HomeMy WebLinkAbout1980 10-02 City Council PacketAGENDA
Maplewood City Council
7:30 P.M., Thursday, October 2, 1980
Municipal Administration Building
Meeting 80 - 25
(A) CALL TO ORDER
(B) ROLL CALL
t
(C) APPROVAL OF MINUTES
1, Minutes 80 -21 (August 21)
(D) APPROVAL OF AGENDA
(E) CONSENT AGENDA
All matters listed under the Consent Agenda are considered to be routine by
the City Council and will be enacted by one motion in the form listed below.
There will be no separate discussion on these items. If discussion is de-
sired, that item will be removed from the Consent Agenda and will be con -
sidered separately.
1. Accounts Payable
2 Time Extension: Linwood Heights
3, Tax Abatement: City Owned Property
4. Final Approval: Metro Self - Storage, Hwy. 36 - Commercial Revenue Note
5, Final Payment: Lift Station #7
6. No Parking Zone: Frost Avenue Connection
7, Final Payment: Howard and Larpenteur Storm Sewer
8. Final Payment: Street Resurfacing Program
9. Construction Agreement: Frost Avenue Connection
(F) PUBLIC HEARINGS
1. Street Vacations: Lark and Kennard (Ristrom) (7:30)
2. Alley Vacation: Block 5, Gladstone Addition (7:45)
3. Rezoning: Century Avenue (Burton) (8:00)
4. Special Use Permit: Gervais Avenue (Schreier) (8:15)
(G) AWARD OF BIDS -None
(H) UNFINISHED BUSINESS -None
(I) VISITOR PRESENTATION
(J) NEW BUSINESS
1, Housing Code Amendment - Second Reading
2. Report on Franchise Liquor License Requests
(K) COUNCIL PRESENTATIONS
1.
2.
3.
4.
5.
6.
7.
8.
9.
10.
(L) ADMINISTRATIVE PRESENTATIONS
(M) ADJOURNMENT
S p
MINUTES OF MAPLEWOOD CITY COUNCIL
7:30 P.M., Thursday, August 21, 1980
Council Chambers, Municipal Building
Meeting No. 80 -21
A. CALL TO ORDER
A regular meeting of the City Council of Maplewood, Minnesota was held in the Council
Chambers, Municipal Building and called to order at 7:30 P.M. by Mayor Greavu.
Be ROLL CALL
John C. Greavu, Mayor Present
Norman G. Anderson, Councilman Present
Gary W. Bastian, Councilman Present
Frances L. Juker, Councilperson Present
Earl L. Nelson, Councilman Present
C. APPROVAL OF MINUTES
1. Meeting No. 80--17 . ( July 17, 1980)
Councilman Anderson moved to approve the Minutes of Meeting No. 80 -17 (July 17 1980)
as submitted.
Seconded by Councilman Nelson. Ayes - all.
2. Meeting No. 80 -18 (July 24, 1980)
Councilman Nelson moved to approve the Minutes of Meeting No. 80 -18 (July 24, 1980)
as summitted. -
Seconded by Councilperson Juker. Ayes - all.
D. APPROVAL OF AGENDA
Mayor Greavu moved to approve the Agenda as amended
1. Newspaper Article
2. Garbage Ordinance
3. Alarm Ordinance
4. Contracts
5. Letters to LCMM
6. Appointment of Emergency Preparedness Director
7. Budget Information
8. H.R.A. Minutes
r 9. Final Approval - Mogren Brothers Commercial Revenue Note
Seconded by Councilperson Juker. Ayes - all.
E. CONSENT AGENDA
Councilman Nelson moved, seconded by Councilman Anderson, Ayes -all, that the Consent
A enda Items 1 through 5 be a pproved as recommended.
- 1 -
8/21
1. Accounts Payable
Approved the accounts (Part I - Fees, Services, Expenses, Check No. 004562
through Check No. 004621 -- $71,221.53; Check No. 006533 through Check No. 006688 -
$122,417.55: Part II - Payroll - Check No. 25181 through Check No. 25322 -
$56,607.28) in the amount of $250,246.36.
2. Acceptance of Election Judges
Resolution No. 80 -7 -166
RESOLVED, that the City Council of Maplewood, Minnesota, accepts the following
list of Election Judges for the 1980 Primary Election, Tuesday, September 9, 1980:
Precinct No. 1
Precinct No. 7
Eleanor Mathews
Margaret Wolszon
Lorraine Schneider
Myrtle Malm
Maryls Hartman
Betty Haas
Mike Wasiluk
Wyman Hageman
Idamae Biebighauser
Esther Dollerschel
Patricia Blanck
Armella Podgorski
Agnes Allen
Albert Raschke
Precinct No. 2
Precinct No. 8
Pat Thompson
Jean Myers
Evelyn Axdahl
Evelyn Tarara
Kathleen Dittel
Lorraine Fischer
Bea Hendricks
Rita Frederickson
Florence Stella
Mildred Houck
Wilma Goertzen
Edith Stottlemeyer
Karen Burton
Vickie Anderson
Precinct No. 3
Precinct No. 9
Jeanne Schadt
Ida Szczepanski
Barb Leiter
Mary Johnson
Doris Broady
Peter Fischer
Charlotte Wasiluk
Bernadine Mortensen
Janet Niska
Mary Albrecht
Alice Miller
Dolores Mallet
Delores Coleman
Vickie Anderson
Precinct No. 4
Precinct No. 10
Caroline Warner
Anne Fosburgh
Joyce Lipinski
Mary Lou Lieder
Marjory Tooley
Dorothy Arbore
Jeanne McNulty
Lucille Cahanes
Nancy Embertson
Lorraine Tepe
Judy Widholm
Precinct No. 5
Precinct No. 11
Jeanne Hafner
Delores Lof gren
Emma Klebe
Maxine Olson
Sibbie Sandquist
Arline Holst
Phyllis Erickson
Shirley Luttrell
Lynette Leonard
Janet Gabor
Joyce Schmidt
Joan Garvey
Lorraine O'Connell
- 2 - 8/21
Precinct No. 6
Kathy Supan
Diane Bergeson
Linda Ashfield
Lois Eastman
Janet Kamp f
Sandy Jones
Linda Prigge
Precinct No. 12
Mary Libhardt
Audrey Duellman
Deloris Fastner
Mildred Dehen
Virginia Glover
Orpha Getty
Georgia Schwandt
3. Temporary Gambling Permit - St. Jerome's Church
Approved St. Jerome's Church application for a temporary gambling permit for Sept-
ember 21, 1980.
4. Hearing Date - Underage Liquor Sale
Establish a hearing date of September 4, 1980, 8:30 P.M. regarding forfeiture of
bond of Party Time Liquors, 1730 Van Dyke Street, for underage sales.
5. Hearing Date: Commercial Revenue Note - Schreier - Highway 36
Resolution No. 80 -8 -167
WHEREAS,,
(a) Chapter 474, Minnesota Statutes, known as the Minnesota Municipal Industrial
Development Act (the "Act ") gives municipalities the power to issue revenue bonds
for the purpose of the encouragement and development of economically sound industry
and commerce to prevent so far as possible the emergence of blighted and marginal
lands and areas of chronic unemployment;
(b) The City Council of the City of Maplewood (the "City ") has received from
Gervais Associates, a partnership consisting of Richard Schreier and others to be
determined, a partnership organized under the laws of the State of Minnesota (the
"Company ") a proposal that the City assist in financing a project hereinaf ter de-
scribed, through the issuance of its industrial revenue bonds (which may in the
form of a single debt instrument) (the "Bonds ") pursuant to the Act;
(c) Before proceeding with consideration of the request of the Company it is
necessary for the City to hold a public hearing on the proposal pursuant to Section
474.01, Subdivision 7b, Minnesota Statutes;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MAPLEWOOD,
MINNESOTA, as follows:
1. A Public Hearing on said proposal of the Company will be held at the time
and place set forth in the Notice of Hearing hereto attached.
2. The general nature of the proposal and an estimate of the principal amount
of bonds to be issued to finance the proposal are described in the form of Notice
of Hearing hereto attached.
3. The Notice of said Public Hearing shall be in substantially the form con-
tained in the Notice hereto attached.
- 3 - 8/21
4. A draft copy of the proposed application to the Commissioner of Securities,
State of Minnesota, for approval of the project, together with proposed forms of all
attachments and exhibits thereto, is on file in the office of the City Clerk.
5. The City Clerk is hereby authorized and directed to cause notice of said
hearing to be given one publication in the official newspaper and a newspaper of
general circulation available in the City, not less that 15 days nor more than 30
days prior to the date fixed for said hearing, as shown in the notice of hearing
hereto attached.
Adopted by the City Council of the City of Maplewood, Minnesota, this 21st day
of August, 1980.
NOTICE OF PUBLIC HEARING
ON A PROPOSAL FOR AN INDUSTRIAL
FACILITIES DEVELOPMENT PROJECT
TO WHOM IT MAY CONCERN:
NOTICE IS HEREBY GIVEN that the City Council of the City of Maplewood, Minnesota,
will meet at City Hall in the City of Maplewood, Minnesota, at 8:30 p.m. on September
18, 1980, to consider the proposal of Gervais Associates, a partnership consisting of
Richard Schreier and others to be determined, that the City assist in financing a
project hereinafter described by the issuance of industrial development revenue bonds.
Description of Project
The acquisition of land and the construction of a storage warehouse
on Gervais Avenue, approximately the 1800 block, in the City of Maplewood,
Minnesota.
The estimated principal amount of bonds or other obligations to be issued to
finance this project is $900,000.
Said bonds or other obligations if and when issued will not constitute a charge,
lien or encumbrance upon any property of the City except the project and such bonds
or obligations will not be a charge against the City's general credit or taxing powers
but are payable from sums to be paid by Gervais Associates pursuant to a revenue agree-
ment.
A draft copy of the proposed application to the Commissioner of Securities,
State of Minnesota, for approval of the project, together with all attachments and
exhibits thereto, is available for public inspection beginning August 22, 1980, from
8:00 a.m. to 5:00 p.m., Monday through Friday, at City Hall.
At the time and place fixed for said Public Hearing, the City Council of the City
of_Maplewood will give all persons who appear at the hearing an opportunity to express
their views with respect to the proposal.
Mayor Greavu recessed the meeting at 7:33 P.M. to convene as the Maplewood Board of
Appeals and Adjustments.
Mayor Greavu reconvened the meeting at 7:41 P.M.
_ 4 - 8/21
it G. AWARD OF BIDS
1. East Shore Drive - Frost Avenue Water Improvement Project 78 -9
a. Manager Evans presented the staff report.
b. Councilman Anderson introduced the following resolution and moved its ado tion:
80 8 - 168
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid of
Larson Excavating, Inc., in the amount of $88,032.00 is the lowest responsible
bid for the construction of Frost Avenue and East Shore Drive ( Improvement Project
78 -9) (Phase II), and the Mayor and Clerk are hereby authorized and directed to
enter into a contract with said bidder for and on behalf of the City.
Seconded by Councilman Nelson. Ayes - all.
3. Tail Gate Spreaders
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the following resolution and moved its adoption:
80 -8 -169
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the net
bid of GarWood Twin Cities Truck Equipment Company in the amount of $8,860.00
is the lowest responsible bid for the provision of four Tailgate Sanders (Meyers
UTG -700 Spreaders w /cono - chew coating), and the Mayor and Clerk are hereby author-
ized and directed to enter into a contract with said bidder for and on behalf of
the City.
Seconded by Councilman Nelson. Ayes - all.
F. PUBLIC HEARINGS (continued)
2. Preliminary Plat - Gonzalez Addition - 7:45 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Mr. Rodolfo Gonzalez, 2626 Keller Parkway, to subdivide the property into 5
dwelling lots. The Clerk noted the dates of publication and stated the hearing
notice was found to be in order.
b. Manager Evans presented the staff report with the following recommendation:
I. Approval of the Gonzales Addition preliminary plat, with the following con-
- ditions:
1. The Applicant shall dedicate a ponding easement to the City for a portion
of the two acre foot holding pond, the location to be determined by the
City Engineer.
2. Payment of deferred assessments of $1312.50 for sanitary sewer and $630.15
for street improvements on County Road C.
3. An erosion control and grading plan shall be prepared with the advice of
the Soil Conservation Service, and submitted for staff approval prior to
final plat approval.
sm 5 - 8/21
II. Approval of variances of lot width for parcel one based on the finding that
the variance is caused by the dedication of additional right -of -way which the
County will be reducing in its proposed street plan.
C. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Sletten moved the Planning Commission recommend to the City Council
approval of the Gonzalez Addition preliminary plat, with the following conditions:
1. The holding pond to be as determined by the City Engineer.
Lots 1 and 2 to be combined into one lot.
2. Payment of deferred assessments of $1312.50 for sanitary sewer and $630.15
for street improvements on County Road C.
3. An erosion control and grading plan shall be prepared with the advice of
the Soil Conservation Service, and submitted for staff approval prior to
final plat approval.
Commissioner Howard seconded.
Commissioner Fischer moved an amendment to strike the requirement for merging
of lots 1 and 2 into one lot and leave th.em as two separate lots as originally
submitted.
Commissioner Pellish seconded. Ayes 8
Nays 2 (Commissioner Howard and Whitcomb)
Voting on the motion as amended: Ayes 9
Nays 1 (Commissioner Howard)"
d. Mr. Gonzalez, the applicant, explained his request.
e. Mayor Greavu called for proponents. The following were heard:
Mr. Philip Clyde.
f. Mayor Greavu called for opponents. None were heard.
g. Mayor Greavu closed the public hearing.
h. Councilman Anderson moved to table this matter until November 6 1980 for
further investigation:
Seconded by Councilperson Juker. Ayes - all.
3. Preliminary Plat: Schwichtenberg Addition - 8:00 P.M.
- a. Mayor Greavu convened the meeting for a public hearing regarding the request
of Schwichtenberg Properties to subdivide a 3.49 acre parcel of land located south
of Linwood Avenue and east of VanDahl Addition into 13 lots. The Clerk noted the
dates of publication and stated the hearing notice was found to be in order.
b. Manager Evans presented the staff report with the following recommendation:
Approval the preliminary plat, on the basis that the plat would be consistent
with the City's Comprehensive Plan, Zoning and Subdivision regulations.
am 6 - 8/21
Approval includes the following conditions:
1. The final plat shall not be approved until:
a. Provision is made to extend sanitary sewer to the lots on Linwood Avenue
b. Lot 13 shall be changed to "outlot A"
c. A signed developers agreement is submitted to the Director of Public Works
for his approval. The developers agreement shall include:
1) construction and easements for temporary cul -de -sacs at the end
of Dorland and Dahl Roads
2) storm sewer easements along the east line of lots 11 and 12 and over
the existing pond
3) final approval of grading, drainage, and utility plans
4) implementation of erosion control measures, as recommended by the
Soil Conservation Service
5) extension of the Dorland Road sewer to serve lots 1 and 2
2. Payment of the cash connection charge for watermain service in Linwood Avenue
(4200)
3. Removal of the barn and garages or redraw lots one and eight to get the barn
and house on one lot.
c. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Pellish moved the Planning Commission recommend to the City Council
approval of the preliminary plat, on the basis that the plat would be consistent
with the City's Comprehensive Plan, Zoning and Subdivision regulations.
Approval includes the following conditions:
1. The final plat shall not be approved until:
a. The requirements for ordering the Hillwood Drive - Dorland Road Improvement
project have been met.
b. Lot 13 shall be changed to "outlot A ".
C* A signed developers agreement is submitted to the Director of Public Works
for his approval. The developers agreement shall include:
1) construction and easements for temporary cul -de -sacs at the end of
Dorland and Dahl Road
2) storm sewer easements along the east line of lots 11 and 12 and over
the existing pond
3) final approval of grading, drainage, and utility plans
4) implementation of erosion control measures, as recommended by the
Soil Conservation Service
5) extension of the Dorland Road sewer to serve lots 1 and 2
2. Payment of the cash connection charge for watermain service in Linwood Avenue
(4 200)
_ 7 - 8/21
3. Removal of the barn and garages or redraw lots one and eight to get the barn
and house on one lot.
Commissioner Ellefson seconded. Ayes all."
d. Mayor Greavu called for proponents. None were heard.
e. Mayor Greavu called for opponents. None were heard.
f. Mayor Greavu closed the public hearing.
g. Mayor Greavu moved to table until after the 8:15 P.M. hearing.
Seconded by Councilman Anderson. Ayes - all.
H. UNFINISHED BUSINESS
1. Council Rules of Procedures
a. Councilman Bastian moved to amend the Ma lewood Rules of Procedure Section 1
- - r - -1 -1 - - -- -
"Curfew: No additional agenda item will be discussed after 10:30 P.M. No dis-
cussion will continue past 11:30 P.M. Meetings adjourned under this policy will
be continued to the next Thursday at 7:00 P.M. The continued meeting will start
at the point on the agenda where adjournment occured. No new items will be added
to the continued meeting agenda."
Seconded by Councilperson Juker.
F.
PUBLIC HEARINGS (continued)
Ayes - Councilmen Anderson and Bastian.
Nays - Mayor Greavu, Councilperson Juker
and Councilman Nelson.
3. Preliminary Plat: Schwichtenberg Addition - 8:00 P.M.
h. Mr. Kurt Schwichtenberg spoke on behalf of the request.
i. Councilman Anderson.moved to approve the preliminary plat presented b
Schwichtenberg Properties for the 3.49 acres of prop erty located south of Lin-
Hood Avenue and east of VanDahl Addition subject to the followin conditions:
1. The final plat shall not be approved until:
a. Provision is made to extend sanitary sewer to the lots on Linwood
Avenue
b. Lot 13 shall be changed to "outlot A"
r•
c. A signed developers agreement is submitted to the Director of Public
Works for his approval. The developers agreement shall include:
1) construction and easements for temproary cul -de -sacs at the end
of Dorland and Dahl Roads
2) storm sewer easements along the east line of lots 11 and 12 and
over the existing pond
3) final approval of grading, drainage, and utility plans
4) implementation of erosin control measures, as recommended by the
-8- R /��
Soil Conservation Service
5) extension of the Dorland Road sewer to serve lots 1 and 2.
2. Payment of the cash connection charge for watermain service in Lin -
wood Avenue ($4200)
3. Removal- of the barn and garages or redraw lots one and eight to
get the barn and house on one lot.
Seconded by Mayor Greavu. Ayes - all.
4. English Street - South of County Road C - 8:15 P.M.
a. Mayor Greavu convened the meeting for a public hearing regarding the rehear-
ing of the proposed improvement of English Street, south of County Road C by
construction of sanitary sewer, watermain, storm sewer, street and appurtenant
work. The Clerk noted the dates of publication and stated the hearing notice
was in order.
b. Manager Evans presented the staff report.
CIO Mayor Greavu called for proponents. None were heard.
d. Mayor Greavu called for opponents. None were heard.
e. Mayor Greavu closed the public hearing.
f. Councilman Bastian introduced the following resolution and moved its adoption:
80 - 8 - 170
WHEREAS, after due notice of public hearing on the construction of sanitary
sewers and service connections, watermains and service connections, storm sewers,
streets, and all necessary appurtenances on English Street from County Road "C"
southerly a distance of approximately 730 feet and sanitary sewer mains and all
necessary appurtenances from English Street westerly to Duluth Street, a hearing
on said improvement in accordance with the notice duly given was duly held on
August 21, 1980, and the Council has heard all persons desiring to be heard on
the matter and has fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLi'WOOD, MINNESOTA, as
follows: '
1. That it is advisable, expedient, and necessary that the City of Maplewood
construct sanitary sewers and service connections, watermains and service
connections, storm sewers, streets and all necessary appurtenances on
English Street from County Road "C ", southerly a distance of approximately
730 feet and sanitary sewer mains and all necessary appurtenances from
English Street westerly to Duluth Street as described in. the notice of
hearing thereon, and orders the same to be made.
2. The City Engineer is designated engineer for this improvement and is hereby
directed to prepare final plans and specifications for the making of said
improvement.
3. This improvement is hereby designated to be Maplewood Project No. 79 -4.
Seconded by Councilman Nelson. Ayes - all.
- 9 - 8/21
G. .AWARD OF BIDS (continued)
2. English Street, South of County Road C - Project 79 -4
a. Manager Evans presented the staff report.
b. Councilman Nelson introduced the f ollowina resolution and moved its adoption:
80 - 8 - 171
BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA, that the bid
of Richard Knutson, Inc., in the amount of $102,795.45 is the lowest responsible
bid for the construction of English Street South of County Road "C" (Improvement
79 - 4), and the Mayor and Clerk are hereby authorized and directed to enter into
a contract with said bidder for and on behalf of the City.
Seconded by Councilperson Juker. Ayes - all.
H. UNFINISHED BUSINESS (continued)
2. Building Project for League of Minnesota Cities
a. Manager Evans presented a letter from the League of Minnesota Cities re
gardiing their request for funds to build a building to house their facilities.
b. aM@P*e r�- Bastian moved that the Council forward a letter to the League of Minn-
esota Cities expressing their displeasures of constructin a bu at 8 3/4%
interest in the City of St. Paul.
Seconded by Councilperson Juker. Ayes - Councilperson Juker, Councilmen
Anderson, Bastian and Nelson.
Nays - Mayor Greavu,
3. Brookview Drive Storm Sewer - Project 78 -20
a. Manager Evans presented the staff report.
b. Mr. Dan Lofgren, 2656 Brookview Drive and Mr. Warren Wallgren, Brookview Drive,
area residents, expressed their concerns with the proposed project.
c. Councilman Anderson introduced the following resolution and moved its adoption:
80 - 8 - 172
WHEREAS, after due notice of public hearing on the construction of storm
sewer, street regrading, drainage facilities and necessary appurtenances on the
Brookview Drive Storm Sewer (Improvement Project 78 -20) a hearing on said im-
provement in accordance with the notice duly given was duly held on July 17, 1980,
and the Council has heard all persons desiring to be heard on the matter and has
fully considered the same;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF MAPLEWOOD, MINNESOTA,
AS FOLLOWS:
- 10 - 8/21
1. That it is advisable, expedient, and necessary that the City of Maplewood
construct storm sewer, street regrading, drainage facilities and necessary
street regrading, drainage facilities and necessary appurtenances on the
Brookview Drive Starm. Sewer (Improvement Project 78 -20) as described in the
notice of hearing thereon, and orders the same to be made.
2. The City Engineer is hereby directed to prepare final plans and specifications
for the making of said improvement.
3. This improvement is hereby designated to be Maplewood Project No. 78 -20.
Seconded by Councilman Nelson. Ayes - all.
4. Review Assessment Hearing Comments
a. Manager Evans presented the requests of cancellation adjustment or continued
deferment of the assessments to be levied at this time.
b. Council reviewed the following requests:
1. Sanitary Sewer No. 1
a. Mrs. Lorraine Odden, 2305 Barclay Street - $487.90
Code No. 57 01010 060 55 - No change in,assessment
2. Sanitary Sewer No. 2
a. Adolph and Mildred Palme, 1721 Arcade Street
$1,172.00 - Code No. 57 51100 060 01 - No change in assessment
b. Lutheran Church of Peace - 47 So. Century Avenue - $1,020.00
Code No. 57 00100 080 75 - No change in assessment
C. Esther Rylander and Robert J. Kassee - 2126 Arcade Street - $437019
Code No. 57 01610 010 36 - No change in assessment
d. Edward Masloski - 1915 DeSoto - $1
Code No. 57 01710 076 57 - No change in assessment
e. Evelyn McMillin - 1777 Edgerton - $2,843.75
Code No. 57 41500 080 02 - No change in assessment
f. Valentine Knabe, 1760 DeSoto Street - $1
Code No. 57 41500 200 05 - No change in assessment
g. David and Margaret Anderson, 1993 Arkwright St. - $517.92
Code No. 57 48800 131 03 - No change in assessment
r.
h. Herbert Toenjes, 1966 McMenemy Street - $1,810.9.0
Code No. 57. 48800 301 05 - No change in assessment
i. Hartford Langer, 2074 Edgerton - $650.00
Code No. 57 75500 140 00 - No change in assessment
j. St. Paul Board of Water Commissioners - Code No. 57 25500.300 06,
57 67500 192 10; 57 25500 100 05; 57 25500 180 05; 57 25500 190 05;
57 25500 200 05 - No change in assessments.
- 11 - 8/21
Code No. 57 01810 010 50 - $3,521.90
Councilman Anderson moved to cancel the assessment of $3,521.90 - San-
itary Sewer No. 5 -2 against the St. Paul Water Department (thew reement
si ned by the St. Paul Water Department and the Cit states the Cit y shall
pay this assessme
Seconded by Councilman Bastian. Ayes - all.
3. Sanitary Sewer No. 5 -4
a. Bernard Mehr, 687 Ferndale Street - $480.00
Code No. 57 50700 060 01 - no change in assessment
b. Donald Kimble, 679 Ferndale Street - $480.00
Code No. 57 50700 070 01 - no change in assessment
4. Sanitary Sewer No. 6 -2
a. Ethel and Donald Neumann, 1795 E. County Road C - $2,492.00
Code No. 57 00210 030 54 - no change in assessment
b. Ronadl Leu - $1
Code No. 57 00310 130 80 - no change in assessment
C. Herbert Schouweller - $2,625.00
Code No. 57 00310 200 82 - no change in assessment
5. Water Improvement 3
a. Adolph Palme, 1721 Arcade Street - $1,172.10
Code No. 57 51100 060 01 - no change in assessment
6. Water Improvement 4
a. Herbert Toenjes, 1966 McMenemy Street $ 1,898.46; $1,476.58
Code Nos. 57 48800 271 04 and 57 48800 301 05 - no change in assessment
b. Erwin Nordeen, 2290 White Bear Avenue - $1
Code No. 57 22000 274 09 - no change in assessment
7. Water Improvement 5
a. Esther Rylander and Robert Kasse, $437.26
Code No. 57 01610 010 36 - no change in assessment
8. Sanitary Sewer No. 8
- a. Mr. John Daubney, attorney representing Mr. and Mrs. Rueben Ris trom,
1633 Lark Avenue, requested continued deferment. No change in assessment.
9. Sanitary Sewer No. 7
a. George Rossbach, 1406 E. County Road C, $1,000.00
Code No. 57 01010 020 36 - no change in assessment
10. Sanitary Sewer No. 68 -2
- 12 - 8/21
a. W.E. Leonard, $4,972.18
Code No. 57 01300 020 34 - no change in assessment
11. County Road "C"
a. William Howard, 931 E. County Road C - $540.00
No change in assessment.
b. Ray Nowicki, $15,750.00
Code No. 57 00910 040 37 - no change in assessment
12. Cope Avenue Utilites and Street
a. Warren D. Madigan - Code No. 57 63100 030 10
Street - $13,395.53 - Utilities - $13,027.68
Councilman Anderson moved to cancel the Cope Avenue Assessments of
Street - $13,395.53, Utilities, $13,027.68 against the property Code
No. 57 63100 030 10 as recommended.
Seconded by Councilman Bastian. Ayes - all.
b. John Kavanagh, 57 68800 012 08
Street - $12,321949, Utilities - $15,362.65 - no change in assessment
C. Mr. Kavanagh stated he had applied for assessment consideration on
the Meister property.
Mayor Greavu moved to discuss Mr. Kavanaugh's request on the August 28
1980 meeting.
Seconded by Councilman Bastian. Ayes - Mayor Greavu, Councilmen Bastian
and Nelson.
Nays - Councilperson Juker, Councilman
Anderson.
d. James Refrigeration - Code No. 57 63100 050 59
Streets - $10,448.08, Utilities - $4,456.71.
Councilman Anderson moved to cancel a total of $10,200.00 from the total
. r Yom• •
assessments against Code No. 57 63100 050 59.
Seconded by Councilman Bastian. Ayes - all.
e. Rueben Ristrom, 1633 Lark Avenue
Code No. 57 68800 012 07 - Streets $13,505.86; Utilities - $15,107.53.
No change in assessments. f
13. Water Improvement 24
a. Hartford Langer, 2074 Edgerton, $871.00
Code No. 57 75500 140 00 - no change in assessment.
14. Sanitary Sewer lA
a. Donna Freking, 962 Bartelmy Lane - $1,297.16
- 13 - 8/21
Code No. 57 14550 010 01
Councilman Anderson moved to cancel $642.66 of the assessment against
property Code No. 57 14550 010 01.
Seconded by Councilman Bastian. Ayes - all.
15. Water Improvement 70 -28
a. Rose Westbrook, 1900 Furness, $1,304.01.
Code No. 57 32800 160 04 - no change in assessment.
16. Water Improvement 73 -1
a. Walter Corky, $4,465.00
Code No. 5 GG4i0 GiG 82 - no change in assessment.
b. Joseph Zappa, 2522 Flandrau Street - $2,285.42
Code No. 57 01010 080 01
. Councilman Anderson moved to cancel Water Improvement 73 -1 assessment
in the amount of $2,285.42 against property Code No. 57 01010 080 01
as recommended.
Seconded by Councilman Bastian. Ayes - all.
c. Vernon Blanski, 1700 E. County Road C - $335.00
Code No. 57 01010 300 01 - no change in assessment
d. Raymond Kaeder, $2,687.65
Code No. 57 01010 170 36 - no change in assessment
e. Willa Stack, 2707 Hazelwood Street - $2,570.00
Code No. 57 29600 050 00 - no change in assessment
f. William J. Gardner, 2480 Hazelwood Street - $3,745.73
Code No. 57 63100 190 06 - no change in assessment
g. John T. Oswald, 1694 Demont Avenue - $335.00
Code No. 57 63100 040 04 - no change in assessment
h. St. Paul Priory, $12,685.00
Code No. 57 03800 140 01 - no change in assessment
i. Ronald Leu, Code No. 57 00310 130 80 - $335.00
Councilman Bastian moved to cancel $335.00 for Water Improvement 73 -1
assessment against roperty Code No. 57 00310 130 80.
Seconded by Councilman Anderson. Ayes - Mayor Greavu, Councilmen
Anderson, Bastian & Nelson.
Nays - Councilperson Juker.
17. Diseased Trees 79 -6
a. Ralph J. Pierre, 1715 No. Howard Street - $148.38
Code No. 57 32800 080 03 - no change in assessment.
1A - 0
b. Gene D. Sbragia, 1456 E. Sandhurst Drive - $115.27
Code No. 57 67900 060 15 - no change in assessment.
I. VISITOR PRESENTATIONS
1. Mr. George Rossbach, 1406 E. County Road C
a. Mr. Rossbach, 1406 E. County Road C, requested information as to why - he was
told there was a moratorium on construction of duplexes and then later read that
Council had approved construction of 26 duplexes just west of his property.
b. Manager Evans stated there was placed a moratorium on having a Special Use
Permit to build a duplex in an R -1 zoned property.
J. NEW BUSINESS
1. Special Exception Renewal - 1887 Myrtle
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Pellish moved the Planning Commission recommend to the City Council
approval of the renewal of the home occupation for a five year period, since the
applicant's business has not caused any complaints .
Commissioner Fischer seconded. Ayes - all."
C. Councilman Anderson moved to approve renewal of the home occu ation s ecial
, exception permit for a five year period for Morson Rinkenberp 1887 NZrtle
to operate - a tailoring business.
Seconded by Councilperson Juker. ` Ayes - all.
2. Comprehensive Plan Amendment Letter
a. Manager Evans presented comments and recommendations concerning the.Metro-
politan Council proposed guidelines for . review of amendments to local comprehensive
plans. ,
b. Mayor Greavu moved to forward a letter to the Metro Council exEressing the
Manager's comments.
Seconded by Councilman Bastian. Ayes -all.
3.. Cooperative Agreement - Suburban Rate Authority Board
F
a. Manager Evans presented the staff report .
b. Councilman Nelson introduced the following resolution and moved its adoption:
80 -8 -173
WHEREAS, the City of Maplewood, Minnesota has entered into a Joint and
Cooperative Agreement providing for the creation of the Suburban Rate Authority;
and
1 q - Q /7,
WHEREAS, the present form of such Joint and Cooperative Agreement does
not authorize the Suburban Rate Authority to participate in proceedings or engage
in activities involving the Metropolitan Waste Control Commission; and
WHEREAS, the Board of Directors of the Suburban Rate Authority has recommended
that such organization be authorized to participate in proceedings or engage in
activities involving the Metropolitan Waste Control Commission; and
WHEREAS, it appears necessary and desirable that such authority be conferred
upon the Suburban Rate Authority and that this be accomplished by the execution
of the amendment to the Joint and Cooperative Agreement.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Maplewood,
Minnesota as follows:
1. The Mayor and Clerk are authorized and directed to execute the Amendment
to the Joint and Cooperative Agreement giving authority for Suburban Rate Author-
ity involvement in matters relating to the Metropolitan Waste Control Commission.
2. The City Clerk is directed to f ile a copy of the executed Amendment to the
Joint and Cooperative Agreement, together with a certified copy of this resolution,
with the Secretary /Treasurer of the Suburban Rate Authority.
Seconded by Councilman Nelson. Ayes - all.
4. Special Exception to Operate a Game Room - 2251 E. Larpenteur Avenue
a. Manager Evans presented the staff report.
b. Chairman Les Axdahl presented the following Planning Commission recommendation:
"Commissioner Barrett moved the Planning Commission recommend to the City Council
denial of this special exception application based on the fact that it is not
consistent with the neighborhood convenience shopping center and no need for such
activity has been demonstrated to the Commission. The Commission also expressed
concern on parking as to its compatibility with the neighborhood center.
Commissioner Howard seconded. Ayes all."
c. Mr. Tom Bicha, the applicant, spoke on behalf of his request to operate a
game room.
d. Mr. Fred Ludtke, operator of such game room, spoke on behalf of the proposal.
e. Mr. Richard Ernst, owner of the building, spoke on behalf of the proposal.
f. The following area residents spoke in opposition to the proposal:
r Mr. Casimer Willard, 2225 E. Larpenteur Avenue;
Andy Anderson, 2243 E. Larpenteur Avenue;
Several area residents stated they were also opposed.
g. Councilman Anderson moved to den the request for a special exception for
a ame room facility at 2251 E. Larpenteur based on the Plannin Commission
recommendations and also because of the added hazards to the area due to increased
traffic.
- 16 - 8/21
Seconded by Councilman Nelson. Ayes - all.
Mayor Greavu moved to extend the meetin past the 11:30 P.M. deadline.
Seconded by Councilperson Juker. Ayes - Mayor Greavu; Councilperson Juker,
Councilmen Anderson and Nelson..
Nays - Councilman Bastian.
K. COUNCIL PRESENTATIONS
1. Newspaper Article
a. Councilperson Juker stated the Council Agenda was not on the front page and
was not printed in full in the Maplewood Review. It should be placed on the front
page.
b. Council requested the reporter ask that Agenda be on the front page of the
Maplewood Review.
