, filed June 22, t996, as Document Number 6599844.
B-1
0216~76.01
.DE0-04-97 THU 14:25 P, 16/20
7. Variance Site Improvement Agreement executed by Oiil Brothers Funeral Chapels, Inc.
and the City of New Hope, Mirmesola, dated June 24, 1996, flied June 28, 1996, as
Document Number 6599845.
g. Deelaratlon of Restrletive Covenants executed by OiI1 Brothers FuneraI Chapels,/nc,,
dated June 27, 1996, riled June 28, 1996, as Document Number 6599846.
B-2
DE0-04-97 THU ~4:25 P,~7/20
CONSENT OF STEARNS COUNTY NATIONAL BANK
Stearns County National Bank of Albany hereby come. nm to the assignment as set forth
in that corta/n ASsignment and Assumpt/on of Contracts (the "Assignment") by and between Nell
E. McGraw, as Assignor, and NEM Family Limited Partnership, az Assignee, attached hereto,
· with respect to and to the full extent required by the Mortgage and Assignment of Rents and
Leases, both as defined in Exhibit B to th~: A~sigmnent.
8TBAP. N8 COUNTY NATIONAL BANK
OF ALBANY
By:
(Print Name)
Its:
STATE OF MINNESOTA )
)ss,
COUNTY OF )
The foregoing instrument was acknowledged before me this day of
,1997, by ., the of STEARNS
COUNTY NATIONAL BANK OF ALBANY, on behalf of the bank.
Notary Public
0316576.01
~DEO-04-97 TBU t4:25 P, t9/20
CONSENT OF CITY OF NEW HOPE
The City of New Hope, Minnesota, a public body corporate and politle hereby consents to
. the assignment ~ set forth in that certain Assignment and Assumption of Contracts (the
"Asdgnmem") by and between NeiI E. McGraw, as Assignor, and NEM Family Limited
Partnership, as assignee, attach~ hereto, with respect to and to the full extent required by the
Variance Sitc Improvement Agrcemcnt, ~ defined in Exhibit B to the Assi~raent.
CITY OF NEW HOPE, 1VENNESOTA
By:
(Print Name)
Its: Mayor
By:
(PrLut Name)
Its:
~.TATE.OF MINNESOTA )
)~s.
COUNTY OF )
~c ~rogoing ~cnt w~ ~owl~ged befo~ me ~s day of
, 1997, by ~d .o ~e
Mayor ~d , re~tively, of ~e CI~ OF ~W HOPE, ~esom, a
public ~dy co~m~ ~d ~fic, on ~fof such public ~dy,
Not,~zy Public
DEO-04-97 ?HU 14:25
· P, 18/20
CONSENT OF ECONOMIC DEVELOFMENT AUTHORITY
The Bconomic Development Authority in and for ~h¢ City of N~',v, Hope, Minnesota, a
public body corporate and politic h~,-r~by comscnts to the assi~u,'nent a~ set Forth in that ccrtain
Assignment and Assumption of Contract~ (the "Assignment'') by and between Nell E. McGraw,
a~ A~ignor, and NEM Family Limited PartnersMp, a~ Assignc~, attached h~-eto, with respect to
and to the full ext~nt ~qu/red by thc Redevelopment A~reement, as d¢~ncd in Exhibit B to ~c
A~signment.
ECONOMIC DEVELOPMENT
AUTHORITY IN AND FOR THE CITY
OF NEW HOPE, MINNESOTA
By:
(Print
It~: President
Jt~: Executive Director
STA. T~ OF ~5OTA )
CO~ OF )
~ I997. by ~d . ~e
President ~d Exccudv~ Director. m~c6vely, of the ECONO~C DEVELOP~NT
AUTHO~ ~ ~ FO~ T~ CYI'Y OF ~W ItOPE, Mi~c~ ~ pubic body co,orate
and poP, c. on beef of such public body.
Notary Public
03/6576.01
DE0-04-9? ?HU 12:26 P, 3P/30
EXHZBIT I
REDEVELOPMENT PROPERTY
Lot 1, Block 1~ City Center Addition, according to the plat
thereof on file and of record in the of~ce of the County
Recorder, Hennep~n County, M~nnesot~,
~DE0-0¢-9? TBU 12:25 P, 29/30
STATE OF MINNESOTA
COUNTY OF HENNEPIN
The foregoing instrument was ~cknowledged before me this
day of , 1997 by W. Peter Enk and Daniel
J, Donahue, the President and Executive D~rector~ respectively,
the Economic Oevelopment in and for the C~ty of New Hope,
Minnesota, a Minnesot~ municipal corooration, on behalf of said
mun~c~p~ corporation.
No~'ary Public
This Instrument Was Drafted By:
CORR[OK & $OND~ALL, P,A.
