032392 EDAOFFICIAL FILE COPY
CITY OF NEW HOPE
EDAA~E~DA
EDA Regular Meeting
Agenda #¢
President Edward J. Erickson
Commissioner W. Peter Enck
Commissioner Gary L'Herault
Commissioner Gerald Otten
Commissioner Marky Williamson
March 23, 1992
1. Call to Order
2. Roll Call
3. Approval of Minutes of March 2, 1992 Work Session
4. Resolution Appointing Directors to the Board of ~he New Hope
Community Revitalization Corporation
5. Consideration of Request for Extension on Development Contract
Improvements, Autohaus, Inc., 7709 42nd Avenue North
6. Discussion Regarding Market Value of New Hope Terrac~ Property
7. Adjournment
EDA
Worksession #1
CITY OF NEW HOPE
4401XYLON AVENUE NORTH
HENNEPIN COUNTY, MINNESOTA 55428
March 2, 1992
City Hall, 6:00 p.m.
C/~T.T. ~ ORDER
ROr.r.C.a,T.T.
APPROVAL OF
MINUTES
DISCUSSION
ACQUISITION OF
FOREMOST, INC.
PROPERTY, 7528
42ND AVENUE
NORTH, IMPROVE-
MENT PROJECT
474
The New Hope EDA met in special work session pursuant to due
call and notice thereof; President Erickson called the meeting
to order at 6:40 p.m.
Present: Erickson, L'Herault, Otten, Enck, Williamson. Staff
present: Dan Donahue and Kirk McDonald. Also present: Steve
Sondrall, City Attorney.
Motion by Commissioner Williamson, seconded by Commissioner
Otten, to approve the February 10, 1992 EDA minutes as written.
Voting in favor: All.
City Attorney Steve Sondrall initiated discussion of this issue
by stating one of the thoughts staff had was the creation of a
hazardous substance sub-district which would be a sub-district
within the tax increment financing district in the redevelopment
plan. The question was if the County would change the net tax
capacity or the frozen tax base of the properties that are
subject to the contamination. If the City did buy the property
and demolished the buildings and had new redevelopment, could
the City experience any increment from that redevelopment and
could it be used within that district. Bond and TIF Consultant
Jerry Gilligan told the City that the City could create this
district and use tax increment money on those properties to
remediate and remove the contamination.
The EDA discussed Foremost's financial condition at length.
City Manager Donahue stated that Hennepin County evaluated the
property for tax purposes down to $235,000 which drops the value
of the property substantially. Commissioner Enck expressed
reservations about getting into this issue as he sees no value
to the City for the acquisition of this property. Chairman
Erickson concurred.
Commissioner Enck stated that if the City buys the property,
then the City is responsible for clean-up costs and if it is
condemned the City is responsible for relocation costs plus all
the fees, legal and other incurred expenses.
New Hope EDA Worksession
Page 1
March 2, 1992
MO~ION
OTHER
BUSINESS
MOTION
ADJOURNNENT
Motion by Commissioner Enck, seconded by Commissioner L'Herault,
recommending to staff that they discontinue discussions
concerning Foremost and not to proceed with the acquisition of
the Foremost property at this time. Voting in favor= Ail.
City Attorney Sondrall stated that the City had received the
appraisals on the Electronic Industries property (7516 42nd
Avenue North) which indicated there is a value of $18,000 on the
property. The City has been holding off on the hazardous
building complaint and action if the City wanted to acquire it.
The City Attorney stated that Electronic Industries should now
be forced to either bring their building up to code or raze the
building. City Attorney Sondrall asked the EDA if they were
still interested in acquiring the Electronic Industries
property. Commissioner Enck stated if the property was priced
reasonably and if the City would not be responsible for a large
amount of clean-up, he would like to see that property
purchased. Commissioner Otten stated that he would like to see
Electronic Industries commit to selling to the City for
redevelopment purposes. Commissioner Enck stated that he would
like to see the matter proceed as follows= proceed with the
demands that the building is removed or rehabilitated and see
what kind of a response the City receives and have someone
working with the PCA to monitor the property.
Motion by Commissioner Otten, seconded by Commissioner Enck, to
have staff proceed with the condemnation of the Electronic
Industries building under the hazardous building complaint and
report back to the EDA if Electronics Industries wish to
negotiate the sale of their property to the City. Voting in
favor: All.
Motion by Commissioner L'Herault, seconded by Commissioner Enck,
to adjourn the EDA meeting. Voting in favor - Ail. The EDA
meeting adjourned at 7=00 p.m.
Respectfully submitted,
City Clerk
New Hope EDA Worksession
Page 2
March 2, 1992
~ REQUF_~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
3-23-92 Item No.
Kirk McDonald
By: Management Assistant By: 4
RESOLUTION APPOINTING DIRECTORS TO THE BOARD OF THE NEW HOPE
COMMUNITY REVITALIZATION CORPORATION
The New Hope Community Revitalization Corporation met on March 16, 1992, and elected
directors and officers. The enclosed resolution officially appoints the directors and officers
to serve until the next annual meeting.
Staff recommends approval of a resolution appointing directors to the Board of the New
Hope Community Revitalization Corporation.
MOTION BY '~'~~ SECOND BY ~ ~
Review: Administration: Finance:
RFA-O01 ~
RESOLUTION NO. 92-
RESOLUTION APPOINTING DIRECTORS
TO THE BOARD OF THE
NEW HOPE COMMUNITY REVITALIZATION CORPORATION
BE IT RESOLVED by the Economic Development Authority in and
for the City of New Hope as follows:
WHEREAS, the Economic Development Authority in and for the
C~ty of New Hope (hereafter EDA) has the authority under the Bylaws
of the New Hope Community Revitalization Corporation to appoint
Directors of the corporation.
NOW, THEREFORE, BE IT RESOLVED:
1. That the following are appointed to the Board of
Directors of the New Hope Community Revitalization Corporation, who
shall hold office until the next regular EDA appointment meeting or
until their successors are duly elected and qualified:
Glenn Farmer
Roger Landy
Roger Rubin
Steven A. Sondrall
Mary Stinson
Dated the 23rd day of March, 1992.
Edw. J. Erickson, President
Attest:
Daniel J. Donahue, Executive Director
CORIqlCK LAW OFF.ES, PA.
WIU.IAM J. CORRICK
9TEV~N A. 9ONORALL. P.A.