2. Garbage Collection Ordinance
a. Councilman Bastian questioned if trash haulers are allowed to pick up trash
at night in commercial areas.
b. Staff stated the trash haulers are not governed by hours of pickup, but are
not allowed to create disturbances or any undue noise between the hours of 10:00
P.M. and 6:00 A.M.
3. Alarm Ordinance
a. Councilman Bastian asked if there was any way that our alarm ordinance could
be worded that if an alarm goes longer than one hour that person or business
could be assessed.
b. Staff stated that provision could be worked into the ordinance.
c. No action taken.
4. Contracts
a. Councilman Bastian questioned what the cost of the AFSCME proposal would be.
b. Manager Evans stated he had not worked up a cost proposal as it was the
Union's first proposal.
5. - Letters - LMC
Not discussed.
6. Appointment - Emergency Preparedness Director
a. Mayor Greavu moved to a ppoint Larr Cude as Director of Emer ency Prep aredness
effective immediately at $500 per month plus use of a vehicle.
b. Mayor Greavu appointed. Larry Cude as Director of Emergency Preparedness
�-e
immediately.
C. Salary for the Director is tabled until Council reviews the budget.
8. H.R.A.
a. Mayor Greavu questioned items in the H.R.A. minutes regarding using case
numbers not names for applicants of the housing grants.
b. Case numbers were suggested to comply with the Data Privacy Act.
Councilman Anderson moved to waive the Rules of Procedures and extend the Agenda -'
past the 12:00 P.M. lidnight deadline.
Seconded by Councilperson Juker. Ayes - Mayor Greavu; Councilperson Juker,
Councilmen Anderson and Nelson.
Nays - Councilman Bastian.
7. Budget Information
a. Mayor Greavu requested to have a list of each department head and who is
working in that department, their salaries, plus what income each department
takes in.
L. ADMINISTRATIVE PRESENTATIONS
1. Final Approval - Mogren Brothers - Commercial Revenue Note
a. Mayor Greavu introduced the following resolution and moved its ado Lion:
80 - 8 - 174
BE IT RESOLVED by the City Council of the City of Maplewood, Minnesota, as
follows:
ARTICLE ONE
DEFINITIONS, LEGAL AUTHORIZATION AND FINDINGS
1-�1. Definitions.
The terms used herein, unless the context hereof shall require otherwise
shall have the following meanings, and any other terms defined in the Loan Agree-
ment shall have the same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another or different meaning
or intent.
Act: the Minnesota Municipal Industrial Development Act, Minnesota Statutes,
Chapter 474, as amended;
Assignment of Leases and Rents: the agreement to be executed by the Borrower
assigning all the rents, issues and profits derived from the Project to the Lender
to secure the repayment of the Note and interest thereon;
Assignment of the Loan Agreement the agreement to be executed by the City
and the Lender assigning the Loan Agreement to the Lender;
Bond Counsel: the firm of Briggs and Morgan, Professional Association, of
10 0 /ni
St. Paul and Minneapolis, Minnesota, and any opinion of Bond Counsel shall be a
written opinion signed by such Counsel;
Borrower: Mogren Bros., a Minnesota general partnership, its successors,
assigns, and any surviving, resulting or transferee business entity which may
assume its obligations under the Loan Agreement;
City The City of Maplewood, Minnesota., its successors and assigns;
Disbursing Agreement the agreement to be executed by the City, the Borrower
and the Lender, relating to the disbursement and payment of Project Costs;
Guaranty the personal guaranty to be executed by Robert C. Mogren and Gerald
C. Mogren, in favor of the Lender;
Improvements the structures and other improvements, including any tangible
personal property, to be constructed or installed by the Borrower on the Land
in accordance with the Plans and Specifications;
Land the real property and any other easements and rights described in
Exhibit A attached to the Loan Agreement;
Lender First State Bank of White Bear Lake, in - White
Bear Lake, Minnesota,'its successors and assigns;
Loan Agreement the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mortgage the Mortgage, Security Agreement and Fixture
Financing Statement to be executed by the Borrower as
mortgagor, to the Lender, as mortgagee, securing payment of the
Note and interest thereon;
Note: the $560,000 Commercial Development Revenue Note of
_1980 (Mogren Bros. Project) , to be issued by the City pursuant
to this Re sol u.tion and the Loan Agreement; -
Note Regis the' records kept by the Cit Clerk to
Y
provide for the registration of-transfer of ownership of the
Note;
• Plans and Specif ons the plans and specifications
for the construction and installation of the Improvements on
tte Land; -
Princi al Balance so much of the principal sum on the
Note as remains unpaid at any time
Project the Land and-Improvements as they may at any
time exist,
- 19 - 8/21
Project Costs the total of all "Construction Costs"
and
"Loan and Carrying Charges , " as those terms are defined in
the
Loan Agreement;
Resolution this Resolution of
1980, together with any supplement or
the City adopted- ,
amendment thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,"
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision.
1 -2. Legal Authorization
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions e p
set forth in the Act and in this Resolution.
1-3. Findings .
The City Council has heretofore determined and doe
hereby determine, as follows:
( 1) The C-i ty is authorized by the Act 'to enter into a
Loan Agreement for the public purposes expressed in the Act;
(2) The City has made the necessary arrangements w'
y g with the
Borrower for the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the Assignment of Loan Agreement, the Note and
the Disbursing Agreement, which documents specify the terms and
P Y
conditions of the acquisition and financing of the Improvements
to be included in. the Project;
_
(3) in authorizing the Pro ' ec t the C i t ' s u _ � y purpose is , and
In its judgment the effect thereof will be, to promote the
p4bl is welfare by: the attraction, , encoura g emen t and
development of economically sound industry and commerce so as
to prevent, so far as possible, the emergence of bl i 9 h.ted and
marginal lands and areas of chronic unemployment; the-develop-
ment of revenue - producing enterprises to use the available
7n — 0 /,)-I
a �
fj
!t
• resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the halting of the movement of talented
• educated personnel of all ages to other areas thus preserving
the economic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion ion of an adequate to tax base to finance e
P q the increase in
the amount and cost of governmental services, includ in
-g
educational services for the school district serving the
community in which the Project is situated; .
(4) the amount estimated to be necessary to finance the
Project Costs, including the costs and estimated costs -
permitted by Section 474.05 of the Act, will require the
issuanc of the Note in the principal amount of $560,000 as
here inaf ter provided;
(5) it is desirable, feasible and consistent with the
objects and purposes of the Act to issue the Note, for the
purpose of financing the Improvements to be included in the
Project; -
(6) the Note and the interest accruing thereon do not
constitute an indebtedness of the City within the meaning of j
any constitutional or statutory limitation and do not
constitute or give rise to a pecuniary liability or a charge
. - .'a-gainst theN general credit or taxing powers of the City and
ne * then the full faith and credit nor the taxing powers of the
City is pledged for the payment of * the Note or interest
thereon; and {
(7) The Note is an industrial development bond within
meaning of Section 103(b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
(A) of Section 103 (b) (6) of the Code with respect to an issue
of $1,000,000 or less ; provided that nothing herein shall
P g
prevent the City from hereafter qualifying the Note under a
d if ferent* exemption if, and to the - extent, such exemption is
permitted by law and consistent with the objects and purposes
P P
of the P roject. .
1-4. Authorization and Ratification of Pro ' ect.
The City has heretofore and does hereby authorize the
Borrower, in accordance with the provisions of Section °
474.03(7) of the Act and subj to the terms and conditions
s - et forth in the Disbursing Agreement, -to provide for the
construction and installation of _the Improvements to be
included in the Project pursuant to the Plans and Spec.i-
•
f ications by such means as shall be available to the Borrower `F
and in the manner determined by the Borrower, and without
advertisement for bids as may be required for the construction
and acquisition of municipal facilities; and the City hereby
ratifies, affirms., and approves all actions heretofore take_ n by
the Borrower consistent with and in anticipation of such
authority and in compliance with the Plans and Specifications*
21 8/21
' ARTICLE TWO -
NOTE
2 -1. Authorized Amount and Form of Note
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein with such
appropriate variations, omissions and insertions as :are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of-the Note that may be outstanding hereunder is
expressly limited to $560,000 unless a duplicate Note is issued
pursuant to Section 2 -6. The Note shall- be in substantially
following
the olio ing form:
• UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMS EY CITY OF MAPLEWOOD -
Comm ercial Development Revenue Note of 1980
(Mogren Bros. Project)
$56.0
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, (the "City ") hereby promises to pay First.
State Bank of White Bear Lake, White Bear Lake, Minnesota (the
"Lender ") , its successors or registered assigns, from the
source and in the manner hereinafter provided, the principal
sum of FIVE HUNDRED SIXTY THOUSAND DOLLARS or so .
much thereof as. remains unpaid from time* to time (the
"Principal Balance") , with interest thereon at the_ rate of ten
percent (10 %) per annum or at such higher, rate as hereinafter-
provided, in any coin ors currency which at the time or times of
payment is legal tender for the payment of .public or private
debts in the ' United States of America, in accordance with the
terms here inaf ter set forth.
• '' 1. (a) The Principal Balance shall be and
paid in 179 equal consecutive monthly installments of $5,088.72
each commencing on October 1 1980 and * continuing on the first .
day of each and every month thereafter until the 15th _
• anniversary hereof, at which time the entire Principal Balance
. and accrued interest shall be due and payable in f ull (the
"Final Maturity Date:). Payments shall be-applied first to
interest due on the Principal Balance and thereafter to
reduction of the Principal Balance.
-- 22 - 8/21
(b) If the interest on this Note should become
subject to federal income taxation pursuant to a "Determination
Y
of Taxability" as that term is defined in Section 4007 of the
Loan Agreement hereinafter referred to, and the Lender delivers
to the Borrower a copy - of the notice of the "Determination of
Taxability ", the interest rate shall be immediately increased
to eighteen and one -half percent (18 1/2 %) per annum and each
9
monthly installment thereafter payable shall be..accord ingly
adjusted and shall be equal to the amount necessary to amortize
the remaining Principal Balance on the basis of a 25 year amor-
tization schedule with a balloon payment on the Final Maturity
Date with interest at said increased rate; and in addition the
Lender shall be entitled to receive an amount equal to the
aggregate difference between (i) the monthly payments
theretofore made to the Lender on this Note between the "Date
of Taxability", as that term is defined in the Loan Agreement,
and the date of receipt by the Borrower of notice of such
"Determination of Taxability", and ( ii) the monthly payments
which would have been made during such period if the increased
rate had been in effect throughout such period; all as provided
in Section 4.07 of the Loan Agreement.
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium or
penalty, at maturity, upon redemption, or otherwise. Interest
shall be computed on the basis of a 360 day year, but charged
for the actual number of days principal is unpaid.
3. Principal and interest and any penalty or premium
due hereunder shall be payable at the principal office of the
Lender, or at such other place as the Lender may designate in
writing.
4. .This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, Subdivision la,
Minnesota Statutes, consisting of the construction of an office
and warehouse facility,, pursuant to a Loan Agreement of even
date herewith between the City and Mogren Bros., a Minnesota
general partnership (the "Borrower ") (the "Loan Agreement ") ,
and this Note is further issued pursuan to and in full
compliance with the Constitution and laws of the State of
Minnesota, particularly Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on
1980 (the "Resolution ").
• 5. This Note is secured by an assignment of the Loan
• Agreement. by the City to the Lender, a Mortgage, Security
Agreement and Fixture Financing Statement, of even date
herewith between the Borrower, as mortgagor, and . the Lender as
mortgagee ( the "Mortgage ") and by an Assignment of Leases and
Rents, of even date herewith, from the Borrower to the Lender
- 23 - 8/21
(the '"Assignment of Leases and Rents ") . The disbursement of
the proceeds of this Note is subject to the terms and
conditions of a Disbursing Agreement of even date herewith
between the Lender, the City and the Borrower (the "Disbursing
Agreement ") .
6. The Lender may extend the times of payments of
interest and /or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date,
=without notice to or consent of any party liable hereon and
without releasing any such party. However, in no event may the
Final Maturity Date be extended beyond thirty (30) years from
the date hereof*
7. This Note may be prepaid in whole or in part on
any monthly payment date without premium. The Lender shall
apply any such prepayment against the accrued interest on the
Principal Balance and then against the final principal amounts
due under the Note.
8. This Note is further subject to prepayment, at
any time, without premium, in whole or in part, at the option
of the Lender,, upon the occurrence of certain events of damage,
destruction or condemnation of the property secured by the .
Mortgage, as specified in Section 5.02 of the Loan Agreement
and Section 3 -1 of the Resolution.
9. ..The monthly payments due under, paragraph 1
hereof, shall continue to be due and payable in full until the
entire Principal Balance and accrued interest due on this Note
have been paid regardless of any partial prepayment made
hereunder.
10. As provided in the Resolution and subject .to
certain limitations set forth therein, this Note is
transferable upon the books of the City at the office of the
City Clerk, by the Lender in person or by his agent duly
a uthor i zed in writing, at the Lender's expense, upon surrender
hereof together with a written instrument of transfer
satisfactory to the Clerk, duly executed by the Lender or his.
duly authorized agent* Upon such transfer the Clerk will note
the date of registration and the name and address of the new
registered Lender in the registration blank appearing below.
The City may deem and treat the person in whose name the Note
is last registered upon the books of the City with such
• = registration noted on the Note, as the absolute owner hereof, •
• = whether or not overdue, for the purpose of receiving payment of
• or on the account, of the Principal Balance, redemption price
or interest and for all other purposes, and all such payments
so made to the Lender or upon his order shall be valid and
effective to satisfy and discharge the liability upon the Note
to the extent of the sum or sums so paid, and the City shall
not be affected by any notice to the contrary.
_24_ 8/21
11. All of the agreements, conditions, covenants,
provisions and stipulations contained in the Resolution, the
Mortgage, the Assignment of Leases and Rents, the Loan
Agreement and the Disbursing Agreement are hereby' made a part
of this Note to the same extent and with the same force and
effect as if they were fully set forth herein. _
12. This Note and interest thereon and any penalty or
Premium due hereunder are payable solely from the = revenues and
Proceeds derived from the Loan Agreement, the Mortgage and the
Assignment of Leases and Rents, and do not constitute a debt of
the City within the meaning of any constitutional or statutory
limitation, are not payable from or a charge upon any funds
other than the revenues and proceeds pledged to the payment
thereof, and do not give rise to a pecuniary liability of the
City or, to the extent permitted by law, of any of its
officers, agents or employees, and no holder of this Note shall
ever have the right to compel any exercise of the taxing power
of the City to pay this Note or the interest thereon, or to
enforce payment thereof against any property of the City, and
this Note' does not constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City, and the
agreement of the City, to perform or cause the performance of
the covenants and other provisions herein referred to shall be
subject at all times to the availability of revenues or other
funds furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such performance or
the enforcement thereof.
13. It is agreed that time is of the essence of this
Note. In the event of failure by the City to pay when due any
monthly installment of principal or interest within ten (10 )
days after the due date,, or. any premium or penalty due
hereunder, or if an Event of Default shall occur, as set forth
in the Mortgage, the Assignment of Leases and Rents, the
Disbursing Agreement or the Loan Agreement, then the Lender
shall have the right and option to declare, the Principal
Balance and accrued interest thereon, immediately due and
payable, but solely from sums made available under the Loan
Agreement and Mortgage. Failure to exercise such option at any
time shall not constitute a waiver of the right to exercise the
same at any subsequent time.
14. The remedies of the Lender, as provided herein
and in the Mortgage, the Assignment of Leases and Rents, the
Loan Agreement and the Disbursing Agreement, are not exclusive
and shall be cumulative and concurrent and may be pursued
• y P
singly, successively or together, at the sole discretion of the
Lender, ' and. may be exercised as often as occasion therefor
shall occur; and the failure to exercise an such right or
y 9
remedy shall In no event be construed as a waiver - or release
thereof,
-- 2 5, - 8/21
15. The Lender shall not be deemed, e • by any act of
omission or commission., ion, to have waived any of its rights or
giver is in writing remedies hereunder unless such w g
and signed
by the Lender and, then only Y to the extent specifically set
h in the writing. . A waiver with reference to one event
shall not be construed as continuing r as a b •
h t or re g bar to or waiver
o f any right g remedy as to a subsequent event,
16. This Note has been
issued without registration
under state or federal or other securities laws, pursuant to an
exemption such issuance; and accordingly the N
be assigned or. transfer red in whole or g y Note may not
part, nor ma arti '-
. given pursuant t
pation interest in the Note be y a p cl
o any
participation agre except ac '
applicable P accordance with an
a
pp le exemption from such-re istration
g requirements.
IT IS HEREBY CERTIFIED AND RECITED that
all
conditions, acts and things required t
performed q to exist, happen and be
P precedent to or in the issuance of this s Note do
exist, have happened and have been 'performed in regular an
form as required by law,
g d due
. IN WITNESS WHEREO
F, the City has caused this Note
to
be duly executed in its name by the manual signatures of the
Mayor r and Clerk and has caused the corporate •
P ate seal to be affixed
hereto, and has caused this Note to be dated
1980.
CITY OF MAPLEWOOD, MINNESOTA
/s/ John C. Greavu
Mayor
Attest: /s/ Lucille E. Aurelius
Clerk
(SEAL)
Seconded by Councilman Bastian.
Ayes y all.
M • AP : TURNMENT
12:06 A.M.
City Clerk
Im 2.6 — 8/21
IT Y OF MAP EWOOO A C; C 0 U A T S P A Y A B L OA T; 10- 0 2- 80 P A G
�.
H C K* A M 0 U N T C L A I I A N T P U P 0 s
I
-- --- ---- - -
304710
105000
T A' T iii 3 F M i, 4
F Z t S S E R V .1 0
IT 0�P U T Y I S T
304720
605*50
DEPT
OF HEALTH
PARAMEDIC LICENSE
30 -+711
1 055. %0
M I NIN
"S, T A T T R LE A S U
0 -PJ.'ITS-wD;7PJTY
F; S T
304712
8
MINN
STATE TREASURER
S T A T D L F S
PK Y 3;
104713
0000
CCINN
Cu
UN I F 0 -R M S + 0 T
H I til 5
) 0- +71 4
60.00
1 AN: N
"13' T A T T R E: U
COUINTY D/L S
P Y A BLE
0 4+715
81.50
MINK
"3%T 'A' T Tk;.7 A' SU?Vltt','
S T T..:, L F -S
PAY41B
-10 w 7 1 -0
S*20
10,N STAT
,= T:11,
T 3 U 101" 43
30 4717 3 , 5 2 3 .4 0 VIN STATI-1.7. T�IiASURER—P— .4
.
004718 7,9299o29 M N S T A T T ---R �ASUKt c:.- r, k
1-s" 0' T R U T s P: A
P .0 t-D PAY ABi,..-:..
4kN)-C)ATl.'-('I3UTI"J"iSv P.-:
,104719
1
M .3"T A T
T R c-. A -3 U ._ R;-
IT 0�P U T Y I S T
304720
605*50
C 0 N N VA R A
L L I F ti- I NJ CO
C 0 N T -Z4 1 3 U T 10 N .3 1 N s u N
a0 *721
232,*09
CONN N _�
L LIFE N S 00
CD'- T R 3 UT 1 0 1 1 U
104722
x,6 25
METRO WAa"%T-z
CONTROL COMM
SeAsu`o PAYA31
A NDwR F U N D
004723
32*00
MN PDiICz COMBAT
+
T lF, A V %Zw 'a a TRAINING
304724
30* 00
MI14N STAT ii
TREASURE.'k
v
F S L I
NOTARY FEE
3 5
-4
00 CHANHASz.
,I,. how 1w.
OTNN;rR TH4,*.AT
F z�Sv S ER IC z
- 1�
GALS GETAWAY
004726
99900
MINN STAT%c.
Tr"<4t-ASURi.:R
*STAT:--. J/L FE S PAYABL7.
0.+727
35 0 0
MINN STATE
TRr:ASUR:,R
DiPOS'T S-D:PJTY RE3ISTo
- 00 4728
24 00
RAMS.�..Y CTY
CON1001LIATION
P
A /R ARAM,: 'C
0 0 729
7 . 5 0
MN MINING +
MFG C 0
i , i -
S p P I S "-QUIPl NT
10 730
4 6 51 o 0 0
MINN -">TATT.,.
TRt�ASUR";:R
-NSi: F:.:z,.:' PM'YABL'
ONR LIkoL t
S I T Y O M P E W 0 0 D A C C 0 U A T S P A Y A 8 L
H %ziC K A M '0 U N T C L A I .1 A N T
• 304731 43,o39 U G I L
L µ T . ,:. 10- 0 2 - 60 P G 2
P U R p 0 s
T.,AV:.7'L + T-R,4I-NING
Im'-'UPP; I-Sq OFFI-"-:
A NO *) %a - %0 #.m
A f 4 0 F ril- 17. S S V '. rL 0
A. N 0 0 ^-,1 T AIG
A N D S U P I P -%OG -% M
4w r'NA L T 0 S
A ND I,)( %wo
PETTY CASH REIMBURSMENT
'10 732
3 3 8: 6.
C + H ;.�0'04T`?. ACT ING INIL"*'
AwARD"'D """01.1"T ^nN'rf' R A C T S
Ld j A
30A+733 - -..
0 A+ 7 3 3
'1 89 35 7o 17
SHA'F,.;:.,Z CONTRACTING C� IN
D C.00N.S T 6' 0 NT ACTS
)0-4734
73. 5 - 0
t 4 l I i * , J N S T A T T F ftcm A '.3 U R
`IT 5-oD;7PJTY R "'ISTo
0 4 7 35
10 3
M I ti N STATE TREA, U
S TA T D F:. PAYABLZ
104736
1809240*1 4
C S 4m A N INC
A WA D z 0 �ONST D.NTRACTS
30-.+737
145•
F, 0 S r" -I A R Y K A NE. - -..
W ZAG .-Dz- DUII**."," TI 0 114S PAY
30 w733
45*13
METRO L3U?:'--l' Vw'S(.#RY AS X00
U ;" 41 4 D UBS P "A' Y A +-.3 L
4W' P4YA
til:) -m F I f 3 H A %
30 739
29D. 1
1. F 5 C il A L 2 7 2 5
u 0 N DUBS ;;.;.3 P A Y A 3 L
A % F�--"% PAYA
-�D F Q
304740
61o48
I C M A i' T IR ta Or%
MZ. N C OMP
C Oki 00 PA Yk
'.w U .,;.=
a 0 4 741
5, 7 +2 .50
STAT- ' JF MA
M "INN I'lCOMc TAX PAYABLE
COMM OF REVENUE
_30 ' 742
i5,w169*78
HILL R S T N1 1 S A M I C A
F D I "1400% 0 M zi TAX DAYABL'
304743
477* 00
C"rTY + CTY Ckt" 0 1 T U N 1 IN
C= ;:DIT UNION D PAYABL"
004744
4-41.9 75
V4N T,,-.AiIST LOCAL 320
UNI ON U GS PAYA3LE
00 4745
.- 3000
MN + PA PARKS ASSOC
F Sg S i V I
SPECIAL EVENTS
304746
740900
M .1' N " 31T i T k 6�0 A S U E
-� j " T
- 0 Z> T S D 16:0* P J T Y R tzio` I S •
004747
99.50
MINN STAT TP,,;,:.ASURER
S T A T Zo J/L Fz:*S PAYABL,.-:..
CITY OF
MAPi.EWOOD
A C C 0
U
S P A Y A 8 L
CA T 10-m 02-30 P A G 3
H G K
A M 0 U N T
C L A
.16 M A
N T
P U P 0 s E
3 0 -_ w 7 4 8
15100000
F 0 S T M
A' T
79312o42
P R . P A I D E X N
J 0 4 749
8x1.50
MINN
S T A T I
TREASURE;.
0�POSIT S—D:--71;:l[JTY ?5T.
304750
114900
MINN
Si AT f.'mo
T R E A S URR fE. R
St T A T E 3/ L F-: -c- A Y 4 B L E'
33+ 751
x+9.
R A t-41 S
Y CJ C L.RK
C F GIS
COUNTY y L
3 0 '+752
36*00
M M
1 4 +
MFG Co
s UP p s v -H
0
319*2-+
MINN
Z30TAT 1.
TRE-ASURER
u' :i P 0 3, 1 T Sm D LE U T Y R T
.3 0 i+75
29*00
rl NN
STATz
Tp--ASUR R
STA J/L F=:- PeY43L-
904755
66, 613.02
L S M R
A N I
'WA,-1,'r%' D D C.%o 0 N *.%5 T C%# 0 N T ;N T
30 4+756
I 1 5 0
C IT Y
OF 3 Uv'w
U T H
T "'A V 1 , 4 G
10 47
126*00
MILA
ST AT z—
T R E: A Z'S u IT,
N TH T 3 F S A Y 3L
0 4758
C40o20
MINN
ST
T F,'*-A SUR
low
D 0 SIT S D :--J T Y 1 S T
I
-9 0 7.5 9
30o00
S E MIN
POifte I,^lj
#-m- OFF A SS00
T A AJ7-L. TR4INING
0 '4760
19 3109 00
M INN
.3" T 4% T :E.
T F, iE A U wc
C, Z'. p J.S I T S D i P J T Y S T .
0 761
125.00
MI NK
':30 T A T E.
T R- I #'A'S U
T 3 L F ES A Y4 3 L
S T A TE.
304762
11208*30
MI LAN
S T A Em
T F. E- A S UR rum R
D -.-:P0SlT So- DEPUTY RES
30,.+763
1 2 t 0
MINN
ST 4T E
T RR t S U R R
%`:3 T A T D IAD F = = :51 A Y A 3 L 4
304764 421 8 3 MINN '.'*")'T T R iAS SUll-v"'TAX SUR"H4RGE TAX PAYAE
... .. ..... .
A ND F U N 0
3 0 4765
1,693931
MN S A E
T R A S UR, E- Rm P R A
CONTR."L"3UTIONS :';:R,A
034766
3,59
VN STATE
TR'. A 3 U RER F
P. am �: PA y A 91
A ND 4w "ON TRI BUT IONS p RA
304767
79312o42
V1 N ST AT
T R �A SUR P A
P 9$: 9,R *A a DrEj" PAY ABL"
ftm
"ON T R 1 U T "0 -4 S P r..R A
A-ND ow
304768
60000
UNIVERSITY
OF MINNESCTA
TFAVEL + TRAINING
59
X08,9
ESSARY
N EC'
.rXFt—NDITU. SINC'
L4'.5T COUNCIL M?—:-TING
',ITY OF
MAPici".W00C
BILL 3%'-JY.zR FOK"u"
A C
0
0
U A
T
S P A y
CIL T=
10 0 - 80 P 44 . G
C K
A
4 O U N T
C
L
A
1. 'I
A
N T
P U
P 0 s
3 0 6 960 5 3 3a _.__-
15 a BAT T Z'-..-RY + 1 WHS,: IN'
10 o" 9 o" 1 2.5 LAURI .E.7 3,�RG STEDT
306962 80. W I L L I A M 3 1 T T N#,;A-'R
-PO* T NET LO
30 6-963 71. �55 6 LUM' NFL: 9. r
1 % to.
3 0 696
15 '91 BOARD OF 4A TER COMM -4 ---. . . - W--
S U Of L I S V H
T
&,%,4G
,4 G
T =RAVEL + TR^ I N1.
SUP P I L %j l 'A m
ZN ^ 1 � -,: - T
UT "J") — % N� FE S
"> J:. -wo j I :I."' I
000 96 5
82* 72
BILL 3%'-JY.zR FOK"u"
SUPPi JzSq V7HT " —
L L
b0
3
E, U L L y INC
c G
U P P LI S L
30 0967
0 0 a0
6Um-L1N1%5TJjA NO"""UHZEERN .a N
L A IN D t z. " S ME IN T
306968
3 2 5101 0 0
CAPITOL iiL;E�' C'o'TRONI CS J. N G
O
R P + MAIN" A IO
10 *1 9 6 9
3 �3 d __�_�
7 4
EMST J1.4 P-OCUCJS CO -. _
M'I�J NAN M T 1 A S
300970
38*71
CHAPLI. PU3L S
I"'HING
0 T H --7 R 0 N S T R J TTON COSTS
%40 ..&. to
E SHORE DR WATER IMP
304971
33*70
CHIPPz..f4A SPRINGS CO
F S v
WATER COOLER
10 5y72
4 9.8 5
c ON T -I Ai NT A S A F T Y b. QU I P
1*.%o ilm 0 N I 0 + T H I NJ"
U F C
70 0973
170930
COTT,-..A.S IA"",
'�, T.:So V i H 10
left A.
A ND S MA LL '' 00 L 1`3
A N 0 S U P P L 1" 'E. S E U'r M N T
006974.
.. 99
COUNT-0 V-"%LU3 MA*.W-'%' K E T I t 4 C.
SU op - TI P0GRp'AM
306975
1 E, 0 0 a
0 A, Y - T I M -R '."34
TC
S.UPPLIZ..S9 0 F F.96
306976
38000
1 E.LANGE S G >ASS CUTTI t4G
F ZE zi S 9 S ii R V I
710 E3
J AM L'S G LI S
T A V + T I NIL N G
306 977
006978
9*25
BARRY
T A V L.
306979
318900
FABRA GRAPHICS
S U P P L I Eft' S P Z' 0 Go"'t". A M
4w
CIANIi-mmi'm F FAUST
T f - % " A V Mz.A'W + T R A I N I N G
J06980
12*57
306981
24 30
FOREMAN + CLARK
UNIFORMS + i",,*#%L 0TH INS
in I
001TY CF
MAlP6t'-'W00C
A C C 0 U N T S P A Y A 6 E
LA TI 1 0-w 0 2 - 30 P #A G 5
• O%Ho:CK*
A M 0 U N T
C L A I A A N T
P U R P 0
3 0 6 8
16.09
F A N K 3" NJ RS : : Y
SUPPLIZ S P,-V"," 0 G i4 M
306-383
54921
GAGL'-'►R.,"3 AiTS + CRAFTS
S U PPL I E' S P 3 G-� M
00 6984
6 1 o 37
F T i G A.A Z L
O"T H CONSTRU"TION COST T
DI SEASED TREE S C MI LEAGE
JO 6985
62923
G6EN 1NDU330T SUPPLY CO
S'14" LL T 0 0N S
10 8 6
00
G EN -'.,R Al .4% PAIR R V
uo too
+ M N T J TT L "T Y
J.
306987
1 2. : 0
G L A 0 S TO ."i F INC. 0 PT
AS R M I C Lia N Z.
'-0J S
3J_b -
33*16
G LA 03 TO N:: L U M 3 R M
M A I N i C 'M 44 T S
I L
A D U P P t. I S E � U I M N
30 989
4 i4o 22
GODLY .HR Sz"%VIC- ST0-:%E-
Ps + MAINTo 9 VL A
- HT . Lo L z. S
i"10 SUP P L I':: V H I L
306390
138.00 .._..__._
- HAWK Pi4I4T + JA NITO;-, CO
C� U P P: T S J '4 1 T 0 R I A
106991
9 2.5 6
H I L L�o R:. GLASS GO
SUPPI I =S, OFFIC:'
00
314*30
HOWI.:'53 LJCK + KAY S iw'iR V I C
m NTZ N A N C z M "A' T Z. LS
-"' M Io 14
A tiD 4w'-'%-�P + t'o, A I N T BLDG
306393
485*00
J + J T J P H Y + S P 0 Iw-1 T S
s i P p'...1 � S P 0 G;Z A M
a o 6 3914
4 7
J 0 L L Y
Cupp: I: s PROkGm* m
10 6995
12 .0 0
JOURNAL JF CIVIL 0 N S E
SU3SC;- I P T I O 'N S + M M B S H I
-306990"
8 E•37
KNOX L'JM3=-R COMPANY
MAI NTz..N A INC E-- Mf*4' T RI L
i 0 oi- 397
E S' H
supp, s P 0 G 4 M
.106998
127*50
LAKE �344NI TA TION
F S R V I.^
TRASH REMOVAL
1 71. 00
MAPLii HILL'S GOLF
S JP PLI.,7S9 PROG-RAM
A N 3 - w F � ii S, v S -i R V 1 0.0 i:..
WOMENS GOLF LEAGUE
007300
5 3, 71 Eo 27
METRO WA %T.'-,. CONTROL COMM
N T A&'+m 9 s w::
I
007001
MIDWAY TiAk'*4"TOR + EQUIP C
SUPP.I .,:'S, �'-�QJTPM=NT
"w %.- &
35.97
CITY OF
M -A N�LWODD
A C C 0 U ` T S P A Y A E L
A T= 10- 02 -80 Py G` b
_ S H - C K*
A M O U N T
C L A i A A N T
P U R P 0 S
107J02
0 =+
STATE: OF MN
F S, S : VIS
COMM OF PERSONNEL
SOC SEC ADMIN COSTS
137003
It 072.33
STAT Jr Ml
0UTSI0 GI ,_ 1N F��
COMM OF TRANSPORTATION
J07004
980
WINFI L D A MITCH LL
FL�S, J�C VIC
A ND ._ :_ %J H L + F I A _
307305
2�0. JO
NATL ��: + PH?rCS A SS vC
SU3SCi PTIOivS +�'1 =-�SHI
J07J0n
" 29.01
NAT10IN L SJPER11 A R
St�PPLI::S, P�JG�aM
J07J07
497.90
N0RTHW_ST RN B L TEL CO
TEL=PHJNL
307003
20;.9
NCTHW STIN aMLL T CO
T!'HON�.