8~25 Edinbrook Crossing, Suite 202
Brooklyn Park, UN 654~3
P, 28./30
DEC-04-9? ?RU 12:25 "
.g, ERT,IFICA,.TE ,.,,OF CO, MPLE_I"IoN
WHEREAS, Gill Brothers Funeral Chapels, tnc.~ a Minnesota
corporation ("Owner") is the owner' of the property in the County of
Hennepin and State of Minnesota described on Exhibit 1 attached
hereto and m~tde a part her,.of ("Property"); and
WNEREAS~ the Property iS subject to the provisions o.f
certain Redevelopment Agreement (the "Agreement") dated October 9,
1995 by and between Owner ~nd the Economic Development Authority
~nd for the City of New Hope, Minnesota, a Minnesot~ municipsl
corporation (the"EDA"); ~nd
WHEREAS~ Owner h~8 ¢U1 ly and duty performed al 1 of the
covenants ~nd conditions of Owner under the Agreement with respect
to the completion of the Project (~s de'Fined in ~he Agreement);
NOW, THEREFORE, it is hereby certified that ~11 requirements
Of Owner under the Agreement with respect to the completion of the
Project have been completed ~nd duly and fully Derformed, ~nd this
instrumenl is to be conclusiv~ evidence of the satisfactory,
term~nstion of ,he covenants and conditions of the Agreement as
they relate to the completion of the Project. All other covenants
and conditions o¢ the Agreement shall remain in e~fect ~nd are not
terminated hereby.
Dated this day of . , t997.
ECONOMIC DEVELOPMENT AUTHORITY
~N AND FOR THE CITY OF NEW HOPE,
MINNESOTA
BY:
It~ President
By:
Its Executive girector
P, 27/30
.DEO-04-97 T~U t2:25 ' '
· FROM L ~ D g ~TD, I~TH FLOOR 12,G3.~7 13t~2 p, ~ ,
./
.-/
/ ~ ~OHEDULE D
/
PORTION OF PROdECT THE COSTS Off W~CH ARE ~
ELIGIBLE FOR REZMBUR~EMEN? FROM BOND
EXOAVATION & t~IACKFILL 28,800
LANDSOAP~'Na & SPRINKLZNG 2~,700
SANITARY SEWER & WATER
PARKINa LOT
DEC-04-9? THU 12:2S P, 26/30
CERTIFICATE OF PI~glDENT
' Th~, underside, d, tho duly olcct~ President of GILL BROTIIBILq FUNERAL
CHAPELS, ~C., a m~on d~y o~ ~d ~ng un~ ~ laws of ~e 5~ of
~ cos~ for ~ il~s d~bed ~ Schcd~ D (a ~py ~ w~ch is attaoh~
~a) to ~at ~in ~evelopm~ A~t ~ 0~to~9, 199~; by
~r ~ Ci~ ofN~ Bo~, ~=~o~, have ~ ~d ~ ~e ~~ ~
/
1997.
OILL BR~n~ ~~
i
I~: Pml~nt
L"t~BZT B
P, 25/30
PEC-04-9? 12 25 '
'ABACU~ ;AI4190 ABACUS System ~/10/97~19:57:55 Page~ 2
Escrow Ledger
Branch~ S6919 EubBr= ~6919 order: 9628731 Clo~r~ JMR Closed: 6/25/1996
Memo= $$000 in in= bearing acc= SCNB - disburs~ by 7-1-97
................................. Che=king ....... ~ ...........................
Date Trn Payor/Payee Check/Ref Bank !nit A~ou~t
~211997 1~ CDP Imaging System~ 3933 75~9 LMP
3~11997 12 Michael,~ Lamp Studio, Inc. 3934 7~9 LMP -~0a9.17
$011997 41 SCN~ loan fun~s WIREIN 7559 MA~ 3332.00
50219~7 12 Paul Wellen & As~ociate~ 413~ 7559 SDT
5021997 42 S-2-97 voia~a wire in wrg a~t CORR 7~9 MAN
~021997 ~1 SCN~ £und~ hal of loan funds WIR~IN 7559 ~ 11170.3~
5021997 1~ ~lee~am Furnishing= and Design 413~ 7559 ~ -7838.33
? Checking Total: 0.00
< ........................ Open Items ...................................
Seq D~scription Orig Amount Open
1 **Onderf~nded closing** -958500.00 0.00
opQn I~em Total= 0.00
P. 24/30
,.. ~scrow ~ed~er ,..
Branch; 5~919 Sub,r: !' )19 Order= 9628731 Ci~ .'r: JMR Closed: 6/~5/1996
Memo: $5000 in iht bearing a~ot BCN~ - disburse Dy 7-1-97
< ................................ ~ checking .... r ...............