9TEVEN A.9ONORALL
MICHAEl. R. I,~FCEUR
MARTIN P, MN. ECHA
WILLIAM ¢. STRAIT
CORRICK & $ONDRALL
A PNqTNERSHIP OF IN~OFE~IONAL, CORI=ORATIOI~
Edinburgh Executive Office Plaza
8525 Edlnbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPHONE (612) 425-5671
FAX (612) 425-5867
LAVONNE E. KEgKE
sHARON O. DERBY
March 17, 1992
Mr. Daniel J. Donahue
City Manager
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
New Hope Community Revitalization Corporation/Resolution
Appointing Directors
Our File No: 99.10026
Dear Dan:
Please find enclosed a Resolution Confirming the Board of Directors
for the New Hope Community Revitalization Corporation for the 1992
year. This Resolution cap be considered at the March 23rd Council
meeting on the consent agenda if you so desire.
Very truly yours,
Steven A. Sondra11
slt
Enclosure
cc:
Valerte Leone
Sherri French
~ LAW OFRCF.~, PA.
WII.LIAM J. COIqI~CK
~I'EVEN A. 9ONDP, NJ... PA.
~TE~/'r.N &~ONORN. L
MICHAEL R. L~FI. EUR
MAII~rlN P. MALECHA
WILLIAM G, S'I'RArr
CORRICK & SONDRALL
A PARTNERSHIP O~ I~qoFE~81ONAL (:~2~PCMATION8
Edinbm-gh Execut~ O~ce
8525 Edtnbrook Crossing
Suite #203
Brooklyn Park, Minnesota 55443
TELEPNONE (6~2) 425.5671 FAX (6~2)
LAVONNE E. KEgKE
8HA.qON D. DERBY
March 17, 1992
Sherri French
Park & Rec Director
City of New Hope
4401Xylon Avenue North
New Hope, MN 55428
RE:
Minutes of the New Hope Community Revitalization Corporation
Board of Directors Meeting
Our File No. 99.11026
Dear Sherri:
Please find enclosed Minutes for the Board of Directors meeting
held prior to the March 15th Citizens Advisory Committee meeting.
The Minutes need to be signed by the Secretary and President of the
Corporation. This would be Mary Stinson and Roger Landy. You can
hang onto the Minutes unti3 the next Citizens Advisory meeting.
Simply have these individaals sign the Minutes at the next meeting
and then return them to me.
If you have any questions, please contact me.
Very truly yours,
Steven A. $ondral
slt
Enc3osure
MINUTES OF THE 1992 ANNUAL MEETING
OF THE BOARD OF DIRECTORS OF
NEW HOPE COMMUNITY REVITALIZATION CORPORATION
The annual meeting of the Board of Directors of New Hope
Community Revitalization Corporation was held at the registered
office of the corporation, 4401Xylon Avenue North in the City of
New Hope, County of Hennepin, State of Minnesota on the 16th day of
March, 1992, pursuant to mailed Notice as required by the corporate
Bylaws.
The following directors were present in person: Steven A.
Sondrall, Roger Landy, Roger Rubin and Glenn Farmer, the same being
all of the directors of the corporation.
After discussion of the resignation of Director Sandy Perhai,
the following resolution was unanimously adopted:
RESOLVED: Mary Stinson is elected as Director to fill the
vacancy created by Sandy Perhai's resignation, and shall hold
office until his or her successor shall have been appointed and
have qualified, or until his or her earlier disqualification,
death, resignation or removal.
After discussion regarding officers, the following resolution
was unanimously adopted:
RESOLVED: The following are elected to their respective
offices, to serve until the next annual meeting of the Directors of
the Corporation
qualified:
or until
Roger Landy -
Roger Rubin -
Glenn Farmer -
their successors are elected and
President
Vice President
Treasurer
Mary Stinson - Secretary
After discussion and review of the 1991 Federal Income Tax
Return and a report by Director Sondra11 that the 1991 Corporate
Registration was filed with the State of Minnesota, the following
Resolution was unanimously adopted:
RESOLVED: The President is authorized and directed to sign
the 1991 Federal Tax Return and mail same to the Internal Revenue
Service.
There being no further business before the meeting, the
meeting was adjourned.
Dated: March , 1992,
Secretary
At t est:
President
2
REQUF~T FOR ACTION
originating Department Approved for Agenda Agenda Section
City Manager EDA
,~r-~3-23-92 Item No.
Kirk McDonald /
ny: Management Assistant By:/ ? 5
/
CONSIDERATION OF REQUEST FOR EXTENSION ON DEVELOPMENT CONTRACT
IMPROVEMENTS, AUTOHAUS, INC., 7709 42ND AVENUE NORTH
On April 4, 1991, Autohaus, Inc. and the City of New Hope executed a Development Contract
regarding specific improvements to be made to the Autohaus property such as the installation
of concrete curb, landscaping improvements, paving and lighting improvements, construction
of storm water drainage improvements, and the demolition/removal of the Animal Hospital
building. The Development Contract states that the "Developer agrees to make all private
improvements as shown on February 7, 1992, revised site plan...within one year from the date
of this agreement, except if this period of time is extended by resolution of the City Council".
April 4, 1992, will mark the end of the one year period and while certain improvements have
been completed, others have not been completed.
Staff has contacted Autohaus and has recommended that if they do not intend to complete the
improvements by the April 4, 1992, deadline that they should seek an extension of time from
the City Council prior to the expiration date. The petition for extension should explain the
circumstances necessitating the extension.
Autohaus has submitted the enclosed petition requesting an extension and Tom Boettcher will
be present at the meeting to answer questions. Staff will draft a resolution subsequent to the
action of the EDA on this matter.
MOTION BY ~ SECOND BY ~
- !
Review: Administration: Finance:
RFA-O01 ~
LEASING & SALES / FOREIGN AND DOMESTIC AUTOMOBILES
Audi
GM
March 18, 1992
FORD
NISSAN
HONDA
City of New Hope
4401 Xylon Ave. N.
New Hope, MN 55427
Subject: Development Contract Improvements
Dear Dan and Kirk:
CHRYSLER
BMW
MERCEDES
A year has passed since executing our development contract.
The date of April 4, 1991 was the date of final approval of
our expansion plans. As of today, March 18, 1992, Autohaus
has done as much as possible to complete improvements,
although delays and economic times have caused an extension
of one year to be necessary.
We have demolished the old Animal Hospital building and
improved the 42nd Avenue appearance. Delays in the city
doing a practice fi.re and an early snow cover have als,:,
contributed to c, ur need for an extension.
VOLVO
ACURA
TOYOTA
Autohaus fully intends to finish these contract
improvements in a timely manner considering our capability
to pay as we go for improvements. Autohaus has construction
money set aside for the area's improvement but due to
economic times some improvements will need to be rebid and
some Autohaus will do itself. The next stage is to pave
the front area where the Animal Hospital building was, and
address enhancing the view from 42nd Avenue.
We would ask at this time to appear before the City C'ouncil
PORSCHE on March 23rd and explain ,:,ur request for an extension
time.