'-
307009
283,600
NORTHW -ST SRN TIRE CO INC
SUPPLIES, VHICL�
�070�.0
30.70
FAKO FiLI5�RVIC
S uF
9 ,�UPPL� S, PR0Gt. .4 M
- 107011
!�4 :
FA,�ciC MA CHIIJ_ INv
SUPPLI IPMENT
107012
9 00000
P 0 S T , I A T _ R
POSTS
307013
�,,��•1. DO
PUMP + MIT.P, S RVIC
- Q UiPM=NT, JTN =R
ND - 0TH CO STT= UCT I ON t
107014
- X52.04
RAMSz.Y COUNTY T c�:ASUkft
OTHI" 'o%0NST�JCTI0N COST:
A.N D w F. = -S- � - S R V I _
ENGLISH ST /SPEC EVENTS
J07015
33�. 05
I STS = =T CAR W ASH
Pip. + M TNT., VENICL;.S
007016
F:GAD P SCU` INC
MAINT., V2.HICLL
3 0 7 017
3 2 4.3 2
S.__.. +_ . T 0 F - I � -E.__ PR -_
_. S.0 p p L i L s, O F F I C_
AtiJ - SJPPLIS, PROGRAM
H N3 -SJP PLI S, JA NIT ORIAL
107018
730 0
SCH EL -=N _LzCT2IC
R�:P. + MAINT., VEHICLES
0 10 T Y O F
M E 0 0
A C C
0 U N T S P A B
OA T -- 10- 02-80 P A GE 7
60 00
ST PAUL 3 PATCH
L
I I N N T
P U p 0 s
00 019
1, 120.18
T A
SCHlFS<Y + SONS INC
M 1 *4 T L'N A N M T E
307020
12 19 76
SCHG%:-LL
+ AA 0 Sul-IN I N C
L
CUT""IDE �� � i; v;�� I� d S FE?-
107021
- 35 9.58
L J
S UH U I- �`o T I rz CO
"UPPLIES9 0FPrr`-
307022
1 2 E 0.06
J L
Y 0
'.,3 ri L L#
AND !,'I PROV-z' 1-:-,
TWIN CITY FILTi.-..R S:K-V IN
r
P + MA NT 3 L D' + G "D'
307031
4 40 0`0
"D -AA I N T MA T R3 A
:107023
Be 97
S N 0:1
0 - i J G S T 0 R S
S U P PLI J T L
307024 368.30 CITY JF _3`T PAUL + MATINT 0 9 _QU -:
`pPMN
P + M A T o
43 - `:. IN -\ADI
0 7 0 2:')'
117e37
ST PA UL 3 1 -l3 P T C H
P u 9 L .1 H 1 4 G
3070
60 00
ST PAUL 3 PATCH
S U 3 33 104 1 P TTONS +M M3= S Hr
307027
^ 01. 2 0
S U P L i A M, "'Z* I A
ti 6. S, V tz.-' H T
.1. t..o 0AW
N) J F0 '
+ LO T HIND
S %a# I
.107028
7
T A 3 U A T I 'G* S E- R V 8 UR _U
F E- 39 R I
L V
DATA RPOCESSING
307029
71*60
TRUCK UTILITIES + MFG Go
REP* + MAINTat i Q U '1' P M N
307030
22*93
TWIN CITY FILTi.-..R S:K-V IN
r
P + MA NT 3 L D' + G "D'
307031
4 40 0`0
VIK'-%TUZ"p. PRIi'.4TING Co
!W3 Uo P L 1 ZE S 0 F F'r C
f No- SOP P ILI PROGR .444 M
-TH INC
P + MAIN V E H I C
107033
18010
JUDITH W.-_'.C3"dERTH
T A V + T;R A I I N I V G
'107034
32st0
W HI T.-z 3!..'AR OFFICE SUj_*
I-PLY
T C;:7
SUP PLE. S 9 0 FF.L
J07035
3 8 8. 3
___. NIT R AMC INC
_.___
i ; p + M .4.1 IN T V*;m7. H T C, L z S
3 0 7 0 3 o"
370*66
XEROX L`400i PJ RAT ION
DJP;.ICATING COSTS
007037
19 2 56.0
X'_L ROX "OiPORATIGN
DUPLICATING COSTS
.107038
5
J OSEPH A ZAPPA
UNIF0l-,"f'%MS + CLOT-41N 0
'PITY GF MAPLEW00G
A C
C
0
U
'J
T
S P A Y A B L
C�; T=
10- 02--80 P�G� 8
S; G K* A �' O U T
C
�4A� ;,
A
10 70 1
`l
A
N T
P U
R P 0 S
) 0 7039
900 00
_ L0NNA 301A ;H
Sa:.AiI =S
+
wAGE.3 ,
T MP.
1070 "0
90.00
SkNCRA 0= 1 RS
S4LAilzS
+
�4A� ;,
T MP•
10 70 1
10 E. 0
CAROB LOEFF LER
SAL.ARI� S
+
WAGw� ,
TAMP•
t0 70 42 �'
37..
N.G3E.RT� J =J 0
S A �.A-?I� S
+
a G`� ,
T =MP.
397043
24* 00
jGSEPH P : A T
SA ARKS
+
NAG
T =mP.
307044
179.25
A L3 R T cASCHKE.
SALARIES
+
WAG S,
T 3P.
1070
x .00
IC HA RD RAS . 0HK
S. L s
+
WaG��,
TAMP.
10701+6
103.00
MARY A� E& 3:1 HT
SALAR S
+
W4G ;3,
TAMP.
307047
68.00
AGNES ALL Y
S.►LARI.:.S
+
WAG =�,
TAMP.
00 70�
6.00
VICTORl A A'�Oc�cSJti
� �:.�:�cI.S
+
WAG J ,
� EMP.
J0 7G49
6 5900
DOROTHY AR30 *.E.'
S:=LARI S
+
w�1S.
T =MP.
J07050
68000
LINOS A!3HFIEL0
SµLARImEwS
+
LNG.::'
T K;
.3 0 70 �1
��.00
EV =LYN I AX DAHL
S .LAR s
+
w G 3' ,
TAMP.
:107052
60.00
GIAN_ 3::RGES0N
W . iS
+
�faG��,
T.MP.
10 7053
3000
C LI ZA 3:TH 3G LU�dD
S ALARI S
+
WAG ES ,
TEMP.
)O 705=:
68600
IDAMASEW 3 IE3IGH
JLaRI S
+ ADS,
TMP.
}307055
613000
PATRICIA 3LANCK
S' LA' RI`S
+
WAGZ5,
TEMP.
10 70 5 6
69.00
DORIS L 3 -ROADY
SA RIzS
+
WAGES,
TAMP,
307057 _.
.... _ 66 000 .... _ .._._._
- KAREN 3 U R T O N
S A L A R I S
+
W A G S,
T ' M P .
0 0 7058
63000
..
LUCILL_ �"O%AHANEZ
SAL AR I:S
+
WAG =` ,
T E MP•
307059
67.00
GELORES '1'%0 EMAN
SALA?I .S
+
WAGt3 ,
T EMP.
J 0 6 0
8000
MARILYN _..� U , j -NI N G H AM
� -- S A L A I: S_
+
W A G��,
TEMP .
007061
� 7 3.0 U
�H.I.L =D _D EH E- N._._� -
. S H L A S+
W A' S �
_ -T. M -
- .I.-
307062
68000
KATHLEEN DITTLE
SALARIES
+
WAG`S s
TAMP.
CITY OP
M�*'i.L�vJvCi
N C C 0 U A T S P A Y A B L ,�
.. -
�'` lU 02 80 P�G� Q
E-1 K
U N T
C L A A N T
F u -- o
s -
D 7063
68.00
P.. STN , R uJ, -.��. ,
trcJi�HL�
S
307064
090 00
AUuK.Y OJ -' LMAN
T - M P
; •
'307065
68000
L01S _.
+At ,.
S�.�A�I, S
30700
F 8.00
I~� AN' CY = �13L' TS0N - _
S A LA i S
V + ►\ � G . � ,
T _ y
t
1070b7
83000
FHY R1CK S f N
c...
G -
-
30 ?0b8
69000
1)E .OtZ 13' FAC T N ER
���.
., �,--
S �.L A: S +
--,
N A G-
-
0 0
LORR4 I;i-. Fl SCHE?
, :� +
,I_
r ^
WAG_
T - MP,
`
_S
,
007070
X0.00
PEwT._� FiSC _
..►LA��ZS +
, ,.��,
w�. +,�.� ,
_
TAMP,
- 337071
76 0
ANN FJS3JRGH
.�L I..S +
WAG:.S,
T EMP,
0 7 2
#67.00
�.I T A F� �.J ? IC�C50��
S A< w .
`
,.. RIE S +
+_
WAG;_J !
.-
T .�mP,
307073
bb.00
J4NET GA30-?
- t � , -
S��..��I_ S +
r. �
W H G� S ,
_
TA MP. _
30707.
�8.fl0
..
JOAN 1�A RJiY
SA AiI +
WAGES
T AMP,
_S,
_10707
73.0
O -
SA I +
WAGES,
i
T311P.
00
73. G0
VI G GLOUP
� �
- -
c � im +
A G ,
TAMP.
007077
c�6. fl0
W I� MA GOZIZZT ZEN
.-
SALARI� S +
_-.
WHG,S,
T MP,
10 7 0 7 3
L I Z A 3c T A h S - - - --
- ; - �; - - - - ,
SA�.HRI.S +
WAGE
T =MP,
107079
7 •33
J�ANN A H -4
_,
A
MP
J07080
08900
WYMAN HAGS IAN
"- fi.
�A' A S +
.< --
N AG ` � , S ,
_
T .MP.
M A � L Y j HA R T M A rd
,� ,. -
I S +
W A G S �
_ - - - -- - .._
T .MP.
3
64.00
S H :KS
c , --
A_A
WAGES ,
T �.MP.
307083
6 8.00
A RLEN E HO LS T
,
SALARIES S +
..
WH G. � ,
�.
T AMP.
'
C* K
SALAP%I:.S +
WAGE-S,
TEMP.
X07085
6.00
6A:�BA A ri 34ARD
_. _._ .
-
_-
3 0 7 Q 8b
6
M Aid Y JUN; �Z)ON
SALARIZ'S +
_
WAG S TA MP.
WITY OF MA'PLLWOOD
66*00
A C 0 0 U 44 T S P A Y A B L L
r A T 10-02-m80 P" G-
10
i Em C K A M 0
U N T
C L A I M A N T
p i i P 0
s
907067
30 7107
_ ..__, SANDRA JJ*4--: S
SA I E S
+
W A G : Z 3
T M P •
68000
J 0 '038
6 60 00
J'A'N"ET <A'IPr"-
SALA�IIES
+
TEMP.
To-WMPS
007089
70*00
MIA A L 3 E
S4' A;Zr S
+
W A G
TAMP
107090
X5 . 00 _____ . ___ .
15) 0 0 0
TT
B A 6 A R. L R
S PPAL-AiI-: S
+
WAG--"'
TZ'MP*
10 '7 091
66000
L Y N 0E T T --70* -00 E_'J N A D
s A R I S
+
WA E-
T;:MP*
007092
75 4+14
MARY L I 3-H A 0 T
iA
S * L A S
+
W A
T-:MP*
J07U93
10 8000
M AR Y R Y i u
'%Q.0 A L T Z S
N A G ".3
T MP
0070 =.
68000
J OY CIE -6. 1 P 1 7 4 � ' 3 0 K I
-- -------- -
S A L A : a r m S
+
W A. G
T A M P .
00 7095
8 0 70""
0 E_ L 0 R E 4 WOF GREN
S A L A i"I S
+
w A G E
T
J 0 70
7 0 U0
5 H I R Z-0 O J T T L L
S ;i L S
+
W G
;:
T MP•
307097
06000
0 E L 0 R `S I A L LE
S A LARj:S
+
WAGE3
T ;:MP
007098
68*00
MY R TIm 'E. M M
_ Z
SA ARIE S
+
WAG '"4
TAMP.
,J 0 70 99
8 E - 5 0 0
. NO ill A T H O E W S
S A L A i I *E7 S
+
W %E. S,
T Emm MP
0.07100
60*00
J 'EANN= M_'l.'.'A` N U L T Y
S A R I ;-.:m S
+
o4 A G E'
T w - M P o
007101
67.00
ALICE. MILLER
S A L A R.1 uzw S
+
W A Gz.z�
_
T mpe
- - 10 7102
6 o 00
B.ERNADIINE MORTENSEN
WAG
T `M
_ SA L I E S
+
307103
79.70
J E_ A N A Y IE -R '."31
St., ARI
+
WAGS S
T
00 7104
67900
J A 14 E T N 1 .3' KA
S ALS AR IE S
+
W A G EZ)
T MP
30-7105 -
65oOO
-'r' f4L
*t L L
L ORAIN 0 CCN
+
WAGES
TA MP .
SAL: S
007106
66*00
MAX IN
OLSO N
S L A R I zw S +
W A G E :3
T A M P .
30 7107
660 00
ARMELLA
POOGORSKI
SALARIE. S +
WAGE-5 q
TEMPO
10 7
08000
LINDA PRIGGE
SOLA,;.'Iz.S +
WAGEES9
TEMP.
00 710a
68.00 68,000
—A- L B E R T _.R
A C H.K
SALARIzS +
W.A..G.r S,
00 7 1
66o00
SIBBIE.
S4NOQUIST
SALARIES +
WAGE."39
T,6;.MP*
'*"4'TY OF MA-FLEWOOD
649 00
A C 0 0 U .4 T S P Y A 5 Alm =A
T-= 10- 0 2- 80 PA G 1
+ W z S
14 = A M C
U N T
C L A 19. 1 A N T
P U p
0
s
T MP,
307111
62.69
J L_ AN N 53 H A J"" T
A =IB
+
W AG
T m P
307112
66.00
JOY C.z .5 0 ` 1 Ml DT
S o , A L A i I E S
+
W 1 A G 3 1
T E M P .
307113
72,900
L 0 -'\' R A Z_ H il"41 I D;: i�
S A L A RIL t%:W' S
+
-A G '3
T m P
307
73900
G i - 0 R C-7 114' j"CHWANDT
OI .A
+
WAGz" S
E
T MP
307115
80 go
LE V L Y T H
S., A ; R .1 S
+
- -St
Tl%-- MPe
307116
66.00
F L 0 K_ Piv^ T L L A
S A L A R I i S
+
W A G _z 3
T E7' M P s
00 7 1 17
43*00
T H T T T EM Y
S LA I S
+
WAGE-73*
TEMPO
307118
7 c., 38
KATHY SUPAN
T Z
Am%, S
+
v 4 G S,
T ii MP
:70
74*38
10A S ZZO' Z E PA'A' N S K I
SALA I S
+
W AG 3
T M P 9
7 07120
67* 00
L V N Y /T 'I #4
1
lk S,
♦
W -4
T P
M #
307121
649 00
L0,*R%R'AIlN.z TZ'—�PL
S A - S
j A" L
+ W z S
T MP
307122
72*25
FATKUv;'%IA M THOMPSON
I S
+ W G z
T MP,
307123
66.00
MA—%JOiY TJJ,'.LY
A .: S
S T
+ W AG =S
T MP
00 7124
72.25
S#0w'LAl,"Z"I.-7S
+ WIG—.
T ME M P
307125
7 1* 00
CHARLOTT,17 o4ASIL'UK
S ALA-",..IiS
+ WAGES
T : MP
-107120'
7 0. 0 0
M , I H A E"� .. - A S I .. . K
S A L A Ii S
A
+ O 04 G � ..- �
L T "—Mp
10 7 1.27
6 0 0
T-_H.
A` "I z S
+ iq A E'S
_mps
307128
72*25
MARGARiT WOLSZON
S A I S
+ WA `3
T E M P
907129
10.930
TA FFY Sio
S U P P. I Z S
P llr'� 0 G IrlZ A M
307130
224.00
A N 0 *6:0 R .30 0 N L C T I C
R P + M A
I N T i Q U I P M E N T
007131
8*00
ROBERT DOLL ZSCHELL
R i F U N
0
007-132
81000
CAROL 'lUiPHY
R E F U N
0
AFTER SCHOOL PROGRAMS
3, +0 71 33
38910
O FF 1 00 L T R 0 N I C S
S U P P L I 'bi S
.................
Ea. Q U I P M VE N T
10 713i'.+
28*00
C E L OR irmS 0 M A RA
R Em F U N
D
GALS GETAWAY
CITY OF
M-"4po Er4000
A C C 0 U 'I T S P A Y 4 B L
A T 10-w02-w80 P A G;E
H C K
A 41 0 U N T
L A I 1 4' N T*
P U P 0
907135
9.72o 00
A. U -
-M'Cril' EFY —UPPL I ES
R ZEIN T A L �C Uj ;�-N T
30 7130
1 1 2. J0
C ON SU .T L"i G NGI N INC
.-...s U.p P � J N T
177
969i�31933
C H im. G 4 111 TT N
"
T Ji T L OF 236 CH�CKS TOT A -o 0 7 ''
INDICATES ITEM PAID FOR BY RECREATION FEES
CITY OF MAPLEWOOD
CHE CK REGISTER - PAYROLL LATED 09-26 -80 GATE 09 -26 -80
CHECK N0,
CLAIMANT
GROSS
AET
25599
NORMAN G ANDERSON
250eOO
227.17
25600
GARY W B A S T I AN
250.00
217.50
25601
JOHN C GREAVU
32.5.00
226.45
25602
VRANCE E
S L JU!C�R
?. 50, 00
224.42
25603
EARL L 'VE L S0A
250.00
250.00
25604
6ARRY R EVANS
1,536o92
` "78,14
25605
VI VI N R LE�v I `.;
625.81
419.08
25606
LAUD I E L BERGSTEUT
537. J1
357971
25607
DAINI L L F FAUST
1, 222.89
'195.52
25608
ARL I AE J HAGP-"I
751.:38
326 *47
25609
ALANA K MA THEY 5
522900
x+24, 78
25610
LUCI LLE E AURZLI US
1 142, J0
6 35.27
2.5611
PHYLLIS C GRE-
612 *00
429.5 5
25612
BETTY D SELVO G
648.55
412.49
2 5613 - --
LORRA I NE S V I. L TOR - -- VOID - -- -478. 15---------
_ -J00.8 3
25614
JEAAAE L SCHAOT
20626
166.66
25615
ALFRED J PE LG;Q I N
601.85
68 *92
2
2561
JAMES G KLEIN
127.50
113 3 2
25617
TERRANCE C RILEY
12 7, 50
121.12
25618
ESA V I D L ARNOL7
466.46
310.97
25619
JOHN H ATCHI SON
848..31
598.98
25620
ANTHONY G CAHANES
993.93
555..26
25621
DALE K CLAUSCN
848.31
65.96
25622
K.EN44ETH V COLLINS
970.15
173.45
25623
DEAN I S J DEL VON T
1,126423
157.35
25624
RICHARD C DR E 7FR
1 , 052.5 5
594.54
25625
\ RAYMOND E FERNCW
848.31
251.16
25626
NORMAN L GREEN
986, 7 7
510.46
25627
THOMAS L HAGE-1
1 , 204.31
170.93
25628
KEVIN R HALWEG
848.31
43.3.54
F
25629
MICHAEL J HERHERT
1, 026.:39-
592921
25630
DONALD V KORTUS
84, 80
7608
25631
RICHARD J LAN;
11030.64
593.64
25632
JOHN J MC NULTY
1, 097.28
602.64
25633
JAMES E MEEHAN JR
807.69
450. 20
256,34
DANIEL B MET TLER
871, 38
571.68
25635
RICHARD M MOESCHTER
864.21
549.19
4v
25636
RAYMOND J MORELL I
832.15
566.48
25637
ROBERT D NELSON
1, 127.43
707903
Sb3
2 8
WILLIAM! F PELTIER
949, 85
_
523.57
25639
RICHARD W SCHALLER
19303.8
801.33
25640
DONALD W SKALVAN
991.41
85.38
�
_25641
GREGORY L STAFNE
851.49
528.54
25642
VERNOIN T STILL
832.15
500936
25643
DARRELL T' STCCKTON
832.15
562.44
25644
DUANF J W I L L I A M S
880.62
460.65
25645
JOSEPH A ZAPPA
988.15
635.83
25646
DEBORAH A BASTYR
413.08
255.90
25647.,
JAYME L FLAUGHER
556, 15
368.60
25648
DENISE KAY LOWRI E
111.60
111.60
25649
GEORGE W MULWEE
496.15
314.76
25650
KAREN A NELSC*l
496.15
312.6.1
25651
JOY E OMATH
468.00
317.89
25652
JULIE K SCOTT
464.77
311.72
0
1
1
a
T
D
B
f
1
1
D
ti
CITY OF MAPLE WOOD
CHECK REGIS
TER - PAYROLL
GATED 09 -26
-80
DATE 09 -26 -80
CHECK '40.
CLAIMANT
GROSS
NET
25653
JOAAAE
fl SVENI)SEN
556.15
368.60
25654
I CHL LE
A TUCHNER
496.15
267.88
2.5655
ROINA LD
D SECKFR
898.14
212.84
25656
DE{4 I S
S CUS I CK
1, 126.23
720.17
25657
D.A41 i M
GRAF
8 37.54
423.82
25658
ROGI :R W
LEE
998.82
589 * 78
25659
JOA A MELAgDER
930* 75
74.20
25660
CARUL M
AE L SOA
886.65
546.29
25661
CALE E
RAZSKAZUFF
887.54
131.81
25662
CARUL L
RICHIE
392.77
2.77.35
25663
MICHAEL
P RYA'J
871s' * 38
407 *46
25664
ROBERT
E VORWERK.
9 32.4
?.07.64
2{665
JA'�S
YOUx�GRE'
871.:38
528,57
25'666
JAMES M
c�"!BE4TSON
740.77
486.64
25667
ALFK ED
C SCHAD T
953.54
577.10
2566$
LARRY J
CUDE
138.46
107.82
2.566
WILLIAM
L 3I TTNER
1,264.23
931.*97
25670
JAML S G
EL I AS
790.62
440.73
25671
MARY A
NE ME T Z
464.77
311.72
25672
DEN*" I S
L PECK
790.62
452.98
25673
JUDITH
A Wt' GW- =RTH
191.60
154.71
25674
R08CRT
F WI LLI AMSON
730.77
464.74
25675
IGOZ V
FEJDA
725.03
484.77
25676
PE TIER R
GAIN ZEL
200. U0
169.36
25677
GREGORY
D KE IL
418050
328900
2 5673
JAME M
CUR T 1 5
384.00
342.15
25679
vALTER
M GE I S' ,ILER
849.90
529993
25680
JAMES T
GESSELE
674.31
451.87
25681
KENNETH
G HAIDER
958.62
:366.40
25682
WILLIAM
C CASS
978..46
501.43
25683
RONALD
L FREE ERG
696.80
446.45
25684
RONALD
J HELEY
696.80
446.45
25685
MICHAEL
R KANE
722.93
319.44
25686
HENRY F
KLAUSING
698.54
392.35
25687
GERALD
W MEYE4
710* 72
356.56
25688
ARNOLD
H PFARR
736.00
479.30
25689
JOSEPH
B PRETTNER
1, 006.25
671 .22
25690
EDWARD
A RE I NERT
'122.93
461.36
25691
GEORUE
J R ICHARD
696.80
428.72
25692
HARRY J
TEVLI J Jet
731.89
520.77
25693
THOMAS
G BERG
64.00
64.00
25694
E-R IGK D
OSWALD
296.00
296.00
25695
BRADLEY
J QUINN
116.00
111.36
25696
ALEX ROSKOWINSKI
3 38.00
308.00
25697
GI LBERT
C LAROCHE
504.92
339.93
25698
M PAULINE
ADAMS
679.85
433.71
25699
RUDOLPH
R BARANKO
893.54
563.44
25700
L O I S J
BRENNE R
582.56
210.90
25701
BARBARA
A KRUMMEL
22000
128.68
25702
ROBERT D ODEvARD
1, 153.85
727.63
25703
ROY G WARD
277.65
217.2 3
25704
MYLES R
BURKE
722.93
418.04
25705
DAVID A
GERMA I N
696.80
442.40
0
1
1
a
T
D
B
f
1
1
D
ti
_ CITY OF MAPLEWOOD
CHECK REGISTER - PAYROLL DATED 09-2
2b $0
�
D.�,TL 09 - 26 -
CHECK NU. CLAIMANT
GROSS
NET
25706
?. 57C 7
MELVIN J GUSINIDA
ROL;aND � H ELEY
945.38
544.60
25"708
MARK A MARUSK A
T03. i$
rrb1.79
2570
REED E Sf�? JTA
619.40
rt07.74
25710
MICHAEL L JU�NKER
7t�3.33
X23.00
.35
� 3q0
25711
GARY P io3 j`�SO'i
b0
260.66
257w12
KATHLEEN �:� -,
J C��..IE�
X 48.
�02.$8
47.77
25713
RA 2bARA J BRUNELL
191 6�J
395. 5
3
25 714
_
JANET M GREW
.51`��.20
150 . b I
25715
JUD ,I TH A H0k S N ;-L t
2 54.2 5
347.$ 2
25716
_
C H R I S T I N E _
� SGT ��. K
519, 20
19 3.65
25 717
JUDY M ClILHECK
584, 31
347.3 2
25718
TH01 G EKSTRAND
6 64.15
257.15
25719
25720
RgND.At � SO:k �
L L J t�t-�.��
636.46
422.37
404 9 3
3
25721
�Yq' :Y J MI SCELL
GEOFFREY W OLSON
191.60
147.01
25722
MqR .FOR I E OS TROD'
1 � 133.69
958. b2
x;28,94
25723
ROBERT J
735.32
b10.b0
25724
RI CHARD �3
R I C D J 3A,.IHOLON'LW
710.40
487.73.
25725
DAVID B EDSO ��
675.62
.�89.U2
25726
EDWARD A � � -, :.
�ADEAL
741.04
419.$2
25727
_ -
LAV�RNE S �VUTL SON
989.00
502. 7�
25 128
GERALD C OWE N
710.40
381.06
25729
WILLIAM S THGNE
763,.53
4 72.33
25730
JOHN E h�ACDONALD
7 68.80
505.12
_
257.31
DENNIS M MULVANE.
3Y 74.
4 9 7. b3
f
.20
463 *97
CHECK
NUMBER 25599THRU 25731
91 ((�� �']
V4 7* 72
'1
5 2 , v L 1l/ •29
: PAYROLL
DATED 09 -26-80
25613
`=
LORRAINE S VIETOR
47
C 8
C300.83)
2559 8
LORRAINE S VIETOR
478.15
300.83
TOTALS * * *
91
52 , 010.29
E
91
1
MEMORANDUM
T0:
FROM:
SUBJECT:
LOCATION:
APPLI CANT/ OWNER:
PROJECT:
DATE:
City Manager
Director of Community Development
Preliminary Plat Time Extension
Linwood Avenue
Castle Design and Development Company
Linwood Heights
September 25, 1980
Request
A 90 day time extension for the Linwood Heights Preliminary plat.
Past Actions
12- 20 -79: Council approved the preliminary plat, planned unit development,-and
lot split. Approval of the plat is subject to the following conditions:
1. The final plat shall not be approved, unless:
a. Council orders Hi 1 lwood Drive from the east side of the Crestwood Knolls
Plat to McKnight Road, including sanitary sewer, water, storm sewer,
and storm water retention ponds.
b. Council orders Dorland Road from proposed Hillwood Drive to Linwood
Avenue, including sanitary sewer, water, storm sewer and storm water
retention pond.
c. The lot split is approved by Council and the property for Dorl and Road
is deeded to the City
d. The City Attorney has reviewed and approved by by -laws and rules of the
proposed homeowners' association to assure all common areas are maintained
2. Redesignate the common areas as outl ots..
3. Approval of the final grading and drainage plan by the City Engineer.
4. Approval of a Planned Unit De-velopment.
3- 20 -80: Council approved a time extension for the applicant's preliminary plat.
6 -5 -80: Council approved a 90 day time extension for Linwood Heights preliminary
plat and also passed a resolution directing the City Engineer to prepare final
plans and specifications for the Hi 1 lwood Drive -Dort and Road improvement project.
The developers must, however, pay all costs for the preparation of these plans and
speci fications.
The Plans and specifications for this project are presently being prepared by
the City. The applicant has provided the required financial guarantees for the
project.
Code Considerations
Section 1004.080 (b) of the City Code states that, "within ninety (90) days of
the approval of a preliminary plan by the Village Council, there shall be submitted
to the Council an original and three (3) copies of a final plat, which may embrace
all or . part of the area shown on the preliminary plan".
Recommendation
Approval of a 90 day time extension for the Linwood Height Preliminary plat on
the basis that progress is being made towards the completion of the final plat
by the applicant,
Enclosed
1. Location Map
2. Site Plan
3. Applicant's letter dated August 22, 1980
Action by Council:]
n 01` S0 , a.�...
• t . t ........�,..• -
�:
2
r
...
• • U 4r z gr
35 W Q Q
UPPER AFTON RD. N o
m
728NRZZW
2 1 .:
4=
• 44
. - N •
--
•
LOWER - AFTOtd RD: = =-
cc
1-
• LONDIN L A ��-
_ z
'p
AV Z
�, 39
68 t • 7 - 3�
MAILLN RD. O
t1) LAKE WOOD DRIVE
t OD DRIVE:=
}— (3) CREST JEW DRIVE
O O
V '
2 ="
(2c
L.INWOOD AVE. 23
...- , C)AHL• AVE
Y .: 7i
? _ yy11N` ` Cb�
•-
72 8 N LL1
mc
U)
z R22W R21 W Z
Yt : eo 3 s fY cn
=:CT
12
HIGHWOOD AVE 74
25
== ` AVE. .
w E RITZ ST
9F ._
CASTLE DESIGN LOCATION MAP
'ETITIONER
...... now-
[ins
EQUEST
FO;:!
It
'0"3-
177 . .1 A
w Ice
JIL
-on
Wo
t.,
46 • 4b
It
.0
J16
Ir
q
iK Of
A
'ji
A6.k-% lip
ov
T4 fj Y
• r � ''�e� �1�� iii � '�? � S�•'•� -' '�.` ` � r
J"
Kj
'IY
so A
• 4.
- - -,b 01"
4
Is' -
T j *
see,
4 vft
`
to
, -db
A. 0
% A
o
.
T P•► = J ��•�iQ�
yp
CASTLE DESIGN AND DEVELOPMENT Site Plan
PETITIONER .�
-REQUEST
t
J
a
(r,astle r n r.
2419 N. MARGARET
NO. ST. PAUL, MN 55109
PHONE: ]]0 -6II8
August 22, 1980
City of Maplewood
Frost Avenue
Maplewood, Minnesota
Attn: Mr. Jeff Olson
Castle Design & development Co., Inc. would like to request a time extension
for the plat known as "Linwood Heights ", due to unforeseen delays.
Thank you.
kdg /jmg
Sincerel ,
ennet D: Gervais /Vice Pres.
a
3
r'
MEMORANDUM
TO: CITY MANAGER
FROM: CITY CLERK
REGARDING: ABATEMENT OF SPECIAL ASSESSMENTS
DATE: SEPTEMBER 26, 1980
The attached resolution is needed to file abatement of special assessments for the
property acquired for park purposes in the Marvin Anderson Crestview Addition for
taxable years of 1978 and 1979. Total amount to be. abated $6,269.30.
r�
. D .
a
PURSUANT TO DUE CALL and NOTICE THEP.OF, A regular meeting of the City Council of the
City of Maplewood, Minnesota, was duly called and held in the Council Chamber of said
City on the day of 1980 at P
The follovi.ng members were present; Mayor John Greavu; Councilmen
The following members were absent:
introduced the following resolution and moved its adoption.
A F_FZOLUTI01 requesting the cancellation and removal from taxation records in the office
of the Director of Property Taxation, Rar s ey County, Minnesota, the assessments levied
identified as follot� *s, viz:
RA" S'Y COUNTY CODE hlg fr?ER -LOCAL &O "CIAL ASSE.SSY -71 , TS 14U- 10ERS•=i L AMCt111 7 �
- - - _....._... � _ S L. I1 -D
57- 20000 - 010 -05- -Year 1978 - No. 208----------- - - - - -- Y 633932
r:o. 216--- �---------- - - - - -- 389.20
;To. 217 - -- -------------------- 1 2 808 0 90
No. 248-------------- - - - - -- 52,02
No. 1597 ------------ 333.94 (Amounts as of
TO^AL 3,217.3 August 25, 1980;
57- 20000 - 010 -05- -Year 1979- No. 208------- - - - - -- - - - - -- $ 612.10
216------------ - - - - -- 376.3o
217-------------- - - - - -- 1, 79.74
248 - --- 1 1 *1V
1597- "' --------- - -- --- 294.26 Amounts as of -,
TOTAL , August 25,1930)
jJBER7_A.S, the City of ?'aplewood, Iinnesota, acquired the above coded property described
as follows: LOT ONE (1�, BLOCK FIVE (5), CRESTVU -7.1, as per attached statement of
delinquent assessments pursuant to records in the office of the Director of Property
Taxation, Ramsey County, Minnesota. `
F URTHER, The above described property was acquired by the City of Maplewood from
Marvin R. Anderson Construction Company for park expansion purposes. It formerly was
pwned by J. R. Walker & Sons, Incorporated who conveyed title to Marvin' R. Anderson
Construction Company by dead dated March T. 1977.
FURTHM, ' %%arranty Deed from Marvin R. Anderson Construction Comparq to the City of
Maplewood was inadverdently missplaced and was not recorded in the office of Ramse y
County Recorder. Property was used in 1977 and is presently used by the City of
Maplewood for P Purposes.
^ , ,IT By the .City Council of aplewood, Minnesota, that the
assessments as above recited, identified by the above code and numbers in the total
amounts o $3, 217938 levied for 1978 ATID $3 2 051 9 92 for 1979, BE ABATED and CA''CELLED
FROM THE P.LCORDS 01 THE DIRECTOP. OF Pr0?ER?TY TAX,tTION•:SEY COUV'Y, 1TM.;ES(Y_rA.
Seconded by:
Ayes:
STATE OF MMIMOTA )
COU14TY OF PAIMSEY (SS
CITY OF MAPLEWOOD )
I the undersigned, being the duly qualified and appointed City Clerk of he City
Maplewood, Minnesota, do hereby certify that I have careful c v of
and foregoing extract of minutes of a regular meeting � compared the attached
Minnesota, held on the d of C � of the City Council of Maplewood,
ply 1980 with the original on file in
MY office, and the same�`s' a full, true and c_ pTete transcript therefrom insofar as
the same relates to abatement and cancellation of assessments as above stated b
Ramsey ,County Code Not 57- 20400_010 -05. ' y
WITI4SS MY HAND, As such City Clerk and the Corporate S
of 19 rP S eal of said City this daffy,
CITY CLERK, 't 0 i ULPLE jOOD, VA ,T..rSOT .
,7-
. o
...... 1
•
STATEMENT OF DELINOUENT TAXES S D lln
low
`7
DESCRIPTION: CRESTVTEW
1 5
VITAL NO
M+ AMOUNT or U
A S S E S 5 Mi — s T TOT TAX
AD VALOREM TAXES LOCAL�SPECIAL. IN!'
a ASMT 040 COSTS j0 00IMENT LIP
Ir — - ^
—9�0.1-4 I . - 0% �
q
r 9'? ClE fm TAll
V A7 7 1 f (pitm
1y r 1 ' � ( h
is
A
I 2 =e
A/go
j; llh 17Y 4
j-
19
19 I , 1 i
t
19 ............
9
19
f it ^'�•'
DIRECTOR, PROPERTY TAXATION
BY
NOTICE
J NMAKE - CHECKS PAYABLE 'TO DIRECTOR, PROPERTY TAXATION,
AND MAIL THIS STATEMENT TO DEPARnTENT OF PROPERTY
TAXATIO'LN' 138 COURT HOUSE 9 ,ST. PAUL, MINW. 55102
. If
it
... . .....