Date Trn Payor/Payee Che=k/Ref BaD, g. Init Amount
6251996 i Stearns ~ounty National ~ar~ BANK ?~59 JI(R 124~9.92
6251996 12 Tit~e Professionals and Abstract 2548 7559 M~W -2913.2~
6251996 12 Hennepin County Recor4er 2549 7559 1~ -76.5(
6251996 12 Hennepin County Treasurer 2550 75~9 MMW
6251996 12 H~nnepin county Treasurer 2551 7559
6251996 12 stearns County National Bank of A 2552 7559 HMW -4770.0(
6251996 12 Metron~ Inc. 255~ 7559 KNEW -2500.0(
6271996 1 $CNB DIR~CTDEP 7559 MAR 3305~8.5~
6271996 42 First American Title (land ~urcha WIREOUT 7~59 MAN -256517.2~
6271996 12 Miller Architects & Builders 2578 75~9 M~ -61852.0(
7091996 3 stearns COUnty'National Bank BANK 75~9 JMI{ "-124~9.91
8091996 12 Miller Architects A Builders Inc. 2796 7559 MMW -43737.3~
8091996 A1 Stear~= Count~ National Bunk of A D1RECTDEP 7559 M~ &3737.3~
9121996 i2 Miller Architects & ~uilders Inc. 2971 7559 Jl~ -111936.6(
9121996 41 stearns County National Bank DIRECTDEP 755~J~ 111936.6(
9211996 45 8-9-96 dap was to file 9628~21 DIRECTDEP 75~9 ~ -43737,~
9211996 45 9-12-96 dap was to rile 9628821 DIRECTDEP 7559.~3%Iq -111936.0(
9211996 45 8-9-9~ ps=d to 9628731 s~ 9628~21 2796 7559 MAN 43737.3[
9211996 45 9-12-96 p~td to 9628731 sb 962882 2971 7559 ~ 111936.0(
9231996 &~ 9-21-96 2971 ck partly on 9§~8821 CORR 75~9 MAN -29000.3[
9231996 45 9-12-96 pt £unded fr 9628821 CORR 7~59 MAN 29000.3;
9241996 41 Stearns County National Bank of A DIRECTDEP 7559 HHW 14000.0(
9241996 12 Fleetham Furnishings & Design 3020 7559 MMW -14000.0(
10031996 41 Stearns County National Bank of A DIR~CTDEP 7559 MHW
10031996 12 Miller Architects & Builders 3086 7559 ~ -159008.8;
10291996 41 SCNB WIREIN 7559 MAN 7390.0~
i030~996 12 McGraw Landscaping & Nursery 3332 7559 cLI~ -7390.0(
11111996 12 ~enneDin county Recorder 3401 7559
11121996 12 McGraw Custom Landscaping 3404 7559 M/4W -13905.1~
111~1996 41 SCNB DIRECTDEP 7~59 P~ 13929.6(
11131996 41 SCl~ DIR~CTD~P 7559 ~ 1~6009.4[
11131996 12 Miller Architects &Blders ~424 ';559 MMW -1960~9.4'
11201996 41 SCNB ° DIRECTDEP 7559 ~ 1147.0~
11201996 12 McGraw custom Landscaping 3457 7S5~ PL~ -1147.0{
1061997 41 SCNB DIRECTDEP 7559' LMP 36193.8~
1061997 12 Telemation Communications, Inc. 3599 7559 LMP -5738.0~
1061997 12 Miley's sprinkler Systems 3600 7559 LMP -7386.0~
1061997 12 Keith Hanstad Custom Furniture & 3601 75~9 LMP -1776.0~
1061997 12 Backer Br6ther~, Inc. 3602 7559 LMP -3R79.6~
1061997 12 Pre Enterprise, Inc. 3603 7559 L~ -10750.4~
1061997 12 American Lighting, Inc. 3604 7559 L~P -6663.6~
1231997 41 SCNB DIR~CTDEP 7559 LMP 11351.~
1231997 12 Allmakes Of£ice Furniture of MN, 3672 75~9 L/~D -7519.6~
1231997 12 Valley Clockworks Inc. 3673 7559 L14~ -1917.0(
1231997 12 Vacuum Cleaner Service 3674 ';559 LMP -390.9~
1231997 12 Minnesota Pollution control Agent 3675 7559 I.MP -1523.8~
1271997 41 SCNB DiRECTDEP 7559 LI~P 102896.7:
1271997 42 tSf to iht bear acct-SCNB AUTOD~IY 7559 LMP -5000.0(
1271997 12 Miller Architect~ & Builders 3677 7559 LMP -97896.72
2041997 41 SCNB DIRECTDEP 7559 LMP 32203.4'.
2041997 12 Metropolitan Piano Gallery 3692 7559 LIHP -32203.4',
3211997 41 SCNB DIR~CTDEP 7559 LMP 13359.82
3211997 ~2 Gorder Supply 3932 7559'LMP -7125.9~
P, 23/30
.DE0-04-97 T[-{U 12:24 ,
(ZERT!FICATE OF C>,strib.,~ ,o:
SUBSTANTIAl. ^,c~,'r~c'r ~
COA4PLL~iON F,~C, ~
OTHER (~
A/A DOCUM[NT (;704
{name. add~ess)' 7300 42~d Ave, N.
Ney BoDe. NN 55428 ARCHITIiCT'DPROJl!CT HI, JMItI~R: 94-014
TO(Owne~): Neil.& Dan ~cGraw CONTRACTOR: Miller Archi~ect~ a slurs,
~ 9947 Lyndal~ Ave, S. ~
L J CONTRACT OAT[; 6-11-95'
DATE OF ISSUANCE: January 3, 1997
r'goJ~CT O~. DESIGNATF. D PORTION SHAt. L INCLUDE:
G~eral ~ong~uction
Thc Wo,k performed unOet [his Con~rac~ has been reviewed and f~und to ~e ;ub~lant;al~y complete. The O;:e of Subs[amalfi
Comple~ion o1 the Ptoject Ot portion thereof designated a~ve i~ ~e;e~y es~li~ed as
January 3, lgg7
which [s also the date of commencemenf of apphcable watf&nt~e~ rcquimd by thC Contrac~ Documents; ezcept aS sta:ed below.
The Dare of Subs~an~,al COmpletion of ~he Work or de¢i~nated pardon ~het~f i~ the Date cetlili~ by the Architect when
cunst~ucuon ss suHJciemlv complete. ~n accordance w~th the Cnn~rac~ Documents, sO the Owner can ~cugy or utiihe the
Work 0t designated ~rtion the,~flf for the us~ fo~ which ;t I~ intendeD. ~S expressed in :he Contract OocumeR:s.