JAGUAR
7709 42nd Avenue North ~ Minneapolis, MN 55427 ~r (612) 535-5707
.~01 Xyton Avenue North New Hope M~nr'esota 55~28 ~hone' 53~-$'O0 :a,~ ~._- : ·
March 9, 1992
Mr. Thomas Boettcher, President
Autohaus of Minneapolis, Inc.
7709 42nd Avenue North
New Hope, MN 55427
Subject: DEVELOPMENT CONTRACT IMPROVEMENTS
Dear Tom:
On April 4, 1991, Autohaus, Inc. and the City of New Hope executed
a Development Contract regarding specific improvements to be made
to the Autohaus property, i.e. installation of concrete curb, land-
scaping improvements, paving and lighting improvements, construc-
tion of storm water drainage improvements, and the demolition/
removal of the Animal Hospital building. Paragraph 2, page 2, of
the Development Agreement states that "Developer agrees to make all
private improvements as shown on February 7, 1991 revised site
plan...within one year from the date of this agreement, except if
this period of time is extended by resolution of the City Council".
April 4, 1992, will mark the end of the one year period and while
certain improvements have been completed, others have not been
completed. If Autohaus does not intend to complete the
improvements by the April 4, i992, deadline, you should seek an
extension of time from the City Council prior to the expiration
date. The City Council next meets on March 23rd and the first
meeting in April is on the 13th, so I would strongly recommend that
if you plan on requesting an extension of time on the making of the
improvements, that you do so at the March 23rd Council meeting.
I would recommend that you follow the same procedure that the City
Code outlines for zoning procedure extensions. The code states
that "petition for extension shall be made in writing and filed
with the City Manager and there shall be no charge for the filing.
The petition shall include a statement of facts explaining the
circumstances necessitating the extension". If you are going to
submit a petition requesting an extension and want to have it
considered at the March 23rd Council meeting, please submit the
petition to the City by March 18th so that your request can be
included on the agenda.
Family Styled City ~ For Family Living
-2-
Please contact me if you have any comments or questions and call
(531-5119) to let me know your intentions regarding an extension on
the installation of the improvements.
Sincerely,
Kirk McDonald
Management AssiStant/Community Development Coordinator
KM/lb
Encl:
Excerpt/City Code
Development Agreement
CC:
Dan Donahue, City Manager
Steve Sondrall, City Attorney
Mark Hanson, City Engineer
Doug Sandstad, Building Official
Valerie Leone, City Clerk
Thomas Oestreich, AutOhaus
Project File #467
4.202 (1)(1) - (q)
Record Before Council. The City Manager shall place the
report and recommendations of the Planning Commission and the
City Manager, on the agenda for the next regular Council
meeting after Planning Commission action, or the expiration
of 60 days after the first consideration by the Commission,
whichever is earlier. Such reports and recommendations shall
be entered in and made part of the permanent written record
of the City Council meeting.
(m)
Council Action. Upon receiving the report and recommendation
of the Planning Commission and the City Manager, the City
Council may, at its option set and hold a public hearing if
deemed necessary and shall make findings of fact and impose
any condition on approval which it considers necessary to
protect the public health, safety and welfare, and shall make
its decision as to the application.
(n)
(o)
(p)
(q)
Votes Required. Approval of a request for text amendment
shall require passage by a 4/5ths vote of the full City
Council, and a vote for a Conditional Use Permit, Variance or
Appeal on a Zoning question shall require the ~ffirmative
vote of a majority of a quorum of the City Council present
for the vote for passage.
Notice to Applicant. The City Manager shall notify the
applicant of the decision of the Council in writing,
including any relevant resolution and findings which may have
been passed by the Council.
Reconsideration. Whenever an application for a Special
Zoning Procedure has been considered and denied by the City
Council, a similar application affecting substantially the
same property shall not be considered again by the Planning
Commission or City Council before the expiration of six
months from the date of its denial and any succeeding
denials. However, a decision to reconsider such matter may
be made by not less than 4/5ths vote of the full City Council
at any time, or under Robert's Rules of Order.
Termination of Special Zoning Procedure Approval. If the
work or use authorized by a Special Zoning Procedure has not
been implemented within a year after final council approval,
the said procedure shall automatically terminate unless a
petition for extension of time to implement the use or
complete the work pursuant to the Special Zoning Procedure
has been granted by the City Council. Petition for
extensions shall be made in writing and filed with the City
Manager at least thirty days before the expiration of the
Special Zoning Procedure. There shall be no charge for the
filing of a petition for extension. The petition shall
include a statement of facts explaining the circumstances
necessitating the extension. If a petition for extension is
filed, the Council may terminate or modify the Special Zoning
Procedure for non-use, after a hearing or hearings held in
the same manner as for the original consideration of the
Special Zoning Procedure, including notice to the applicant
and his successor in interest, if any. If after a hearing,
the council determines that the basis for approval of.~the
original Special Zoning Procedure no longer exists, in whole
or substantial part, the Council may terminate or modify the
authority or use previously approved under the Special Zoning
Procedure.
4-96
072684
CITY DP NEW HOPE
DEVELOPMENT CONTRACT
THIS AGREEMENT, made and entered into on the date specified :~
paragraph 15d 'hereinafter, by and between the C:ty of New node.
a Municipal corporation of the State of Minnesota (hereinafter
called the City), and the Owners or SuDdlvlder ~dentlf:ed :~
paragraph 15a herein (hereinafter collectively called the Developer
whether singular or plural), WZTNESSETH:
WHEREAS, the said Developer has applied to the City for
approval of a plat or subdivision of certain land w~tn~n the C~%y
as identified in paragraph 15c herein, and
WHEREAS, The Economic Development Authority ]n and for %ne
C~ty of New Hope (hereafter EDA) has provided to ADeveloBer a
$187,500.00 loan evidenced Dy a Mortgage Note dated
and secured Dy a Mo~t~a~e,.Security Agreement and Fixture F~nanc~ng
Statement dated ~/~Y¢///. /~/' and
WHEREAS, Developer acknowledges and agrees that any breacm :f
the herein Development Contract shall be deemed a dePau'~ ~.
Developers of the terms of the Mortgage Note and Mortgage, Securl~/
Agreement and Fixture Financing Statement permitting tme EPA %c
declare any unpaid principal and accrued interest of the reference;
loan immediately due and payable upon demand Dy the EPA ~nd =urtre-
permitting the EPA to commence a foreclosure action to collect sa~c
monies pursuant to the terms of ~he Mortgage Note and ~ortgage.