INTEREST COMPUTED TO�
STATEMENT DELIVERED TO
r�.
ADDRESS
CITY, STATE, ZIP CODE
T
MEMORANDUM
L _ a
`1
f
TO: CITY MANAGER BARRY EVANS
FROM: CITY CLERK
REGARDING: FINAL APPROVAL - COMMERCIAL REVENUE NOTE FOR METRO SELF STORAGE, HIGHWAY 36
DATE: SEPTEMBER 26, 1980
Briggs and Morgan have presented a resolution requesting final approval of the $950,000
Commercial Revenue Note for Metro Self Storage on Highway 36.
b
CHARLES W. BRIGGS (1897 - ws)
° J. NEIL MORTON
SAMUEL H. MORGAN
COLE OEHLER
A. LAURENCE DAVIS
FRANK HAMMOND
LEONARD J. KEYES
B. C. HART
JOHN M. SULLIVAN
BERNARD P. FRIEL
BURT E. SwAxsox
M. J. GALVIN. JR.
DAVID C.FoRsnzno
JOHN J. MCNEELY
GERALD H. SWANSON
MCNEIL V. SZYMOUR,JR.
TERENCE N. DOYLE
RICHARD H. KYLE
JONATHAN H. MORGAN
JOHN L. DEVNEY
R. L. SORENSON
PETER H.SEED
PHILIP L. BRUMES
SAMUEL L. HA %sox
RONALD E. ORCHARD
JOHN R. KE \EFICH
JoHN R. FRIEDMAN
ANDRE J. ZDRAZIL
DAVID J. SPENCER
DANIEL J. COLE, JR.
PETER W. SIPHINS
DOUGLAS L. SHOR
MICHAEL H. JERONI L'S
R. SCOTT DAVIES
September 24, 1980
JAMES W. LITTLEFIELD
JOHN B. VAN DE NORTH, JR.
RICHARD G. MASH
ANDREW C. BECHER
M. T. FABYANSHE
JEROME A. GEIS
DAVID L. MITCHELL
BONNIE L. BEREZOVSITY
STEVE A. BRAND
*TARS W- WESTRA
JEFFREY F. SHAW
DAVID G. GREENING
DAVID B. SAND
BETTY L. HL'M
CHARLES R. HAYxOR
ANDREA M. BO \'D
MARTIN H. FISH
JOHN BULTENA
ROBERT L. DAVIS
RICHARD H. MARTIN
TRL:DY H. SCHROER
NL , .RY L.IPPEL
DAVID J. ALLEN
RoUYx L. HA , %sEN
MARGARET K. SAVAGE
LESLIE M. FROST
BRIAN G. BELISLE
MARY SCHAI'FNER EVINGER
MICHAEL H. STREATER
RICHARD D. ANDERSOV
OF COUNSEL
RICHARD E. KYLE
FRANK N. GRAHAM
REPLY TO St, Paul
LAW OFFICES
BRIGGS AND MORGAN
PROFESSIONAL ASSOCIATION
2200 FIRST NATIONAL BANK BUILDING
SAINT PAUL, MINNESOTA 35101
2452 I D S CENTER
MINNEAPOLIS, MINNESOTA 53402
(612) 291 -1218
Ms. Lucille Aurelius
City Clerk
City of Maplewood
1380 Frost Avenue
Maplewood, Minnesota
55109
Re: City of Maplewood - $950,,000 Commercial
Development Revenue Note of 1980
(Metro Self - Storage Project)
Dear Lucille:
Enclosed in connection with the above issue are seven
copies of the final Note Resolution. By copy of this letter, I
am also forwarding the Resolution to Don Lais for his review.
In addition, I will forward to Don tomorrow, a copy of the
remaining closing documentation for this transaction so that he
may be able to review and approve it prior to the City Council
meeting to be held on October 2.
If you need anything further, please do not hesitate
to contact me.
Very truly yours,
Trudy H. Schroer
THS:smo
Enclosures
cc: Mr. Donald L. Lais
Mr. John E. Brandt
1 ,
t
NOTE RESOLUTION
CITY OF MAPLEWOOD
INDUSTRIAL DEVELOPMENT REVENUE NOTE OF 1980
(METRO SELF - STORAGE PROJECT)
NOTE RESOLUTION
TABLE OF CONTENTS
Page
ARTICLE ONE.-
DEFINITIONS,
LEGAL AUTHORIZATION
AND FINDINGS
1
Section
1- 1.
Definitions.....................,
1
Section
1"2.
Legal Authorization..............
3
Section
1 -3.
Findings .........................
.3
Section
1-4.
Authorization and Ratification
of Project .......................
4
ARTICLETWO -
NOTE
..... ..................*............
6
Section
2 -1.
Authorized Amount and Form
of Note ..........................
6
Section
2 -2.
The Note .........................
14
Section
2 -3.
Execution ........................
14
Section
2-4.
Delivery of Note .................
14-
Sect ion
2-5.
Registration of Transfer.........
15
Section
2 -6.
Mutilated, Lost or Destroyed
Note ............:................
15
Section
2 -7.
Ownership of Note ................
15
Section
2-8.
Limitation on Note Transfers.....
16
ARTICLE. THREE - PREPAYMENT OF NOTE BEFORE MATURITY . , .
17
Section
3 -l.
Prepayment......................,
17
Section
3-2.
Termination of Interest.....,,,
17
ARTICLE FOUR
- GENERAL COVENANTS,,,,,,,,,,,,,,,,,,,,,
18
Section
4 -1.
Payment of Principal and
Interest .........................
18
Section
4 -2.
Performance of and Authority
for Covenants......',,,,,,,,,,,,,,
18
Section
4-3.
Enforcement and .Performance
of Covenants.....................
18
Section
4 -4.
Nature of Security...............
19
P
.
Pam
ARTICLEFIVE
- MISCELLANEOUS .,,..,,,,,,,,,,,,,,,,
20
Section
5 -19
Seve rability ....................
20
Section
5-2.
Authentication _of Transcript****
20
Section
5--3.
Registration of Resolution......
20
Section
5 -4.
Authorization to Execute
Agreements ......................
20
SIGNATURES............ ...............................
21
NOTE RESOLUTION ,
BE IT -RESOLVED by the City Council of the City _ of
Maplewood, Minnesota, as follows: -�
ARTICLE ONE • .
DEFININTIONS, LEGAL AUTHORIZATION AND FINDINGS
1--1. Definitions
The terms used herein, unless the context hereof
shall require otherwise. shall have the ' following' meanings, and
any other terms defined in the Loan Agreement shall have the
same meanings when used herein as assigned to them in the Loan
Agreement unless the context or use thereof indicates another
or different meaning or intent.
Act the Minnesota Municipal Industrial Development Act,
Minnes Statutes, Chapter 474, as amended;
Ass ignment of Leases and Rents the agreement to be
executed by the Borrower' assigning all the rents, issues and'
prof its derived from the Project to the Lender to secure the
repayment of the Note and interest thereon;
Assignment of the* Loan�A2reement the agreement to be
executed by the City and the Lender assigning the Loan
Agreement to the Lender;
Bond Counsel the f i rm of Briggs and Morgan, Professional
Association, of St. Paul and Minneapolis, Minnesota, and any
opinion of Bond Counsel shall be a written opinion signed by .
such Counsel;
Borrower: FED Investments, a Minnesota general
partnership consisting of Robert G. Davis, Oliver Erickson and
Ronald Flanagan, its successors, assigns, and any surviving,
resulting. or transferee business entity which may assume its
obligations under the Loan Agreement;
C ity the City of Maplewood, Minnesota, its successors
and assigns; .
Construction Loan Agreement the agreement to be executed
by the City, the Borrower and the Lender, relating to the
disbursement and payment of Project Costs for the acquisition
of the Land and the construction and installation of the
Improvements;
ij
Guaranty the personal guaranty to be executed by Robert
G. Davis, Oliver Erickson and Ronald Flanagan, in favor of the
Lender;
Improvements the structures and other improvements, E
including any tangible personal property, to be constructed or
installed by the Borrower on the Land in accordance with the }
Plans and Specifications;
Land: the real property and any other easements and =
rights described in Exhibit A attached to the Loan Agreement;
Lender The .Midway National Bank of St. Paul, St. Paul.. -
Minnesota, its successors and assigns;
Loan Agreement the agreement to be executed by the City
and the Borrower, providing for the issuance of the Note and
the loan of the proceeds thereof to the Borrower, including any
amendments or supplements thereto made in accordance with its
provisions;
Mort the Mortgage, Security Agreement and Fixture
Financing to be executed by the Borrower as
mortgagor, to the '.Lender, as mortgagee, securing payment of the
Note and interest thereon;
Note: the $950,000 Commercial Development Revenue Note of
1980 (Metro Self- Storage Project) , to be issued by the C ity
_ pursuant to this Resolution and the Loan Agreement;*
Note Register the records kept by the City Clerk to
provide for the reg istrat ion . of transfer of ownership of the
Note •
Plans and S ecif ica.tions the plans and specifications
for the construction and installation of the Improvements .on
the Land, which are approved by the Lender, together with such
modifications thereof and additions t ions thereto as are reasonably
y
,s
determined by the Borrower to be necessary or desirable for the .
r
• completion of the Improvements and are approved by the Lender; C
F
Princip Balance: so much f h principal sum on the =f
. P__.�...____�, " c o the pr p
Note as from time to time may have been advanced to or for the
benefit of the City and remains unpaid at any time;
Project the Land and Improvements as they may_ at any
time exist;
2
Project Costs the total of all "Construction Costs". and
"Loan and Carrying Charges," as those terms are defined in the
Loan Agreement;
Resolution: this Resolution of the City adopted October
2, 1980, together with any supplem&at or amendment - thereto.
All references in this instrument to designated
"Articles," "Sections" and other subdivisions are to the
designated Articles, Sections and subdivisions of this
instrument as originally executed. The words "herein,
"hereof" and "hereunder" and other words of similar import
refer to this Resolution as a whole not to any particular
Article, Section or subdivision. -
1 -2. Legal _ Authorization .
w....�rn ■ r.�.�r�.wrw�r -r.rso�n� �r� rrr.r
The City is a political subdivision of the State of
Minnesota and is authorized under the Act to initiate the
revenue producing project herein referred to, and to issue and
sell the Note for the purpose, in the manner and upon the terms
and conditions set forth in the Act and in this Resolution.
1 -3. Findings
The City Council has heretofore determined; and does
hereby determine, as follows:
(1) The City is authorized by the Act to enter into a
Loan Agreement . for the public purposes expressed in the Act; . .
(2) The City has made the necessary arrangements with the.
Borrower for-the establishment within the City of a Project
consisting of certain property all as more fully described in
the Loan Agreement and which will be of the character and
accomplish the purposes provided by the Act, and the City has
by this Resolution authorized the Project and execution of the
Loan Agreement, the Assignment of Loan Agreement, the Note and
the Construction Loan Agreement, which documents specify the
terms and conditions of the acquisition and financing of the
Project;
(3) in authorizing the Project the City's purpose is, and
in its judgment the effect thereof will be, to promote the
public welfare by: the attraction, encouragement and `
development of economically sound industry and commerce. so as
to prevent, so far as possible, the emergence of blighted and
resources of the community, in order to retain the benefit of
the community's existing investment in educational and public
service facilities; the halting of the movement of talented,
educated personnel of all ages to other areas thus preserving
the econoinic and human resources needed as a base for providing
governmental services and facilities; the provision of acces-
sible employment opportunities for residents in the area; the
expansion of an adequate tax base to finance the increase in
the amount and cost of governmental services, including
educational services for the school district serving the
community in which the Project is situated;
(4) the amount estimated to be necessary to partially
finance the Project Costs, including the costs and estimated
costs permitted by Section 474.05 of the Act, will require the
issuance of the Note in the .principal amount of $950,000 as
hereinafter provided; -
( 5) it is desirable, feasible and consistent with the
objects and purposes of the Act to. issue the Note; for the
purpose of partially financing the Project;
(6) the Note and the interest accruing thereon do not
constitute an. indebtedness of the City within the . meaning of
any constitutional or - statutory limitation and do not
constitute or give rise to a pecuniary. liability or a ' charge
against the general credit or taxing powers of the City and
neither the full faith and credit nor the taxing powers of the
City is pledged for the payment of the Note or interest
thereon; and
( 7) The Note is an industrial 'development bond within the
meaning of Section 103 ( b) of the Internal Revenue Code and is
to be issued within the exemption provided under subparagraph
(A) of Section 103 ( b) ( 6) of the Code with respect to an issue.-
of $1,000,000 or less; provided that nothing herein shall
prevent the City from hereafter. qualifying the Note under a
different exemption if, and to the extent, such exemption is.
permitted by law and consistent with the objects and purposes
of the Project.
1-4. Authorization and Ratif ication ' of Pro ' ect.
The City has heretofore and does. hereby authorize the
Borrower, in accordance with the provisions of Section
474.03(7) of the Act and subject to the terms and conditions
set forth in the Construction' Loan Agreement, to provide for
the construction and installation of the Project pursuant to
the Plans and Specifications by such means as shall be
4
. a
available to the Borrower and in the manner determined b� the
Borrower, and without advertisement for bids as may be required
Y q
for the construction and acquisition of municipal facilities •
and the City hereby ratifies, affirms, and approves all actions
heretofore taken by the Borrower consistent with and in
anticipation of such authority and in compliance with the Plans
and Specif icat ions . ,
ARTICLE TWO
NOTE
2--1. Authorized Amount and Form of Note
1'��r r..rr r .r.ir - rp• r�r.rrrr•��
The Note issued pursuant to this Resolution shall be
in substantially the form set forth herein, with such
appropriate variations, omissions and insertions .as are
permitted or required by this Resolution, and in accordance
with the further provisions hereof; and the total principal
amount of the Note that may be outstanding hereunder is
expressly limited to $950,000 unless a duplicate Note is issued
pursuant to Section 2-6. The Note shall be in substantially
the following form:
UNITED STATES OF AMERICA
STATE OF MINNESOTA
COUNTY OF RAMSEY
CITY OF MAPLEWOOD
Commercial Development Revenue Note of 1980
(Metro Self- Storage Project)
$950,000
FOR VALUE RECEIVED the CITY OF MAPLEWOOD, Ramsey
County, Minnesota, ( the "City ") hereby promises to pay The
Midway National Bank of St. Paul, St. Paul, Minnesota (the
"Lender ") , its successors or registered assigns, from the
source and in the manner hereinafter provided, the principal
sum of Nine Hundred Fifty Thousand and no /100 Dollars
($950,000), or so much thereof as may have been advanced to or
for the benefit of the City and remains unpaid from time 'to
time (the "Principal Balance "), with interest - thereon at the
rate of eleven percent (110) per annum or at such higher rate
as hereinafter provided, in any coin or currency which at the
time or times of payment is legal tender for the payment of
public or private debts in the United States of America, in
accordance with the terms hereinafter set forth.
110 (a) From and after the date hereof and until the
"Amortization Date". ( the f irst day of the calendar month next
succeeding completion of the Project, in accordance with the
Construction Loan Agreement hereinafter referred to, but in any
event completion shall be no later than October 31, 1981 unless
extended by the Lender) , interest shall accrue from and after
the date of each and every advance made under this Note and
shall be payable on the first day of the calendar month next
succeeding the date upon which the first advance is made, and
on the first day of each and every month thereafter..
(b) From and after the Amortization Date, the
Principal Balance shall be amortized on the basis of a 20 year
amortization schedule and shall be paid in 120 equal
consecutive monthly installments of $9,806.00 each, payable on
the first day of each month commencing on the first day of the
calendar month next the Amortization Date and
continuing until the tenth anniversary of the first payment of
principal and interest hereunder, on which date the Principal
Balance and accrued interest thereon shall be due and payable
7
in full ( the "Final Maturity Date ") . Payments shall be applied
first to interest due on the Principal Balance and thereafter
to reduction of the Principal Balance.
(c) If the interest on this Note should become
subject to federal income taxation pursuant to a "Determination
of Taxability" as that term is defined in Section 4.07 of the
Loan Agreement hereinafter referred to, and the Lender delivers
to the Borrower a copy of the notice of the "Determination of
Taxability". the interest rate shall be immediately increased
to two and one -half percent (2� %) per annum over the yield on
8 3/8% United States Treasury Bonds of 8/15/00/95, which rate
shall be adjusted each month according to the yield quoted on
the first business day of each month by The Chase Manhattan
Bank, N.A. (or if * such Bank ceases to exist, or ceases to quote
such yield, by such other Bank as the Lender shall choose) .
Each monthly installment thereafter payable shall be adjusted
and shall be equal to the amount necessary to amortize the
remaining Principal Balance with interest at said increased.
rate on the basis of a twenty year amoritzation schedule from
the date of the first payment of principal and interest
hereunder with the final Principal Balance due and payable on
the Final Maturity Date; and in addition the Lender shall be
entitled to receive an amount equal to the aggregate difference
between (i) the monthly payments theretofore made to the Lender
on this Note between the "Date of Taxability", as that term Is
defined in the Loan Agreement,. and the date of receipt by the
Borrower of notice of such "Determination of Taxability ", and
(ii) the monthly payments which would have been made during
such period if the increased rate had been in effect throughout
such period; all as provided in Section 4.07 of the Loan
Agreement,
2. In any event, the payments hereunder shall be
sufficient to pay all principal and interest due, as such
principal and interest becomes due, and to pay any premium, at
maturity, upon redemption, or otherwise. Interest shall be
computed on the basis of a 30 day month and a- 360 day year, but
charged for the actual number of.days principal is unpaid.
3. If the Lender should not receive on the f irst, day
of any month all of the principal and interest then due on the
Note, and if the C i.ty should continue to be in arrears through
the fifteenth day of such month, then, in addition to all other
sums due hereunder, the Lender shall be entitled to receive on
the sixteenth day of such Month a service charge equal to four
percent ( 4.00 %) of the delinquent principal and interest. .
4. Principal and.interest and any premium due
hereunder shall be payable at the principal office of the
Lender, or at such other place as the Lender may designate in
writing.
0
5. This Note is issued by the City to provide funds
for a Project, as defined in Section 474.02, . Subdivision 1,
Minnesota Statutes, consisting of the acquisition of real
estate, and the construction of a self-- storage warehouse
facility thereon, pursuant to a Loan Agreement of even date
herewith between the City and FED Investments, a Minnesota
general partnership consisting of Robert G. Davis, Oliver
Erickson and Ronald Flanagan (the' "Borrower ") J the "Loan
Agreement ") , and this Note is further issued pursuant to and in
full compliance with the Constitution and laws of • the State of
Minnesota, particularly. Chapter 474, Minnesota Statutes, and
pursuant to a resolution of the City Council duly adopted on
October 2, 1980 (the "Resolution ") .
6* This Note is secured by an assignment of the Loa_ n
Agreement by the City to the Lender, a Mortgage,' Security
Agreement and Fixture Financing Statement, of even date
herewith between the Borrower, as mortgagor, and the Lender as
mortgagee ( the "Mortgage ") , by an Assignment of Leases and
Rents, of even . date herewith, from the Borrower to the Lender
( the "Assignment of Leases and Rents ") and by a Personal
Guaranty executed by Robert G. Davis, Oliver Erickson'
Ronald Flanagan. The disbursement of the proceeds of this Note
is subject to the terms and conditions of a Construction Loan
Agreement of even date herewith between the Lender, the City'
and the Borrower ( the "Construction Agreement ") .
7. The Lender may extend the tires of payments of
interest and /or principal of or any penalty or premium due on
this Note, including the date of the Final Maturity Date,
without notice to or consent of any party hereon and
without releasing any such party. However, in no event ma y the
Final Maturity Date be extended beyond thirty (30) years from
the date hereof.
8. This Note may be prepaid at any time, either -in
whole or in part, but in case. of prepayment of any amount or
amounts in any calendar year the total of which exceeds 20% of
the original Principal Balance as - of the Amortization Date,
then there shall also be paid, over and above the interest
accrued under the terms of this Note, a premium in an amount
equal to the interest for 180 days, at the rate of interest
charged on the Note at the time of such prepayment on that
Portion of such total prepayment which is in excess of 20% of
the original Principal Balance.
90 This Note is f
any time, without a premium,
occurrence of certain events
condemnation of the property
specified in Section 5.02 of
urther subject to prepayment, at
in whole or in part, upon- the
of damage, destruction or
secured by the Mortgage, as -
the Loan Agreement and Section 3---1 'F
• d
{ f
• I
of the Resolution, or, at the option of the Lender, within {
days after the Lender receives a notice of a "Determination of
Taxability" as that term is def ined in Section 4.07 of the Loan
Agreements
10. The monthly payments --due under paragraph 1
hereof, shall continue to be due and payable in full until the
entire Principal Balance and accrued interest due on this Note k
have been paid regardless of any partial prepayment made
hereunder.
11. As provided in the Resolution and subject to
certain limitations set forth therein this Note is
�
transferable upon the books of the City at the - of-f ice of the F
City Clerk, b the Lender in y person or by his agent duly
authorized in writin at the Lender
y, a expense, upon surrender
hereof. together with a written instrument of transfer f
satisfactory to the City Clerk duly executed
y y , y e e c ted by the Lender or
r
his duly authorized agent. -Upon such transfer the City Clerk
will note the date of registration and the name -and address of
the new registered Lender in the registration blank appearing
i
below. The City ray deem and treat the person in whose name .-
the Note is last reg istered ' upon the books of the City w ith
such registration noted on the 'Note as t b
g , he absolute owner
hereof, whether or not overdue, for the purpose of receiving
payment of or on the account, for the purpose of receiving.
payment" of o r -on the account of the Principal Balance,
rede'mption price or interest and *for all other purposes, and
all such payments so made to the Lender or upon his order shall
be valid and effective to satisfy and discharge the liability
upon the Note to the extent , of the sum or sums so paid, and the
City shall not be affected by any notice to the contrary.
12. All of the agreements, conditions, covenants,
provisions and 'Stipulations contained in the Resolution, the
Mortgage, the Assignment of Leases and Rents, the Loan
,Agreement and the Construction Loan Agreement are hereby made a
part of this Note to the same extent and with the same force
and effect as if they were fully set forth herein.
13. This Note and interest thereon and any penalty
or premium due hereunder are . payable -solely from the revenues
and proceeds derived from the Loan Agreement, the Mortgage and
the Assignment of Leases and Rents, and do not constitute a
debt of the City within the meaning of any constitutional or
statutory limitation, are not payable from or ' a charge upon any
funds other than the revenues and proceeds pledged to the
payment thereof, and do not give rise to a pecuniary liability
of the City or, to the extent permitted by law, of any of its
officers, or employees, and no holder of this Note shall
10
ever have the right to compel any exercise of the taxin g power
of the City to pay this Note or the interest' thereon, or to
enforce payment thereof against any property of the City, and
this Note does not constitute a charge, lien or encumbrance,
legal or equitable, upon any property of the City., and the
agreement of the City to perform or the performance of
the covenants and other provisions herein referred to shall be
subject at all times to the availability revenues or other
funds furnished for such purpose in accordance with the Loan
Agreement, sufficient to pay all costs of such P erformance or
the enforcement thereof.
14. It is agreed that time is of the essence of this
Note. In the event of failure by the City to pay when due any
monthly installment of principal or interest. within fifteen
(15) days after- the due date, or any premium or penalty due
hereunder, or if an Event of Default shall occur, as set ' forth
in the. Mortgage, the Assignment of Leases and Rents the
Construction Loan Agreement or the Loan Agreement, then the
Lender shall have the right and option to declare, upon ten
(10) days written notice, the Principal Balance and accrued
interest thereon, immediately due and payable, but solely f o
. p Y y r m
sums made available under the Loan Agreement and . Mortgage .
Failure to exercise such option at any time shall not
constitute a waiver of the right to exercise the same at any
subsequent time.
15. The remedies of the Lender, as provided herein
_ and in the Mortgage, the Assignment of Leases and Rents, the
Loan Agreement and the Construction Loan Agreement, are not
exclusive and shall be cumulative and concurrent and may be
pursued singly, successively or together, at the sole
discretion of the Lender, and may be exercised as often as
occasion therefor shall occur; and the failure to exercise any
such right or remedy shall in no event be construed as a waiver
or release thereof.
16. The Lender shall not be deemed, by any act of
omission or commission, to have waived any of its rights or
remedies hereunder unless such waiver is in writing and * signed
by the Lender and, then only to the extent specifically set
forth in the writing. A waiver with reference to one event
shall not be construed as continuing or as a bar to. or waiver
of any right or remedy as to a subsequent event.
17. This Note has been issued without registration
under state or federal or other securities laws, pursuant to an
exemption for such issuance; and accordingly the Note may not
be assigned or transferred in whole or part, nor may a
t
11
•
participation interest in the Note be iven pursuant to an
g p y
participation agreement, except in accordance with. an
applicable exemption from such registration requirements.
IT IS HEREBY CERTIFIED AND RECITED that all
conditions, acts and things required-to exist, happen and be
performed precedent to or in the issuance of this Note do
exist, have happened and have been performed in regular and due
form as required by law.
IN WITNESS WHEREOF, the City has - caused th is Note to
be duly executed in its name by the manual signatures of the
Mayor and the C ity Clerk and has caused the corporate seal to
be of f i.xed hereto, and has caused this Note to be. dated October
1980. _
s
CITY OF MAPLEWOOD, MINNESOTA
Mayor
Attest:
City Clerk
(SEAL)
r
e -
F T .
• • ♦. \ � � Iii
PROVISIONS AS TO REGISTRATION
The ownership of the unpaid Principal Balance of this
Note and the interest accruing therein is registered on the
books of the. City of Maplewood in the -name of the holder last
noted below.
Date of Name and address Signature o
f
Registration Registered Owner City Clerk
The Midway National
Bank of St Paul
1578 university Ave.
October , 1980 St. Paul,'Minn. 55104
i
j.
2 -2. The Note.
The Note shall be dated as of the date of delivery,
shall be payable at the times and in the manner, shall bear
interest at the rate, and shall be ' subject -to such other to erns
and conditions as are set forth therein.
2 -3. Execution
The Note shall be executed on behalf of the City b :.
Y
the signatures of its Mayor and Clerk and shall be sealed with
the seal of the City. In case any officer whose signature
shall appear on the Note shall cease to be such officer before
the delivery of the Note, such signature shall nevertheless be
valid and-sufficient for all purposes, the same as 'if had
remained in office until delivery.. t
2-4. Delivery of Note '
Before delivery of the Note there shall be filed with
the Lender (except to the extent waived by the Lender) the
following items:
(1) an executed copy of each of the following documents:
(A) the Loan Agreement and Assignment of- the Loan
Agreement;
(B) the Mortgage; "
(C) the Assignment of Leases and Rents;
(D) the Construction Loan Agreement,•
(E) the Guaranty. "
(2) 'an opinion of Counsel for the Borrower in scope and
substance satisfactory to Bond Counsel . as to the authority of
the Borrower to enter into the transaction and other related
matters;
(3) the opinion of Bond Counsel as to the validity and
tax exempt status of the Note;
(4), such other documents and opinions as Bond Counsel may
reasonably require for purposes of rendering its opinion
required in subsection (3) above or that the Lender may require .
for the closing.
Upon delivery of the Note, the Lender shall, on
behalf of the City, advance funds for payment of Project ' C
upon receipt of such supporting Costs -
Pp ort i ng documentation as the Lender may
deem reasonably necessary, including compliance with the
provisions of the Construction Loan Agreement. The Lender or
the Borrower shall provide the City -with a full accounting f
all-funds disbursed for Project Cost g
Costs, .
{
2 Registration of Transfer
The City will cause to be kept at the off ice P e of the
City Clerk a Note Register in which, subject to such reasonable
regulations as it may prescribe, the City shall provide for the
registration of transfers
rs of ownership of the Note . The Note _
shall be transferable upon the Note Register by the Lender in
person or by its agent duly authorized in writing, upon
surrender of the Note together with a written instrument of
transfer satisfactory to the City Clerk, duly executed b the
Lender or its -dui authorized Y
y h ri. zed agent . Upon such transfer the
City Clerk shall note the date of registration and the name and
address of the new Lender. in the Note Register and in the
registration blank appearing on the Note. -
2 -6. Mutilated, Lost .or Destroyed Note
In case any Note issued hereunder shall become
mutilated or be destroyed or lost, the City shall, ' if not then
prohibited by law, cause to be executed . and delivered, a new
Note of like outstanding principal amount, number and . tenor. in
exchange and substitution for and upon cancellation of such
mutilated Note, or in lieu of and in substitution for such Note
destroyed or Lost., upon the Lender's paying the reasonable
expenses and charges of the City in connection therewith, and
in the case of a Note destroyed or lost, the filing with the
City of evidence satisfactory to the City hat such Note e wa s
destroyed or lost, and furnishing - the City ith indemni
y
satisfactory to it. If the mutilated, destroyed or lost Note
has already matured or been called for redemption in accordance
with its terms it shall not be necessary to issue a new Note
prior to payment. ,
2-7. Owne rsh i of Note
-- ....�.
.The City may deem and treat the person in whose name
the Note is last registered in the Note Register and b
Y
notation -on the Note whether or not such Note shall • be overdue
as the absolute owner of such Note for the purpose of receiving
payment of or on account of the Principal Balance, redemption
price or interest and for all other purposes whatsoever, and -
the City shall not be ' a f f e cted by any notice to the contrar
• S
• . te
M
ARTICLE THREE
PREPAYMENT OF NOTE BEFORE MATURITY
3 -1. Prepayment
(1) In the event of- (a) damage to or destruction of the
Project or condemnation of the Project or any part thereof and
(b) if Borrower does not elect to restore the Project ursuant
to Section 2.04 0 l P
f the Mortgage, the Note shall be subject to
prepayment by the City from funds furnished by the Borrower at
the time, to the extent and in the manner set forth in Section
5.02 of the Loan Agreement.
(2) In the event that the Borrower receives notice from
the Lender that the interest on the Note is subject to federal
income taxation pursuant to a "Determination of 'Taxability" as
defined in Section 4.07 of the Loan Agreement, the Note- shall
be subject to prepayment in whole but not in part.
(3) The Note may be otherwise prepaid in accordance with
the provisions of the Note,
3 -2. Termination of Interest.
Upon deposit of . any prepayment together with any
required premium, with the Lender and the giving of any notice
required, the principal amounts prepaid shall, after such date,
cease to . bear interest.
17
9
ARTICLE FOUR
GENERAL COVENANTS
4 -1. Pay ment of Princi al and Interest.
The City covenants that it will promptly pay or cause
to be paid the principal of and interest on the Note at the
place, on the dates, from the source and in the manner provided -
herein and in the Note. The principal and interest are P y a able .
solely from and secured by revenues and proceeds derived from
the Loan Agreement, the Mortgage and the Assignment of Leases
and Rents, which revenues and proceeds are hereby specificall
pledged to the payment thereof in the manner and ' to the extent
specified in the Note, the Loan Agreement, the Mortgage and, the
Assignment of Leases and Rents; and nothing in the Note or in
this Resolution shall be considered as assigning, pledging or
otherwise encumbering any other funds or assets of the City.
4-2. Performance of and Authority for Covenants.
The City covenants that it will faithfully perform at
all times any and all covenants, undertakings, st•ipulationsr and
provisions contained in this Resolution, in the Note executed,
authenticated and delivered hereunder and in all proceedings of
the City Council pertaining ' thereto; that it is duly authorized
under the Constitution and laws of the State of Minnesota
including particularly and without limitation the Act, to issue
the Note 'authorized. hereby, pledge the revenues and assign the
Loan Agreement in the Manner and to the extent set forth in
this Resolution, the Note and the Loan Agreement and Assignment
of Loan Agreement; that all action on its part for the, issuance
of the Note and for the execution and delivery thereof has been
duly and effectively taken; and that the Note in the hands of
the Lender is* and will be a valid and enforceable obligation of
the City according to the terms thereof .
4-3o Enforcement and Performance of Covenaits •.
• ..w.r.�.- -- P r�.� .. r r.�r r�.�w r_�rr.rr�r....r. Mr r
The City agrees to enforce all covenants and
obligations of the Borrower under the Loan Agreement and
Construction Loan Agreement, and to peform all covenants and
other provisions pertaining to the City contained in the Note,
the Loan Agreemment and the Construction Loan Agreement.
r
'
1 8
J • _ - .. , .. ..••.n'. •..r.... .. r .. ... .. ... •+- r •fir M..a• w'4R^i v . .r r R'Mf..... • +M ..
4 -4. Nature of.Securit
Notwithstanding anything contained in the Note, the
Mortgage, the Assignment of Leases and Rents, the Loan
Agreement or any other document referred to in Sectin 2 -4 to
the contrary, under the provisions of the Act the Note may not
be payable f rom or be a charge upon any f unds of the City other
than the revenues and proceeds pledged to the payment thereof,
nor shall the City be subject to any liability thereon, nor
shall the Note otherwise contribute or give rise to a pecuniary
liability of the City or, to the extent permitted . by law, any
.of the City's of f icers, employees and agents. No holder, of the
Note shall ever have the right to compel any exercise of the
taxing power of the City to pay the Note or the interest
thereon, or to enforce payment thereof against any property of
the City; and the Note shall not constitute a charge, lien or
encumbrance, legal or equitable, upon any property of the City;
and the Note shall not constitute a debt of the City within the
meaning of any constitutional or statutory limitation, but
nothing in the Act impairs the rights of the Lender to enforce
the covenants made for the security thereof as provided in this
Resolution, the Loan Agreement, the Mortgage, the Assignment of
Leases and Rents, the Construction Loan Agreement and in the
Act, and by authority of the Act the City has made the
covenants and agreements herein for the benefit of the Lender;
provided that in any event, the agreement of the City to
perform or enforce the covenants and other provisions contained
in the Note, the Loan Agreement and the Construction Loan
Agreement shall be subject at all times to the availability of
revenues under the Loan Agreement sufficient to pay all costs
of such performance or the enforcement thereof, and the City
shall not be subject to any personal or pecuniary liability
thereon.
W
ARTICLE FIVE
MISCELLANEOUS
5 -1. Severabilii
If any provision of this Resolution shall be held or
deemed to be or shall, in fact, be inoperative or unenforceable
as applied in any particular case in any jurisdiction or
jurisdictions or in all jurisdictions or in all cases- because
it conflicts with any provisions of any constitution or statute
or rule or public policy, or ' for any other reason, such
circumstances shall not have the effect of rendering the
provision in question inoperative or unenforceable in any other
case or circumstance, or of rendering any other provision or '
provisions herein contained invalid, inoperative, or
unenforceable to any extent whatever. The invalidity of any
one or more phrases, sentences, clauses or paragraphs in this
Resolution contained shall not affect the remaining portions of
this Resolution or any part thereof. `
5 -2. Authentication of Transcript
The officers of the City are directed to furnish to
Bond Counsel - cert if ied copies of this Resolution and all
documents referred to herein, and affidavits or certificates as
to all other matters which are reasonably necessary to evidence
the validity of the Note. All such cent if ied ' copies,
certificates and affidavits, including any heretofore
furnished, shall constitute recitals of the City as to the
correctness of all statements contained therein.