A llst o~ items to be completed o, co.ectcd, prepared by ¢te Con~tzdtor ~nd veCfied and lmend~ by the Archltact..
at~athed hereto. T~adure to include any itcm~ on luch lls~ does not ~l~er :he eespOnaibjl~ty of the Contractor to complete
Work' in ac¢ord~ with the Co'tract DocumentL The da(e of commencement ot warranties for items on the at,chad llst
· b. ,he d.z.~.l p.y~unles, oth.~is, agr. d loln writing.
.____¢' . . .
.-. ' fram the above Date of $ubatafl~ial Comp/etlon.
_ q 7
CONTRA~OI ...... -DA~
Th~ Owner a¢cegts lhe Work ar desian~te4 poaion ~hereo~ aa substantially complete and will ass~ ~.11 ~ssession th~r~f
i~ime) og tdateL
BY DATE:. · .
The esponsibil~ties of the o~vner and ~he C0nt,aCtOr for Secu¢,tyi"m~i~:en~'~ce, H~az, u~ili.tie'~'~amaSe to the WOrk
' ' ~'~d'insG.ance ~hall be as, follows · ' .....
. '¢--~,'~~,;f;..):~i. ;..,,,':~.;',2~.~:~:,5.'.;~..~,~' ...,.";;.; .'...:'~' -. :.'. ";' ?.. '.'.~t&~"~"" .?=%'"-~':%:.'"¢ .... "~ 'v': ..... : ....'"-'~; .... , ....... m., ....... · ... ,
'~"~ ~,..~'~7~¥'~'~,'."'.<'/;~%;?".¢"; .......... '." i"' ' .... ~* ';,.',JV.'..','? .' . ,'" ' . '.. "· . : ...... ¢ ' '.' ' ' '- ........"
~,..,;',. ~,.ff..%';,, .:., ;..::?,.,,....;: f...,.: , .' ~.' .~' · ', . ~ .,,.,,; :., ,,'., . .., ,.:. %:,/ 4-...:',-,. ;,,'. . ..'. · ,. '., . ' ' ' , ........
'''""'~'?' "'"'~ '."' ....... ~ * .' ' ". ': ;' t.' .~ " "; ': : '" ' ""' ' ~' ' .... '
P, 22/30
DEO-04-97 TRU 12:24 .- - '*.
3, The President and Executive Director of the EDA 'are authorized and
clirect~d to sign the Certificate of Completion attached hereto es
Exhibit C.
Adopted by th~ Economio Development Authority in and for the City of New
Hope this 8th day o{ December, 1997.
President
Attest:
Executive Dir~ot°r '
,DEO-04-97 THU ~2:23 P, 2~/30
EDA RESOLUTION NO. 97-
RI;SOLUTION AUTHORIZING
CEI~ITIFlCATE OF COMPLETION
FOR REDEVELOPMENT PROJECT
(IMPROVEMENT PROJECT NO, 5Z3)
WHEREAS, the EconomiG Development Authority in and for the City of New
Hope (the EDA) sold certain real estate known as 7300 42'" Avenue North, New
Hope (the Property) to Gill Brothers Funeral Chapels, lnG. (the Recievelo_per) on June
24, 1996, and
WHEREAS, the Property was to be improved bV the Redeveloper with the
~onsl~tion of a funeral home (the Project), with tax in~rernent financing
assistance by the EDA, ail as set forth in the Redevelopment Agreement dated
October 9, 1995 between the EDA and the Redeveloper (the Agreement), and
WHEREAS, after completion of the Project, Sections 4.3 and 0.1 of ~he
Agreement require the Redeveloper to provide the EDA with a Certificate of
Subs~anl~ai Completion from the Redeveloper's architect, and a certificam certifying
that the costs for the items set forth in Exhibit D to the Agreement have been paid,
and the aggregate amount of said costs, and
WHEREAS, Redeveloper has provided to the EDA the architect's Cer~Jficate
of Substantial Completion, a copy of which is attached hereto as Exhibit A and
incorporated by reference, and the certification of costs, a copy of which is
attached hereto as Exhibit B and incorporated by reference, and
WHEREAS, after the oompletlon of the Project and receipt of the Certificate
of Substantial Completion and the certificate of costs, Section 4.3 of the
Agreement calls for the EDA to furnish the Redeveloper with a Certificate of
Completion. a copy of which is attached hereto as Exhibit C, as conclusive
evidence of satisfaction and termination of the agroernents and covenant~ of the
Agreement with respect to the obligations of the Redeveloper to complete the
Project.
NOW, THEREFORE, RE IT RESOLVED by the EconomiC Development
Authority in and for the City of New Hope as follows:
1. The above recitals are incorporated by reference.
;~...' 2. Receipt of the Certificate of SuSstantiaJ (~omptet~on {rom t~e
Redeveloper's architect, and the certification of costs from the
Redeveloper, are acicnowledged.
DE0-04-97 THU t4:38 P, 05(05
Daniel J, Donahue
December 4, 1997
page 2
An for the first i~ue, now that construction of the projeot ia oompleted, ~e
Redeveloper has minimal financial abligafions remaining under the
Redevelopment Agreement. in add.on, by law, the a~ignom, Gill Brothers
Funeral Chapels, inc. and Nell McGraw inclividuallv, will still be obligated to the
EDA for the performance of the Redeveloper's dutJse. As for the seoond item,
the Assignment and Assumption dooumenta clearly require ~e assignees to
assume all of the obligations and liebilitie~ of the assignors.