Security Agreement and Fixture Financing Statement, and
WHEREAS, it is not presently feasible to complete suc~
~mprovements, and the Developer is desirous of proceeding at once,
and the City Council has approved or agreed to approve said plat o~
the conditions (1) that the Developer enter into this Developmert
Contract, which Con=Fact def]nes the work which 5he Deve'ose~
undertakes to complete within the boundaries of sa~d plat ~s
described hereinafter, (2) that the Developer provide a pond c¢
other collateral for an amount and with a surety and conditions
satisfactory to t~e City, to secure the actual construction arc
installation of such improvements wi%hln the period specified c,
the City, and (3) t~at the Developer enter Into ~]l f'nanc~g
documents required by the EPA to evidence and secure the
Developer's repayment of the EPA loan,
NOW, THEREFORE, the City and Oeveloper agree as fo'!ows·
1. The recitals above and the provisions of the ~latt-~
Cha:ter of the New Hope City Code, as amended to date hereof, are
Incorporated herein by reference.
2. The Developer agrees to make all private improvements as
shown on the February 7, 1991 revised site plan predated
Westwood Professional Services, Inc. attached hereto as
within one year from the date of this agreement, exceot as
period of time is extended by resolution of the City Council. The
Developer agrees to perform and complete any additional
as set forth in paragraph 1Se under these same terms an;
conditions. These improvements shall include but not be
the following:
a. Installation of concrete curb around entire
property as shown on site plam.
Installation of bituminous paving ~n the Oody sno~
and repair storage area as shown on the s~%e plan.
c. Planting of the following vegetation and
landscaping as shown on the site plan:
150 Andorra Junipers to be planted on ¢c~¢
and east side of property, size 18", soac'~g
3' o.c.
ii.
6 Andorra Junipers to be planted on nortneas%
corner. (inside "L") of building, size ~8"
spacing 3' o.c.
iii. 33 Pfitzer Junipers to be planted on east s~ce
of property, size 18", spacing 3' o.c.
iv.
18 Techny (Mission Strain) American Arborvitae
to be olanted on west s~de of property, size
38 inch pot, spacing 15 feet o.c. with weed
barrier and rock mulch.
18 Isanti Oogwood to be planted - ~0 c~
soutmeas% corner of building and 6 cn
southwest corner of building, s~ze 24 .
spacing 4' D.C.
vi.
1 Green Ash to be planted on southeast corner
of building, size 2.5'
vii. 29 Austrian Pine to me planted on west
property line on County Kitchen ~roperty,
size/root
Installation of six foot opaque security fence
(chain link with Oarbed wire) around perimeter of
~ody shop and collision repair storage area as
shown on site plan.
Installation of white sodium vapor wall lights and
freestanding overhead lights as shown on %he site
plan. The overhead light poles shall ma%c~
existing City street lighting.
Installation of acceptaDle automatic
systems in all planted areas·
Sprinkler
Installation of outdoor trash enclosure on south
side of Duilding constructed of 8 foot ~lock wall
painted to match building.
Installation of bomanite paving in front display
area as shown on site plant.
Construction of four painted islands in the
Transport Lane area as shown on the site plan.
Further, the Developer acknowledges and agrees that development o=
the site will comply in all respects with the terms, conditions amc
regulations of the New HoPe City Code. These conditions include
Du% are not limited to, compliance with the following:
All setDack provisions of %he zoning code aha more
specifically, that there De a 5 foot setDack for
all parking and storage areas and driveways from
the rear anO side property lines.
That all signage on the site fully comply with the
sign code.
That all on-site parking requirements of the zoning
code are fully complied with and more specfically,
that a minimum of 81 parking spaces are provided.
that 3 handicapped parking stalls are provided on
the eas~ side of the building and 2 hand~capoec
parking spaces are provided on the wes~ side of the
building, that all parking areas De prooer;?
striped with the exception of the display area and
body shop/collision repair storage area, and t~at
employee parking be provided on the west side
the building.
That all drive aisles are 24' or more in width.
That the loading and unloading areas are provided
on the south side of the building.
That on-site snow storage be allowed only in %De
southeast corner of the property and that use cf
parking spaces will not be permitted for sncw
storage on-site.
_That all sales/leasing/rental display areas, bott
indoors and outdoors, comply fully with all area
requirements of the City Code.
That the construction plans for the outdoor body
shop and collision repair storage area are approved
Dy the Building Official and Fire Chief.
That no other tenant will be allowed to occuoy the
soace currently being occupied by Universal Colour
Laboratories and that uoon the exolration of
lease or any options to renew said lease, develocer
will construct or improve the property with the
showroom and display area as shown on Exhibit
Further, while the tenant occupies the proposed
showroom a~d display area, developer agrees
the barking display area shown on Exhibit A
front of said area will not be permitted fcr
display but shall be reserved for employee
customer parking of the tenants.
3. The Developer also agrees to construct within one year
from the date of this agreement public improvements for storm water
drainage and erosion control and that it has submitted a Septemoe~
12, 1990 Paving, Grading, Drainage and Erosion Control Plat
prepared by Westwood Professional Services, Inc. indicating %re
improvements it hereby agrees to construct· Said plan has Oeen
reviewed and approved by the City Engineer and Developer shal;
~mp]ement this plan and construct all improvements indicated
thereon. The part~es agree %he improvements indicated on said plan
are necessary for adequate drainage and erosion coptrol at the
site. Developer further agrees to complete any improvements not
~ndicated on the plan but reasonably necessary to facilitate
purpose of the plan in the so]e opinion of the City Engineer. Such
construction shall be sub3ect to inspection and approval of
City. The parties further understand and agree that approval by
the City and its Engineer does not constitute any warranty
guarantee to the Developer and that the Developer has relied on
own judgment or Westwood relative to the adequacy of this plan.
The C~ty and its Engineer have reviewed this plan solely for
purpose of determining its ability to conform with the C]ty's
overall storm sewer plan.
Upon the completion of the work and construction required to Ce
done hereunder, said storm water drainage improvements shall become
the property of the City, without further notice or action on %ne
part of either party hereto, other than accept&rice at usage.
4. The Developer shall pay for all costs of persons doing
work or furnishing ski]], tools, machinery or materials, or
~nsurance premiums or equipment or supo]ies and all 3ust c]alms ~cr
the same, and the City shall be under no obligation to pay the
Developer or any subcontractor any sum whatsoever on account
thereof, whether or not the City shall have approved the
subcontract or subcontractor, and the Developer and its surety
shall hold the City harmless against any such claims, and provide
the City with all necessary lien waivers.