5--3. Registration of Resolution
The City Clerk is authorized and directed to cause a
copy of this . Resolution to be filed with the County Auditor of
Ramsey County, and to obtain from said County Auditor a
ce rt i f icate that the Note as a bond of the City has been duly
entered upon his bond register.
5--4. Authorization to Execute Agreements*
The forms of the proposed Loan Agreement, the
Assignment of Loan Agreement and the Construction Loan
Agreement, are hereby approved in substantially the form
heretofore presented to the City Council; and the Mayor and the
Clerk of the City are authorized to execute the Loan Agreement,
the Assignment of Loan Agreement, and the Construction Loan
20
Agreement in the name of and on behalf of the City nd such
other documents as Bond Counsel
el consider appropriate in
s connection with the issuance of the Note. In the event
of the
absence or disability of the Mayor or the City lerk such
officers of the City in y
y as , the opinion of the City Attorney,
may act in their behalf, shall without further act or
authorization of the City Council do all things and execute
g all
instruments and documents required to be done or executed
by
such absent or disabled officers,
Adopted: October 2, 1980
Mayor of the City of Maplewood
Attest:
City Clerk
21
T
}
k
MEMORANDUM
TO: City Manager
FROM: Public works Coordinato
SUBJECT: FINAL PAYMENT - LIFT STATION NO. 7
REMODELING
DATE: September 23, 1980
The contractor has successfully completed the above noted
project
in accordance with the plans and specifications.
The original contract amount was $39,902.00. No change
orders or supplemental agreements were required, therefore, i..
final payment n the amount of the original contract is
recommended.
BC /mn
WILLIAM D. SCHOELL
CARLISLE MADSON
JACK T. VOSLER
JAMES R. ORR
HAROLD E. DAHLIN
LARRY L. HANSON
JACK E. GILL
RODNEY B. GORDON
THEODORE D. KEMNA
JOHN W. EMOND
KENNETH E. ADOLF
WILLIAM R. ENGELHARDT
BRUCE C. SUNDING
R. SCOTT HARRI
DENNIS W. SAARI
GERALD L. BACKMAN
OFFICES AT HURON, SOUTH DAKOTA AND DENTON, TEXAS
September 16, 1980
SCHOELL & MADSON, INC.
ENGINEERS AND SURVEYORS
(612) 938 -7601 • 50 NINTH AVENUE SOUTH • HOPKINS, MINNESOTA 55343
City of Maplewood
c/o Mr. Bill Cass
1380 Frost Avenue
Maplewood, Minnesota
Gentlemen:
55109
Subject: sift Station No. 7 Remodeling
Our File No. 10812
Enclosed is Estimate No. 1 (Final) for work completed on the
above named project.
The Contractor, F. F. Jedlicki., has completed all work and
a final inspection has been completed. Therefore, no monies have
been retained.
We recommend payment in the amount of $39,902,00 to F, F .
Jedlicki, Inc.
Very truly yours,
WREngelhardt:mkr
enclosure
SCHOELL & MADSON, INC.
cc: F . F, Jedlicki, Inc.
APPLICATION FOR PAYMENT
Estimate No. _ _...._ a.nt,i f inq.1.....__...._
CITY OF MAPLEWOOD
CITY IMPROVEMENT NO.
Contractor F F. Jedl i ck i , Inc. Contract Date June 5, - 980
Contract For Remodeling of Lift Station No. 7
Application. Date Sept. 9 1980 Application Amount $ 39, 902.00
For Period Ending -,fi b 19PQ
Use this Schedule for amount of Work performed to Date.
STATEMENT OF ACCOUNT
Original Contract Amount $ 3 9 , 9 0 2 0 0
Total Additions $ nn
Total Deductions $ 00 $ 00
Contract Amount to Date $ 39, 902.00
Total Amount of Work Performed to Date $ 39m902-00
Material Stored on Site but not incorporated in Work $ 00
Gr os s Amount Due $ 39, 902.00
Less 0 Retained $ on
Amount Due to Date $ 3c) .,9a p _ n n
Less Previous Payments $ 00
Le s re ym
This Payment Now Due S 39,202M_00
The undersigned Contractor hereby swears under penalty of perjury that
(1) all previous progress payments received from the CITY on account of work
performed under the contract referred to above have been applied by the under-
signed to discharge in full all obligations of the undersigned incurred in
connection with work covered by. prior Application for Payment under said
contract, being Applications for Pay=ment numbered 1 through inclusive;
1 am
a
a
•
cy
s
and (2) all materials and equipment incorporated in said Project or other-
wise listed in or covered by this Application for Payment are free and
clear of all liens, claims, security interests and encumbrances.
Dated September 19 _0
COUNTY OF RAMS EY
STATE OF MINNESOTA
F. F. Jedlicki Inc.
Contractor
B IL
y X
Name and Title
Before e on t is day of 9� personally
appeared e own �o me, Who being duly sworn,
did depose and say that qe is the iLl o.L�� � __ __ of the
(office)
Contractor above mentioned; that he executed the above Application for
Payment and statement on behalf of said Contractor; and that all of the
statements contained therein are true, correct and complete.
< PAULINE C. NORMAN
NOTARY PUBLIC - MINNESOTA
r t HENN:EP;N COUNTY
2 `�+ M� CommIssi1W txp�re, Apr. .13 1983
My commission expires:
i
Notary Public
am 2 -
i
MEMORANDUM
TO: CITY MANAGER
FROM: DIRECTOR OF PUBLIC WORKS
DATE: SEPTEMBER 25 1980
SUBJECT: NO- PARKING ZONE - FROST AVENUE CONNECTION
Approval of a "No- Parking" zone along the east side of the
Frost Avenue Connection is recommended. No parking on one
side of the street is necessary to make the 36 foot wide
roadway State Aid eligible.
3,
Ramsey County
DEPARTMENT OF PUBLIC WORKS
3377 North Rice Street
Saint Paul, Minnesota 55112
(612) 484 -9104
September 1"- ) 3, 1980
Mr. Bill Bittner
Director of Public Works
City of Maplewood
1902 East County Road B
Maplewood, Minnesota 55109
S.A.P. 62 -662- 03
Frost Avenue Connection
Divisions of:
Engineering
Maintenance
Mobile Equipment
_ Environmental Services
As you know, Ramsey County i s i n the final approval process of the above
. PP p ove
referenced project.
The proposed typical section provides for a. 36 foot roadway width which
is below minimum State Aid standards. In order to receive state approval,
it is necessary the parking be prohibited on at least one side of the
roadway,
County Board policy requires municipal action in these matters P ri or to
consideration by the Board. The enclosed resolution should be used as a
guide in aiding you to obtain the necessary City action.
The prohibition of parking on this project will be required prior to an
approval p y
State Aid pp oval of the plans. . Therefore, i t i s imperative ve this action
i
proceed n a tamely manner.
I am looking forward to your early response.
e ul kwol d, P. E.
Traffic &Planning Engineer
PK/clm
Enclosure
0000@
6
Pursuant to due call and notice thereof, a regular meeting of the City Council of the City
of Maplewood, Minnesota, was duly called and held in the Council Chambers in said City on
the of , 1980, at
The following members were present:
Mayor
Councilman
Councilman
The following members were absent:
Councilman
Councilman
introduced the following resolution and moved its adoption:
WHEREAS, the County has planned the improvement of Frost Avenue Connection from East
Shore Drive to Frost Avenue. `
WHEREAS, the County will be expending County State Aid funds on the improvement of
said street, and
WHEREAS, said improvement does not conform to the approved minimum standards as pre-
viously adopted for such County State Aid streets and that approval of the proposed con-
struction as a County State Aid street project must, therefore, be conditioned upon certain
parking restrictions, and
WHEREAS, the extent of these restrictions that would be a necessary prerequisite to
the approval of this construction as 'a County State Aid project in the City, has been de-
termined.
NOW, THEREFORE, IT IS HEREBY RESOLVED, that the City requests the County to restrict
the parking of motor vehicles on. the side (s) of Frost Avenue Connec-
tion from East Shore Drive to Frost Avenue at all times,
Seconded by
STATE OF MINNESOTA )
COUNTY OF RAMSEY ) SS.
CITY OF MAPLEWOOD )
Ay es - .
I, the undersigned, being the duly qualified and appointed Clerk of the City of
Maplewood, Minnesota, do hereby certify that I have carefully compared the attached and
foregoing extract of minutes of a regular meeting of the City of Maplewood, held on the
with the original on f i l e in my office, and the same
is a full, and complete transcript therefrom insofar as the same relates to the planned
improvement of Frost Avenue Connection.
Wi tness my hand as such Clerk and the corporate seal of the City this
Ci ty Cl erk
City of Maplewood
i
4
iV' 1 1
MEMORANDUM
T0: City Manager
FROM: Assistant City Engineer
DATE: September 25, 1980
SUBJECT: FINAL PAYMENT - PROJECT 75 - 6
The Larpenteur /Howard Storm Sewer Project is complete and
final payment has been requested by the contractor. The
final construction cost is $53,649.00. This is approximately
190 over the bid price of $45,000, however, the final cost
is well under the engineer's estimated construction cost
of $58,000.
Some extra work was required to satisfactorily compute the
project that was not called for in the original contract.
Supplemental Agreement No. 1 outlines this work and is
recommended for approval. These items account for approximately
one -half of the extra cast. The remaining cost over the bid
price is a result of using more paving materials than planned
and removing additional trees.
Staff recommends approval of Supplemental Agreement No. 1
and approval of final payment to C & H Contracting, Inc.,
in the amount of $12,765.78.
y ��
a
1
APPLICATION FOR PAYMENT
Estimate No Fi nal
CITY of MAPLEWOOD
City Improvement No. 75-6 Contract Date May 2 8, 1980
Contract for S torm Sewer .Howard & Lar enteur
Application Date Sept, 2 A lication Amount 12
rr $ ,765.
For Period Ending Sept, 5 1980
.. __
Use this schedule for amount of work performed to date.
STATEMENT OF ACCOUNT
Original Contract Amount
Total Additions
Total Deductions
Contract Amount to Date
Total Amount of Work Performed to Date
Material Stored on Site but not
Incorporated -in Work
Gross Amount Due
Less X Retained
Amount Due to Date
Less Due Previous Payments
Due this Application
$ 4 0
$2 0
$ 47,436.00
$ _53.649.00
.__
$
$ 53.649.00
$ -0-
$ 3 , 649. oo
$ 40,88 .22
$ 12
The undersigned Contractor hereby swears under penalty of perjury • that
progress S pay a d from the City
C1) all previous pro a ents receiv y on account of work
performed under the contract referred to above have been a lied b the
n full all
undersigned to discharge obligations pp Y
8 igations of the undersigned incurred
in connection with work covered by prior application for a ent under p Ym n er said
Contract, being Applications for Payment number 1 through inclusive:
and (2) all materials and eq g • `
incorporated in said Project or otherwise
listed in or covered by this Application for Payment are free and clear rofall
liens, claims, security interests and encumbrances.
Date: Sept . � , 198_ 0___ C & H Contracting, Inc .
Contractor
B — -1
Y A::C
Name and Title M Moo
If I
SP -14
.
Approximate
Unit
Item No.
Item
Unit
quantity
Price
Extension
21010502
Clearing
Tree
30ea,
$1 .00
x,3750.00
2503.511
12" RCP, 0 -8• . C22�
L.F.
630 if
$ 1 �*Oq �
$ 9
2503.511
12" RCP. 8-40 . CL 3
'L.F.
-0-
$
$ -0 '
2503.511
15 RCP 0.89
L.F.
180 if
$•16.10
¢_I.8998•
25039511
15 " RCP 8 -10 • 9 CL 3
L .F.
-o-
-o-
25039511
15 " RCP 10 - 12• ; CL 3
L .F.
o-
=_.$ 16. o
$ -o-
2503 .511
16" C�MP, 0 -8'
L.F.
110 if
2090.00
25069508
NII{, Design F. 0 -8
Ea.
4 ea
$$00.00
� 3200.00
2506.506
MIi. Design F, extra
L.F.
-0-
100.00
$ '
depth
-
2506.509
CB, Design G
Ea.
5 ea
$6._90.00
$ 340.00
25069509
CB, Design H
Ea
ea
$2L 0 � OO
$ 35 * 00
2105.501
Common Excavation
C.Y.
480 cy
$ 6. 5
$ 3120,00
2575.505
Sodding
S.Y.
2080 sy
$ 0
$ 3120.00
Spec, Prove
Pavement Patch
S.Y.
636.5 sy
$ 5.00
$ 318
Item # 1
Sand Fill
C•Y.•
290 cy
t �
� 1 0 - __
Item # 2
1 1/2 Crushed Rock
Ton
45_ T
$
$ 405.00
Tem # 3
Adj. San. & St. Sewer
Lump Sum
Lump Sum
$ L-6 0
7
$ 726.00
Item # 4
Manhole Casting
Ea..
1 ea.
s
$18 .00
ig5 .00
Item # 5
Adj, Catch Basin
Lump Sum
Lump Sum
$ .00
$ 0 .0
Item # 6
Diking
Lump Sum
Lump SuTI
$315000
$ 31 0 00 .
TOTAL
$JJ LL42 - e00
CITY OF MAPLEWOOD
SUPPLEMENTAL AGREEMENT #1
CONTRACTOR:
JOB LOCATION:
C & H Contracting, Inc.
15536 Cleveland Street
Elk River, Minnesota 55330
Howard and Larpenteur Streets
This contract is hereby amended as follows:
CITY PROJECT: 75 -6
ITEM # 1
During construction unsuitable and unusable materials
were discovered in Howard Street
Sand Fill 290 CY $4925/CY $1
1 1/2 Crushed Rock 45 Ton $9.00 /Ton $ 405.00
ITEM #2
During construction Northern States Power Company,
cables were found to be in conflict with our system.
Design changes were made.
Adjust Sanitary Sewer and Storm Sewer
Lump Sum $ 726.00
Manhole Casting 1 $185.00 /ea. $ 185.00
Adjust Catch Basin Lump Sum $ 75.00
ITEM # 3
In order to save several large oak trees in the
p
onding area they were protected by an earthen dike.
Diking Lump Sum $ 315.00
Total additional cost this Supplemental
Agreement $2,938.50
R
ACCEPTED BY:
ISSUED BY:
BY
TITLE TITLE:
DATE: _ - C_� DATE:
RECOMMENDED FOR APPROVAL:
BY: William L. Bittner
TITLE: Director of Public Works
DATE: September 25, 1980
APPROVED BY CITY COUNCIL:
ON
RESOLUTION NO:
19
MEMORANDUM
TO: City Manager
FROM: Assistant City Engineer
DATE . p
• September 25, 1980
SUBJECT: FINAL PAYMENT - PROJECT 80-11
The Street Resurfacing Program for this year is complete.
for Hardrives, Inc., has requested final payment
The contras ,
in the amount of $56,051.880
Staff recommends the city Council approve final payment to
Hardrives, Inc.
A
APPLICATION FOR PAYMENT
Estimate No. 1st & F i n a l
CITY OF MAPLEWOOD
City' Improvement No. 80 -11
Contractor Hardrives , Inc.
Contract Date August &, 19 80
Contract for Bituminous Resurfacin
Application Date 9/15/80 Application Amount 56.s051.88
For Period Endin 8/31/80 Per Cent Complete 100%
Use this schedule for amount of work performed to date.
STATEMENT OF ACCOUNT
Original Contract Amount
Total Additions $ - 0-
Total Deductions $ - 0 -
Contract Amount to Date
Total Amount of Work Performed to Date $
56,051 .88
Materi al Stored on Site but not Incorporated in Work
Gross Amount Due
Less % Retained
Amount Due to Date
Less Due Previous Payments
Due This Application
$ $51,600
s
$51,600
$ -0
$ 56,051.88
$ -0-
$ 56,051.88
$ . 0-
$ 56 ,
The undersigned Contractor hereby swears under penalty of perjury that (1) all
previous progress payments received from the CITY on account of work performed
under the contract referred to above have been applied by the undersigned to dis-
charge in full all obligations of the undersigned incurred in connection .with work
covered by prior Application for, Payment under said contract, being Applications for
Payment. numbered 1 through cl u s i ve and (2)-all materials and equipment i ncor-
porated in said project or othe i i se listed in or covered by this Application for .
Payment are free and clear of all liens, claims, security interests and encumbrances.
Dated September 15, 1980 i HARDR 1 VES INC.
' n tra
gy Donald L. R i now s k i- Division Ma n a e r
Name and Title .
ESTIMATE NO. 1 st & F i na )
ITEM
Bituminous Mixture
CONTRACT QUANTITY UNIT
QUANTITY TODATE COST TOTAL
3 3 $17. 20 $ 56,051 .88
Ton
TOTAL TODATE
$ 56 .88
R
9
i
1
VIKING DRIVE Keller Lake
WIDE
JE
WIDE N,
IOSELAWN AVE
�7
f"b �8' 'W
'XI Go
AVE
.__--
. -
—
~
o°~=� AV
CASTLE
*
wr
~—_
���,�
29 W IDE WIDE WIDE
R ^.~�
uj
COUNTY PD ^
f
U �
�
C)
26 WIDE
LAJ
5:11 4p
r -
uj
�
Lu -
,RYAN .
��"osowoOo^m
/A�
� /
�=��===��===`��_=_~~=�`
z
===
�1
MEMORANDUM
- -TO: City Manager
= FROM: Director of Public Works
DATE: September 25, 1980
SUBJECT: CONSTRUCTION AGREEMENT — FROST AVENUE
CONNECTION — PROJECT 78 -9
On July 31, 1980 the Council approved the final plans and a
Construction agreement with Ramsey County for the above project.
As recommended by the staff, the Council amended the proposed
agreement by deleting reference to the City's responsibility to
maintain the proposed detached bike path along the east side of
the roadway.
As indicated in the attached correspondence, the County has
taken the position that the pathway is a city function. It will
be deleted from, the plans unless the City agrees to take over
ownership of the facility.
The pathway will provide a connection to the Keller Regional
Park System and is consistent with the pathway plans of both
Maplewood and Ramsey County. This section is particularly im-
portant as it detours cyclists around the Frost Avenue, T.H. 61
intersection.
Attached is a revised agreement. The language has been changed
to clearly indicate that the City will have complete control of
the facility once construction is completed by the county. The
City has control over the level of maintenance, if any, and the
authority to abandon the facility in the future.
r
Approval of the agreement is recommended.
A on �,� Ce cila
a. L, e
Ramsey County
DEPARTMENT OF PUBLIC WORKS
3377 North Rice Street
Saint Paul, Minnesota 55112
(612) 484 -9104
- September 24, 1980
Mr. William L. B i ttner
Director of Public Works
City of Maplewood
1902 East County Road B
Maplewood, Minnesota 55109
PROJECT NO.
FOLDER NO. ( O
INITIALS
Divisions of:
Engineering
Maintenance
-- Mobile Equipment
Environmental Services
Frost Avenue between Parkway Avenue and Walter Street, SAP 62- 628 -02
Frost Avenue Connection between Frost Avenue and East Shore Drive,
SAP 62- 662 -03
Lake Phal en Restoration Project, EPA S- 804690020 (Keller Lake Overflow
Diversion and Treatment System)
Keller Regional Park Development Project 79152 -1
City of -Mapl ewood, . Water Main Project 78 -9
Accompanying is the original of the agreement between the City and
County on this project. This agreement has been revised in accordance
with your letter of July 7, 1980, and subsequent telephone conversa-
tions.
Please have this agreement approved by the City and return the original.
After County Board approval an executed copy will be returned for your
files.
Wayne Leonard, P.E.
Coordinating Engineer
WRL /clm
Enclosure
O
PROJECT No 78-9
Ramsey County
DEPARTMENT OF PUBLIC WORKS
167 Courthouse
St. Paul, Minnesota 55102
(61-2) 298 -4121
FOLDER NO. 1�_
INITIALS
September 4, 1980
Mr. William L. Bi ttner
Director of Public Works
City of Maplewood
1902 East County Road B
Maplewood, Minnesota 55109
Frost Avenue Proposed Pathway
KENNETH E. WELTZIN
Director
and
County Engineer
PHYLLIS F. SPECKER
Administrative Assistant
R ECEIVED
SEP 0 5 1980
z Y 0a
ENI G
Ramsey County i' s willing to construct the proposed pathway as a part
of this project at no cost to Maplewood. This pathway w i l l be financed
with Ramsey County funds, not County State Aid Highway funds, because
pathway construction is not an eligible consi deration under the County
State Aid Highway Rules and Regulations. However, pathways and walks
are eligible for construction using muni cipal state aid highway funds.
Other cities have constructed concrete walks and pathways on county
road rights of way with municipal state aid funds.
Because detached pathways or s are not eligible for County State
Aid Highway funding, Ramsey County does not maintain them even if they
are constructed on county road rights of way. ' If Maplewood is u n w i l l i n g
to-maintain these proposed pathways, they wi i 1 ' have to be eliminated
from the plans.
I am requesting that the Maplewood Council reconsider the action taken
on the proposed agreement; otherwise, we must revise the plans and
specifications before advertising for bids.
enneth E. Weltzin, .E.
Director and County Engineer
kew:m
O
PROTECT NO- 1_�
ft
CITY OF SOLDER NO.�
MAP L-4 01D
!:5;-*,
1902 EAST COUNTY ROAD B MAPLEWOOD, MINNESOTA 55109
■
DEPARTMENT OF PUBLIC WORKS 770 -4550
September 2, 1980
Mr. Kenneth E. Wetzin, Director
Ramsey County Department of Public Works
167 Courthouse
St. Paul, Minnesota 55102
. RE: Frost Avenue between Parkway Avenue and
Walter Street, SAP 62- 628 -02
Frost Avenue connection between Frost
Avenue and East Shore Drive, SAP 62- 662 -03
Lake Phalen Restoration Project, EPA
S- 804690020 (Keller Lake overflow Diversion
and Treatment System)
Keller Regional Park Development Project
79152 -1
City of Maplewood, Watermain Project 78 - \
Dear Mr. Wetzin:
The Maplewood City Council has approved the plans for the.
above referenced project and an amended construction agre
ement as referenced in your correspondence dated August 6,
1980. The approval anticipated the construction of a bike
path along the "Frost Avenue Connection ". City officials
have for sometime indicated the need for this pathway.
The issue of maintenance has arisen since the plans were
submitted to the City showing a detached bike path. Prior
to this time, it was.my understanding the County Public
Works Department favored an attached path. The Maplewood
Engineering Department recommends such .
I suggest consideration be given to inclusion of an attached
bikeway along the "Frost Avenue Connection ".
Sincerely,
William L. Bittner
Director of Public Works
wr.B /mn
Ramsey County
DEPARTMENT OF PUBLIC WORKS
167 Courthouse
St. Paul, Minnesota 55102
(612) 298 -4127
PROJECT 1140. 26,02
FOLDER NO.
INITIALS - zle_�
KENNETH E. WELTZIN
Director
and
County Engineer
PHYLLIS F. SPECKER
1
Administrative Assistant
RECE[VED
_August 6, 1980
Mr. Bill Bittner
Director of Public Works
City of Maplewood
a 1902 E. County Road B
Maplewood, Minnesota 55109
Proposed Projects
Keller Regional Park
Frost Avenue, etc.
AUG o 7 1980
QITY OF [v`,APLEW00D
ENGINEERING QFFiCk
Y
Concerning proposed changes in the agreement for this project, we
note paragraph 5, sub - paragraph . d , you have deleted "upon completion
of the project the City shall own and maintain the new detached
. bituminous paths provided on these two projects." The preceding
sentence indicates the County will pay for the construction of the
pathways. This proposal was based on the assumption that after
completion, the detached paths would be owned and maintained by the
City of Maplewood.
We have discussed these pathways with the Parks and Recreation staff
and they believe their pathway system can function properly without
these paths. Because Ramsey County does not have funds to maintain
detached bi kepaths , I believe it is in the best interests of all
parties if the pathways are eliminated from consideration as a part
of this project.
Ke eth E, eltzin, P.E.
Di ector and County Engineer
pfs:m .
CO
CITY OF
1 �PLEV�V/
PROJECT NO.--75'.
FOLDER P10. _....�
1 11TlALS___._J�c�
01
1902 EAST COUNTY ROAD B MAPLEWOO D, MINNESOTA 55109
DEPARTMENT OF PUBLIC WORKS 770 - 4550
July 7, 19 80
Mr. Wayne R. Leonard, P . E .
Coordinating Engineer
Ramsey County Department of Public Works
3377 North Rice Street
St. Paul, Minnesota 55112
RE: FROST AVENUE BETWEEN PARKWAY AVENUE AND
WALTER STREET, SAP 62- 6 -02
FROST AVENUE CONNECTION BETWEEN FROST
AVENUE AND EAST SHORE DRIVE SAP 62- 662 -03
LAKE PHALEN RESTORATION PROJECT, EPA S-8046900-20
(Keller Lake Overflow Diversion and Treatment
System)
KELLER REGIONAL PARK DEVELOPMENT PROJECT 79152
CITY OF MAPLEWOOD, WATERMAIN PROJECT 78 -9
Dear Mr. Leonard:
The Maplewood City Council has approved the plans for the
above referenced project and approved an amended construction
agreement. Changes to the agreement are indicated on the
attached draft.
If you have any questions, please contact me.
Sincerely,
William L. Bittner
Director of Public Works
attach.
WLB /mn
MEMORANDUM
TO: City. Manager
FROM: Director of Public Works
DATE: June 26 1980
SUBJECT: FINAL PLAN, FORST AVENUE CONNECTION
PROJECT 78-9
Ramsey County has submitted the final plans for their portion
of the above prof ect, and a draft agreement covering con-
struction costs. The county project will include the following:
1. Construction of the Frost Avenue connection
(street, curb and gutter and storm sewer)
between East Shore Drive and Frost Avenue..
Project includes construction of cul -de -sac
on East Shore Drive and the closing of Parkway
Avenue from East Shore Drive to T.H. 61
2. Construction of watermain on the Frost Avenue
connection to complement facilities being con-
structed by the City on Frost Avenue and East
Shore Drive.
3. Improvements to the Keller Regional Park
including reconstruction of the driveway and
parking area east of T.H. 61 .
40 Construction of portions of an overflow
diversion and treatment system as part of
the Phalen Lake restoration effort.
The ro osed agreement, is in accord with the cost anticipated
P P
by the City. Staff has made some changes as indicated on the
draft agreement.
Approval of the final plans and approval of the agreement as
amended is recommended.
WLB /mn
Action by Council :i
Endorses .k�
Modifi
Rejecte
Dated /3 g
l�eVised d
I r M C n 400
TKCS AG , by and between the City of Maplewood, Minnesota, a municipal
corporation, hereinafter referred to as the t 'City", and the County of Ramsey, a
political subdivision of the State of Minnesota, hereinafter referred to as the
' ounty"
WITNESSETH :
Parkway Drive from Keller Canal to Frost Avenue, Frost Avenue from
Parkway Drive to Walter Street, Frost Avenue Connection from East Shore Drive to
Frost Avenue, East Shore Drive from Frost Avenue Connection to Keller Parkway,
Keller Parkway from East Shore Drive to Trunk Highway 61, Frost Avenue from Keller
Parkway to Parkway Drive, and Keller Park from Lake Fhalen to Trunk Highway 61,
are wholly within the City; and
WBER EAS,, Parkway Drive from Keller Canal to Frost Avenue is a County State
Aid Highway (CSAH 27), Frost Avenue from Parkway Drive to Walter Street is a
County State Aid Highway (CSAH 28 ), and Frost Avenue Connection from East Shore
Drive to Frost Avenue is a County State Aid Highway (CSAH 62); and
WBEREAS, East Shore Drive from Frost Avenue Connection to Keller Parkway
was a County State Aid Highway (CSAH 62) and has been reclassified under previous
agreements to a county road (CR 113); and
WBEREAS , Keller Parkway from East Shore Drive to Trunk Highway 61 was a
County State Aid Highway (CSAH 22), Frost Avenue from Keller Parkway to Parkway
Drive was a county road (CR 118); and
14HEREAS, under terms of projects approved by this agreement, Keller Parkway
from East Shore Drive to Trunk Highway 61 and Frost Avenue from Keller Parkway to
Parkway Drive will be obliterated, cease to exist as public roadways and shall
become a portion of Keller Park; and
WHEREAS Keller Park between East Shore Drive and Trunk Highway 61 is a
county park; and
2•
Diversion is apart of the program to
the, Keller Lake Overflow
improve navigable lakes in Ramsey County; and
Ci y t desire to construct Frost Avenue Connection,
the County and the .
Keller - Parkwa
to y from East Shore
rebuild Parkway Drive and Frost Avenue, oblitera _
Y
_ Avenue from Keller Parkway to Parkway Drive,
Drive to Trunk Highway 61 and Frost
i - rove Keller Park and Lake. Phalen, and construct water mains and appurtenances;
and
the County and City ha ve prepared Preliminary Reports, held Informa-
tiona,l and Public Hearings all for uP�' p
the ailing and/or obliteration of these
various facilities; and •
• her things ermanent right of
W�REAS ,
the s e improvements include , among of ng ., P
sanitary s ewer and services, water main
way, construction easements, storm se wer ,
and services, concrete curb and gutter, bit walks., landscaping, grading,
base and bituminous pavement , clearing and grubbing., turf establishments; and
• been designated nated as S .A .P . 62- 628 -02, the re-
these pr o� a ct s ,have g
• to Frost Avenue, Frost Avenue from
construction of Parkway Drive from Keller Canal
Parkwa y Drive to Walter Street, and obliteration of Frost Avenue from Keller Park -
way
-662- 0 the construction of Frost Avenue Connection
to Parkway Drive; S .A .p . 62
from East Shore Drive to F rost Aven ue reconstruction of East Shore Drive from
,
. Frost Avenue Connection to Keller Parkway, and obliteration of Keller Parkway
• • E P.A. S- 80+690020, Fake Phalen Restora-
from East
Shore Drive to Trunk
Highway 61, •
.
'on Project - Keller Lake Overflow .Diversion an d Treatment System; Project 79152 -1
t� �
e Keller Regional Park D eve lopment ;
Ramsey County parks and open Space Department K g
.
an Project ect 78 -9, City of Maplewood Water Main on Frost Avenue, Frost Avenue
Connection and East Shore Drive.
IOW , TH&REFORE, IT
IS MUTUALLY AGREED AS FOLLOWS:
lens s ecif ications , prorposals ,
J.
The County shall prepare the necessary p , P
s
3
take bids
ul,ate bids and with concurrence of the City, shall award a contract
, tab
for the constru construction of this project, S .A.P. 62- 628 -02, S.A.P. 62- 662 -03, E.P.A,
S-804690020, Pro 152 -1 i.ri conformance with plans hereafter approved, and
Project 79
portions of Project 78 - 9, the County • shall perform the construction inspection.
acquire additional permanent right of
ac
_ 2. The County and City shall jointly q
way and temp orar y easements required for the construction of these projects in
accordance
with the plans and specifications. The County shall pay for all
additional rights way t those additional rights of way required for City
y exce P
of Maplewood watermazn
construction. The City shall pay for additional rights
of way required for City of Maplewood watermain construction.
3 The County d its cooperating agencies shall pay one hundred percent
. P
(100%) of the cost of the
Lake Phalen Restoration Project, E.P.A. S- 80+6900020,
Development Pro •
and Keller Regional Park op Project 79152 -1. All works constructed on
these two projects shall be the property of the County and all maintenance and
operation of the works constructed on these two projects sha31 be the responsi-
bility of the County.
4. The City pay shall a one hundred percent (10o%) of the cost of the City of
Maplewood Project 78-9. All
works constructed on this project shall be the
property of the City
and all maintenance and operation of the works constructed
on this P roject shall be the responsibility of the City.
5. On projects S .A.P. 62- 628 -o2 and 'S .A,P. 62-662-03:
a. Y
The Cit shall pay to the County twenty and four hundredths per-
cent (20.04°x) of the cost of the storm sewer on these two projects.
b. Upon completion of these two projects the County sfla]1 own and
maintain the storm sewer catch basins and leads and the City shall own
and maintain the storm sewer trunk lines.
C. the City sh pay to the County eleven and sixty -four hundredths
all
a
Y
i
s"
percent (11.64%) of the cost of the B624 concrete curb and gutter on these
two projects.
d. New detached bituminous paths provided on these twcr projects shall
be paid for by the County. Upon completion of the pro jects P the County s
financial responsibility for the new detached bituminous paths shall
terminate, and said paths shall be owned by the City.
e. Any City utilities or facilities modified or added to those pro-
visions presently made in the plans and specifications for these two
projects may be incorporated in the construction contract by supplemental
agreement and shall be paid one hundred percent (100%) by the City.
6. All improvements requested by the City which are not included in the
plans and specifications for these projects may be added to the construction
contract by supplemental agreement and shall be paid for as provided in the
supplemental agreement.
7. The City shall pay ninety percent (90%) of its share of the cost of
these projects to the Treasurer of Ramsey County, Minnesota, prior to the award
of the contract but after all bids have been received, and the contractor shall
then be paid by the County. All monies paid by the City and not expended on the
projects will be refunded within a reasonable time, not to exceed two (2) years
from deposit.
8. The City shall pay to the County all additional remaining costs for its
share of the work upon notification by the County of the final amounts paid to
the contractor for those items of work.
9. Preliminary plans reviewed at the public hearing and final plans and
specifications are hereby in all things approved.
IN WITNESS WHEREOF, the parties hereto have caused this agreement to be
�5
executed.
CITY OF MAPIEWOOD, NiIM ESOTA
By
Its
By
Its
Date:
THE COUNTY OF RAMSEY
By
Chairman
Board of County Commissioners
Attest:
Chief Clerk - County Board
Date:
Approved as to Form:
9 �i
As istant County Attorney
MEMO R A N D Ll �4
T0: Ci Manager
FROM• ,, Di •
' rector of ty Development
.
SUBJECT: Street Vacation
' • Lark Avenue and Kennard Street
LOCATION:
APPLICANT: Reuben and Melinda Ristrom
LATE: September 8, 1980
Act t, i o -.1
xf
R eques t
between Kennard Street and Germain n Street , and vacation of
Va of Lark Avenues
ark Avenue.
eet
Kennard Str , between Cope Avenue and L
Site Descri ti on
• 10 .