If the EDA agrees to consent ~o the transfers, the enclosed Resolution
Approving Transfer of Ownership of Gill Brothers Funeral Home can be i:)assed.
so enclose you will find a Resolution Authorizing Certificate of Comp/etion
for Redevelopment Project No. 85-2. We have now received the
documentation and oertificaflon as to firlal cots~lr from Gill Brothem Funeral
Chapels, inc. Under the Redevelopment Agreement, the EDA can now issue
the Certific~m of Completion, which will allow Gill Brothem t~ begin collecting
reimbursement of the certified
Thia Resolution can also be passed by the EDA.
Please call if you have any questions.
Sincerely,
Martin P. Malee,~e
Assistant City Att=ney
M3th
Enclosure
Kirk McDonald, Management Aesi~ant (w/eno}
Valerie leone, City Clerk {w/encJ
Steven A. Sonckall, City Attorney
P, 04/05
DE0-94-97 ~HU t4:38 ,,
Conalcx & So,tonal, EA.
~,~ ~. ~n~ 8525 Edi~br~k
Br~kl~ Park, M~mesota 55443
December 4. 1997
Daniel J Donahue
EDA Execul/ve Director
4401 Xylon Avenue North
New Hope, MN 56428
RE: Gill Brothers Funeral Chapel
7300 42"~ Avenue North
Our File No. 09.11141
Dear Dan:
The attorneys for Nell McGraw have approached the EDA eld the City for
eon~ents to the transfers o~ ownership of the property at 7300 42"a Avenue
North. The transfers are apparently for estate planning purposes on the part of
Mr. McGraw, and consist of a three step process. The first is the assignment
of the various contracts (the Redevelopment Agreement with the EDA, the
Variance Sits imorovernent Agreement with the City, and l~e mortgages and
other miscellaneous documents), along with the real e~ce, from Gill Brothers
Funeral Chapel~ Inc. to Nell McGraw. The second steO ia a lease of tho
property by Nell McGraw back to Gill Brothers Funeral Chapels, Inc. Finally,
Nell McGraw will assign and transfer hie interest in the various contracts and
the real estate, including the lea~e, to NEM Family Umited Partnership.
We have examined the Agreement of Partnership of NEM Family Limited
Partnership, the Articles of Incorporation and Bylaws of NEM Holdings
Corporation, the general partner of NEM Family Limited Parmemhlp, the
Assignments and accompanying Quitclaim Deeds, and the Lease. All appear to
be in order.
The Redevelopment Agreefrent requires the Redeveloper obtain the consent of
the EOA 1:o any tranefe, r of the Drol:~rW. The EDA criteria are whether the
proposed a'ansferees have the qualificagone arid financial reaDonsibiliW
necessary to perfoml the obligations in the Redevelopment Agreement. and
whether the transferees aeaurne ail of the obflgations under the Redevelopment
Agreement
DE0-04-97 THU 12:35 P, 03/22
Daniel J, Donahue
De~ember 4, 1997
Page 2
Ptea~e call if you have any question&
Sincerely, -
Martin P. Maleeha
Assistant City Attorney
M3th
Enclosure
Kirk McDonald, Manag~nent Assistant (w/eno)
Valerie Leone, City Clerk (w/en¢)
Steven A. Sondrall, City Attorney
REQUEST FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager ~,, EDA
/.~ 12-8-97 Item No.
Kirk
McDonald
/
By:
Management Assistant '-'~
RESOLUTION AUTHORIZING CERTIFICATE OF COMPLETION FOR REDEVELOPMENT PROJECT
85-2 (IMPROVEMENT PROJECT NO. 523) -
The enclosed resolution authorizes the Certificate of Completion for the Gill Brothers Funeral Chapels,
Inc. development at 7300 42"d Avenue North. As you are aware, the property was to be improved by the
developer with the construction of a funeral home with tax increment financing assistance by the EDA.
After completion of the project, the agreement requires the developer to provide the EDA with a
Certificate of Substantial Completion from the architect and a certificate certifying that certain costs have
been paid. The developer has provided both of these items to the EDA and they are attached as Exhibits
A and B. After receipt of the documents, the agreement calls for the EDA to furnish the developer with a
Certificate of Completion. The attached resolution accepts these documents and authorizes the
President and Executive Director of the EDA to execute the Certificate of Completion, which will allow
Gill Brothers to begin collecting reimbursement of the certified costs.
Staff recommends approval of the resolution.
MOTION BY ~ SECONDBY ,~
I
Review: Administration: Finance:
RFA-O01 ~
DEO-04-97 THU t2:35 P, 02/22
Co~r~cK & Sorr~,z,r.,, P.A.
~ . ^. eONOr~.~. ATTORNEYS AT
m~N ~. M~c~ 8525 Edinbrook Crossing
Br~M~ P~E, Minnes0~ 55443
Desember 4, 1997
Daniel d Donahue
City of New Hope Manager
4401 Xylon Avenue North
New Hope, MN 55428
RE: Gill Brothere Funeral Chapel
7300 zL2n~ Avenue North
Our File No. 99. tl 141
Dear Dan:
The attorneys for Nell McGraw have approached the EDA and the City for
consents to the transfers of ownership of the property at 7300 42~ Avenue
North. The transfers are apparenlJy for esl:ate planning purposes on the part of
Mr. McGraw, and eon~i~ of a three etep procese. The first is the assignment
of the various ¢onl~acts (the Redevelopment Agreement with the EDA, the
Variance Site Improvement Agreement with the City, and the mortgages and
other m/s=eilaneou$ documents), along with the real aerate, from Gill Brothers
Funeral Chapele, Inc. to NeB McGraw. The second stele is a lease of the
prGperty by Nell McGraw back to G~I Brothere Funeral Chapels, In=. Finally,
Nail McGraw will a~ign and transfer hia interest in the various contracts and
the real eatate, including the lease, to NEM Family Umited Parznership.