5. In the event of default by the Developer as to any of
work to be performed hereunder, the City may, at its
perform the said work and the Developer shall prompt]y reimburse
the City for any expense incurred therein by the City, provided
DeveloPer is first given written notice by United States Mall ce
the work in default and required to be done by the Developer, ncr
less than 48 hours being given thereby to the Developer to remove
the default status, said notice being addressed to the Developer at
the address sho wnin paragraph 15b herein, notice given in
manner being sufficient as described, by agreement of the par~es
hereto. Notice to the Developer small also constitute without
further action, notice to any contractor or subcontractor,
they are approved and accepted by the City or not. In the event cF
emergency, as determined by the City Engineer, the ~@ hours
requirement to the Developer shall be and hereby ~s waived ~n ~%s
entirety by the Developer, and the Developer shall reimburse
City for any expense so incurred by the City in the. same manner as
if mai]ed notice as described here3nbefore had been g~ven. It
understood by the parties, however, that the responsibility of
Developer is limited by strikes and force ma3eure. .~.
5
6. The Developer agrees to hold the City harmless from ~7
and all claims which may arise from third parties, Including
contractors or subcontractors for damages sustained resulting from
the performance or failure of performance of the above-described
work or the work required in paragraph 15e.
7. The Developer agrees to reimburse the City for all costs
incurred Dy the City in the enforcement of th3s contract, or amy
portion thereof, including court costs and reasonable engineering
and attorney's fees.
8. The Developer shall deposit with the City a satisfactory
Subdivision Bond for the work specified in paragraph 3, which shall
De in the amount described in paragraph 15f, securing the full
performance of this Development Contract, The term Subdivision
Bond as used herein shall also include any type of collateral
agreement or security accepted by the City,
It is understood and agreed that failure of the City to promptly
take action to draw upon the bond to enforce this agreement after
the time of expiration by which the work is to De completed will
mot waive, estop or release any rights of the City and the City can
take action at any time thereafter to require comolet3on of t~e
work and payment for same. These prov3sions shall be applicable to
any person who gives security for or guarantees the completion of
this agreemen%.
9. The Developer unconditionally guarantees to the City a!'
work required to be performed by paragraph 3 for a oeriod of one
year subsequent to acceptance of same by the City against Door
material, faulty workmanship, or any other failure of the work,
whether or not all or any portion of the Subdivision Bond snal~
have Deem re]eased by the City. -'
10. The Developer shall clear any soil, earth or debris from
the streets resulting from building on the land within the add~t~on
Dy the Developer or its agents, successors or assigns, and snai'
restore any gravel base deteriorated Dy mixing construction or
excavation debris or earth, and repair any Oamage to O~tum~ncus
surfacing resulting from the same causes,
11. The Developer agrees that the City at its option can
install and construct any work or improvements required ~y
paragraph 3 to be made by the Developer, and the Developer agrees
to pay all costs so incurred Dy the City.
12. The parties agree the Dreacm of any terms of t~'s
Agreement by the Developer shall be grounds for denial of building
permits for building within the a~d~t~on until such mreac~ '~
corrected, either by the City or the Develoser, as the case may ~e.
13. If any oortlon, section, suosect~on, sentence, clause.
paragraoh or phrase of this Develooment Contract Ts for any rea$c¢
held to De invalid, such decisions small not affect the ~al~d~ty 3¢
the remaining portion of th~s Agreement.
14. This Contract shall be binding upon the part~es, tme'~
heirs, successors or assigns as the case may be. The tart'es
understand and agree that the Developer Ts respons~b!e unCer %re
terms of this Con%tact for the acts cr cm~ss~cns o¢ an/ c¢ ';s
agents and successors Tn t3tle.
15. a. The term "Developer" as used herein refers to
Autohaus of Minneapolis,
Boettcher, ~ndiv]dually
Inc. and Thomas
The address of the Developer, for purposes of
Development Contract ~s as follows, and ~ny mo%~ce
mailed by the City to th~s address shall De deemed
sufficient notice under this Contract, until not:ce
of a change of address ~s g~ven to the City
writing:
7709 42nd Avenue North
New Hope, MN 55&27
mhone: (612) 535-5707
The legal descr~t;on of tme premises ~o wm~cn ~':
OeveloDment Contract apDl~es consists of crem'se5
in the State of M~nnesota, County of ~enneo;n, %3-
wit:
That part of Lot 9, "Auditor's Subd~v:s~on Numce¢
324, Hennepin County, Minnesota" described a~
follows: Beginning at the ~ntersection of the mcs%
northerly line of said Lot 9 and a l~ne nereTna=%e~
referred to as Line "A" being a line drawn fr3~ z
point on the south line of s&]d Lot 9 d~s%a¢%
850.80 feet easterly from tme west Quarter c&r*e-
of Section 17, Townsh~O 118, ~ange 21 as measurez
along said south line and ~ts westerly extens~or %c
a point on saTd most northerly line of sa~d Loc ;
distant 853.30 feet easterly from the west 1-ne :=
said Section 17 as measured alon~ sa~d mos%
northerly line and :ts westerly extension; thence
westerly along said most northerly line to t~e
northeast corner of Lot 7 in said "Auditor's
Subdivision Number 324, Hennepin County,
Minnesota"; thence southerly along the east tine of
said Lot 7 to the southeast corner of Lot 7; thence
westerly along the south line of said Lot 7 a
distance of 5.00 feet; thence southerly parallel
with the southerly extension of the east line of
said Lot 7 to a line drawn parallel with aha
distant 611.50 feet north of the south line of saia
Lot 9; thence easterly parallel with said south
line to its intersection with said Line "A"; thence
northerly along said Line "A" to the actual ~oinc
of beginning.
That part of Lot 9, "Auditor's Subdivision Number
324, Henneoin County, Minnesota" described as
follows: Commencing at the intersection of the
most Northerly line of said Lot 9 and a line
hereinafter referred to as Line "A" being a line
drawn from a point on the South line of said Lot 9
distant 650.60 feet Easterly from the West Quarter
corner of Section 17, Township 118, Range 21 as
measured along said South line and its westerly
extension to a point on said most Northerly line of
Lot 9 distant 653.30 feet Easterly from the west
line of said Section 17 as measured along said most
northerly line and its Westerly extension; ~hence
Westerly along said most Northerly line a distance
of 50 feet to the actual point of beginning; thence
continue Westerly along said most Northerly line
the Northeast corner of Lot 7 in said "Auditor's
Subdivision Number 324, Hennepin County,
Minnesota"; thence Southerly along the East line of
said Lot 7 and along the Southerly extension of
said East line of Lot 7 to a point distant 100 feet
Southerly from the Southeast corner of said Lot 7;
thence Easterly parallel with the Easterl?
extension of the South line of said Lot 7 a
distance of 40 feet; thence Southerly parallel
said Southerly extension of the East line of Lot 7
a distance of 50 feet; thence Easterly parallel
with said Easterly extension of the South line of
Lot 7 to the intersection with said Line "A";
thence Northerly along said Line "A" to
intersection with said Easterly extension of :~e
South line of Lot 7; thence Westerly along sal~
Easterly extension of the South line of Lot 7 to
8
the intersection with a line drawn Southerly
parallel with said Line "A" from the actual point
of beginning; thence Northerly parallel with said
Line "A" to the actual point of beginning,
according to the recorded plat thereof.
and is proposed to be known as Lot 1, Block 1,
Autohaus Addition.