Both rights-of-way are undeveloped and EO feet in width. p
1. 9
• dri to the Ri strom' s house-
2. The Lark Street-right-of-way i s used as a Y
Surroundina Land Uses
rl lot has a s ingle dwel 1 i ng
f Kennard Street. The southerly .
There are two lots east o d fanned for commercial use.
1 l ot is vacant and zoned an p
house. The northerly
2. The property west of Kennard i Street s owned by the Applicant. It is .proposed
and
zoned for townhouse development.
• condemnation b the City for a park.
3. The property south of
Lark Avenue i s under condemnat Y
Past Actions
' on of Kennard Street,
• feasibility 1 i t s
2- 15 -73: Council ordered a feas� y study for the construct
Avenue.
between Lark Avenue and Cope
• hearing '�bl e and a 9 was set for June 7*
5 -3 -73: The Kennard Street project was found feas
• 'did d not order the project.
6 -7 -73 . Council rd
Lark and west of Kenna
Rezoning to R- 3C north of Lar
7-31-80:
Le al
Council may not vacate a street,
' State Statutes states that Y
Secti_s�n 412.851 of Minnesota
• in the interest of the public
to do so" .
unless �t appears
Public Works
•
anitar . sewer line in Lark Ave nue and Kennard Street.
1. Thereisas Y
Lake on the we
one - fourth of
2. There is a ponding eas ement for Knucklehead a ma
enclosed property line P) •
Lark Avenue. (See encl p p
Parks
• to the vacation of Lark Avenue, since
nt of Commu Services � s opposed - e artment
The Departure et park no�rr under condemnation. The D p
this i s lanned as part of the Cope Stre - 1 aned as an access
p Street vacation on the basis that i t i s p
opposed to the Kennard St �.
is opp .
to the park.
Public Saf
The Public Safety Department needs Kennard Street for access to this area from Cope
Avenue to avoid a delay in service.
Citizen Comments
the Ri strom and the Haags . The Haags
etition for the vacation was signed
own the house at the northeast by t-
A p corner of Lark Avenue and Kennard Street.
owner to the south of Lark Avenue,
John Kav an aug , objects to both
The property
e
vacations and made the following comment
. it will severely restrict dedicated
"Vacation of Lark i s Opposed, because North St.
1 Q of Smith & Taylors Addition to No
access to Blocks 8, 9 , and v be abandoned by
i s under condemnation , but this ma�
Paul. This property i s e ual l important as a collector
p
Ma lewood. Kennard from Cope to Lark e
street for vehicular access".
Analysis
• streets. If the City purchases
mature to vacate ei ther of the above str s Ken
If the Cop es
It would be pre ld be used as part of the park and
Co e Avenue Park site., Lark Avenue shou e Avenue Park
the P access to the park site.
Street should be constructed as an the potential private
• both streets may be needed to handle p
site is not purchased,
development.
Recommendati on
Denial of both street vacations , won the_ basis that:
- be i n the ubl i c interest
1.
The vacati on s have not been shown to p
Avenue ark site or private develop-
s may p
2. Both street y be needed. for the proposed Cope
ment
Enclosures
1. Location Map
2. Property Line Map
2
s � �
K O H L MAN AVE E
couNix h ROAo
i
J
a
E
GERVAIS
36
• _ � co.�sr.
N
H OF
LARK AVE.
25 J
R
7 ` O, Q
LELAN
Y
o JUN TION E E.
U RKE
lY pN W
� t
II �
tj
E.
V
J
W
U)
. or
W �
� � w
N a
W KOHLMAN AVE.
Ir
C
„ 23 �:
V = DEMONT
4
ROOK AVE x E
a[
W
t 0
m
SEXT
�
G 6 ANDVIEW I AV
I VIKING I DR
SHERRE AVE
AVE.
vi LARK AVE
LAURIE RD.
t l q z ,�� (HUR sTl
N
ELDRIDG AVE. a
J
E L MON T AVE. W
N
t �
H
N
z
Q
N
H
E DGEHILL 8D.
J
a
65
AV E.w w
~ 7 1-
� S
AVE. 11th AVE.
VAI AV
�.�..
36
CnsTLE pv�, t�
C
S ER EN AVE.
COPE AVE.
Q H Z
211LAURIE R
AVE
8U KE
Y J Cr ..�
W
65 Z N
64 a i C2!
A
M API..E W8
W PUB WORKS R .
> BLDG. B :�
VE U SKill#1A N m AVE. MAR RIS Soo
w 6V
W Q� ROS WOOD AVE. t ' i
° !RYA RY A
n R R. �
;4 28 FROST v
IL
t
F N AVE.
J N
t
g
AN < Q FRISSIE AVE.
. L 49 1--
3 11tPLEY AVE.
Q
PH IA ASE
2 F-
/e n -D Z o
J
s2 W
A EJP LE NT
F]Pn
o 29
�`' 28 Wt _
0 �z AVE y
W 5
>
SU R �
CK W m 5
0 2
Wakefield RIPLEY
o h 9INGST AVE
Loke s = 29
90P Ift z 3 Z J PRICE zAVE
PRI of > <
AV
IFIF, -IFIF] ,-
� 65
ST. PAUL
PETITIONER .Reuben &Melinda Ristrom
REQUEST Street Vacation
Location Map
Q
a
, 0-r
r.ilri ,_ X111. �y � a��.- -- _ �,»►. _ �-- _.T1^ -'"" -_� \ � T .:�•• , �
1p
L-
A151
--jr-
1-7
t7 SEPT /97S
-
0
SANDHURI'ST AVE
L r�A
Oft 1�l
71 de
fv.
00
OUNTY-7R
M
m
PETITIONER Reuben & Melinda Ristrol
REQUEST -- Street Vacation
Propert Line Map
Pondi n Easement
i
NOTICE OF PUBLIC HEARING `
STREET VACATION _
Notice is hereby given, that the Maplewood City Council at
its meeting of Thursday, ,October 2, 1980 at 7:30 P.M. i n the
Cou-ncil Chambers of the Maplewood Municipal Building located at
1380 Frost Avenue, Maplewood, Minnesota will consider and publicly
hear remarks regarding a proposal to vacate Kennard Street
between Cope Avenue and Lark Avenue and Lark Avenue between
Kennard and Germain
ANY PERSONS HAVING INTEREST IN THIS MATTER
ARE INVITED TO ATTEND AND BE HEARD
C. Street Vacations - Lark Avenue and Kennard Street (Ristrom)
` Associate Planner Johnson said the applicant is requesting vacation
of Lark Avenue between Kennard Street and Germain Street, and vacation
of Kennard Street, between Cope Avenue and Lark Avenue. Staff is
recommending denial of the request.
w
Chairman Axdahl asked if there was anyone present who wished to
comment on the proposal
Craig h aemert, Hugo, s'ai d the reason they are asking for the
- g - - prop vacation of Kennard is because there i s additional onal p p y needed for
the drainage pond, thus additional property w i l l be required to construct
the townhouses they are proposing.
Commissioner Kishel asked if the developer had, in his original PUD
P
concept plan, intended on using the right of way of Kennard in the r p*l an .
The applicant said it was not included originally.
The Conmii ssion discussed the proposed purchasing of property for park
land.
nn i n Commission recommend to the
Cone mi ssi oner Fischer mov ed that the P1 a
Ci t Counci 1 deny a1 of both st
reet vacati as bein remature at this
time on the b that:
The vacations have no
• t been shown to be i the public interest
1.
for the
2. Both streets may be needed proposed Cope Avenue park s i t e - o r p
private development.
• - ' 10
Whitcomb seconded Ayes -
Commis oner �Ih� Prew )
Na (commis
y
M E M O R A N D U M
TO: City Manager
FROM: Director of Community Development =
SUBQECT: Alley Vacation
LOCATION: West of Clarence Street, between Summe and Ripley Avenues
APPLICANT: Thomas Mathi sen
DATE: August 26, 1980
Reques
Vacation of an alley right-of-way.
Descri and Existing Use
The subj alley e ri ht -of -way i s unimproved and 20 feet in width. The driveway or
� Y �
1851 Cl arence crosses the alley. Three garages also appear to be built on the
right-of- . The vacation is being requested to allow adjacent land owners the
authority to maintain and make improvements to the unu sed ri .
g ht -of -wa Y
Surrounding Land Use
No p 9
North: An unimproved roved se ment of Sumner Avenue. Across Summer Avenue, a single famil
dwelling
East: g y 9 Single family dwel 1 i n s, all fronting on Clarence Street and a tax forfeited
40 X 124 corner lot.
South: Ripley Avenue. Across Ripley Avenue, single family dwellings.
p Y
West: Two single family dwellings, fronting on Clarence Street and Ripley Avenue,
3 undeveloped lots without frontage to an improved street and eight undeveloped
lots without frontage to an improved street but which have been combined with
parcels fronting on Clarence Street.
P l anni ng
1. Land Use Plan Designation: RL, Low Density Residential
2.. Zoni n 9 : R -1 Residence District (Single Dwelling)
3. Chapter 412.851 of the Minnesota State Statutes States
'"Tile Council rna y j by resolution vacate any street, alley, public grounds, public
any Y , or P art thereof, on its own motion or on petition of a majority of the
owners of land abutting on the street, alley, public grounds, public way or part
thereof to be vacated. When there has been no petition, the resolution may be
adopted only by a vote of four - fifths of all members of the council. No such
P Y
vacation shall be made unless it appears in the interest of the public to do so
after a hearing preceded by two weeks' published and posted notice."
Past Action
' 1 authroi zed the vacation of
several alleys in this neighborhood.
Council has previous y
Public Works
. right-of-way. Overhead utilities
' d utilities in the subject alley r 9 th lines.
There are no burl e retained for maintenance of
exist. An easement should be
do, However, exist. adjacent properties* No plans
The alley does not serve as a secondary access for
exist for improving the alley*
Citizen Comments
• he subject right -of -way signed a
he eleven properties abutting t J
Owners of ni ne oft t
petitio
n in support of the proposed vacation*
A •
• right-of-way. I t appears as i f adjacent
for retain ng the subJect .-the
Staff sees no reason - for resi al use ,
have established the r� ght -of y right-
property owners The only ubl � c function of the g
location of 3 garages on it. y P
apparent erhead utility lines*
is servi as a corri for ov
Recommendation
• Clarence Street between
• e alley right -of -way west of Ripley and Summer
located on the
Vacation of th y foot wide utility easement,
subject to retention of a 10
Avenues , J
east 1/2 of the subject right-of-ways
s based upon
Approval i the following findings
• se rve a
not and i s not, proposed to se p purpose other than as
1. The alley does �
a corridor for overhead utilities .
• and space by adjacent land owners*
• has been es tabl i shed as rear y p
2. The r ight- of -way
. subject alley right - of - way.
3.
• i c interest to vacate the subs
I t s n the publ
Enclosures:
1. Location Map
2. Property Line Map
3, Statement by the Applicant
Or
o
Lok
KOHLMAN AVE. W x KOHL
_ � a
/ Z
ui
rOUNTY ROAD "c" x _
Ln f 1 �
J N W
W f-
J W to H
• � O c7
a ' z � 3 EDGEHILL R,D.
>_ Z W
.I W Z 3 a
Q t 1 Q N J
`
a sn L4", D E M ¢)N A v E.W
C - IBROOK ►- 0
- --
'o
/ 61
Q
r 7 ,
. m 6�.
SEXTA NT AVE.
F,Q 1 GERVAIS AV E. E77 GERVAIS
G 6NDVIEW AVE.
36 r__
OR.
LARK 4VE.
JC0UNT Y O
L a ka I
c JUNCTION AVE.
so,
/ I
us LARK - t VE.
LAURIE [ R-0. /
Q � Y
Z � � 55 ° 64,
r AVE.
I- Y
L
�/ >
FEI NT
ON AVE. Q cr v�
W J Z SU MM E [4 V V 4S
/ Q W
62 � 3 '
S GO a F E. a p
R VF. 3 R I PLEY V E.
o a W Wok a fr a /d
.Lake 'SD I PH IA ST.
z Lok e . z
6 1.- "-' A4 S T. d W J
Pho /en a M a ; � W a
cr -- z PRI
......r �� W W I W
LL A 0 P E N T E U m A
~ 30
n rl n
.-.
5
�l
Ew
J
W
N
Q
I
nF
TOM MATHISEN
PETITIONER .
ALIIEY VACATION
REQUEST
1. 'LOCATION MAP
a
J
. • � t om• �-�
t - 1
• Y
1
1 v 1
I
r
j
1
1
rC_ a.i .t • ;
1.
L `
T
r
� 7 t
j %.e W j " - Z) I
ti
r
� 1
177
y
SUMM ER
V�
VI
•� rp .
t,
_
r
i�
I
1
1 �
1
1
t
- 4
rl
R t
r
1' T
L TOM MATHISEN
ITIONER ,-
ALLEY VACATION
REQUEST
2, PROPERTY LINE MAP
Existing houses
PROPOSED ALLEY VACATION
a
Applicant's Statement 7 -9 -80
The . alley in que stion remains as it was when it was p�atted� and has seen no improvements. There are no improvements to
the properties on the west side along Curve Street (except
for one which has a driveway from Clarence St.). All the
properties bordering the east side of the alley have s ingle
family dwellings vdth garages and driveways ope to Clarence
Street. For this reason it seems doubtful that the alley
would ever be upgrade d,
The vacation of this alley would benefit the property owners
by giving them the 'authority t o maintain and make improvements
to the vacated laAd as they saw fit (within the scope of existing
regulations and easements), One such improvement /use might be
a garden or play area.
It would be in the public interest to have this property managed
by the ad jacient land owners rather than have it remain somewhat
unattended.
NOTICE OF PUBLIC HEARIMG
ALLEY VACATION
• Cit Council at its meeting of
• b given that the Maplewo y he
Not s here r1, i n the Council Chambers of t
da October 2, 1980 at 7:45 P - cola l ewood , Minnesota
Thursday, � i located at 1330 Frost Avenue, p
Maplewood Municipal Buildi a proposal to vacate the alley
p publicly c1 hear rem,
regarding p p
will consider and p y
in Block 5 Gladstone. (North Ripley, w est of Cl arence).
ANY PERSONS
HAVING INTEREST IN THIS MATTER
ARE INVITED TO ATTEND AND BE HEARD
47
.,A. Alley Vacation - Gladstone Addition (Block 5 )
Associate Planner Johnson said the applicant is requesting vacation of
the alley right -of -way. Staff is recommending approval as outlined in their
report
Chairman Axdahl asked if there was anyone present who wished to
comment on the proposal.
Tom Mathison, appl i cant, said most of the property owners are in
favor of the vacation.
Commissioner Pe►1 l i sh moved the Planning Commission recommend to the
City Council vacation of the a l l e ri ht -of -wa west of C1 ar_ence treet
between Ripley. and Summer Avenues, subject to retention ova 0 foot wide
u easement oca e on the east M of-the subjec t -o -wa y.
Approval is based upon the following findings:
.1. The alley does not, and is not, proposed' to serve a public purpose
other than as a corridor for overhead utilities,
2. The right -of -way has been established as rear yard space by adjacent
land owners.
3. It is in the public interest to vacate the subject alley right -of -way.
:Commissioner Whitcomb seconded Ayes all,
2 9 -15 -80
s.
MEMORANDUM
TO: City Manager
FROM:. Director of Community Development
SUBJECT: Zone Change
LOCATION: 763 N. Century Avenue Actw - r j
APPLI CANT /OWNER: Warren V. Burton
DATf : September 10 , 1980
Request
Approval to rezone property from R -1 , Single Family Residence to BC, Business
Commercial
Site Description
1. Lot Size: 13, 946 square feet
2. Existing Land Use: Undeveloped
Proposed Land Use
Refer to the applicant's letter
Surrounding Land Uses
Northerly: Single family homes
Southerly: A & W Restaurant
'Wes terly: Single family homes
Easterly: Century Avenue. Across Century is commercial property in Oakdale,
Planning Considerations
1. Land Use Plan Designation: SC, Service Commercial.
2. This commercial land use classi fi cation relates to those commercial activities
that can best provide complementary commercial service to the community by
not being located in major commercial centers. However, the land use plan
suggests that these type commercial activities be considered in the planning
context of small commercial centers as well. Commercial activities which
encompassed within service commercial centers include: - -
1
a. Neighborhood and community commercial shopping facilities;
b. vehicle drive-in commercial services;
c. Wholesale commercial activities;
d.. Specialized retail activities such as drugstores, beauty salons, 1 aundro-
mats , small variety stores, and barber shops.
3. Zoning: R -1, Single Family Residence
vl
Public works Considerations
Sanitary sewer and water are available.
Analys i s
Staff is hesitant to recommend the rezoning of this property to a wide open zoning
designation such as BC: The problem is that there are virtually no restricted
uses within this zoning classification. The consequence could be the development
of a business on this lot, which would meet BC district requirements, but may be
objectionable to the abutting residential neighbors. A recent example of this was
the construction of a Big A Auto Parts on Century Avenue. Big A was a permitted
use in a BC zone, however, it was erected much to the displeasure of the adjacent
residents who felt that it was very incompatible with their neighborhood..
On August 2, 1979 the City Council denied a rezoning request at the northwest
corner of Radatz Avenue and -White Bear Avenue from F, Farm Residence to BC (M).
Denial was based on there not being a specific development plan for the property.
Staff feels that the subject parcel should be rezoned to a commercial classification,
however, it should be changed to a more restrictive zoning. A LBC, Limited
Business Commercial zoning classification would protect the adjacent residential
neighbors from a possibly objectionable neighborhood business. This zoning
classification would allow professional office buildings. If in the future,
there is a specific use proposed for this lot, Staff feels that the City may
then consider rezoning to BC.
Recommendation
Approval to rezone the subject property to LBC, Limited Business Commercial on the
basis that:
1 . . The rezoning is in compliance with the Land Use Plan.
2. The rezoning would be a continuation of the adjacent commercial property to
_the south.
30 The applicant has submitted a petition signed by over 51% of the adjacent
land owners agreeing to the proposed commercial zoning.
2
4. The LBC zoning would provide a safeguard for the adjacent residential develop-
ment to prevent the construction of a possibly objectionable commercial
business.
The City will consider rezoning the- property to BC in the future, provi di ng
there is a specific development proposal for the site.
Enclosed:
1. Location Map
Z. Property Line Map
3. Applicant's letter
:t
3
MARYLAKE RD. a
v
/ r W
' Q J
I Q =
Z p
- o
Troiler Court
68 (Privoie) _
E. MARYLAND AVE
-- 120
.a S7
31
IG 4. 9
_ o c � - � 6 a
Beover +' Mw GNOLI A AVE .
0
_- _ Lok
PL
CASE (�s �� wI . Z ! HARVESTER
AVE ', I� :`� ! — W; I AVE.
En
ir
Q
212 w , r BRAND AVE.-: : .
2 1 RA ST. A
E. 7TH ST. E 7TH ST
Cr i
Y r F, 729N
Y
BUSH 'l ��, �' 2530
AVE. R22W � 21W J
.� `- _
Cr
70)
E M NNEHAHA A /� %/
lw It Ink
34 34
� l
E- MARGARET ST.�
f
E 5TH t ST
Z I I W J
O ` J W
I
�' a FRE
� o MO NT AVE
•3M Z
U �
JIC Q :JR ' ; 4 LL
c c ti �. - R
3 M
L IONER warren V. Burton
REQUEST Rezoning
1. Location Map
a
PETITIONER .warren V. Burton
E QUEST Rezoning
2. Property Line Map
1
4
a
NOTICE OF PUBLIC HEARING
• r
REGARDING PETITION FOR CHANGE IN =
ZONING DISTRICT CLASSIFICATION
Notice is hereby given that the Maplewood City Council will conduct a
public hearing on Thursday, October 2, 1980 at 8:00 P.M. in the Council
Chambers of the Maplewood Municipal Building located at 1380 Frost
Avenue. The purpose of4 said •hearing shall be for the City Council to
publicly hear and consider all remarks regarding a petitioned change
in zoning District classification filed by:
APPLICANT:
Warren V. Burton
763 N. Century Avenue
Maplewood, Minnesota 55119
REQUESTED ZONING CLASSIFICATION: BC, Business Commercial
The City Council will consider establishment
of the above zoning classification or such
other classifications it deems appropriate.
EXISTING ZONING CLASSIFICATION: R -1, Single , Family Residence
PROPOSED REZONE SITE: 763 N..Century Avenue
ANY PERSONS HAVING INTEREST IN THIS MATTER
ARE INVITED TO ATTEND AND BE HEARD
E. Zone Change
- 763 N. Century (Burton)
' requesting a rezoning
• Pla Johnson said the applicant cant i s q
Associate P1 ann pl Business Commercial. Staff � s
i n l e Family Residen _ to BC , 1 i ned i n
from R -1, S 9 i ted Busy Hess Cor�nerci al as out
ormrendi ng rezoni ng to ;LBC, Li m
re c _ .
their report.
• the signatures natures of the property owners
urton said she has all of g rezoned to
Mrs. B � wished the property would be
��ia hill Road except one. She
on y ,
Business Commercial .
else resent who wished to
dahl asked f there was any one P
Chairman Ax i
comment on the .proposal .
• Whitcomb moved that the P1 a
nnin Commission recommend
Coruna ssi oner the sub ec to L BC
to the Ci t Counci 1 aooro to rezone
Limited Business
Commercial on the basis that.
• with the Land Use Plan
1. The rezoning � s � n compliance w� .
of the adjacent commercia
2. The rezoning n 9 would be a cont• � nuat� on
property to the south
• n signed by over 51% of th
1 i cant has submitted tted a pets ti o g zone n.
3. The. app to the -proposed commerce al 9 .
jacent - land owners agreeing 1 ad
• the adjacent res
would p rov i de a safeguard for
4. The tBC zoni p of a possibly ob
to prevent the construc development
commercial business.
• t to BC i n th fu ,
m consider rezoning the property 5. The Ci y proposal for the site.
providing
there is a speCific devel P
Comma s s � on
' er Fischer seconded Ayes all .
- - - -
MEMORANDUM
TO:
Cit Mana
FROM:
Director of Communit Development
SUBJECT:
Special Use Permit
LOCATION:
Gervais Avenue
APPL-ICANT:
Gervais Associates _._1 17
OWNU:
Ri chard Schreier
PROJECT
Stora Buildin
DATE.-
September 10, 1980
Re
Approval of a special use permit to construct a mini - stora warehouse facilit
w ith a live-in caretaker.
Site Description
1. Lot Size: 1.84 acres
2. Existin Land Use: Undeveloped
Proposed Land Use
1. Refer .to the site plan.
2. The buildin ar to be constructed of corro metal panels.
3. The north elevation of Bufldin B is to have wood sidin This end of the
buildin is to be used as an office-apartment for a 1 i ve -i n caretaker.
4. Both e nd elevations of buildin B. and C will have a mansard roof.
5. A one-wa traffic flow is proposed.
6. Four parkin stalls.are proposed.
70 Acce is proposed from G Avenue onl
Z_
Surroundin Land Uses
Northerl Gerva'is Avenue
Southerl Hi 36
Easterl Saints North Roller Rink
Westerl Vacant parcel planned for LSC, Limited Service Commercial and zoned
M-1, Li Manufacturin West of this lot is Topper World.
I
g .
I
Past Actions
6 -5 -80: Council issued a special use permit for another mini-storage facility
along Highway 36 near Highway 61.
9-2-80: The Community Design Review Board approved -bui 1 di n and site plans for
this proposal. . conditions::,- gp
p p Approval was subject ect to the following owi ng
1. A revised landscaping capi ng plan shall be provided for Staff '
_ P approval providing
.
trees along the southern exposure and additional landscaping along the
--northern exposure.
2. The southerly ends of the buildings shaTl have decorative wood siding. The
decorative wood treatment shall be applied intermittently along the exterior
side elevations of Buildings A and D.
3. The applicant shall install a fire hydrant at the south end of the property.
The size of the water main to the hydrant shall* be determined by the City
y
Engineer. ,
4. A revised drainage plan shall be submitted fora approval b the Ci pp y y
5. If landscaping has not been installed by the time of occupancy, the applicant
shall provide the City with an irrevocable letter of credit i n the amount
of 150/ of the cost of the landscaping,
6. All require plant materials that die shall be replaced by the a PP 1 i cant.
7. The parking spaces shall be striped and continuous concrete u
p t curbing ng shall be
provided adjacent to all landscape areas.
8. Signing is to be handled by Staff.
9. Security lighting shall be provided and shall not cause any undue glare onto
the adjacent properties. or roadways,
10. Traffic si gnage will be provided.
11. Revisions to the site plan shall be made according to the re q ui rements of
the Building Code. Revisions are subject to Staff approval.
12. Owner and applicant agree to the above conditions in writing,
Planning Considerations
1. Land Use Plan Designation: LS C, Limited Service Commercial.
2. This.- Land Use P1 an classification recognizes that a wide ran a of commercialized
g
- service activities exist and are desired which should be 1 i'mi ted as to location,
- function, mix and quantity. Further, such centers should be panned and
developed under performance standard techniques which are designed to more
closely integrate such commercial activities into the land use pattern in
such a manner that concern is given to the overall environmental impact of
such activities to surrounding and adjacent land use,
a. Highway interchange commercial location;
b. Office and industrialized parks;
c. Commercial areas adjacent and in close proximity to major commercial centers.
2. Zoning: M -1, Light Manufacturing
30 A special use permit is required for a warehouse facility in a. M -1 zone .
40 - Section '911 .050 of the Zoning Code states that:
a . The City Council, in granting a special use permit, may attach to the
permit such conditions and guarantees as may be necessary to the pro
-
tecti on of the public, the rights of others . and the City.
be All special use permits which do not have a specific termination date
or provision for a periodic review, shall be reviewed within one year of
the date of passage and publication of this ordinance and every five
years thereafter.
Public Works Considerations
1. Sanitary sewer and water are available.
2. The drainage plan i s lacking n much detail. The following information should
P g
be provided:
a. Existing ground contour data
be What is the existing water drainage pattern? This must be maintained
c. To what "existing catch basin" is the storm runoff going and what size
of pipe is to be utilized.
3. A revised drainage plan should be submitted for approval by the City Engineer.
4. Gervai s Avenue 'is planned to end in a cul-de-sac on the west side of Whi to
Bear Avenue. It will, also, "fork" off and intersection with White Bear
Avenue at 11th Avenue (see-map).
Public Safety Cons derati ons
1. Adequate traffic signing should be provided.
2. Adequate security 1 i ghti ng should be provided.
3. —A water - h y drant should be provided at the south end of the site with an
:eight inch main.
3
Analysis
The proposal is consistent with the City's Land Use Plan. This - deve 1 opmen t will
also, be compatible with the existing surrounding land uses. The only concerns
of Staff are design related and have been considered by the Community Design
Review Board.
Recommendati on -
Approval of a special use permit for the proposed mini- storage warehouse - develop -
ment, based on the findings that:
1 . The proposal is consistent with the City's Land Use Plan
2. The development will be compatible with the existing surrounding land uses.
Approval is conditioned on a building permit being taken out in one year. Upon
approval of a building permit, the special use permit is valid for the l i f e of
the building.
Enclosures:
1. Location Hap
2. Property Line Map
3. Site Plan
4. Gervai s Avenue Improvement Map
4
RADATZ 4VE
' .•, ^
La
• t W M "-HLMAN jA• ✓E --
� KOHLMAN jEi { O�, Y r --
4J.
2�
0 Q
0 UN Tr I ROAD E ,. Y 1 y -
Ln -
= f
r D, 1� _
/ r � i _
Cr E DGEHILL RD j
`= z U u z
cc
r
• / ~ WI
J I �; z pEMQNT A VE.
AVE. I __
} i te ~_ 00 w
11 Q
1 t � $ROOK ( a ✓E. -
D A f 7 �f'.': 'n 3
9 7,C Q s
vvvlli li tr AVE —
61 a -
llltj SEXT • NT AVE. 6� ► - 1 N r.FRVd►S 1 AVE
/ GERVAIS AVE. � �
P AVE.
I V;KING --- Jl DR. ,
PA` SHERREN AVE _
GOP' -r ! AVE [
LARK � � AVE LARK AVE LARK. 1 VE
1
r� U /
25• C OUNTY °i ILAURiE n �` s RD . Z LAURIE I RD.
m LELAND a R� qG r 25 = AN HURST z LAVE 55
o JU NCTION AVE W Y
r
P on I AVE - BU KC =AV .
�
BU R K E �' o �7z
ELDRIDG E -J AVE o
P - : 1 �-
ILA w
�•pN AVE W I aE L M ONI or G AVE. N 64 Q
jr
SK � AV
r
_.�
AVE.
L
Q
f �
L,U,i
,
?5'
.
L
SKILLM.A N m f _ E . . HAR RIS >00 i
N R ; i # ti� t
5 ¢ AVE '• w
W ' i { ! 4, ROSE WOOD AVE.
ED
RY RY �AN I
y� Q
G Rv E S� Q4 PJ�v . Q.P p :.� 29
I.We 28 Wt --
FROST N L N U)
Q a a ►= JI 5
FE NTON AVE. Q J W 45 N G�RL E�
-j Z N SU MM ER AVE c.> N
Q W Q
_J O
W W L' ui
FRISBIE AVE. _ Cr o m x 5
Q - '
0
12
V F,
[ RIPLEY 1 AVE. I W 1 Z - 1 IPLEY AV 1
Q a Wok a ti a /d
W Y W
_j c - - or a t- 2 p KtNGST N AvE.
r- S0 PH 1A S7 _ m c Z a — .7
y Lok e _
U) SOP HIA ST. d Z - 3 J LPR =AV
E
2 z
Z Q z 75 O ' ,J 2C Q Q N V 2
w 4' _J _j 7 I PRI GE AvE G`� Y -j > a z
D F- W �- Z a M
.. 62 a d - '
- ...,..._ L A R P E NTEJ = Q AVE �.
�o c.�a n In[IFI
w - nFjF1FjfnF n �i
0
TITIONER Gervais Associates
REQUEST Design Review
Location Map
4
a
_ 1
L
Or
i . ♦ _ r'
Fa
tF rni�
oe
::: , o¢a No rthwes rn
f�
ss Bell
•j
f . Saint s
North
Rolle
YY: Ri nk -'
Condor Corp rate n
Warehouse Bui 1 di g _ �
Topper ,
o,r[I
:.
jam"' Z1t iP 7 _ `•- r ( �' �
OT
' ` !
L -• � i I
�-- ---- -- - - -
4 QL
cc
( 7 - PUTITIONER Gervais Associates
REQUEST Design Review.
Property Line Map
N
I i FOUR
I , SEASONS
PARK
O
o ,
O i
-� S E X T N u,
N
1,1
N
I i ZI I
1 1 G E RVA IS ; V aWC 11 1 1 1
1 i z 1
I 1 0r I i
1 1 GRA DVI EW AVE �, 1 '
1
S ERVI CE D tVE '
STATE HWY. NO. 36
GERVAIS AVENUE IMPROVEMENTS
(KENNARD ST. TO WHITE BEAR AVE.)
STREET IMPROVE PLAN
PROPOSED CURB 9 GUTTER
-� PROPOSED STREET
PROPOSED RIGHT OF . W AY LINE
SCHOELL 81 M ADSON INC.
Engineers 8 Surveyors
I - 09kins , Minnesota
SCALE: 1 "= 300' DATE • AUGUST 1978
. r% r% w w •
w
W
> 1
EDGE HI O a0
I
a ,
F� - J
1 ,
1
W
O >
cn
c
1 ,
i
1 0r- I
• QI
W'
—L OYU-
� 0
1 Q
I � 1
i
c--:-==_=_=------
i
� I i
MONTGOMERY 1V p
I WARDS v
CENTER
4 ( GERVAIS AVE. - l�
CITY OF MAPLEWOOD, MINNESOTA
I
VIKING AVE.
P
SITE PLAN
r
UN TF
GiLJA4" jT tTNe
2.4:>
lot 2-C:�
.4 8 -
1G�
I D ' $ -
Z.O
TOTA - . L)UI -r5 ?• .,
--- H ; 110
i
NOTICE OF PUBLIC HEARING
FOR SPECIAL USE PERMIT
Notice is hereby given that the Maplewood City Council at its
meeting of Thursday, October 2, 1980 at 8:15 P.M. i n the Council
Chambers of the Maplewood Municipal Building, located at 1380
Frost Avenue, will consider and publicly hear the request -for
a Special Use Permit for:
j -
APPLICANT: Gervai s Associates
95 S. Owasso Blvd.
St. Paul, Minnesota
PROPOSAL: To construct a mini-storage
warehouse facility with a
live-in caretaker
LOCATION: Gervai s Avenue,, west of
1818 Ge rva i s Avenue
ANY PERSONS HAVING INTEREST IN THIS MATTER
ARE INVITED TO ATTEND AND BE HEARD
G.
ASSOci ate P1 anner Johnson said the applicant is requesting n approval
q 9 PP
of `a special use permit to construct a mini-storage warehouse faci 1 i ty with
a live-in caretaker. Staff is recommending approval as outlined in their
report.
Special Use Permit - Gervais Avenue (Schreier)
Richard Schreier said he would be glad to answer any questions,
Commi ss.i over Whitcomb asked if the applicant had agreed to the
conditions as recommended by the Community Design Review Board.
Mr. Schreier said there should be no problem after the landscaping
plan is approved.
Chairman Axdahl asked if there was anyone else present who wished
to comment on the proposal .
Commissioner Whitcomb moved that the Planning Commission recommend _
t the Ci t Council 1 a royal of a spe use .ermi t for the �osed
-s ra e ware uo se eve o mend �a
n 1 q _ _ __ _ q p.. �- -s e d�o n e f`�n c i` n c� s a . j
1 . The proposal is consistent with the City's Land Use P l a n
2. The development wi ll be compatible with the existing surrounding land
uses.
Approval -is conditioned on the bui 1 di n permit be n„_ taken out one
year. Upon approval of a bui 1 di ng t th speci use permit is v ali d
for the l i f e of the b u i l d i n g , Approval -i s also subject to ithe conai ti ons
as outlined by the Connuni ty Design R eview Board on September 8 1980.
Commissioner Barrett seconded Ayes - al I * '
S/
MEMORANDUM
TO: City Manager
FROM Director of Community Development
SUBJECT: Rental _Housing Code
DATE: September 25, 1980 =
At the Council meeting of September 18, 1980, Council gave first to
amend the Rental Housing Code to include the exterior areas of owner occupied
dwellings. The necessary revisions that need to be made to the Rental Housing
Code are as follows:
1. Delete the word "Rental" 'from the title subti tle,' Secti on 214.010 and
214.020.
2. Change the first sentence of Section 214.030 to read, "The provisions of
this Code shall apply to all dwellings in the City with the exception
that sections dealing with interior areas shall not apply to owner
occupied dwellings ".