This maitre is before the Council because the Variance Site Improvement
Agreement between the City and Gill Brothers Funeral Chapels, Inc. is among
the documents being assigned. All work required by the Variance Site
Improvement Agreement has been completed, and the security has been
released.
The F_DA ia alao being asked to ooneent to the t~anefers, ~d to issue a
Certiflcam of Completion for 1fie project.
If the City agrees to ~onsent to the transfers, the enoloeed Resolution
Approving Transfer of Ownership of Gill Brothers Funeral Home can be passed.
EDA RESOLUTION NO. 97- 12
RESOLUTION AUTHORIZING
CERTIFICATE OF COMPLETION
FOR REDEVELOPMENT PROJECT 85-2
(IMPROVEMENT PROJECT NO. 523)
WHEREAS, the Economic Development Authority in and for the City of New
Hope (the EDA) sold certain real estate known as 7300 42"" Avenue North, New
Hope (the Property) to 6ili Brothers Funeral Chapels, Inc. (the Redeveloper) on June
24, 1996, and
WHEREAS, the Property was to be improved by the Redeveloper with the
construction of a funeral home (the Project), with. tax increment financing
assistance by the EDA, all as set forth in the Redevelopment Agreement dated
October 9, 1995 between the EDA and the Redeveloper (the Agreement), and
WHEREAS, after completion of the Project, Sections 4.3 and 6.1 of the
Agreement require the Redeveloper to provide the EDA with a. Certificate of
Substantial Completion from the Redeveloper's architect, and a certificate certifying
that the costs for the items set forth in Exhibit D to the Agreement have been paid,
and the aggregate amount of said costs, and
WHEREAS, Redeveloper has provided to the EDA the architect's Certificate
of Substantial Completion, a copy of which is attached hereto as Exhibit A and
incorporated by reference, and the certification of costs, a copy of which is
attached hereto as Exhibit B and incorporated by reference, and
WHEREAS, after the completion of the Project and receipt of the Certificate
of Substantial Completion and the certificate o~ costs, Section 4.3 of the
Agreement calls for the EDA to furnish the Redeveloper with a Certificate of
Completion, a copy of which is attached hereto as Exhibit C, as conclusive
evidence of satisfaction and termination of the agreements and covenants of the
Agreement with respect to the obligations of the Redeveloper to complete the
Project.
NOW, THEREFORE, BE IT RESOLVED by the Economic DeveloPment
Authority in and for the City of New Hope as follows:
1. The above recitals are incorporated by reference.
2. Receipt of the Certificate of Substantial Completion from the
Redeveloper's architect, and the certification rOf costs from the
Redeveloper, are acknowledged.
3. The President and Executive Director of the EDA are authorized and
directed to sign the Certificate of Completion attached hereto as
Exhibit C.
Adopted by the Economic Development Authority in and for the City of New
Hope this 8th day of December, 1997.
President
l:xecutive Director
· CERTIFICATE OF
OWN~
SUBSTANTIAL ^RCH T CZ
CONTRACTOR r'l
· . COMPLETION []
OTHER
AIA ~)OCLJMENT C704
PROJECT: Gill Brothers Funeral Home: ARCHITECT: Cole Group A'/'chit~s
(n~me, addressl' "/300 42~d Av~. N.
Ne',,' Hope, NN 55428 ARCHITECT'S PROJECT NUMBER: 94-0].4
TO(Owner): Ne':-]. & Dan N'c'grav CONTRACTOR: H~l].or Architects & B.l. drs.
.Minneapolia, .~"55~20. CONTRACT FOR: New
J CONTRACT OATE: 6- 1. ].-95-
E)ATE OF ISSUANCE: ,.Tanua~¥ 3, 1.99'7
PROJECT OR DESIGNATED PORTION SHALL INCLUDE:
General Construction
The Work performed under this Contract has been rev{ewed and found to be substantially compJete. The Dote of Substanli~
Completion of lhe Project or portion thereof deugnated above is hereby established as
January 3., 1997
which is alsn the dare of commencement of apphcable warranties required by the Contract Oocument~, except as sro:ed below
DEFINITION OF DATE OF SUBSTANTIAL COMP~TION
The Oa(e Of 5ubs[anhal Completion of the Work or designated po,tion thereof ,~ the Date certified by the Architect when
construction ~s sufficiently complete. ~n accordance w,th the Cnntract Documents. So the Owner can occupy or utilize the
Work Or designated portion thereof for the use for which ;I is intended, as expressed in the Contracl Documents.
A list o~ ~tems to be completed o~ corrected, prepared by d~e Con(factor and verified and amended by the Architect.
attached hereto. T~adure tO include any items on such list does no~ al~er the responsibility pi the Contractor to complete ~11
Work' in ac¢ord~ w~th the Contract 0ocuments. The date of commencement pi warranties for items on the attached list
'b. Ih. dale~.l ~.y;e~unless othe~ise asr.d to~n writin8.