The date of this Development Contract is:
Requirements additional to those listed in
paragraph 2 are as follows: Developer shall raze
the office building commonly known as the Animal
Hospital pursuant to an Agreement to Raze 7575 42nd
Avenue North attached hereto as Exhibit B. The
cost of demolition and removal shall be the sole
cost of the Developer. Also Developer shall be
required to comply with all of the conditions of
its Preliminary Plat approval and Conditional Use
Permit to allow for outdoor sales in a B-3 zoning
district established by City Resolution Nos. 89-239
and 90-24 attached hereto as Exhibits C and O
respectively.
The total amount of the Subdivision Bond required
to secure the performance of the work required by
paragraph 3 is initially set at Twenty Six Thousand
Two Hundred-. Eighty Dollars, ($26,280.00), and is
agreed to by the Developer, and shall be in the
form of:
/ Cash deposited with City at no interest.
/ /
Irrevocable Letter of Credit for one year,
cancellable on 30 days' written notice to
City thereafter.
/ Corporate Surety Bond.
/ x /
Assigned Savings Certificate, Interest to
Developer.
The parties agree that from time to time, but not
more frequently than annually, the Developer may
request that the City Engineer evaluate the work
9
remaining to be done hereunder by the Developer,
and the amount of bond may be reduced by City
Council action to such dollar amount as deemed
necessary for the City by the Engineer. The
parties agree that formal action taken by the City
Council in reducing the amount of the bond as
initially set herein shall constitute sufficien=
evidence, as public record, of the change in bond
amount and the parties waive written modificat;cn
of this Development Contract as to such reducec
bond requirement,
IN WITNESS WHEREOF, we have hereunto set our hands and seals,
/Its ~J~X~o r
Its City ~nager
Au ado nc.
By
Its
10
STATE OF H[NNESOTA )
) ss.
COUNTY OF HENNEPIN )
The f~egoing instrument was acknowledged before me this
day of /Tx]~ '.'/ , 199", by EDW. J. ERICKSON and DANIEL J.
DONAHUE, t~e Mayor and Manager, respectively, of the City of New
Hope, a municipal corporation of the State of Minnesota, on behalf
of said municipal corporation.
Notary
STATE OF MINNESOTA
) ss.
COUNTY OF HENNEP~N )
The fereg~ing instrumen[ was ack~wledged before me ~his
day of /(/~x,'/ , 199/ , by
aha ' , the ~.,', ~,~/,-
and , respectively, of Auto~aus
Minneapolis, Znc., a corporation under the laws of
Minnesota, on behalf of sa~'d corporation.
Notary PuOlic
STATE OF NZNNESOTA )
) ss.
COUNTY OF HENNEP[N )
The for.~goiog instrument was acknowledged before me this
day of
inaividua]t~.
, 199 / , by Thomas W. Boe~.cher,
Notary Public
11
~ REQUF~T FOR ACTION
Originating Department Approved for Agenda Agenda Section
City Manager EDA
3-23-92 Item No.
Kirk McDonald
By: Management Assistant By: 6
DISCUSSION REGARDING MARKET VALUE OF NEW HOPE TERRACE
PROPERTY
Staff is requesting to discuss the market value of the New Hope Terrace property with
the EDA and the Assessment Agreement signed at the time of the development.
MOTION BY SECOND BY
Review: Administration: Finance:
RFA-O01 ~
LaNel
Financial Group, Inc.
4601 Excelsior Blvd., Suite 601
Minneapolis, MN 55416
(612) 920-5338
March 12, 1992
Dan Donahue
City of New Hope
4401 Xylon Ave. N.
New Hope, MN 55427
Re: New Hope Terrace Apartments
Dear Dan,
Greg Bronk has had several discussions with Ray Shudy of the
Bennepin County Assessors Office regarding valuation at New Hope
Terrace. It is the Assessors Office position that they will not
do an appraisal until the City adjusts the minimum value pursuant
to the Assessment Agreement. In other words, if City and
Partnership agree at a minimum assessed value for the Assessment
Agreement of $5,000,000 the County then will evaluate whether the
actual market value of the real estate is in excess of that
number. It is at that time that the Partnership and the County
would negotiate a true market value or the Partnership could
pursue the normal legal remedies for abating taxes.
Dan, in summary, it seems that initially the Partnership and the
City should agree to amend the Assessment Agreement after which
time we will negotiate with the County for a assessed value of
$5,000,000..
Obviously, you should feel free to contact the County to
they report the same criteria to you.
ensure
We would like to proceed as soon as possible and provide you with
any and all information to begin the process to adjust the
Assessment Agreement.
Sincerely,
Paul G. Brewer
President
PGB/lp
cc: Greg Bronk
LaNel
Financial Group, Inc.
4601 Excelsior Blvd., Suite 601
Minneapolis, MN 55416
(612) 920-5338
March 5, 1992
Daniel J. Donahue
City Manager
City of New BoDe
4401 Xylon Ave. N.
New Hope, MN 55428
Re= New HoDe Terrace Apartments
Dear Dan,
After our discussion with you on Tuesday concerning the real
estate market value of New Hope Terrace and the issue of low
income housing units, we would make the following proposal:
On the condition that the City will set the market value for
real estate tax purposes and the Assessment Agreements at
$5,000,000, which is consistent with our recent purchase price,
we will agree to retain 10 units under the low income housing
criteria that was in existence when the Housing Revenue Bonds
were in place.
It is our understanding that a bill is currently before the
State Legislature that would allow for the use of excess tax
increment fund~ to assist or subsidize low income housing. In the
event that that bill Dasses, our proposal would involve the City
making up the difference from excess tax increment funds between
the low income rent paid by the residents on the 10 units and the
then current market rate of those units (approximately $230 per
unit Der month).
In the event that the State does not approve the current
pending legislation, we would phase out the 10 units equally over
a two year period.
Dan, we would like to proceed as quickly as possible
market value issue so that we know how to deal with the
residents as we are now in the process of giving notice
low income units of rental increases
on the
current
on the
March 5, 1992
Page Two
We understand that it may be some time before final resolution on
the legislation takes place, but we are willing to take that risk
so long as we do have the opportunity to phase out those units
over the two year period.