In addition, Staff and the HRA have discussed during the original drafting of
the Housing Code, the possible problems associated with the proximity of
attached owner occupied dwellings. The HRA will be studying the possible
problems associated with the interiors of these attached dwellings,
Recommendation
Final adoption of the above amendments to the Housing Code.
September 29, 1980
STAFF REPORT
To: City Manager Barry Evans
Vrom: Chief of Police R. W. Schaller
Subject: Proposed Franchised Liquor Operations
Currently Staff is reviewing a liquor license application for the County
Road D and White Bear Avenue area. In the process, we have developed that
while an individual is applying, he plans to enter into a franchise agreement
with M.G.M. Liquor Warehouse International, Inc., and to operate under that
name. This franchise would involve the licensee using M.G.M. Liquor Warehouse
name, business counseling and training, purchasing power and similar things in
exchange for four per cent of the gross sales fee.
The police Staff has met with several of the M.G.M. owners, Patrick Maglich
and Terry Maglich, along with their lawyer. They have furnished us with their
form of franchise agreement, a copy is attached. .
In inquiring in several communities that they presently have agreements in
effect, it appears they have good grades for clean, efficient and acceptable
operations. The experience in Bloomington, where Maglichs owned and operated
a successful liquor store operation for a number of years., has been very good
according to their officials. Staff checked their store, which is located
about a mile west of City Hall, and found a large, clean, neat and well- stocked
store.
The question arises about the impact this type of operation will have on the
present licensed off -sale stores. In Bloomington, within a block of the M.G.M.
franchise, there are two small competitors, one of which opened after M.G.M.
opened. Bloomington officials inform us that they all seem to be able to
survive in the same market area.
This matter is called to your attention in view of the fact it is a new approach
to "off -sale" liquor operations, not only to Maplewood but to the industry.
Within several weeks the City Council will have to consider the license applita
Lion involving this approach.
RWS:js
t c City Clerk
Deputy Chief Hagen
80 011365
Liquor File
Ac;tian by c� l x
u n d o de C;_..
j�:�cc�if i E
e Ctekd
1� aL,e
ACRE ERIE NT made the ,
FRANCHISE AGRERIENT
FOR AN
Vii. G. M. LIQUOR WAREHOUSE STORE
day of ,r 31 19 ,- .1 by and between Vii. G. K. LIQUOR
'ARE EHOUSE INTERNATIONAL, INC... a Minnesota corporation (the FRANCHISOR ) 'and
(the FRANCHISEE). =
1.) -INTRODUCTION
The officers, directors and shareholders of the FRANCHISOR (the Princi als
d vidua.11 current P )
_n i y currentl operate five (S) off- -sale retail liquor stores. During the
erasion of these and other off --sale retail -r
P liquor stores, the Pr- incipals developed
:ertain policies, procedures and techniques. which constitutes a system for operating
� p ng
)ff- -sale retail liquor stores. The off- -sale retail liquor businesses operated b the
P y
' rincipals are conducted under the commercial trade name and service mark "M.GoMo LIQUOR
7AREHOUSE" and associate
d logos (the NA'�E S and M.��]�'K,S) .
In the use and promotion of the commercial trade name and service mark "M. G.M.
,IQUOR WAREHOUSE" and associated logos, the Principals have developed concepts, program
P � rams P g
end methods of promotional advertising. The State of Minnesota Liquor Authorities have
iod-ified the rules governing the use of advertising by. off-sale retail, liquor stores
'he Principals envision an q
P expanded role for promotional advertising in the operation
if off-sale liquor businesses. The Principals have formed the FRANCHISOR for the purpose
ur ose
)f granting to qualified persons and entities licenses to use the Standardized ' System
f Operation and to conduct an off -sale retail liquor business utilizing exclusivel
=he NAMES and MARKS selected, used, and promoted by the FRANCHISOR.
The FRANCHISEE has made application to the FRANCHISOR for a Franchise and the
Lpplication has been approved by the FRANCHISOR in reliance upon all of the
-epresentations made in the application.
2.) DEFINITIONS
The terms and phrases specified below shall have, for purposes of this Agreement
g S
:he followin meanings:
:
.
(01) "License,` and variations thereof, shall mean the rig ranted to the
CHISEE b the FRANCHIS g g
RAN y R to use the Standardized Sys of operation and promotion
ind to use the LNAMEi and MARKS selected used and romoted
p by the FRANCHISOR. Only
Shen it is clear from the context, shall the term "License " refer to the right g ranted
D g overnental authorities to conduct an off -sale retail liquor store.
( 02) "Term of the License" shall paean the initial term and all renewal terms if
_he Licens-e is renewed. •
(035 " Gross Receipts" shall mean the total amount of revenues received b the
RANCHISEE from all business activities t y
along place at the _Franchised M.G.M. Liquor
;arehouse Store, in the form of cash or credit, -plus the fair market value of goods
ielivered and services rendered to, FRANCHISEE, or his designee, in consideration for
roods and services provided in, froze, or in conjunction with the Franchised `�.G.M. Liquor
s
:rehouse Store. There shall, be excluded from "Gross Receipts" bona fide refunds,
redits given or allowed by FRANCHISEE to customers for the return of merchandise and
counts collected by FRANCHISEE from customers on behalf of any governmental taxing
sthority on account of sales or occupation taxes and cash received as payment of credit
tansactions where the extension of credit itself has : already been included in the figure
.Don which the earned service fee and Advertising Contribution is computed. "Gross
aCeipts" shall include items taken for the FRANCHISEE'S use or given to employees or
thers valued at their customary retail prices.
(04) "Financial Institution" shall mean a bank, savings bank, savings and loan
ssociatiou or credit union duly licensed by the United States or any state thereof.
(05) "NAMES and MiJkRKS" shall mean the commercial trade names, trademarks, service
arcs and other commercial symbols, including associated logos, -now or hereafter
elected, used or promoted by the FRANCHISOR in connection with its Franchised System
f off -sale retail liquor stores.
(06) "Standardized System of Operation" shall mean the business plans and methods
eveloped by the FRANNCHISOR to be used in connection with the design, construction,
raanization and operation of an off- -sale retail liquor store. The "Standardized System
f 0 Operation" includes standards, specifications, methods, procedures, techniques,
- an agenent systems, identification schemes and information all of which may be changed,
0
mproved and further developed from time to time by the FR�.NCHISOR.
(07) "Exclusive Area" shall mean the geographical area designated in Exhibit A.
(08) "Franchised M-G.M. Liquor Warehouse," and variations thereof shall mean the
tore licensed under this Agreement to operate utilizing the Standardized System of
)peration and the NAMES and MAM.
3.) GRANT OF LICENSE AND RENTe7AL OF LICENSE
(01) Subject to the provisions of this Agreement the FRANCHISOR grants to the
- OWCHISEE a License for an initial term of twenty (20) years, commencing on the
ef fective date of this Agreement, to utilize the Standardized System of Operation and
: o use the NAMES and MARKS of the FRANCHISOR in the conduct of the Franchised M.G.M.
Liquor Warehouse Store. The Franchised M.G.M. Liquor Warehouse Store shall be Located
q c - � of . M t � D �! In the event this
3 t �� � o W ��� ��� � A E 0
w
ovation becomes unavailable through no fault of the FRANCHISEE, the FRANCHISOR shall
have the ri to approve-any other site selected by the FRANCHISEE. If the FRANCHISOR
and the 'FRANCHISEE unable to agree upon a new site within thirty (30) days af ter
the FRANCHISOR has been notified the location set fort herein has become unavailable,
the FRANCHISEE Ma y terminate this Agreement by delivering notice thereof to the
FRANCHISOR. In the event of termination pursuant to the terms of this Paragraph, the
FRANCHISEE shall receive a refund of all Franchise Fees without interest or deduction.
(02) The Franchised M.G.M. Liquor Warhouse Store shall be constructed and operated
on a site located Within the Exclusive- Area. The FRANCHISOR shall not grant to any
other p
etson a License to construct or operate any off -sale retail `liquor. store nor
to_ othevaise utilize the Standardized System of Operation or the NAMES and `'LAM within
the Exclusive Area. The FRANCHISOR shall have the right to grant a License to conduct
or operate an off -sale retail liquor store or otherwise utilize the Standardized System
of Operation or the YA&MSES and MARKS at a site located outside the Exclusive Area even
if that site competes with the Franchised M.G.M. Liquor Warehouse Store for customers
thin ' the Exclusive Area. The FRANCHISOR reserves the right to promote and distribute
p; P
quor and related products under a private Label utilizing the NAMES and MARKS th
wi in
e Exclusive Area, through outlets. and other distribution vehicles other than the
anchised M.G.M. Liquor Warehouse Store, provided the FRANCHISOR shall offer the
." UNCHISEE the right to sell such products at retail,
( 03) If. upon expiration of the initial term or any renewal term of the License
FRANCHISEE has complied with all the provisions of the Agreement= which is then
,airing, has operated the Franchised M.G.M. Liquor Warehouse Store utilizin g and
zformi.ng to the Standardized System of Operation, has utilized exclusivel
y the N AMA S
MARKS in the operation of the Franchised M.G.M. Liquor Warehouse Store and
ha
graded thi Franchised Me G. M. Liquor Warehouse Store to meet the FRANCHISOR'S then
rz standards, the FRANCHISEE shall have the option to renew the License for
iitional terms of a D years. To renew the License, the FRANCHISEE sha execute
FRANCHISOR'S then current form of Franchise Agreement and all other agreements nts and
dal instruments and documents then customarily employed by the FRA�1TCiI50R in th e o rant
Licenses. No initial fee or renewal fee shall be charged in connection with the
aewal of the License. The FRANCHISEE shall give the FRANCHISOR not less than ninety
�) days prior written notice of an election not to renew the License. Failure or
fusal by the FRANCHISEE to execute all agreements and documents within sixty 60
7s after delivery to the FRA0CHISEE shall be deemed an election b y the FRANCHISEE
� .
�. to renew the License.
4 .) FEES
(O1) The FRANCHISEE shall pay to the FRANCHISOR Fifty Thousand Dollars
( $50.,000)
an Initial Fee. The Initial Franchise Fee shall be payable Five Thousand Dollars
5 upon the execution of this Agreement, Twenty Thousand Dollars 20 000
C$ ) will
payable prior to co=encement of the construction of the Franchised M.G.M. Liquor
ehouse Store and the balance of Twenty -five Thousand Dollars ($25 2 000) shall be
fable prior. to the opening of the Franchised M.G.M. Liquor Warehouse Store. Initial
snchise Fee payments shall be noncredi.table and nonrefundable.
(02) On or before the tenth (10th) day of each calendar month, the FRANCHISEE sha
the FRANCHISOR an ea ha
jr to reed service fee and royalty of $1,000 or four percent (4Z)
the Franchised M.G.M. Liquor Warehouse Store's previous month's Gross Receipts
ichever is greater; provided, however,,
g p , er, Gross Receipts in excess of $1,500,004 in any
ar (the First Break Point) shall be subject to an earned service fee of only hree
3 one -half percent (3-1/2Z) on the amount o G $1 $ 5 00 3 000 y p f Gross Receipts between and
, 000, 000, and Gross Receipts in excess of $2,000,000 in any year (the Second Break
int) shall be subject to an earned service fee of only three percent (3%) on the amount
Gross Receipts over $2 ,000,000 0' For purposes of this section, a ear shall be deeme
d
begin on June 1 and end on May 31. However, on June I following the execution of
is Agreement and on June 1 of each year thereafter during the term of this Agreement
e First Break Point and the Second Break Point shall be increased at the beginni
each calendar year, as follows:
• (a7 On June 1 following the. execution of this A reement aiid on June
g _ I of
• each year thereafter, the First Break Point shall be d6 termined by
multiplying $1,500,000 by the "Index Percentage Increase," and the Second
Break Point shall be - determined by multiplying $2,000,000 by the "Index
Percentage Increase." The "Index Percentage Increase" shall be de te ned
in the following manner. •
3.
The "All Items" index figure shown in the Consumer Price Index --
United States City Average for Urban Wage Earners and Clerical
Workers (1967• = 100) published by the Bureau of Labor Statistics
of the United States Department of Labor shall be determined for
both June 1, 1980 and June 1 of each year following the execution
of this Agreement. The f irst of these index figures shall be
divided into the second of such index figures The quotient
resulting from such division shall, as expressed in percentages,
be the "Index Percentage Increase. "
(b)
If a local or regional "All Items" index figure-is available from the
Bureau of Labor Statistics, the index figure for the smallest portion
of the United States which includes Minneapolis- -St. Paul, shall be used
for the purposes described in Section (a) above. If the index f igure
is discontinued, the index f igure for the next smallest portion of the
United States #Ai ich includes Minneapolis-St. Paul, shall be used. If
the basis on which the index f igure used in Section (a) is revised, an
appropriate conversion of the revised index figure to a common base shall
be made upon conversion factors published by the Bureau of Labor
Statistics or otherwise.
(03) Service fees and royalties not paid promptly shall bear interest from the
due date at the maximum rate permitted by law, not to exceed eighteen percent ' (18 %)
per annum.
(04) Advertising material, forces, samples, supplies, products and services may
be made available to the FRANCHISEE at scheduled prices. The purchase price for,
products, supplies and services purchased by the FRANCHISEE from the FRANCHISOR shall
be payable upon receipt of an invoice.
S.) ADVERTISING AND PROLM0TI0N
(01) The FRANCHISEE shall pay to the FRANCHISOR a quarterly "Advertising
Contribution" equal to the greater of $2,500 and one percent (lx) of the previous three
months' Gross Receipts, which amount shall be noncreditable and nonrefundable. The
Advertising Contribution shall be paid to the FRANCHISOR in equal quarterly installments
on or before the twentieth (20th) day of March', June, September and December during
each year or portion thereof of this Agreement; provided, however that $1,000 of the
first quarter's Advertising Contribution shall be payable upon execution of the Franchis
Agreement.
(02) Reasonable disbursements from the Advertising Fund shall be made solely for
the payment of expenses incurred in connection with the general promotion of the IWI ES
and MARKS and the M.G.M. Liquor Warehouse Franchise System, including: (i) the cost
of formiilating, developing and implementing media advertising campaigns; (ii) the cost
of forruulating promotional. programs; (iii) at the option of the FRANCHISOR, reirabursemer
of all or part of each FRANCHISEE'S cost of purchasing promotional materials used in
connection with promotional programs authorized by the FRANCHISOR; and (iv) the
reasonable cost of administering the Advertising Fund, including -accounting expenses
and the actual cost of salaries and fringe benefits paid to the FRANCHISOR'S employees
engaged in administration of the Advertising Fund. Methods of advertising, media
employed and contents, terms and Conditions of advertising campaigns and promotional
programs shall be within the sole discretion of the FRANCHISOR. The FRANCHISOR shall
4.
y . tinsw7Wg)t7L .r; . + :,,s.ysraeia.drsRt €+ i+ u1IlYit :.::sa!KY;j;`a1$�ii13'; - styciAOFt b`.
provide the FRANCHISEE an annual statement of the financial condition of t •
he Advert�,sinE-
Fund, certified by an off icer of the FRANCHISOR.
(03) Disbursements from the Advertising Fund shall not be made for the m a expenses incurred in connect w marketing P y ent
of ex
P connection with the FRANCHISOR'S of Franchise Licenses
(04) The FRANCHISOR shall develop and conduct an advertising cam aian and
g �. P o
promotional program in connection with the opening of the Franchised M.G *M& o Liquor
Warehouse Store. The FRANCHISEE shall reimburse the FRANCHISOR for any Out
expenses_, except salaries paid to the FRANCHISOR'S employees, incurred by the FRANCHISOR
in connection with the opening advertising campaign and promotional program.
Disbursements from the Advertising Fund shall not be made for the payment of expenses
p es
incurred in connection with promotional. ro rams associated w' •
P . g with the opening of the
Franchised %L -G . M. Liquor Warehouse Store.
(05) At its own expense, the FRANCHISEE may conduct advertising campaigns
promotional roarams designed g p gns and
p P o primarily to promote the Franchised M.G *L4e Liquor Warehous-
Store (Local Advertising) . Prior to implementing any Local Advertising, rtisina the "FRANCHISEE
hall submit to the FRA�'�CH �� ISEE
s ISOR for approval all advertising and promotional material
proposed to be used in connection with the Local Advertising. Disbursements shall not
be made from the Advertising Fund for the payment or reimbursement of expenses incurred
in connection with Local Advertising.
(06) The F RANCH shall have the right to photograph the Franchised M .G. M
, Liquor
Warehouse Store exterior and interior, and to use these photographs in an 'advertisi
g
or promotional material,. The FRANCHISOR shall not be obligated to compensate the
FRANCHISEE for use of the Franchised M*G.M. Liquor Warehouse Store in connection with
photographing the Franchised M.G.M. Liquor Warehouse Store. The FRANCHISEE sha
in securing - lI
cooperate g photographs and the consent of persons photographed.
(07) The FRANCHISOR reserves the right to engage the professional services f
o an
advertising agency which is owned by,, or is an affiliate of, the FRANCHISOR or an of
its Principals. Y
6.) TRAINING AND ASSISTANCE
(O1) The FRA�vCHISOR shall provide at a suitable location of its choice within the
United States, an initial training program consisting of at least two (2) weeks of
instruction for the FRANCHISEE at no expense to the FRANCHISEE (the Initial Training
Program). Travel and living expenses, if any, incurred by the FRANCHISEE while engaged
in the Initial Trining Program shall be the ,responsibility of the FRANCHISEE. The
training will cover sales and marketing techniques consistent with the concepts and
methods of promotion developed by the FRANCHISOR and utilization of the Standardized
System of Operation.
( 02) From time to time, the FRANCHISOR will conduct seminars and conferences of
special interest, the number, frequency and duration of which shall be determined at
the FRANCHISOR'S sole discretion. Conferences and seminars will be- made available to
the FRANCHISEE at scheduled prices. •
(03) The FRANCHISOR, from time to time shall provide the •
p e FRAIVCH�SEE educational -
and informational bulletins relating to such topics as market conditions, sales
motivation, sales aides, advertising and financing, the number and frequency of which
shall be determined at the FRANCHISOR'S sole discretion. Periodic bulletins will be
S.
ade available to the FRANCHISEE at scheduled prices.
(04) The FF►ANCHI SOR s ll loan to the FRANCHISEE the "m. G. M. Liquor Warehouse"
ha .
. The manual so loaned shall be marked "CONFIDENTIAL,"
tore ouraer s manual of operations
hall P
not be copied in whole or in part, shall remain the property
of the F�;ANCHISOR
n safekeeping, and in the custody of the FRANCHISEE. The
nd shall always be kept i t or to imp
time to time m add to or modify the manual. to su�pl. e�aen p
: RANCHISOR from time d methods of romotion licensed
he Standardized System of Operation and the contents an _ P
hall keep the manual up to date by inserting any such
ereunder. =. The FRANCHISEE s P ..
dd.itions or modifications.
(0 The FRANCHIS shall p rovide , from time to time, assistance and supervision;
FRANCHISOR'S sole discretion,
ur a and frequency o f which is to be w the FR.AN
.he na t
alt P
h respect to merchandising and store promotions.
7.)
SITE SELECTION _AND CONSTRUCTION
(01) In the event
the FRANCHISEE cons tructs his own building for, the ope ra t io n
if the Franchised M
• . G. `s• Liquor Warehouse Store, the FRLNCHISOR shall provide the
• s ecifications and plans for the landscaping, exterior
� �.nitial standard p • �
ructure floor lan; decor, furnishings, fixtures and signs
lesign, building stt P
identified with an '�
• . G. M. Liquor Warehouse Store, together with advice and consultation
`oncerning them. All such c onstruction shall be undertaken by a contractor and
C, o ns
true tion company designated by the FRANCHISOR*
bases the land for the Franchised M. G.M. Liquo_
(02) In the event the FRANCHIS purchases
constructs his own building for the operation of the Franchised
Warehouse Store and/or cons Liquor
Store the FANCHISEE shall cause the Franchised M.G.M. q
M, G. M. Liquor ,�arehouse located in the Exclusive
Warehouse
Store to be constructed and equipped upon a site
and equipment,
including, but not limited to, landscaping,
Area. The construction a � f �.xtures and s inns ,
building structure, floor plan, decor, furnishin�,s, o
exterior design, g and s ecifications approved by the
s h all as.l be completed in accordance with drawings p
EE shall a all costs incurred in connection with the
FRANCHISOR. The FRANCHIS P y
Lion and eq uipment, including the site plan.
construe q s
o-- be--f. 6 a n
During
- t
nt the construction and equipment shall. not be altered or
the tern of this Agreeme , better q uality , without. the
b r by equipment of equal. or be q y,
modified, except y P
or- written approval of the FRANCHISOR.
pry. -
of this Agreement, the landscaping, floor plan, interior an
(03) Duri the Term g G Li Warehouse �
and equipment of the Franchised M. . M q
exterior design, f urnishings o written approval of the
Store shall
not be altered or modifiers, without the prior PP
FRANCHISER
w
8 OPERATION
OF AN o G.M. LIQUOR WLA.REHOUSE
ersonall on a full -time basis, in the
41) The FRA.NCBISEE shall Participate p y �.ble
( Warehouse Store and will be held respons
eration of the Franchised �i.G.M. Li quor
op_ -
mane
for the day-to-day event thereof . g
' The FRANCHISEE shall utilize its best efforts, skill. and diligence ence to ensure
iat t he FI MCHISEE and the FRANCHISEE'S employees establish and maintain high quality
ry
ice to customers. At all times, the FRANCHISEE shall conduct its business in a
nn P
er that will reserve and enhance the goodwill asssociated with the NLII ES and M ARKSO
( 03) During the term of this Agreement, the FRANCHISEE shah use the pr emise s
c y P M
lusivel to operate the Franchised .G.M. Liquor Warehouse Store. The FRANCHISEE
all not P ermit the premises to be used for any other purpose, business,. activity,
-
,e or function. =
( 04) The FRANCHISEE shall comply with all rules, regulations, and directives
de fram
,n tai ned in this Agreement or in the M.G.M. Liquor Warehouse manual, as amended
_ g
to time and shall adopt and adhere to merchandising, promotion, and advertising
)Ie SOR The FRANCHISOR )lic�.es of the FR;A.NCHI specifically reserves the right to modify P
n e such rules regulations and directives including, but not by way of lima to tion,
cha g re g
changing the format decor or image of the Franchised M.G.M. Liquor Warehouse Store.
� g g
The FRANCHISEE shall comply with all laws and regulations pertaining to the
(05)
perati
on and use of the Franchised M. G. M. Liquor Warehouse Store and to the sale o f
roducts
therein. At all times, the FRANCHISEE shall maintain the Franchised M.G.M.
igour Warehouse Store in a clean, sanitary and attractive condition and in a condition
hat satisfies the FRLNCHISOR' S reasonable requirements. The FRANCHISEE hereby agrees
v p e rm.i tM the FRANCHISOR'S representatives, whenever the FROCHISOR reasonably may deem
ece ssary,
to enter remain on and inspect the premises of the Franchised M.G.M. Liquor
arehouse Store* If the TRIANCHISEE fails to maintain the premises in a condition which
a tis fi
es the FRANCHISOR'S reasonable requirements, the FRANCHISOR, upon not less than
hree (3) c notice to the FRANCHISEE, may order or accomplish the cleaning of the
s s the cost of which shall be charged to, and paid by, the FRANCHISEE.
r ernd. e ,
(06) The FRANCHISEE shall sell all , items specified and described in the M.G.M.
,iquor Warehouse manual as amended from time to time. The FRANCHISEE shall not
L�,.na t e any item era • specified in the M.G.M. Liquor Warehouse manual without the prior
written approval of the FRANCHISOR. The FRANCHISEE shall not sell any food or
Ionalcoholic beverage, except specified items, without the prior written approval of
P �'
.he FRANCHISOR.
(G The FRANCHISEE shall exhib p romote the sale of, sell and distribute `i. G.M.
t p
., i quo r Ware house products, including M.G.M. Liquor Warehouse pr ums and novelties
ind P romotio Literature and materials .
sup and services purchased by the FRANCHISEE from the FRANCHIS01
(08) Products, PP
" upon receip of an invoice. " Fees or charges for products, supplies
S hall be p ,
payable p P
hed b the FRANCHISOR not paid within ten (10) days of receipt of
or services furnished y
ear interest from the due date at the maximums rate permitted
an invo�.ce therefor shall b
ex ceed eighteen p ercent (18x) per annum. If the FRANCHISEE is delinqu ent
b law, not to ea g P
service fee or charge for products, supplies, or services, the
ym�
in the pa`ent of any FRANCHISOR to the
FRA.NCHIS
OFk shall have the right to set -off any amount owed by the F
din reimbursements or rebates from the Advertisinng Fund, against
FRANCHISEE,
including
amou awed to the FRANCHISOR by the FRANCHISEE.
--- The FRANC p romptly HISEE shall pay when due all taxes levied or assessed by
P
n and performance under this Agreement. The FRANCHISEE further
Tr s ha3.1 secure pay pr of its operation P , a of its e m p loyees
ees
e and a r emiums on a Wo rkers Compensation covering I1 p y
and, if applicable, shat pay 1 a all state unemployment taxes, state sales taxes and all
:
7.
her taxes and expenses of operating the Franchised M.GoMe Liquor Warehouse Store.
the event P
vent of an bona. fide di as to the liability for any taxes assessed against
to F
RANCHISEE, the FRANCHISEE may contest the validity or the amount of the tax in
..cord ance with procedures of the taxing authority. In no event, however, shall the
.ANC P
HISEE emit a tax sale or seizure by levy of execution or similar writ or warrant
occ ur against the P M remises or the equipment contained in the Franchised . G.M. Liquor
g
rehouse Store&
( 10) The FRANCHISEE shall maintain all coolers, freezers and other equipment in
ie Fr
anchi-sed 1''i. G.M. Liquor Warehouse Store in excellent working c�ndltion. As such
_mss
become obsolete or mechanically impaired to the extent they require replacement,
FRANCHISEE shall replace such items with either the same or substantially the same
le F _ P ' anchised M.G.M. Liquor
P
es and kinds of equipment as are being installed in other r r q
ire
}souse Stores franchised by the FR,AINCHISOR at the time replacement becomes necessary.
J equipment ent used in the Franchised M.G.M. Liquor Warehouse Store shall meet the
_aso P
nable specifications of the FRANCHISOR and shall be approved by the FRANCHISOR
-ior to ins tallation thereof*
9 . ) NA E S AND MARKS
(01) The F RANCHISEE shall overate under, and prominently display, the NA`fES and
the operation of the M. G.M. Liquor Warehouse Store. The FRANCHISEE shall use
�:RKS i n P
:) commercial rcial trade names, service marks, or other commercial symbbls including
ssoc_a g
{ ted logos that do not satisfy the criteria established by the FRANCHISOR'S M. G.M.
iquor
Warehouse manual of operations. In the event that the FRANCHISOR deems it
e the FRANCHISEE shall file for and maintain a "Certificate of Trade Name"
�visabl , HISEE' S office fs
n
the county, or other appropriate jurisdiction, in which the FRANC
ocated.
From time to time the FRANCHISOR may elect to discontinue the use of certain
(02) �.
�'�.S and
Y_ARK.S and to commence use of new NA. ES and The FRANCH shall pay
+l expenses incurred in connection with discontinuing the use of existing NZ AI ES and
.ARKS and commencing the use of new NAL`ES and ML AILKS.
(0 3) The F R . acknowledges ackno�wled es that its right to use the NAMES and `L4M licensed
derived solely from this Agreement and that all such usage and any goodwill.
iereunder is der y
hed
thereby shall inure to. the exclusive benefit of the FR&NCHISOR.
_stablis y
shall of the NAMMES and MARKS licensed hereunder
(04) The FRANCHISEE s ha not use an y
_n combination with other words, letters, prefixes, suffixes, logos or designs, other
:ham in the manner authorized by the FRANCHISOR.
The FWCHISEE agrees that, upon the termination or expiration of the Term
(OS) Th g
) the License for an reason whatsoever, the FRANCHISEE shall forthwith discontinue
:he use of the NAMES and MARKS licensed hereunder, and, thereafter, shall no longer
ise or have the right to use the NAMES and MLARKSO
(06) The
FRANCHISEE shall immediately notify the FRANCHISOR of any infringement
:) f or challenge to
the FRANCHISEE'S use of present and future NAMES and MARKS licensed
hereunder and shall not communicate With any other person is connection vith any such
infringement, challenge e or claim. The FRANCHISOR shall have sole discretion to take
Such ac tion as it deems appropriate and to exclusively control any litigation or any
r:rad ema rk office fice or other administrative proceeding arising out of any such infringement;
hal.len a or claim relating to any of the NAMES and 1 •
.. g
8.
1 j,) SUPPLIES
(Q1) From time to tine, the
• FRAOCHISOR shall provide the F T.MiCHISEE a list of
• ortas contracts signs, cards, stationery and other items necessary to
_iers of f 2 sug aes ted source of supply
.t
e the Franchised M.G.M. Liquor :larehouse Store. the 40 o
•
: ny inaz • vidual i tem may be the FRANCHISOR, an of f il.iate of the FP%ANC:iISOR or an
y
,enaent contractor. The F W
CHISEE shall not be restricted f roa using sources of
r ecommended b the FRANCHISOR, if the other sources supply items
.y other than those r Y
an ecif ication.s as those supplied by the recommended
lbs tant ially the same quali p
.es•
e right to require the FRA- NCHISEE to obtain the
(02) Z FRANCHISOR reserves the o q _
.. FRANCHISOR riot t the use of any supplier not previously
:.en approval of the P such a r ma
eve d by the
FRANCHISOR and as a precondition to the granting of pp Y
tier to submit to the FRANCHISOR samples of products it proposes
ire the proposed supp lier
rovlde to the FRANCHISEE • F :iISEE for use in the Franchised M.G.M. Liquor Warehouse Store.
not be liable to` the FRANCHISEE for damages caused by
(03) The FRANCHISOR shall urchase
• FRA NCHISOR or an approved supplier to make available for p
failure of the FRA.� P
i tem, u nless s the failure is. the result of factors within
th FRANCHISOR'S reasonable
�
role
• Term of the License, the FRANCHISEE shah. maintain
(04) At all tines during the M.G.M.
the products and materials necessary to operate the M .
�asonable inventory of P e FRANCHISEE
• e. The FRANC�iISOR reserves the . right to require th
for Warehouse Store. . -
. aintain
a mini
inventory established by the FRANCHISOR
es the right to bottle and distribute, or contract for
(0S) the FR�.ANCHISOR resew g elated products under a private
• he bot tlina and distribution of, liquor and r p -
license t ` d related products bottled and distributed
l usi i n the � ;AI•IE S and UURKS . Liquor an P
_ g
*� :, A�'� S and ;���K S shall be made available to the r I
rig the MCHISEE for purchase fron
• contractors or licensees. The FRANCHISEE is. required
FRANCHISOR, its affiliates,
• quant of these products to meet the demands o f its custoIIers
pur chase sur f lci ent q
to provide such products adequate shelf
P space.
11.) FINANCIAL
INFORMATION REPORTS _INSPECTIONS AND AUDITS
maintain its books and records in the manner reasonably
(O1) T'ne F?�:ANCHISE� shall uniform
.
HISOR. At its option, the FRANCHISOR may establish a
wired by the FRANC p o
,o ra or a central computerized accounting system for FRANCHISEES. If the
.ountiria syste to .
central computerized accounting system, the FRANCHIS
I;CHISOR establishes a cent EE shall p
.liz e the system. The F�
CHISEE shall be responsible for , the payment of reasonable
on of a i ment and use of the central, computerized accounting
urges for the ins tallati q uP
itemo
• ANCHISOR with monthly s to t events of
(02) The FRANCHISEE shall provide the F. _ •
d 1i.G. Vii. Li uo "r Warehouse Store and such _other financial
Nation f rocs � the Franchise q
n to the business of the FRANCHISEE as fxom time to time
3 sales in ormation relate. g rnation shall
required b P.. The financial and sales info
Y be reasonably q Y the � FRANCHISO
CLIM- Live red to the FRANCHISOR in n the form and by the deans of communication authorized
the FRANCHISOR.
9.
• (03) The FRANCHISOR shall have the right to audit or cause to be audited the sales
P
orts and financial statements delivered to the FRANCHISOR, and the books, records
1d sales and income tax returns of the FRANCHISEE. If any audit discloses an
derstatement of FRANCHISEE'S Gros Receipts for any period or periods, the FRANCHISEE,
thin fifteen (15) days of receipt of the audit report, shall pay to the FRANCHISOR
.e service fees and royalties due on the previously unreported Gross Receipts. In
dition, if an understatement for any period equals one percent (lx ) or more of the
ANCi3ISEE' S Gross Receipts for the period, the FRANCHISEE shal rei the FRANCHISOR
r the cost of the audit, including, without limitation, the charges of any independent
.countant and the travel expenses, room and board, and compensation of persons employed
the FRANNCHISCR to make the audit.
12.) ICI S URANCE
At all times during the Terra of the License, the FRANCHISEE shall maintain in force,
its sole expense, general comprehensive public and product liability insurance against
_aims for bodily and personal injury, death and property damage caused by, or incurred
i conjunction with, the operations of, or conduct of business by, the FRANCHISEE;
!neral casualty insurance (including fire, broad form extended coverage, vandalism
I d malicious mischief) on the M.G.M. Liquor Warehouse building, equipment, signs and
iventory; motor vehicle liability insurance and workers' compensation insurance. The
1surance coverage shall be maintained under one (1) or more policies of insurance
)nt.ain.ing the amounts and types of coverage froze time to time prescribed by the
u,Ni CHISOR and insured by insurance companies rated AAA by Alfred Mi. Best & Company,
lc, All public and product liability and motor vehicle liability insurance policies
za1.1 name the FRANCHISOR as an additional ins a nd shall provide that the FRANCHISOR
?ceive ten (10) days' prior written notice of termination, expiration or cancellation
an y such po The FRANCHISEE shall submit to the FRANCHISOR, annually, a copy
L the certificate of or other evidence of the renewal or extension of each such
:1surance policy. If the FRANCHISEE at any time fails or refuses to maintain any
1surance coverage required by the FRANCHISOR, or to furnish satisfactory evidence
aereof, , the FRANCHISOR, at its option, and in addi tion to its other rights and remedies
_reunder, may obtain such insurance- coverage on behalf of the FRANCHISEE, and any costs
f premiums, incurred by the FRANCHISOR in connection therewith shall be paid by the
.RA.NCHSSEE on demand.