ARC. CT BY DATE
The Contracto~ w,II complete or correct the Work on the list of ,terns attach~ hereto within days
from the above Date of Subs[antl~i Completion.
CONTRA~OR / BY DATE
The Owner acce~ts the Work or designated potion thereof as substantially complete and will assume full possession ther~f
at (time) og (date).
OWNER BY DATE
~he respons,b~imes of the Owner and the Contractor for secunt¥, maintenance, he;,z, utilities, damaBe to the Work
and insdrance shall be as.follow~
tNm~Owne~'s ~nd C'ont,ac~oFs legal and insurance ¢°un~el should d~t*',m,ne and ,ev~e~ msuta,,ce requ~temenU a~d cave,age; Conrtacm~
shall secu,e consene pi su,ety
AIA DOCUMENT GTD4 , CIRTI~'ICATE OF SUBSTANTIAL COMPLETION" APRIL 1971 EDITION · AIAe'
Escrow Ledger
Branch: 56919 SubBr: ! ~19 Order: 9628731 Cid r: ~ Closed: 6/25/19.96
Memo: $5000 in iht bearing acct SCNB - disburse by 7-1-97
< ........... Checking
Date Trn Payor/Payee Check/Ref Bank. Init Amour
6251996 1 Stearns County National Bank BANK 7559 ~ 12469.~
6251996 12 Title Professionals and Abstract 2548 7559 ~ -2913.~
6251996 12 Hennepin County RecOrder 2549 7559 MMW -76.~
6251996 12 Hennepin County Treasurer 2550 7559 MMTW -2204.~
6251996 12 Hennepin County Treasurer 2551 7559 MMW -5.(
6251996 12 Stearns County National Bank of A 2552 7559 ~24W -4770.(
6251996 12 Metron, Inc. 2553 7559 ~ -2500.(
6271996 1 SCNB DIRECTDEP 7559 MAN 330838.5
6271996 42 First American Title (land purcha WIREOUT 7559 M~ -256517.2
6271996 12 Miller Architects & Builders 2578 7559 M/4W -61852.C
7091996 3 Stearns County National Bank BANK 7559 J~ '-12469.~
8091996 12 Miller Architects & Builders Inc. 2796 7559 M~ -43737.3
8091996 41 Stearns County National Bank of A DIRECTDEP 7559 M/4W 43737.3
9121996 12 Miller Architects & Builders Inc. 2971 7559 J~ -111936.6
9121996 41 Stearns County National Bank DIRECTDEP 755~JMR 111936.6
9211996 45 8-9-96 dep was to file 9628821 DIRECTDEP 7559 MAN -43737.3
9211996 45 9-12-96 dep was to file 9628821 DIRECTDEP 7559~M~ -111936.C
9211996 45 8-9-96 pstd to 9628731 sb 9628821 2796 7559 M~ 43737.3
9211996 45 9-12-96 pstd to 9628731 sb 962882 2971 7559'M~ 111936.£
9231996 45 9-21-96 2971 ck partly on 9628821 COP~R 7559 M3%N -29000.3
9231996 45 9-12-96 pt funded fr 9628821 CORR 7559 ~ 29000.3
9241996 41 Stearns County National Bank of A DIRECTDEP 7559 ~ 14000.0
9241996 12 Fleetham Furnishings & Design 3020 7559 MMW -14000.0
10031996 41 Stearns County National Bank of A DIRECTDEP 7559 M/4W 159008.8
10031996 12 Miller Architects & Builders 3086 7559 MMW -159008.8
10291996 41 SCNB WIREIN 7559 ~ 7390.0
10301996 12 McGraw Landscaping & Nursery 3332 7559 CLM -7390.0
11111996 12 Hennepin County Recorder 3401 7559 M~ /~24 5
11121996 12 McGraw Custom Landscaping 3404 7559 M~W -13905.1
11121996 41 SCNB DIRECTDEP 7559 M~ 13929.6
11131996 41 SCNB DIRECTDEP 7559 ~ 196009.4
11131996 12 Miller Architects &Blders 3424 7559 ~ -196009.4
11201996 41 SCNB · DIRECTDEP 7559 MP[W 1147.0
11201996 12 McGraw Custom Landscaping 3457 7559 ~ -1147.0
1061997 41 SCNB DIRECTDEP 7559" LMP 36193.8
1061997 12 Telemation Communications, Inc. 3599 7559 LMP -5738.0
1061997 12 Miley's Sprinkler Systems 3600 7559 LMP -7386.0
1061997 12 Keith Hanstad Custom Furniture & 3601 7559 LMP -1776 0.
1061997 12 Becket Brothers, Inc. 3602 7559 LMP -3879 6
1061997 12 Pre Enterprise, Inc. 3603 7559 LMP -10750 4
1061997 12 American Lighting, Inc. 3604 7559 LMP -6663 6.
1231997 41 SCNB DIRECTDEP 7559 LMP 11351 5
1231997 12 Allmakes Office Furniture of MN, 3672 7559 LMP -7519 6
1231997 12 Valley Clockworks Inc. 3673 7559 LMP -1917 0
1231997 12 Vacuum Cleaner Service 3674 7559 LMP -390 9
1231997 12 Minnesota Pollution Control Agenc 3675 7559 LMP -1523 8~
1271997 41 SCNB DIRECTDEP 7559 I24P 102896 7~
1271997 42 tsf to int bear acct-SCNB AUTODEBIT 7559 I~MP -5000 O.