Very~urs,
Paul G. Brewer
President
PGB/lp
NOV--25--9 1 MON 1 ~ ; 46 CORR
11~22x91 11:22 ~$12 $40 2644 DORSEY
AOS£SSOR'5 CERTIFICATION
I14 AND FOR THE C~TY OF NE~ 'ItOPE,
MINNESOTA,
N~W ~tO~ TEi~AC~' LII4~TED ~,ARTN~RSItI~,
A MINNESOTA T, ZI.II'fED WAW~N~RS~ZP,
and
HENN~ COUI4TY ASS~5OR, ACTING AS
C~'fY ASSESSO~ OF 'fM.~ CITY O~ N~W HOPE
COA~ICK AND
.%e' bins~ale., MinneSota
11/22/91 II~2.B "~B12 $40 2544 DOI~$F.,¥ & ',~IHITNF.,Y
. 0=,. {$ dated a9 o~ the 28th day.~E Jull, 1986 and
:ity o~ Wow ~ope, ~.linnesota, a mun~0~a~ cor~o~at~o~ or~a~lze~'
IN CO:;SIo~RATION OF ~he mutUa~ ~ovenant~ an4 benefl~
· ' .., ag
· ,~i}.% .,u'i~t.r~ I'.1,O ta:~d Lncl,ldud in ~ne
3~,t?:..,~'(~Y, t'~k~uc':ha:~e fha ?.~nd fO~ a ,omina% ~ul,, an4 cons~'uc~
Uope, Hinna~ota, and C~%Y oE ~:~w :toD~, '.':~nne'~°~'a' ~at,~d as o~
,, · .... , ' , ' ~nb% LC
,:,:t~.:.:.n,:ing w~ he as~e~.iF,,~n~ n~%,1o as oE JanUncy 1, 1999, shall
'"- 000 r,~o ,,,'fr.h thru
, "~O t~ 1~ss than the ~ai~ a~n.)un% o~ $6,
.,, ~,t 21.% ...,.,.,,,..~1~ . ~.~o ,,, ,. ..'1~. .,1,. ..,¥0 .?..%.44 DORs£Y & ~MI?NEY ............
~,~{,:taL ot Court excag~ in accordanc~ with :.;tan,:.~o~a Statutes,
g,'.~:tion ~73,7&, Subdivision 8. This minimum m,arke~ value shall
,~ ~ ly only to.the ~and and lrousing Facilities
~and as described tn gxhlbl~ 1, In event of involuntary
conversion o~ the p~emlSts fo~ any reason, the minimum market
value ~hall net.be ~ed~ced to aa amoua~ l~s ~han $6,000~000 pl,~s
,.~ay applicable 21 Increases.
a,jr.:,..:,on~ ~hal~ limi~ Eh~ discretion o~ the County ~s$~sso~ o~
H~n~a~in County, ac~in~ as =~esso~ Eot the city o~ ~ow liege (~he
"h~,~::~so~") or any othur ~ublic official or body h~vlng.the duty
~o ~toc;nlne the marke~ value cf the ~and and the ~oustng
on the Fro~e~y o¢ on th4 ~rc~i~as described ~B ~'(hibit 1, on a
o~h,~r ~rogorty so classiflad, in i[~nneDin C.>un~y, a
in .~'xcesS of tho mtnl~aum ~ar~e~ valu~'$;,~cified
The ~edeveloper shall have the normal remcdies..available under
the law to contes~ airy a~ti~ated assessors estimated value la
axca:~ o~ $6,000,00 o~ a~ inc~a~ed annually, as g~ovtded above.
~l~e ~,,',~Do~'~ and ~he ¢,~:~l,~ud lt,~using ;ncllities for ad valor'cs
tax p.~'Du:W:S, the ~d~.;ologer ag~.~s I.ha~ Lhe ri,;usin~ F~cilitie~
.:h.ltl ~a 4,:,,,,,;d to be co,',21,~ted i~ a~co~'danc~ uith ~he
, .., ~,- ~ ,aa of Oe,:u,,':ber 31, 1~i7, (the required
,~,~ka ,:f ,:c;.~gl.3~ion), whether in_fac~ c%,~loted or
",:trion 3. Yilin_q. and Cer~ification
3.01....~,," ",,'~Or ..... .qflr%tt.__[c.a.~__tq.n.. The Authe¢ity shall prasent
thSs ;:.'.~.:::~,.~...~nt Agro,~,~,en~ to tl~e ,%$scssor a~. ~equest him'to
,::~.;,:,.,t',,~ I;h,~ ,:o~'ti.l!icatlon attached heceto as g.xh.!bit 3. The
;~,;..,' -,v~*.,~...¢", ;h,.ll pruv!.,ie I;o ~he :'.~.,~es,'.-or alt lnfurr,',a~ion
,~.;.'..~.in~ to ~h,3 ~ro~,acty and the ;;c~.:slng ~'n~-ltitius ~',,q;.',:stad by
him ?or ~ha ;-,,~'/~oses of di,~charging his d~i~.les with c,-'-si;~¢t to
' he ,:,?rtif ;¢:;.-~i.>n.
3,02 .F_~.~l~lt." Within 30 aais aft,:r l:ho ax?..cutich ,:E %his
Agreement and a copy oE MinnesOta Statutes, Section 273,76,
~ubdivisioa 8, attached hereto a~ Exhibit 2, to be recorded
~he land i~ registered.
Section 4 Relation_~to S,:d.eLZ,~loH,,r, ent A,i~'o¢~r,.~n~. The
A-.{.,.~c~.~n~.. . Agr~men% ,are ~':'~ar..~te. ?~,:.n ..,,~.t in addition go the
3
N 0 ¥ -- 2 5-- 9 1 I~10 N 1 $ : 4 8 ¢ 0 R R I C K ~ S 0 N ~ R A L L
,,,.,1,::,'~u~.,',,:,~ ~,]~*e~r, ent; r, othtn~ contained herein ~hall* in any
'a~ ntk~c~ ~t,~inish o~ su~e~sede the ~Cies
h,~ ~,:4c'.'~loL~e~ un~e~ the Redevelopment Agreement.
~ec~ion 5. ~m{nist~attve
5.01 Btnd~'Effec[. This Assessment A~r, eemen~ .shall inure~
o the l~en~' or--hall be btndin9 u~on tl~e Au:hc=it~ ~n~ the
5.02 ~ave~,~bfl[[~. ~n the even~ any ~rovision oE ~:l~ls ,,
c,~,:,~::'~.:n~-A'~'~'c,~6~'[ sh~tt he held invalid o~ unenforceable
n~ ,:o~c~ oE co:~e[~n~ ~urisdtct[on, ~uch hoi~in9 shall not
u;;'h~lze~ snd e~ecute~ by ~he ~u~ho~ity ~n~ tl~e R~d~velo~or.