13.) CONFIDENTIALITY AND IMP ROQ_2EiE NT S BY FRAM CH I S EE
(01) The FRANCHISEE acknowledges that all of the information he has now or obtains
n the future conce rai.ng the Standardized System of Operat:.on and the concepts and .
ethods of promotion licensed hereunder is derived from the FRANCHISOR pursuant to this
g . reeme'nt and that such informa will be treated in confidence. Further, the
�
RANCHISEE shall require all management personnel employed in the Franchised 1i. G.M.
i q uor Warehouse Store, as a condition to their employment, to enter into an agreement,
ntorceable by the FRANCHISOR, to treat such information as confidential.
(02) to the event that the FRANCHISEE, during the Terns of the License, conceives
r develops any improvements or additions to the Standardized System. of Operation, new
rude names, trade and service marks and other commercial symbols related to the business
f the FRANCHISEE licensed hereunder, and advertising and promotion - -=ideas related to
he-Franchised M.G.M. Liquor Warehouse Stores (Improvements), the FRANCHISEE shall fully
isclose any such Improvements to the FRANCHISOR and shall obtain the FRANCHISOR'S
ri-tten approval thereof prior to the use of such Improvements. Any such Improvement
_ roved b the FRA.NCHIS,OR may be used by the FRANCHISOR and all other FRANCHISEES of
PP y
10.
the FRANCHISOR without any obligation to the FRANCHISEE for roy alties or therr�is
FR.�NCHISEE �' i o a and,
the shall assign to the FRANCHISOR, without charge, any rights, includi
the right to grant sublicenses to any of the FRANCHISOR'S FRANCHISEES, to any such
Improvement. The FRANCHISOR, in its discretion, may ma ke application for and . own
-apyrights, trade names, trademarks and service marks relating to any such Improvement.
the FRANCHISOR also may consider such Improvements as the property and trade secret
3f the FRANCHISOR. The FRANCHISOR shall authorize the FRANCHISEE to utilize any
Lmprovement authorized generally for use by other FRANCHISEES.
14e) COMPETITION =
(01) the FRANCHISEE acknowledges the FRANCHISOR must be p'otected against the
tential . -for unfair c T g
3o _ competition by the FRANCHISEES use of the FRANCHISORIS training,
ssistance and `rade secrets in direct compe with the FRANCHISOR. The FRANNCHISEE
therefore agrees that it shall not, during the Term of the License and for a P eriod
f two (2) years following the effective date of termination of this A reement either
g ,
iirectly or indirectly engage in the operation of any off —sale retail. liquor store withil
3 radius of five (5) miles from the location of the Franchised X.G.M. Liquor Warehouse
Store and any other M.G.M. Liquor Warehouse Store in existence at the time of the
execution of this Agreement.
(02) Nothing contained in this Agreement shalt. be construed to prohibit the
= RANCHISOR from competing with the FRANCHISEE outside the Exclusive Area, either
,ndividually or as a partner, officer, director or shareholder of any business entity
Jhich competes with FRANCHISEE in any other manner, direct or indirect.
15.) ASSIGtiTMiENT
(01) This Agreement is fully assignable by the FRANCHISOR, and shall inure to the
3enefit of any assignee or other legal successor in interest of the FRANCHISOR.
(02) No FRANCHISEE, partner (if FRANCHISEE is a partnership) , or shareholder
( if the FRANCHISEE is a corporation), without the prior written consent of the
FRANCHISOR, by operation of law or otherwise, shall sell, assign, transfer conve
;ive away, or encumber to, any person, firm or corporation, his interest in this Agreemen t
in the g
�r his interest e License granted hereby or his interest in any proprietorship,
-)artne: ship or corpo ra tioa which owns any interest in the License. Any =P u o rt ed
P
3ssig=ent not having the necessary consent shall be null and void and shall constitute
3 material default hereunder.
(03) The FRANCHISOR shall not unreasonably withhold its consent to any ass
3rovided the following conditions and requirements shall first be satisfied:
(a) If the FRANCHISEE is an individual or partnership and desires to assign
and transfer his rights to a partnership or corporation controlled by
i
the FRANCHISEE:
(i) the transferee shall be newly organized and its charter shall
provide that its activities are confined exclusively to operating
the Franchised M.G.M. Liquor Warehouse Store;
11.
(ii) the FRANCHISEE shall be and shall remain owner of not less than
two- thirds (2/3) of the issued and outstanding voting stock of
the transferee corporation or, in, the case of a partnership, of
two-thirds .(2/3) of the voting control of the partnership;
(iii) the individual FRANCHISEE (or, if the FRANCHISEE is a partnership,
one (1] of the partners) shall be and shall rp ain' the principal
executive officer of the transferee;
_ (iv) the transferee shall enter , into a written assignment in a form
satisfactory to the FRANCHISOR with FRANCHISEE and. the r RANCHISOR,
assuming all of the FRANCHISEE'S obligations hereunder;
(v) all the partners or shareholders of the transfe-ree shall enter
into a written agreement in a form satisfactory to the FR- 42ICHISOR
jointly and severally guaranteeing the full payment and performance
of the transferee's obligations to the FRANCHISOR and agreeing
to be personally bound by all covenants and restrictions imposed
upon the transferee under the Franchise Agreement;
(vi) each stock certificate of the transferee corporation, or the
pa rtnersh.ip agreement of the transferee partnership, shall have
conspicuously endorsed upon it a statement that it is held subject
to, and that further assignment or transfer of any interest therein
is subject to, all restrictions imposed upon assignment by this
Agreement;
(vii) no no new voting interest in the transferee shall be issued to
any person, partnership, trust, foundation, or corporation without
obtaining FRANCHISOR'S prior written consent;
(viii) all accrued money obligations of the FRANCHISEE to the FRANCHISOR,
and its subsidiaries or assigns shall be satisfied prior to
assignment or transfer.
(b) If an assignment (other than an assignment as set forth in Subparagraph
(a) above) , alone or together with other previous, simultaneous or
proposed transfers, would have the effect of transferring control of
the License created hereby to someone other than an original signatory
to this Agreement:
(i) the transferee shall be of good moral character and reputation
and shall have a good credit rating, financial, capabilities, and
competent business qualifications reasonably acceptable to the
FRANCHISOR. The FRANCHISEE shall provide the FRANCHISOR with the
information it may reasonably require to make a determination
concerning each proposed transferee; -
the transferee, including all shareholders and partners of the
transferee, shall jointly and severally execute a written assignment
• - in a form satisfactory to the FRANCHISOR assuzaing all of the
FRANCHISEE'S obligations;
12.
(iii)
if the transferee is a corporation or partnership, each stock
certificate or the partnership agreement shall have conspicuouly
endorsed upon -it a statement that it is held subject to, and further
assignment or transfer of any interest therein is subject to, all
restrictions imposed upon assignments by this Agreement;
(iv) if the transferee is a corporation or pa rtnersTzip, no new voting
interest in the transferee shall be issued to =any person,
_ P
artnership, trust, foundation, or corporation without obtaining
the FRANCHISORS prior written consent;
(v) the FRANCHISEE shall have fully paid and satisfied all of the
FRANCHISEE'S obligations to the FRANCHISOR and. the transferee or
the FRANCHISEE shall fully pay to the FRANCHISOR a transfer fee
of Five Thousand Dollars ($5,000) for the training, super
administrative, accounting, legal or other expenses in connection
with the transfer;
(vi) all the partners or shareholders of the transferee shall enter
into a written agreement, in a form satisfactory to the FRANCHISOR,
jointly and severally guaranteeing the full payment and performance
of the transferee's obligations to the FRANCHISOR;
(vii)
if the as s i cqment or transfer is 'caused by the death or incapacity
of the FRANCHISEE (or in the case of a partnership or corporation,
b y the death or incapacity .of one controlling more than one—third
(1/3) of the voting interest of the FRANCHISEE) , the provisions
of this Subparagraph (b) must be met with regard to the heir or
personal representative of the FRANCHISEE succeeding to the FRANCHISEES interest hereunder, provided, however, if the heir
or re ersonal resentati assigns, transfers or sells its interest
P P
in the License within sixty (60) days after the death or incapacity
of the FRANCHISEE, the person to whom the interest is assigned,
transferred or sold, and not the FRANCHISEE'S heir or personal
representative, must comply with the provisions of this Subparagrap
(b) as transferee.
(c) The FRANCHISEE may assign his interest in the License granted hereby
to a Financial Institution to collateralize a loan financing the
cons tructioa of an 11. G. M. Liquor Warehouse; Store, if the assignment
provides:
Ci) -
the Financial. Institution shall be required, upon a loan agreement
default b y the FRANCHISEE, to give immediate notice to the
FRANCHISOR. The notice of default shall include a statement
disclosin g the intention of the Financial Institution in reference
a o
to its rights in the assigned as collateral;
ateral.• ,
if the Financial Institution elects to take possession of the
licensed M. G.M. Liquor Warehouse Store, it shall assume the duties
of the FRANCHISEE, cooperate in the operation of the X.G.M. Liquor
Warehouse Store in strict compliance with the provisions of this
Agreement, and actively solicit qualified substitute FRANCHISEES
satisfactory to the FRANCHISOR. NCHISOR. No transfer fee shall be charged
to the Financial Institutions
(0 4) In the event the FRANCHISEE ever desires to sell, its securities to the public,
t sha present any offering circular or prospectus to the FRANCHISOR for its review
a reasonable time prior to such offeripLg becoming effective. The FRANCHISEE
• i then P
g
gees not to offer its securities by use of the name " MiGH, M.G.M. Liq uor Warehouse
tore" or any name deceptively similar thereto.
16*) RIGHT OF FIRST REFUSAL
If � at any time during the terra
hereof the FRANCHISEE receives a bona fide offer
o p the b usiness licensed hereunder, which offer the FRANCHISEE is willing to
the F NC:iISEE shah. communicate in w riting to the F�;.ANCHISOR the fv:J.l terms _
ccept, _
f the or ter and the name of the offeror. The FRANCHISOR may elect to purchase the
usiness on the terms set forth in the offer. If the FRANCHISOR elects to purchase
ess it shall Qive to the FRANCHISEE written notice of the election within
he busin d I
d a s of ter the FRANCHISOR receives the FRANCHISEE'S communication of the
h�. r ty ( 30) �
f 1 er. if the FRANCHISOR fails to give written notice of election within thirty (3 0 )
F RANCHISEE ma sell to the offeror on the terms offered, subject to the
. ay s , the F y � ' { -
ions relating to assignment. The sale must, however, be co mp l eted wi thin sixty
y
)rovis ..
O
of the termination of the thirty (3.0) day period during which the FRANCRISOR
60) days
la � e , an additional. notice must
Qive written notice of election to purchase, otherwise, 9 n an additional o ption ,e given to the FRANCHISOR and p eriod must expire prior to any P P
ran.s
uch �
-- fer. In the event the FRANCHISOR elects to purchase the business, it shah
t to substitute e uivalent cash for any noncash consideration. included
lave the rz q
P
_ the bona
fide offer to urchase the Franchised M.G.M. Liquor Warehouse Store and
.he FRANCH SOR and the he FRANCHISEE will use their best efforts to complete the purchase
-
r3. thin six y ( 60) • s from the date of the FRANCHISOR' S notice of election to purchase.
days
17. ) TERMINATION
q
(01) The
FRANCHISEE m terminate this Agreement and the License granted hereunder
effective ten ( 10 ) days after delivery to the FRANCHISOR of notice of termination, if
y
the FRANCHISEE is in compliance with the Agreement and the FRANCHISOR breaches this
Agreement and fails
to cure the breach within thirty (30) days after written notice
of the breach is delivered to the FROCHISOR. The FRANCHISEE may also terminate this
,A reem
ent in accordance with the term of Paragraph 3 (01) hereof*
term inate this Agreement effective immediately upon receipt
(0 The FRANCHISOR may t erra�. g
by the FRANCHISEE of notice of termination AN
, if the. FRANCHISEE or the Franchised M.G.` &
Liquor Warehouse Store:
(a) 'Q'o luntarily abandons the business licensed hereunder by failing
continuously . and actively to operate the Franchised M.G.M. Liquor
Warehouse Store unless the failure is due to natural disaster, labor -
dispute or other cause beyond the FRANCHISEE'S reasonable control; _
F
Is convicted in a jurisdictioa court of comaetent of an - of f ense directly
(b)
related to the business conducted pursuant to this Agreement;
cure a default under this Agreement which materially impairs
(c) Fails to c ; -.
• the goodwill associated with the NAMES and after the FRANCHISEE
_.. ,.
has received written notice to cure at least twenty--four (24) hours in
ce of termination.
advance of the noti
i(
(Q3) The FRANCHISOR may terminate this A greement effective sixty (b0) days after
delivery o f notice of termi tion to the FRANC
%
• FRANCHISEE i f the FRANCHISEE or the Franchised %i.GoMo Liquor Warehouse Store:
M
(a) Makes an assignment for the ben efit e efit of creditors or an admissions of
inability to pay its obligations as the y become due; its
-
(b) Files a voluntary petition -
P in bankruptcy or any pleading seeking
reorganizm osit�.ou l i quida tion any
ation, arrangement, co
- dissolutionP � adj ustment , ,
or similar relief under an Law ad
._ the material allegations y ! mats or fails to contest
ga tions of any such pleading f a ains t
adjudicated a bankrupt o g•� or is
p r insolvent;
(c) Commits repeated, ma terial violations of any health, safety*, sanitatio
or other regulatory law ordinance or regulation g lation or operates the
Franchised M.G.M. Liquor Warehouse Store
in a manner that presents a
health or safety hazard to its emp loye es u
customers or the general. public;
(d) Makes an unauthorized assi nznent or
g transfer of this Agreement or the
License*
(e) Suffers cancellation of or fails to
.renew or extend, the Lease or sublease
for, or otherwise fails to maintain possession of, the location or
premises occupied by the Franchised %i.G*Me Liquor Wareh
fails. to secure a suitable q ouse Store and
le a�. t ernes Live location or r ac
FRANCHISOR; - P ac ceptable
to the
(f) Submi to the FRANCHISOR two .
� o (2) or more sales reports financial
statements, other information or s '
upporting records in any period of
twelve (12) consecutive months , which understate e by more than one percent
(lx) the Gross Receipts of the Franchis M. G.M. Liquor Warehouse or
materially distort any other material information•
(g) Consistently fails to submit when d
sales reports or financial
statements or to pay when due service fees and royalty a
payments due to the FRAM y y P y�aents or other
FRANC HISOR;
(h) Has its off- -sale retail liquor license sus ;
q suspended or revoked, ,
(i) Otherwise materially breaches this A
. greement (whether or not such .breaches
are corrected after notice) or fails to com 1 with an
comply y provision of
this Agreement or any specification, standard or
operating procedure
prescribed by the FRANCHISOR and does not correct suc failure within
the reasonable time set forth in the notice to
cure sent by the FRANCHISOR
to the FRANCHISEE; or
d
Has made material misreoresentatio
(�) ns on
its application for the License.
(04) The FRANCHISEE agrees, upon ter in.atioa or expi ration
med i tel return to t p ration of the License, to
y e FRANCHISOR a copies of al ma nua ls that hav been loaned
it by the FRANCHISOR and any material marked as ro ert of
of idential .
P P y the FRANCHISOR or as
is*
(05) Within fifteen (15) days after the effective date of termination or expiration
f the License, the FRANCHISEE shall pay to the FRANCHISOR such service fees, royalties
ad other charges as have or will thereafter become due hereunder and are then unpaid
ad all amounts due for printed materials, forms, advertising material, samples,
° applies, products and services supplied by the FRANCHISOR.
(06) Upon termination or expiration of the License, the FRANCHISEE shall.
:cpeditiously take such action as may be required to properly cance3l all assumed name
r equivalent registrations relating to the use of the NAMES and MAPM, to notify the
elephone company and all Listing agencies of the termination or e? piration of the
ANCHISEE right to use telephone numbers and classified and other directory listings
ssociated: the NAlfES and MARKS and to authorize the telephone company and listing
gencies to transfer to the FIRANCHTSOR all such telephone numbers and directory listings*
he FRANCHISEE ac�Cnowl.edges that, as between the FRANCHISOR and the FRANCHISEE, the
RA,NCHISOR has the sole right to and interest in all telephone numbers and directory
istings associated with the NAMES and MARKS licensed hereunder. The FRANCHISEE
uthorizes the FRANCHISOR, and appoints the FRANCHISOR its attorney --in- -fact, to direct
he telephone company and all listing agencies to transfer telephone numbers and listings
o the FRANCHISOR.
(07) Alter the termination or expiration of the License, the FRANCHISEE. shall not
ndicate directly or indirectly, in any manner, that he is or ever was affiliated with
he FR..A.INCHISOR in any capacity, identify himself or any business as an H.G.M. Liquor
arehouse Store or as a franchisee of, or otherwise associated with, the FRANCHISOR,
r use, in any ' manner or for any purpose, any of the Standardized System .of Operation,
oncepts and methods of promotion, or NAMES and or any other indicia of an M.G.` o
iouor Warehouse Store.
(08) -A11 obligations of the FRANCHISOR and the FRANCHISEE which expressly or by
heir nature survive the expiration or termination of the License shall continue in
u-11 force and effect subsequent to and notwithstanding the expiration or termination
f this Agreement until they are satisfied in full or by their nature expire.
18. ) ENFOR =NT
(01) The FRANCHISOR shall have the right to enforce by judicial process its right
. o terminate this Agreement for the causes enumerated in Subsections (a) through (c)
f Subparagraph (02) of Paragraph 17. The FRANCHISOR shall be entitled without bond
.o the entry of temporary restraining orders, and temporary and permanent injunctions
:.n.forcing the aforementioned provisions. If the FRANCHISOR secures any such injunction,
.he FRANCHISEE shall pay the FRANCHISOR an amount equal to the aggregate of the
'RANCHiSOR' S costs of obtaining such relief including, without limi tation, reasonable
attorneys' fees, costs of investigation and proof of fact, court costs, other litigation
) and travel and living expenses.
(02) except insofar as the FRANCHISOR elects ' to enforce this Agreement by judicial
)rocess and injunction as hereinabove provided, all disputes and claims relating to
w
Iny provision hereof, to any specification, standard or operating procedure or other
bl3.ga tion of the FRANCHISOR or to the breach thereof (including wi limitation
in y claim that this Agreement, any provision thereof, any specification, standard or
)perating procedure or any other obligation of the FRANCHISEE or the FRANCHISOR is
;llegal, unenforceable or avoidable under any law, ordinance or ruling) shall be settled
y
arbitration at the office of the American Arbitration Association located in St.
'.au1., Minnesota, in accordance with the United States Arbitration Act (9 Ue S.C. , § 51
16.
t seq.) , if applicable, and the rules of the American Arbitration Association (relating
o the arbitration of disputes arising under Franchise License Agreements, if any,
`her-wise, the general rules of commercial arbitration), provided that the arbitrator
Zall have the right to award or include in any award the specific performance of this
7reement. Judgment upon the award of the arbitrator may be entered in any court having
srisdiction thereof. During the pendency of any arbitration proceedings, the FRANCHISEE
ad the FRI ANCHISOR shall fully perform this Agreement.
(p3) If, after the FRANCHISOR or the FRANCHISEE institutes an arbitration
r0ceeding., one or the other asserts a claim, counterclaim or defense, the subject matter
f which, ender statute or current judicial decision is nonarbitrable -for public policy
eason.s, the party against whom the claim, counterclaim or defense is asserted may elect
o P r ocoed with the arbitration of all arbitrable claims, counterclaims or defenses
a c laims, counterclaims or defenses in a court having
r to proceed to litigate al c ,
omoetent jurisdiction'* .
19.) INDEPENDENT CON IRACTORS/IN
The FRANCHISEE is a Licensee of the FRANCHISOR. The FRANCHISEE shall, be
or.,spicuously identif at the premises of the M.G.M. Liquor Warehouse Store and in
11 dealings with customers and suppliers as a Licensee. The FRANCHISEE shall not
e p resent nor imply to any person that this Franchise Agreement authorizes the FRANCHISEE
Neither the FRANCHISOR nor the FRANCHISEE
o act as agent for the FRANCHISOR. shal3.
e obligated by any agreement, representation or warranty (except warranties specifically
utho r l zed by the FRANCHISOR, if any) , made by the other nor s I the FRANCHISOR be
bli.oated for damages to any person or property directly or indirectly arising out of
he operation of the M.G.M. Liquor Warehouse Store or the FRANCHISEE'S business conducted
e=eunder, or caused by the FRANCHISEE'S negligence, willful action or failure to act.
LNCH?SEE agrees to indemnify the FRANCHISOR against, and to reimburse the FRANCHISOR
or, all obligations and damages for which the FRANCHISOR is liable and for all costs
easonably incurred by the FRANCHISOR in the defense of any such claim brought against
t .or i any action in which it is named as a party, including without Limitation,
e
asonable attorneys' fees, costs of investigation or proof of facts,. court costs, other
iti ati.on expenses and travel and living expenses. The FRANCHISOR shall have the right
o defend any such claim against it. The FRANCHISOR agrees to indemnify the FRANCHISEE
to reimburse the FRANCHISEE for an obligation or liability for damages
aims'
and � y g y es g
�g �
e is representations or warranties of the . FRANCHISOR
table
to a r e men , or caused
ibu � P
. t tr g
the negligent or willful action of the FRANCHISOR, and for costs (as hereinabove
y - FRANCHISEE in the defense of an claim brow
:eTinec) reasonably incurred by the y ht g
ainst it as a result of the foregoing or in any such action in which it is named as
g F RANCHISOR shall have the r ight to p articip ate i t e in and to control an
party.
The F g P Pa y
.itiga tion or proceeding which might result in Liability of or expense to the FRANCHISEE
aub ect to y' indemnifica b the FRANCHISOR. The indemnities and assumptions of
i
�
.iabilities and obligations herein shall continue in full force and effect subsequent
:o and notVithstanding the expiration or termination of this Agreement.
GOVERNING LAW/ BINDING EFFECT /CONSTRUCTION /WAIVER /NOTICES
20.) _
( 01 ) Except to the extent governed by the United States Trademark Act of 1946
P
,?,anham Act; 15 U.S.C. , 41050 et seq.) , as amended, this Agreement shall be governed
.0
Dy the Laws of the State of Minnesota.
17
(02) This Agreement
i
,ssi rn:s and successors in
is binding upon the parties hereto, their respective heirs,
interest.
Q3 The introduction recitals and exhibits hereto are apart of this Agreement,
h ich
constitutes the entire Agreement of the parties, and, at the time of this
.gree ,
went there are no , other oral or written understandings or agreements between the
RA ,NCHISOR and the FRANCHISEE relating to the subject ma tter of this Agreement.
all the FRANCHISEE acknowledges that he has entered into_ this Agreement after
�pecif is y , t operations- and not upon an
�.n an independent investiga Lion of the FRANCHISOR'S open _ P y
La
g
Senta.tion as to prof its which the FRANCHISEE might be expected to realize, nor
epre _
- made any other representation which is not expressly set forth h
gas anyone.- to
_ nduc e FRANCHISEE _
. to accept this License and execute this Agreement. The headings of
he se
veral. paragraphs above are for con' enjence only and do not define, lim .t or
. P g
. ons tru
e the contents thereof. The term "FRANCHISEE" as used herein is applicable to
P
one (1) or more ersons, a corporation or a partnership, as the case may be, and the
. ingu3.a r usage includes the plural and the masculine and feminine usages include the
) ther and
the neuter. References to "FRANCHISEE" applicable to any individual shat
inci al o�w�aer or owners of the equity or operating control of the FI.,MCHISEE
jean the ♦ r P
.f the FRANCHISEE is a corporation or partnership.
(0 4 The FRANCHISOR and the FRANCHISEE agree that, if any provisions of this
�greeIIent are capable of two (2) constructions, one of which would render the provision
voidable or unenforceable and the other or" which would render the
ega1 or otherwise
,tovislo
n valid and enforceable, the provision shall have the meaning which renders
_t valid
and enforceable. The language of all provisions of this Agreement shall be
simply accordi to its fair meaning and not strictly against the FRANCHISOR
_ ons trued y g
r the FR.ANCHISEE.
(OS)
It is the desire and intent of the FRANCHISOR and the FRANCHISEE that the
of this Agreement be enforced to the fullest extent possible under the laws
provisions g
' nd public policies applied to each jurisdiction which enforcement is sought.
kCeording y, y P
Z if any of this Agreement is adjudicated to be invalid or
1nen- Torceable, such
adjudication is to apply only with respect to the operation of such
the rticular jurisdiction in which such adjudication is made. A11.
?rova in pa
• severable and this Agreement shall be interpreted and
�rovisiox�s of t�•S Ag reement are . - contained
• reed as if all completely invalid and unenforcea
_nz ble provisions were not c
o
t-herein and partially valid and enforceable provisions shall be enforced to the extent
Y
valid and enforceable
The FRANCHISOR and the FRANCHISEE shall substitute a valid and
en,rorceable provision
for any specification, standard, operating procedure, rule or
Cher oblication of the FRANCHISEE or the F�:ANC3ISOR which is determined to be invalid
and is not waived by the other. If any applicable law or rule requires
or unenforceable .
3 g =eater prior
notice than is required hereunder for the termination of, or election
not to renew, t g
his Agreement or the taking of some other action hereunder, the prior
notice req
aired b y such law or rule shall be substituted for the notice requirement
hereunder*:, .
(06) . :The FRANCHISOR and the FRANCHISEE, by written instrument,_ may unilaterally
AW
, Waive any obl ation of or restriction. upon the other under this Agreement. No
FRANCHISOR of an payment by the FRANCHISEE and no failure, refusal
.acceptance by the �' � this Agreement
neglect of the FRANCHISOR or the FRANCHISEE to exercise any right under g
o r
compliance y -
• all b the other with its oblioa tions hereunder or with
or to insist upo f P
.any specification, standard or operating procedure shall constitute a waiver of any
on of this Agreement or any specification, standard or operating procedure.
provisi S
b the FRANCHISOR or the FRANCHISEE of any right or remedy
No ..exercise of enforc ement y
18.
GUARANTY
IN CONSIDERATION of the execution by the Franchisor of the Franchise Agreement
d
Addendum to which this Guaranty is attached (the Franchise Agreement) , and other
oa a nd valuable consideration, receipt of which is hereby acknowledged, the undersigned
eby jointly and severay guarantee r ll to the Franchisor and to the Franchisor' s
`
cc°ssors and assigns the payment by the Franchisee name d in the Fr anchise _ -g reement
,
ssors and asst ns of all franchise fees provided for in the Franchise Agreement
s succe g
. c p ' the erxorma.nce by the Franchisee- of all of the provisions of the Franchise Agreement
r a
nd dur-In g the term of the Franchise Agreement and all renewals thereof.
caned understand d agree that any modification of the Franchise
The unders an
d g
reem
ent including any further addendum or addenda thereto, or waiver of the
-rTor"- ..ance by the Franchisee of its obligations thereunder, or the g3.vin.g by the
-anchisor of any extension of time for the performance of any of the obligations o f
;e Franchise thereunder, or any other forbearance on the part of the Franchisor or
z failure y
b the Franchisor to enforce any. or its rights under the Franchise Agreement,
y
� in an addendum or addenda thereto, shall not in any way release the undersigned
_c_u cy d o �' .
_cm
term3.nate, affect or d'
liability hereunder or * nish the validity of this Guaranty,
cce p t to the same extent, but only to such extent, that the liability or obligation
Franchisee is so released, terminated, or affected or diminished, notice to the
the
' e r s igned of any such modification, Waiver, extension or forbearance under the terms
1C o
�eTeof bein g hereby waived; provided that this Guaranty shall be enforceable upon ten
p day written notice by the Franchisor to any of the undersigned of any default
1 } y Agreement
v the Franchisee of any of its covenants under the terns of the Franchis e
na addendum or addenda thereto.
The undersigned hereby waive any and all notice of default on the part of the
r a.n �
cnisee • waive exhausting of recourse against the Franchisee; and consent to any
s sig
ment� of the Franchise Agreement, in whole or in part, that the Franchisor or
is assignees may makeo
ate d•
_.. _ ... _ ._ - .._
`ated'
)at ed
mated: _ _.
.ereun
der shall preclude the exercise or enforcement by the FRANCHISOR or of the
- NCH ISEE of any other rig or remedy hereunder or which the FRANCHISOR or the
;R,ANCIiISEE is entitled by law to enforce.
Q7 All written notices permitted or required to be delivered by the provisions
I'M
r this Agreement eement sha�.l be deemed so delivered when delivered by hand or three (3) days
f. laced in the United States mail by registered or certified mail, - return receipt
lter p
eq � postage ostage prepaid, and addressed to the party to be notified at its most current
,rincip
al business address of which the notifying party has been notified.
( 08) ._Because complete and detailed uniformity under many varying conditions may
lot be p ible or practical, the FRANCHISOR specifically reserves the right and
�iv oss
ae _ at its sole discretion and as it ma deem in the best interests of all
�-� e 0
•
oncera ed in any specific instance, to vary standards for any franchise - owner based
_
he eculiariti es of a particular site or circumstance, density of population,
1pon t p
pus in ess potential, population of trade area, existing business practices or any other
• the FRANCHISOR deems to be of importance to the successful operation
ondi t1on whic�i
' franchise ow busines The FRANCHISEE shall not complain on account o
3 i s uc n
3 IIy
variation from standard specifications and practices granted to any franchise owner
and s ha ll not be entitled to require the FRANCHISOR to grant the FRANCHISEE a like or
similar variation hereunder.
IN N WITNESS WHEREOF, the FRANCHISOR and the FRANCHISEE have executed this Agr eement
the d and year first above written.
FRANCHISOR
By • --
. I Position
FRANCHISEE:
By= -
Position
.
19.
�� ♦ ►' ►� .� 1 W . C'Ti�LI ilTO . I. EDAR 1, 51
TXM I
O 9 i 2 A ti `` ,. • � { :1-
ROT off
Loy. C. R D. E > &ZAi 9 At t 11 ITO IV
O •
- - -- . - - -29 Ko -- �____— ---- __t-__ -
x [' t y - 1-
IIa1 L & � W v •` •t • to 1
n t t 4 .� p 1 t f 1 • 1 S +`♦ ♦' ♦ w.M.r• 1
4 1 ' 1�+ 0. 0. Y tA i A '
XOEHLER R D. ` �� ` • �V� T ` o i C 1 ' w = W W AO = AY tt, ..►►� c ' ; c
c _5 S HEI-G vl • spelf(i 00 k.
•• - - o s 3600 ;r w
! r 1 t4 a W Jul N �1YE' �•• ' 1
Uj O UITY,
W } 'Y 6
• •
i : 0 ELL . •� ; < .. c t.
W v 1I v • 1 •
CE +
♦0 1 S *OM It ILV� ". r
DR .. • la•Itttt �.
.. 35E WOLTERS 111V0. . - ao+1 ��� j tt lutist y
v ° p N 1 I �,r . •C
lob Q :lilt. tc�. Z /tat/ • last a
ac "II
W . S E R WO - 00 • ` 3. r w r _ 4w .. 'was _ am •* A = < , ; w .� f• • r
wool
Mims Cf 460 z
Ilk
GAU at tt. l
106tWATt R AVE
4 ( /
ItOtt /OK i i 694 ; �'�"� t Itr•t aloft
VAD
a-I ea WAP,
1
112017 1 , , = �' °•�"�""� � - ....• •
• •..• • • • •.• • • .•• �/ • .•. . • �•rr •• • O _�.•
., COUNTY ROAD .8 _ WOODLYMN AVE. 00
LA ►.. • < x iTi; W, OD c; ALL w 0110. V 6� < _j
Q AVE* 0• ` ( ` • r s i VE. 8 `'
'OA/IAP g Y •.t. 19
■ �� • .
W • — 4M am as 5 moo �► ..._.r, t• _ _ _ — eE�M �vE. -: ?pct •. , : m aq aS ILYER BE M
ON "r - — L A E .-•.�► -. . 8 • - Nay 40 - w � IF
. 6J .•, • u AOkly� �• N ra �I i ti 01A « r fel t$ LAKE I 41 L-Le L_ ROXT -AVE " 4 j l _ ..
ti D
N , O FZS3TTo— a 0.` > av
s ► V~ V1 D o 8VH1, AM k
•�t�wf4 CC �'-� H s 4 i f t N 0 ST N
0 Ix 40 .1� 1CONLM�lN �• z k� Ott x� /.
.. t t it: t •;� w CiER yAls LA X E o W Z N KO M� a.. P��k Pi►rk <,; r
♦ ��• ` :r �G W e[ p 1~• Bull o r 1 T H Jl Y E.
t M tcr. 60 T E.
H AY Y
L t0. wo. t d• J 2640 C ' v► " " D: • x ! TH � w.~ ! ADA LAKE
. /.: f.. z 1- z W .
' • , ® w k►. � . P I • ! v7 N .< � 0: w 3 : Y '" • j N � � • 41114
Iti S 2 N w0 C t\,
�� TN 61 V cc z o .• v
5 f 1 v z w oc (104914 -c t s • 4811 s i t
.� a W -i DE NT w oc N
i o U u =
111 V 1 tY 5 — tK art. T . N �- 1�'t. 4t/! 1t'
�+ m Y E. m O 'f i E R ~ T H o v+ z Al i ai tit. >.
•�t� i SEXTANT �'
t�lr■ cc u YE. � •�.,,� i � SE nA . II K AV(V 1 17H AVE. _ ^+ .••t� at it 0
►* i 7 �' '� it AY(. N AV 12
T X11 1 K� .0
fte t z GERVAIS E. so " y 111 T 2104 -pope 2 IT
14 " I XVE. v 4 AV
f � 1 Da. 1. r, ..t vI c'/ ./ apt. - � ,� � � t N
ti
V
c +tj�ot ° _ ,
► art TH Jl f�9M �t i
SHERR _ ..
.• • t -rte •
• • •••• a •.►• • - •.♦ • `'
C VI1(Ikc of a0. v C �lv =` to �� �'��a N ....: -• c Av 5Tx JAYE.
t a4c..4t t 2 C 2 d IA ti Y 4TH AVE ci
V < 300 tMo o #
►a t t z VIRc rt. J _j ^+ AYE.
fw ? ArI Z t
t I V • [� .c J1VRlE R l URIC ac = ,. J`S t « �`t `, si
y
lu
< t► s kN5 'l tart U Y ^ >• V ST . • s 0__ co 'COUNTY v w » " "
0
• .. R o.�.t ;' 1 �UKCTI A u ■• jQ � o ,... S U7H z .... �
W s A
• t i . �� at it F+ •
ME MO ` �
al t •'4 3 ' BVAKE GLAD > < �►� /v• 4� •VI H 9
c�c�+�
It
II•r I Go1( :' .
�--N o ; • EORIDGE ' J�...ICV STOhE a ORtt t _. ,� I �'• t •ltt e; _ �+ 4
W t •C IcM. rt t