1271997 12 Miller Architects & Builders 3677 7559 LMP -97896 71
2041997 41 SCNB DIRECTDEP 7559 LMP 32203 4'
2041997 12 Metropolitan Piano Gallery 3692 7559 LMP -32203 4'
3211997 41 SCNB DIRECTDEP 7559 LMP 13359 8.
3211997 12 Gorder Supply 3932 7559' LMP -7125 9
ABACUS :AI4190 ABACUS System 5/10/97:19:57:55 Page: 2
Escrow Ledger
~ranch: 56919 SubBr: 56919 Order~ 9628731 Closer: JMR Closed: 6/25/1996
Memo: $5000 in int bearing acct SCNB - disburse by 7-1-97
- Checking
Date Trn Payor/Payee Check/Ref Bank Init Amount
3211997 12 CDP Imaging Systems 3933 7559 LMP -3204.65
3211997 12 Michael's Lamp Studio, Inc. 3934 7559 LMP -3029.17
5021997 41 SCNB loan funds WIREIN 7559 MAN 3332.00
5021997 12 Paul Wellen & Associates 4136 7559 SDT -3332.00
5021997 42 5-2-97 voided wire in wrg amt CORR 7559 MAN -3332.00
5021997 41 SCNB funded bal of loan funds WIREIN 7559 MAN 11170.33
5021997 12 Fleetham Furnishings and Design 4138 7559 MAN -7838.33
Checking Total: 0.00
<_ Open Items '-->
Seq Description Orig Amount Open Amount
1 **Underfunded closing** -958500.00 0.00
Open Item Total:. 0.00
**** End of Report ****
~ ?ROM L H O L LTD. iSTH FLOOR ~2.0~, 1997 l~152 p. [
CERTIFICATE OF PRESIDENT
~ The undersigned, thc duly ¢lccted President of GILL BROTIIERS FUNERAL
CHAPELS, INC., a corporation duly organized and existing under the laws of the State of
Minnesota (the "Corporation"), does.hereby certify on behalf of the Corporation the following:
The costs for thc itcms described in Schedule D (a copy of which is attached
hereto) to that certain P,~development Agreement dated 0~toher 9, 1995; by
and between the Corporation and the Economic Development Authority in and
for the City of New Hope, Minnesota, have been paid by the Corporation, and
the aggregate amount of such costs was $ 355.0~,7. oo .
)f WITNBSS WHEI~OF, thc undersigned has executed this Certifi.cate as of
C. // . ,1997.
GILL BROTHERS
CHAPELS, INC.
Its:
0347812,0!
~-~-IIBIT B
FROM L H D L LTD. I~TH. FLOOR [2.{33. ,!.997'
/
SCHEDULE O
PORTION OF PROJECT THE COSTS OF WHICH ARE
ELIGtSLE FOR REIMBURSEMENT FROM BOND
Ac~:ual
LAND $254,826 $25&,82t~
EXCAVATION & BACKFILL 28,800 2z~,~27
LANDSCAPING & SPRINKLING 22~700 2g~8~'8
SANITARY .SEWER & WATER 14~40.0 1~,9[9
PARKING LOT 27~60.0 20,6&t
CU.aZNe
TOTAL: $357,806 $355,0&?
CERTZFZCATE OF COMPLETION
WHEREAS, Gill Brothers Funeral Chapels, Inc,, a Minnesota
corporation ("Owner") is the owner of the property in the County of
Hennepin and State of Minnesota described on Exhibit 1 attached
hereto and made a part hereof ("Property"); and
WHEREAS, the Property is subject to the provisions of a
certain Redevelopment Agreement (the "Agreement") dated October 9,
1995 by and between Owner and the Economic Development Authority in
and for the City of New Hope, Minnesota, a Minnesota municipal
corporation (the"EDA"); and
WHEREAS, Owner has fully and duly performed all of the
covenants and conditions of Owner under the Agreement wCth respect
to the completion of the Project (as defined in the Agreement);
NOW, THEREFORE, it is hereby certified that all requirements
of Owner under the Agreement with respect to the completion of the
Project have been completed and duly and fully performed, and this
instrument is to be conclusive evidence of the satisfactory
termination of the covenants and conditions of the Agreement as
they relate to the completion of the Project. All other covenants'
and conditions of the Agreement shall remain in effect and are not
terminated hereby.
Dated this 8th day of December. , 1997.
ECONOMIC DEVELOPMENT AUTHORITY
IN AND FOR THE CITY OF NEW HOPE,
Its Executive Director
~XHIBIT C
STATE OF MINNESOTA )
) SS
COUNTY OF.HENNEPIN )
Co,The forego_~ing instrument was acknowledged before me this
1997 by W Peter Enk and Daniel
~ ' day of ~)~ E, , ·
j. Donahue, the President and Executive Director, respectivelY, of
the Economic Development in and for the City of New Hope,
Minnesota, a Minnesota municipal corporation, on behalf of said
municipal corporation. ~~
Notary Pub~i'c
This Instrument Was Drafted By:
CORRICK & SONDRALL, P.A.
8525 Edinbrook Crossing, Suite 203
Brooklyn Park, MN 55443
EXHIBIT 1
REDEVELOPMENT PROPERTY
Lot 1, Block 1, City Center Addition, according to the 'plat
thereof on file and of record in the office of the County
Recorder, Hennepin County, Minnesota,