5 04 ~urther A~ucances and Corrective Xn~truments. The
~; ,,:<~:,:ut.~ nckn~wX0,~,~e an~ oXiver~o~ c~use to be execube~
~y ~n,~,:~,~,:,~o o~ [nc,~'ec~ ~crl~[on oE the F~ogerty o~ the
~.,~,~g ~',~,~ittti~s, o~ Eo~ caL'=ying out the ex~re~ed-in~n~ion
~ nt,~u[tan[o-~~~-e~ut~Ln seVeraL counterparts, each oE whLch
h.sli ~ an original ~n~ all o~ uhich .Shall c~'itu.Ke bu~ one
nd the s.~e
S,O~ ~p~.[~.~able ~=~. This A~sosam~nt ,%g~e~an~ uhall
,~';,~:~.~4 by and const[ue~ iff ncco~,{an,:e with
5.07 ~pt. iO~. The cap, ions o~ h~nd[n~s
j~:,...,, n~ ~:e ,~or co,,von[~n~e only ~nd i~ ~o,~,;,~y
.~;,,.~,{',:,~ :,',o ~,';~e oc ~nten~ oE any L>rOvisio,~ ,~
~thocized offlc,~rs an~ seaXe~ with' its corporate seal; an~ the
~.~velope= has executed this Agreement by its duly authorized
~-~ o ',.' - :z 5 - ~ ~. r~,oN
11/22/91 11:25
1 .5 ." 4 9 C 0 R R Z C; K 8,, ~ 0 N D ;B A b L_
ii'6t2 340 2644 DORSET ~ ~'~HITN~Y
't"
IN AND FOR Tli~ CITY O~ ~'~"~ "'
N o',,.'- 2 ~;-'s' i MON 1 ~ : 4S, C::O RR Z OK e.,
1I,/22..'91 11'.2.~ 't~'612, 840 2644 [)0E$£Y & WHITNEY
) SS.
~n~=~n= was
llth ~Y of. Augu~ ...... Y..~ ~nt.l J. ~nahue, ~ecu~l~e.
D~ec~or of The HO~slflg ~n~ ~e~v~-
~J~ HeNNEPIN¢OUN'rY j
he ~ore~oL. ~n tcum n~ was
~~, o~ ,~~ . 198. by ,zank KubLtsch.k.
SCta~O~d %nves~~ ~d., General Par~ne~ o~ New
ptea~en~ of .,_,._~ e-:~nernh~,
r_~&[(-~ ~;~~;~] .....
REOEVELOi~MI~NT AGRE ~EMENT PBOJE_C~ ~,8....~-.._~
L_=e_qal pescr,.tptton for ~x Zncr~ement. l~inanctnt___Diatri_c,t
p . pj Fj
New Hope
-,,.e,,~entS. An au%horlby w.~y, upoa
~,:~[on 273.75, sub~lvis~'3a ~, ente~ in~O a wr~ea ~-'--~ .....
cr O~ ~hm ~r,d and
s~ab~ L 8 ~hereon un~l~ ~ ~pec~flea .
to ~e construe · _ .. ~_ no la~r than the
~"~t°vu~en~S~ate which ~a~e S~aAA ~ '' ,
er,nlnaL[o~ ' ' ''' 1on -r be re,.,l~t~a to the authority
o~ the county
~c~$og having the
)url~4~ction In which the t~x incCOr, m,%~ ~inancln~ district
'or the !ta~rovuman~s to be cens"Nuut,:d, re'vJ.~'~ the ;,mgke~ value
' ' " , , , ~:,,~C,~vu,.~an%s ara to
?teviously assigned ~o ~he land uL:~n ,;,~{,.h ~,,~ -
'". .... '~,. R. a reaso~aoAe =~'t""''' ,,
cOi.,FluLtOn ~,,a.. .... ' . Of ~he tana to be aeveloged, or
on Eran~fet oe t~tle . ~velooer or ro~o~eloper,
~ .... ~ ~rom the auchor~tY:~ ~h~, a c~ og ~hiS
redeve~°F=~_ - .... --emend, co~etneg w~,, .... ~-.q~ i~ the
such assesS...~n~ ~'{'~_ ~]I.4 fo¢ recora anq:~GU~t'~ .....
sub~ivlsfon, snal~.u~ -,;~fi.l~d .{n the o~f~e of the ~e?~=~-~;
of the County r~COL.~r 0 ~ tr~al,,e~tata~c any par~ cnereo:
section 273.11., exc,3p~ tha~ ~he.~.~ge~ val~ aus[,]n.~d
~halL no~ be less ~han the m[nL.t%'~a m~k,]~ ,,,,~]..e o)a~',1{.:','~ in L, ha
.. ' value to I:l~e i~r':P'.'t't~
~ v~.U- ~ redoveXoper fro~.seeklng,.th
oE the mln~m?m mar~
~s~cssor, the coun:y asseSSor, thc (;~unty &u,lit(~c, a~;Y board
revlc'~, ~ny board og ¢,quallzation, the o.,,.,,1~io,',o¢ o~ ro.;~nut
any court of ~his ~%a~e ~rant a roduu~.J,,~n '~ thu ma¢ke~ value
balo'a the minimum ~rka~ value r:ontain,:d in thc
a3rc~;~,en~ durfng the term OE the ;~,jr' :,;,,~.',~ filcd of
~ N O I -- ~ 5 -- 9 i M O N I -.~ : 5 I C O R R I C K ~ $ O N I) R A L_ L
11,'P2/91 11:~7 ~812 840 ~044
,' ,,,.,.. ,,~ .~,~l,u~ ,, ~."~, ...........
.,., .,.,,.. , .
,~,~ O~ Lhim ~ubO~V~s~o ~"~-- ~0bdivl~ioo ~hal% constitute
,p~yi~g with the ter~s o~ this
~j.,:e of the ag{eemen% to ~ny su~o~gumnt
,~c~n%cance~ of th'e land o~ any
volunta[Y, an~ shall be binding U~Oa thO'", '
N 0 ~' -- =" 5 -- 9 1 M 0 N 1 ~ ~ 52. C 0 R R I
, I1/22/~1 11:28 ~12 340 2644 DOR~&Y & ~HITNEY ~11
1. i ~m ~l~e assesso~ r,:~L~on~i:~l,~ ~ the a~essmen~ cE the
ProL;e~t~ r~ascrib~ in Ehe foc,~,~oLng ~'...h(bi~ 1; ,.'
2.
of j~liy
4.
.th~ Lind on which the lz,~provements ar~ to be constructed, and the
minimum
aDDaars to b~ a reasonable ~s~lma%e~ and
7.. I h,~,:by certiEy ~.l~at the ~:~r:<,~alue assigned. ¢o ~h~
Post-It"' brand fax transmittal memo 7671
co. a_~~~ ~,co.
Dept. Phone
MOtW i ~ : 5~
'Z5~612 340 2644
C 0 R R I C K & S 0 N Iii R A L /
DORSEY & WH[TNFY
[~012